PC RES 2019-019 P.C. RESOLUTION NO. 2019-19
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES APPROVING AN
ENCROACHMENT PERMIT TO ALLOW THE CONSTRUCTION
OF AFTER-THE-FACT 1' TALL GARDEN WALLS WITH 4' TALL
PILASTERS EXTENDING 4.33' INTO THE OCEANAIRE DRIVE
PUBLIC RIGHT-OF-WAY ADJACENT TO 45 OCEANAIRE DRIVE
(CASE NO. PLEN2019-0001).
WHEREAS, on May 17, 2017, the Director of Community Development
conditionally approved a Major Grading Permit and Site Plan Review to allow 314yd3 of
grading to accommodate the construction of retaining walls, a swimming pool and spa,
and other ancillary improvements to a developed residential property located at 45
Oceanaire Drive (Case No. ZON2016-00343); and,
WHEREAS, on September 6, 2017, building permits for the Director-approved site
improvements were issued and project construction is currently underway; and,
WHEREAS, on June 11, 2019, the Public Works Department issued a Stop Work
Order for unpermitted work occurring in the public right-of-way (PROW); and,
WHEREAS, on July 1, 2019, the Applicant submitted the Encroachment Permit
application, requesting to allow to allow the construction of after-the-fact 1' tall garden
walls with 4' tall pilasters extending into the PROW by approximately 4.33'; and,
WHEREAS, on July 1, 2019, the application was deemed complete for processing;
and,
WHEREAS, on July 4, 2019, a public notice announcing the July 23, 2019 public
hearing was published in the Palos Verdes Peninsula News and mailed to all persons
owning property within a 500' radius of the subject site; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Section 21000 et. seq. ("CEQA"), the State's CEQA Guidelines,
14 C.C.R. I§ 15000 et. seq., the City's Local CEQA Guidelines, and Government Code
Section 65962.5(f) (Hazardous Waste and Substances Statement), Staff found no
evidence that the Encroachment Permit will have a significant effect on the environment
and, therefore, the proposed project has been found to be categorically exempt under
Class 3 (Section 15303(e)); and,
WHEREAS, on July 23, 2019, the Planning Commission held a public hearing, at
which time all interested parties were given an opportunity to be heard and present
evidence.
P.C. Resolution No. 2019-19
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NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO
PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The proposed project allows for the construction of after-the-fact 1'
tall garden walls with 4' tall pilasters extending into the Oceanaire Drive PROW by
approximately 4.33'.
Section 2: The encroachment permit is not detrimental to the public
health/welfare as the proposed project is designed to be located within the same general
location and dimensions as the original brick walls and pilaster that were constructed at
the time the lot was improved under the jurisdiction of Los Angeles County. The proposed
project will be located approximately 4.33' into the PROW, which is less than the existing
encroachment of 6.75'. The proposed walls and pilasters are designed to align with similar
improvements on neighboring properties to ensure adequate sight distance for motorists
existing adjacent driveways and pedestrians using the PROW. The new pilasters are
lower in height than the previously-existing pilasters. For these reasons, the Public Works
Director has determined that the encroachment does not pose a hazard to vehicular
traffic, pedestrians, or equestrians.
Section 3: The encroaching walls and pilasters cannot be reconfigured or
relocated due to practical difficulties as the driveway slope descends significantly from
the edge of pavement and the pilasters would need to be taller and structurally redesigned
in order to retain a taller section of the existing planter walls. Additionally, a smaller base
measuring less than 24"for the pilasters would require the Applicant to completely replace
the pilasters, which would be costly, or the stone veneer removed, which would result in
unsightly pilasters.
Section 4: The encroaching structure is consistent with the general intent of the
Municipal Code since the construction of decorative property line walls and pilasters is
common within the City. The walls and pilasters also provide protection to the residence
and garage located downslope of the street level, which is consistent with the purpose of
Rancho Palos Verdes Municipal Code Section 17.76.030 "...provide for the construction
of fences, walls and hedges as required for privacy and for protection against hazardous
conditions..."
Section 5: The encroaching structure will not significantly impair a protected
view due to the higher elevations of the viewing areas of the neighboring properties.
Section 6: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. Pursuant to Sections 17.02.040(C)(1)(g) and
17.72.100(B) of the Rancho Palos Verdes Municipal Code, any such appeal must be filed
with the City, in writing, setting forth the grounds of the appeal and any specific actions
requested by the appellant, and accompanied by the appropriate appeal fee, no later than
fifteen (15) days following July 23, 2019, the date of the Planning Commission's final
action.
