PC RES 1994-031P.C. RESOLUTION NO. 94-31
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING
ENCROACHMENT PERMIT NO. 23# THEREBY ALLOWING A
FORTY-TWO INCH (4201) HIGH FREE-STANDING WALL
AND A PORTION OF A DRIVEWAY GATE AND PILASTER
TO BE LOCATED WITHIN THE PUBLIC RIGHT-OF-WAY
AT 3324 CROWNVIEW DRIVE
WHEREAS, the applicant, Mr. Trent Hofferber, representing the
property owners, Mr. and Mrs. Charles Hof f erber, has requested
Encroachment Permit No. 23, to place a forty-two inch (4211)
freestanding wall and portion of a 61-011 high driveway gate and
pilaster within the City's right-of-way; and,
WHEREAS, pursuant to the provisions of the California
Environmental Quality Act, (CEQA) and local CEQA guidelines, the
proposed project has been found to be categorically exempt (Class
III & V); and,
WHEREAS, after notice issued pursuant to the provisions of the
Rancho Palos Verdes Development Code, a duly noticed public hearing
was held on June 14, 1994 and July 12, 1994, 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, as modified, the. encroachment is in the
best interest of the City since the forty-two inch (4211) high wall,
driveway gate and pilaster will act as a physical barrier to
prevent passersby from falling or driving down the extreme slope
which makes up the front yard area of the lot.
Section 2: That the encroachment will not be detrimental to
public's health and welfare since the wall would not interfere with
traffic flow or intersection visibility along the street.
Section 3: The Encroachment Permit is necessary since there
is no other feasible location for the subject portion of the
proposed fence due to the transitional slope that exists between
the front of the property at Crownview Drive and the pad on which
the residence is situated (and where the pool is proposed to be
located).
Section 4:. That the wall will be designed in the safest
manner possible; the wall is freestanding in nature, therefore, no
structural engineering review is necessary.
Section S:. The time within which judicial review of the
decision reflected in this Resolution, if available, must be sought
is governed by Section 1094.6 of the California Code of Civil
Procedure.
Section 6: 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
Encroachment Permit No. 23 for the encroachment of a forty-two inch
(4211) high freestanding wall running parallel to the front property
line and a portion of the driveway gate and pilaster that will be
reduced in height from seventy-two inches (7211) to forty-two inches
(4211) at 3324 Crownview Drive, subject to the conditions contained
in Exhibit "A", attached hereto and made a part hereof, which are
necessary to preserve the public health, safety, and general
welfare in the area.
PASSED, APPROVED, AND ADOPTED this 12th day of July 1994.
Gilbert Alberio,
Chairman
Bret Br )6rnard AICP
Directr of P K nning, Building and Code
Enforcement and Secretary to the Planning
Commission
P.C. Resolution No. 94-31
Page 2 of 4
EXHIBIT "All
CONDITIONS OF APPROVAL
FOR ENCROACHMENT PERMIT NO. 23
(3324 CROWNVIEW DRIVE)
The property owner shall obtain a formal Encroachment
Permit from the Public Works Department.
2) Prior to the issuance of an Encroachment Permit from the
Public Works Department, the property owner shall provide
a notarized hold -harmless agreement to the Planning,
Building & Code Enforcement Department.
3) The property owner shall agree, in writing, to remove the
encroachment at the direction of the Public Works Director
on ten (10) days notice except in emergency situations
where removal maybe required on shorter notice. If the
owner fails to remove the encroachment within the
specified time, the City will do the work and the property
owner will be billed.
4) The property owner must obtain liability insurance
(500,000-$1,000,000), naming the City as additionally
insured, and provide a copy of said insurance policy to
the Director of Public Works on an annual basis.
5) The property owner must record the above conditions as
conditions running with the land to the satisfaction of
the City Attorney.
6) All portions of the encroachment into the public right-of-
way shall not exceed 4211 in height.
7) No light fixtures shall be permitted on the wall/fence.
8) The maximum encroachment of the wall/fence into the public
right-of-way shall not exceed 31-011, as measured from the
front property line (as measured from the plans date
stamped as received on January 31, 1994).
9) The landowner shall provide the City with revised plans of
the reduced height driveway gate and pilaster for review
and approval by the Director of Planning, Building & Code
Enforcement within 30 days of the City's approval becoming
final. The encroachment shall be modified in accordance
with the approved plans.
P.C. Resolution No. 94-31
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10) Within 30 days of this approval, the property owner shall
submit, in writing, a statement that they have read and
agree to comply with all of the conditions of approval set
forth in this Exhibit "A". Failure to provide such a
statement shall render this approval null and void.
dskI0/ep23re
P.C. Resolution No. 94-31
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