PC RES 2008-006 P.C. RESOLUTION NO. 2008-06
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PAL OS VES DENYING WITHOUT
PREJUDICE AN ENCROACHMENT PERMIT (PLANNING
CASE NO. ZON2007-00591) FOR A 36-TO 42-INCH-TALL,
14.25-FOOT-LONG GARDEN WALL IN THE PUBLIC RIGHT-
OF-WAY ABUTTING 2726 SAN RAMON DRIVE
WHEREAS, on April 18, 2000,the City Council adopted the most recent revisions to
City Council Policy No. 31, which establishes procedures for the review of various
encroachments to the City's public rights-of-way; and,
WHEREAS, on August 27, 2007, the applicant, Joseph Dorian, obtained Planning
"approval" of a 36-to 42-inch-tall, 14.25-foot-long garden wall purportedly within the front
yard setback area of his property, although it was later determined on August 30, 2007,
that the wall would actually be located within the public right-of-way, and the Planning
"approval' was summarily revoked; and,
WHEREAS, on December 4, 2007,the City received a complaint that the applicant
was preparing to construct a wall within the public right-of-way abutting his property at 2726
San Ramon Drive, and a "stop work" order was issued; and,
WHEREAS, on December 5,2007,the applicant submitted an encroachment permit
application (Planning Case No. ZON2007-00591)to the Department of Planning, Building
and Code Enforcement, requesting approval of a 36-to 42-inch tall, 14.25-foot-long garden
wall within the public right-of-way abutting his property at 2726 San Ramon Drive; and,
WHEREAS, the application for Planning Case No. ZON2007-00591 was deemed
complete for processing on January 4, 2008; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 21000 et. seq. ("CEQA"), the State's CEQA Guidelines,
California Code of Regulations, Title 14, Section 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 denial of the requested encroachment permit
would have a significant effect on the environment and,therefore,the proposed project has
been found to be statutorily exempt (Section 15270); and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos
Verdes Development Code and City Council Policy No. 31,the Planning Commission held
a duly-noticed public hearing on January 22, 2008, at which time all interested parties were
given an opportunity to be heard and present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND,
DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The Planning Commission makes the following findings of fact with
respect to the application for an encroachment permit for a 36-to 42-inch-tall, 14.25-foot-
long garden wall within the public right-of-way abutting 2726 San Ramon Drive:
A. The encroachment is detrimental to the public health and safety, and the Director of
Public Works has made a written determination that the encroachment poses a
hazard to pedestrians; and further that other requirements for issuance of a Public
Works Department encroachment permit cannot be met. The Director of Public
Works concludes that the proposed 31-inch width of the sidewalk between the curb
and the end of the proposed wall "is substandard, unsafe and not in compliance
with ADA ["Americans with Disabilities Act"] requirements." The Director of Public
Works suggests that, at a minimum, the proposed wall should provide at least
seven feet (7'-0") of horizontal clearance from the curb "to provide space for
pedestrians, [persons] with disabilities and [public] utilities."
B. The encroaching structure can be reconfigured or relocated to adhere to the criteria
set forth for a Planning Director-level review without imposing practical difficulties or
unnecessary hardship upon the applicant. The applicant desires to extend the wall
to the same distance from the curb as the existing wall along the frontage of his
property (i.e., roughly thirty-one inches [31"]). The applicant's stated purpose in
proposing this wall is "[to] discourage future encroachments and unauthorized
parking on our property." As an alternative to the applicant's proposal, which would
encroach nearly twelve feet three inches (12'-3") into the public right-of-way, the
length of the wall could be shortened so as to extend no more than six feet (6'-0")
into the public right-of-way, which would be consistent with the criteria for Planning
Director-level review. Under this scenario, the furthest extent of the wall would be
nearly nine feet (9'-0") back from the curb. The Director of Public Works has
suggested that any structure within the public right-of-way should be located no less
than seven feet (7'-0") back from the curb. Therefore, the Planning Commission
finds that a wall that encroaches less into the public right-of-way would provide a
reasonable compromise between the applicant's desires and the Public Works
Department's requirements.
Section 2: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. Pursuant to Section 17.80.070 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
January 22, 2008, the date of the Planning Commission's final action.
Section 3: 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 denies without prejudice an
P.C. Resolution No. 2008-06
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encroachment permit(Planning Case No. ZON2007-00591)for a 36-to 42-inch-tall, 14.25-
foot-long garden wall in the public right-of-way abutting 2726 San Ramon Drive.
PASSED, APPROVED, AND ADOPTED this22 nd day of January 2008, by the
following vote:
AYES: Commissioners Knight, Lewis, Ruttenberg, Tetreault and Tomblin,
Vice Chairman Perestam and Chairman Gerstner
NOES: none
ABSTENTIONS: none
ABSENT: none
RECUSALS: none
Bill Gerstner
Chairman
Joe o as, Alc
nH� I
PI
teto of I ni Building
C) Vg
an de En ement; and,
Secretary to the Planning Commission
M:\Projects\ZON2007-00591 (Dorian,2726 San Ramon Dr)\20080122—Reso—PC.doc
P.C. Resolution No. 2008-06
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