PC RES 1991-014P.C. RESOLUTION NO. 91-14
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES APPROVING VARIANCE NO. 290,
ENCROACHMENT PERMIT NO. 19, AND GRADING PERMIT NO. 1522
TO ALLOW CONSTRUCTION OF A 5 FOOT HIGH RETAINING WALL
WITHIN THE FRONT SETBACK IN AN EXTREME SLOPE AND FOR
CONSTRUCTION OF PILASTERS WITH LIGHTS WITHIN THE PUBLIC
RIGHT-OF-WAY AT PROPERTY LOCATED AT 4524 PALOS VERDES
DRIVE EAST.
WHEREAS, Mr. John Lewis has requested a Variance, Encroachment
Permit, and Grading Permit to allow construction of a 5 foot high
retaining wall within the front setback in an extreme slope and for
construction of pilasters with lights within the public right-of-way;
and
WHEREAS, after notice issued pursuant to the provisions of the
Rancho Palos Verdes Development Code a public hearing was held on April
9, 1991, 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: There are exceptional or extraordinary circumstances or
conditions applicable to the property which do not apply generally to
other properties in the same zoning district, in that there is a 44 to
48 foot wide public right-of-way adjacent to this property and because
the average slope of the property is 57 percent which prevents
compliance with Development Code standards with respect to wall height
within the front setback.
Section 2: That such a 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 the slope adjacent to the driveway has
eroded and partially impairs access to the property. Due to the
steepness of the terrain, construction of a 42 inch wall within the
front setback would not be sufficient to retain the slope.
Section 3: The granting of the 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 the
retaining wall will not be visible from the public right-of-way or
adjacent properties.
Section 4: The granting of the variance will not be contrary to
the objectives of the general plan or the policies and requirements of
the coastal specific plan because there is no change in land use
proposed and the property is not located within the coastal zone.
P.C. Resolution No. 91-14
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Section 5: The proposed encroachment of pilasters within the
public right-of-way will be in the best interest of the City because it
will provide a focal point for the property and improve identification
of the property for visitors.
Section 6: Because the pilasters will improve identification and
access to the property, and will be located behind the existing
sidewalk, they will not be detrimental to the public health and safety.
Section 7: For the foregoing reasons and based on the information
and findings included in the staff report and records of the
proceedings, the Planning Commission hereby approves the request for
approval of Variance No. 290, Encroachment Permit No. 19, and Grading
Permit No. 1522 to allow construction of a 5 foot high retaining wall
within the front setback in an extreme slope and for construction of
two pilasters within the public right-of-way subject to the conditions
of approval in Exhibit "A" which are necessary to protect the public
health, safety, and welfare.
PASSED, APPROVED, and ADOPTED this 9th day of 4f)ril) 1991.
Ort Bena , Director f
En i.ronmental Services a d
Secretary to the Commission
Peter Vn Hagen
Chairma
P.C. Resolution No. 91-14
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EXHIBIT "A"
CONDITIONS OF APPROVAL
Variance 290, Encroachment Permit 19, and Grading No. 1522
4524 Palos Verdes Drive East
1. Prior to issuance of building permits, the landowner shall submit
to the City a hold harmless agreement.
2. Prior to issuance of building permits, the landowner shall submit
to the City a Covenant to Maintain Property to Protect Views.
3. Prior to issuance of building permits, the landowner shall obtain
liability insurance of $1,000,000.00 naming the City as additional
insured, and provide a copy of said insurance policy annually.
4. The owner must agree to remove the encroachment within 10 days
upon written request by the City except in emergency situations
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.
5. Prior to issuance of building permits, the landowner shall record
the above conditions as a covenant running with the land to the
satisfaction of the City Attorney.
6. Prior to issuance of building permits, landowner shall obtain a
formal encroachment permit from the Department of Public Works.
7. The pilasters shall be no larger than 2 feet by 2 feet square.
8. Maximum height of the pilasters shall not exceed 42 inches.
Maximum combined height of pilasters and lights shall not exceed 5
feet 6 inches.
9. The pilasters shall be located behind (to the east of) the
existing AC walkway.
10. Illumination of the pilasters is limited to 100 watts per each
pilaster. The Director of Environmental Services shall review the
illumination of the pilasters within 30 days after completion and
may require the total wattage to be reduced if it is determined to
be excessive.
11. Maximum height of the new retaining wall adjacent to the driveway
shall not exceed 5 feet.
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12. Maximum quantity of cut and fill combined shall not exceed 11
cubic yards.
13. Within thirty (30) days of this approval, the landowner shall
submit, In writing, a statement that he has read and understands
all conditions of approval. Failure to provide such a statement
shall render this approval null and void.
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