PC RES 1994-026P.C. RESOLUTION NO. 94 - 26-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES DENYING
ENCROACHMENT PERMIT NO. 24, THEREBY DENYING AN
EXISTING 6'-0" HIGH FREESTANDING FENCE, TWO
ENTRY GATES AND A DRIVEWAY GATE LOCATED WITHIN
THE PUBLIC RIGHT-OF-WAY AT 30063 CARTIER DRIVE
WHEREAS, on April 13, 1994, the applicants, Dr. and Mrs.
Habbal, requested an Encroachment Permit to allow an existing 6'-01"
high wrought iron fence with pilasters, two entry gates and
electronic driveway gate to encroach 61- 0" into the City's right-
of-way on Cartier Drive; and,
WHEREAS, pursuant to the provision of the California
Environmental Quality Act, (CEQA) and the City's local CEQA
guidelines, the proposed project has been found to be categorically
exempt (Class III); and,
WHEREAS, a hearing was held on June 14, 1994, before the
Planning Commission, 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 the granting of the Encroachment Permit would
not be in the best interest of the City since the fence and
driveway gate will be closer to the street than those fences of the
surrounding properties and therefore, would not be compatible with
the surrounding area.
Section 2: The Encroachment Permit is not necessary since
there are other feasible alternative locations for the proposed
fence between the front property line and the pad on which the
residence is situated.
Section 3: That the granting of the Encroachment Permit for
a wrought iron fence to maximum of 61- 01" in height within the
public right-of-way exceeds the maximum height of 42 inches
adjacent to a front property line allowed by the City Council's
adopted Encroachment Policy.
Section 4:. For the foregoing reasons and based on the
information and findings included in the Staff Report, and records
of proceedings, the Planning Commission of the City of Rancho Palos
Verdes hereby Denies Encroachment Permit No. 24 for the existing
61- 011 high freestanding fence, two entry gates and an electronic
driveway gate which are located six (6) feet within the public
right-of-way at the property located at 30063 Cartier Drive. The
landowner shall remove the fence and gates from the public right-
of-way within 60 days of the City's decision becoming final.
PASSED, APPROVED, and ADOPTED this 28th day of June 1994.
Gilbert Alberio,
Chairman
Bret B#nardj, AICP
Directr of Planning, Building,
and Code Enforcement; and,
Secretary to the Planning commission
(I)SK #10 LXKI EP24 RES)
P.C. Resolution No. 94-26
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