P.C. Resolution No. 2019-19
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Section 7: Any challenge to this Resolution and the findings set forth therein,
must be filed within the 90 day statute of limitations set forth in Code of Civil Procedure
§1094.6 and Section 17.86.100(B) of the Rancho Palos Verdes Municipal Code.
Section 8: For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of proceedings, the Planning
Commission of the City of Rancho Palos Verdes hereby adopts P.C. Resolution No. 2019-
19, approving an encroachment permit to allow the construction of after-the-fact 1' tall
garden walls with 4' tall pilasters extending 4.33' into the public right-of-way, subject to
the Conditions of Approval contained in Exhibit "A", which are incorporated herein by
reference.
PASSED, APPROVED, AND ADOPTED this 23rd day of July 2019, by the following vote:
AYES: COMMISSIONERS NELSON, JAMES, SANTAROSA, SAADATNEJADI,
PERESTAM, AND VICE-CHAIRMAN LEON
NOES: NONE
ABSTENTIONS: NONE
ABSENT: CHAIRMAN BRADLEY
L„,
Gordon Leon
Vice-Chairman
dir0111110
. ian CP
Director of Community Development; and,
Secretary of the Planning Commission
P.C. Resolution No. 2019-19
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EXHIBIT "A"
CONDITIONS OF APPROVAL
ENCROACHMENT PERMIT
45 OCEANAIRE DRIVE
(CASE NO. PLEN2019-0001)
GENERAL CONDITIONS
1. Prior to the submittal of plans into Building and Safety plan check, the Applicant
and the property owner shall submit to the City a statement, in writing, that they
have read, understand, and agree to all conditions of approval contained in this
Exhibit "A". Failure to provide said written statement within ninety (90) days
following the date of this approval shall render this approval null and void.
2. The Applicant shall indemnify, protect, defend, and hold harmless, the City, and/or
any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof, from any and all claims, demands, lawsuits, writs of
mandamus, and other actions and proceedings (whether legal, equitable,
declaratory, administrative or adjudicatory in nature), and alternative dispute
resolutions procedures (including, but not limited to arbitrations, mediations, and
other such procedures) (collectively "Actions"), brought against the City, and/or
any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void,
or annul, the action of, or any permit or approval issued by, the City and/or any of
its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof (including actions approved by the voters of the City), for
or concerning the project.
3. Approval of this permit shall not be construed as a waiver of applicable and
appropriate zoning regulations, or any Federal, State, County and/or City laws and
regulations. Unless otherwise expressly specified, all other requirements of the
City of Rancho Palos Verdes Municipal Code shall apply.
4. Pursuant to Section 17.78.040, the Director of Community Development is
authorized to make minor modifications to the approved plans and any of the
conditions of approval if such modifications will achieve substantially the same
results as would strict compliance with the approved plans and conditions.
Substantial changes to the project shall be considered a revision and require
approval by the final body that approved the original project, which may require
new and separate environmental review and public notification.
5. The project development on the site shall conform to the specific standards
contained in these Conditions of Approval or, if not addressed herein, shall
conform to the residential development standards of the City's Municipal Code,
including but not limited to height, setback and lot coverage standards.
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6. Failure to comply with and adhere to all of these conditions of approval may be
cause to revoke the approval of the project pursuant to the revocation procedures
contained in Section 17.86.060 of the City's Municipal Code or administrative
citations as described in Section 1.16 of the City's Municipal Code.
7. If the Applicant has not submitted an application for a building permit for the
approved project or not commenced the approved project as described in Section
17.86.070 of the City's Municipal Code within one year of the final effective date of
this Resolution, approval of the project shall expire and be of no further effect
unless, prior to expiration, a written request for extension is filed with the
Community Development Department and approved by the Director.
8. In the event that any of these conditions conflict with the recommendations and/or
requirements of another permitting agency or City department, the stricter standard
shall apply.
9. Unless otherwise designated in these conditions, all construction shall be
completed in substantial conformance with the plans stamped APPROVED by the
City with the effective date of this Resolution.
10. This approval is only for the items described within these conditions and identified
on the stamped APPROVED plans and is not an approval of any existing illegal or
legal non-conforming structures on the property, unless the approval of such illegal
or legal non-conforming structure is specifically identified within these conditions
or on the stamped APPROVED plans.
11. The construction site and adjacent public and private properties and streets shall
be kept free of all loose materials resembling trash and debris in excess of that
material used for immediate construction purposes. Such excess material may
include, but not be limited to: the accumulation of debris, garbage, lumber, scrap
metal, concrete asphalt, piles of earth, salvage materials, abandoned or discarded
furniture, appliances or other household fixtures.
