PC RES 1986-002 RESOLUTION P.C. No. 86-2
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES APPROVING VARIANCE NO. 111, GRADING
APPLICATION NO. 759, AND AN ENCROACHMENT PERMIT.
WHEREAS, Mr. and Mrs. Robert Kerwin have applied for a Grading
application, Variance and Encroachment Permit for the construction of a single
family residence on a lot located at 30520 Palos Verdes Drive East (a portion of
lot #137 Tract 20802 Parcel 2) which would exceed the maximum 30 foot overall height
limit, resulting in a 45'3" structure, have a reduced front setback, and have
portions of a driveway and associated walls encroaching into a City held road easement;
and
WHEREAS, after notice issued pursuant to the provisions of the Rancho
Palos Verdes Development Code, a public hearing was held on December 10, 1985 at
which time all interested parties were given an opportunity to be heard and present
evidence.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: That there are exceptional or extraordinary circumstances
or conditions applicable to the property involved, or the intended use of the
property, which do not apply generally to other property in the same zoning
district; in that the subject lot has deep fill areas, a ravine causing portions
of the lot to be inaccessible, and slopes exceeding 35 percent.
Section 2: That such Variance is necessary for the preservation and
enjoyment of a substantial property right of the applicant, which right is possessed
by other property owners under like conditions in the same zoning district; in that
as a legal lot, the owners have the right to construct a single family residence,
if geologically feasible on the subject property.
Section 3: That the granting of such a Variance will not be materially
detrimental to the public welfare or injurious to property and improvements in the
area in which the property is located; in that no significant view obstruction would
result from the additional downward height, and all geological issues shall be
addressed to the satisfaction of the City Geologist.
Section 4: That the granting of such a Variance will not be contrary to
the objectives of the General Plan; in that the property owner has a right to construct
a single family residence on a lot legally created prior to incorporation of the City,
if proven geologically feasible.
Section 5: For the foregoing reasons, the Planning Commission of the
City of Rancho Palos Verdes hereby approves Variance No. 111, Grading No. 759
and an Encroachment Permit subject to the conditions contained in Exhibit "A"
attached hereto.
APPROVED and ADOPTED on January 14, 1986.deAf.- Rid ./:i/i(L/t;90 %
.4Or'
I
Pete, Karl Von Hagen /
Chairman
Sharon W. Hight -r
Director of Environmental Services and
Secretary to the Commission
EXHIBIT "A"
Variance No. 111, Grading No. 759 and an Encroachment Permit are approved subject
to the following conditions:
(1 ) The applicant shall submit a detailed geological report to the Building and
Safety Division for review by the City Geologist. All geological issues
shall be addressed to the satisfaction of the City Geologist.
(2) All recommendations of the City and consulting Geologist shall be incorporated
into final structural plans prior to issuance of any permits.
(3) The approval of Variance No. 111 shall expire one (1) year from the date of
adoption, unless an extension is granted by the Planning Commission prior to
expiration.
(4) The applicants shall upgrade the existing 12" CMP drain to an 18 inch line
with RCP in City easement and under structures. City shall accept maintenance
responsibility for that portion of the drain within the road easement.
(5) The applicants shall install a new 12" CMP to handle run off on the east side
of the property.
(6) The applicants shall install curb gutter and pavement to accomodate a 42 inch
bike lane along the property frontage.
(7) A vehicle barrier shall be installed to replace the guardrail being removed.
This barrier can be integral with the bridge structure if a design is pre-
sented to and accepted by the Director of Public Works.
(8) A cash payment of $80.00 shall be made to the City to cover the cost of two
bikepath signs to be installed when needed.
(9) Encroachment approvals are subject to the following conditions:
(a) The owner must provide a recorded hold-harmless agreement.
(b) The owner must agree to remove the encroachment at the direction of
the Public Works Director on 10 days notice except in emergency situation
where removal may be required on shorter notice. If the owner fails to
remove the encroachment within the specified time, the City will do the
work and the owner will be billed.
(c) The owner must obtain liability insurance ($500,000 - $1,000,000), naming
the City as additional insured, and provide a copy of said insurance
policy annually.
(d) The owner must record conditions a, b and c as conditions running with
the land to the satisfaction of the City Attorney. The owner must obtain
a formal encroachment permit from the Public Works Department.
(e) The encroachments shall be constructed and installed in accordance
with approved plans.
Exhibit "A", Resolution P.C. No. 86-2
January 14, 1986
Page - 2 -
Conditions - continued:
(10) The approved house shall have a maximum ridgeline of 908.5 feet, with
a maximum downslope height of 45' 3".
(11) The minimum front setback for the subject house shall be 20 feet.
(12) The applicants shall install an automatic garage door opener and
roll-up type garage doors.
(13) Revised plans reflecting staff and/or Planning Commission recommended
changes (3.5' retaining walls, deletion of archway in setback, etc. )
shall be submitted for review and approval by staff prior to submittal
for Building and Safety plan check.
(14) The proposed residence shall have the following minimum setbacks:
Front - 20' measured from road easement line.
Rear - 15' measured from property line.
Sides - 5' measured from property line.
(15) Tree heights shall not exceed the ridge height of the proposed house
(heights of trees to step with ridgeline).
(16) There shall be no storage of equipment or materials in the improved
public right-of-way during construction of the subject house, unless
permitted by the Director of Public Works. In addition, there shall
be no construction activity on the project involving the movement
of heavy equipment in the public right-of-way or the delivery of
materials to the project before 8:00 A.M.