12. All construction sites shall be maintained in a secure, safe, neat and orderly
manner, to the satisfaction of the City's Building Official. All construction waste and
debris resulting from a construction, alteration or repair project shall be removed
on a weekly basis by the contractor or property owner. Existing or temporary
portable bathrooms shall be provided during construction. Portable bathrooms
shall be placed in a location that will minimize disturbance to the surrounding
property owners, to the satisfaction of the City's Building Official.
13. Permitted hours and days for construction activity are 7:00 a.m. to 6:00 p.m.,
Monday through Friday, 9:00 a.m. to 5:00 p.m. on Saturday, with no construction
activity permitted on Sundays or on the legal holidays specified in Section
17.96.920 of the Rancho Palos Verdes Development Code. During demolition,
construction and/or grading operations, trucks shall not park, queue and/or idle at
P.C. Resolution No. 2019-19
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the project site or in the adjoining street rights-of-way before 7:00 a.m. Monday
through Friday and before 9:00 a.m. on Saturday, in accordance with the permitted
hours of construction stated in this condition. When feasible to do so, the
construction contractor shall provide staging areas on-site to minimize off-site
transportation of heavy construction equipment. These areas shall be located to
maximize the distance between staging activities and neighboring properties,
subject to approval by the building official.
14. If construction projects that are accessible from a street right-of-way or an abutting
property and which remain in operation or expect to remain in operation for over
30 calendar days, the Applicant shall provide temporary construction fencing, as
defined in Section 17.56.050(C) of the Development Code. Unless required to
protect against a safety hazard, temporary construction fencing shall not be
erected sooner than 15 days prior to commencement of construction.
15. For all grading, landscaping and construction activities, the Applicant shall employ
effective dust control techniques, either through screening and/or watering.
16. The Director-approved Conditions of Approval for ZON2016-00343, ZON2017-
00056, ZON2017-00424, and PLRV2018-0003 shall remain in full force and effect.
ENCROACHMENT PERMIT
17. This approval shall allow the construction of after-the-fact 1' tall garden walls with
4' tall pilasters extending approximately 4.33' into the Oceanaire Drive portion of
the public right-of-way.
18. WITHIN 30 DAYS FROM THE DATE OF THIS APPROVAL OR PRIOR TO FINAL
INSPECTION, WHICHEVER OCCURS FIRST, the Applicant shall obtain an
encroachment permit from the Public Works Department.
19. WITHIN 30 DAYS FROM THE DATE OF THIS APPROVAL OR PRIOR TO FINAL
INSPECTION, WHICHEVER OCCURS FIRST, the owner shall submit to the City
an "Indemnification and Hold Harmless" agreement for recordation, to the
satisfaction of the City Attorney.
20. WITHIN 30 DAYS FROM THE DATE OF THIS APPROVAL OR PRIOR TO FINAL
INSPECTION, WHICHEVER OCCURS FIRST, the owner shall submit to the City
a Use Restriction Covenant for recordation, agreeing to remove the encroachment
within ten (10) days of notice given by the Director of Public Works, except in case
of an emergency where less notice may be required. The owner shall also
acknowledge that failure to remove the encroachment within the specified time will
result in removal of the structure by the City, and that the owner shall be billed by
the City for the costs of removal of the encroaching structure.
21. WITHIN 30 DAYS FROM THE DATE OF THIS APPROVAL OR PRIOR TO FINAL
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INSPECTION, WHICHEVER OCCURS FIRST, the owner shall obtain an
Encroachment Permit from the Public Works Department and, if applicable,
permits from the Building and Safety Division. The owner shall be responsible for
any fees associated with the issuance of said permit(s).
22. The encroachment shall be constructed and installed in accordance with the
approved plans, and the owner shall comply with all conditions and requirements
that are imposed on the project.
23. WITHIN 30 DAYS FROM THE DATE OF THIS APPROVAL OR PRIOR TO FINAL
INSPECTION, WHICHEVER OCCURS FIRST, the applicant shall submit to the
City a covenant, subject to the satisfaction of the City Attorney, which records
these requirements as conditions running with the land, and binding all future
owners of the property which is benefited by the encroachment (i.e., underlying
right-of-way, adjacent property, or common area owned by a homeowners
association, if any), until such time as the encroaching structure is removed from
the right-of-way.
24. The property owner shall assume all responsibility for the maintenance and
improvements for the new 1' tall garden walls and 4' tall pilasters installed within
the public right-of-way. Said improvements shall be maintained to the satisfaction
of the Director of Community Development and the Director of Public Works at all
times.
P.C. Resolution No. 2019-19
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