PC RES 1997-021P.C. RESOLUTION NO. 97 - 21
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING
ENCROACHMENT PERMIT NO. 21 TO ALLOW
BEAUTIFICATION IMPROVEMENTS TO WALLS AND
FENCES TO ENCROACH INTO THE CITY RIGHT-OF-WAY
ON PALOS VERDES DRIVE EAST ADJACENT TO 9 AND 10
ROCKINGHORSE ROAD.
WHEREAS, on March 13,1997, the applicants, Rockinghorse Property Owners
Association and the Rockinghorse Community Association, submitted Encroachment
Permit No 21 to the Department of Planning, Building, and Code Enforcement to allow
beautification improvements to walls and fences to encroach into the public right-of-way
on Palos Verdes Drive East adjacent to 9 & 10 Rockinghorse Road; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 2100 et. seq. ("CEQA"), the State's CEQA guidelines,
California Code of Regulation, Title 14, Section 15000 et. seq., the City's Local CEQA
Guidelines, and Government Code Section 65952.5(f) (Hazardous Waste and Substances
Statement), there was no evidence that Encroachment Permit No 21 would have a
significant effect on the environment. Accordingly, the proposed project has been found
to be categorically exempt (Class 1), and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos
Verdes Development Code, a public hearing was held on April 22, 1996, before the
Planning Commission of the City of Rancho Palos Verdes, 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 encroachment is in the best interest of the City since decorative
entrance walls accent the visual character of the roadway, improving the aesthetic quality
of the neighborhood Allowing the encroachment will improve this visual element of the
roadway thereby benefitting all residents and visitors who use Palos Verdes Drive East.
Section 2: That the encroachment is not detrimental to the public health and safety
since the City's Traffic Engineer Consultant concluded that the proposed fencing will not
further impair the existing condition of traffic intersection visibility Further the
encroachment will assist the City in providing future street vegetation removal for traffic
P.C. Resolution No. 97 - 21
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visibility by establish a "trim line" for the shrubs and trees that now grow within the public
right-of-way, improving public safety along the roadway
Section 3. That there is no alternative location on private property to accommodate
the proposed improvements without encroaching into the public right-of-way since the
existing entrance walls are already within the public right-of-way Constructing the wall
improvements and new fencing outside of the public right-of-way would not serve the
applicant's intent to improve the aesthetic entrance into the neighborhood. Therefore,
there is no alternative location on private property that will meet the intent and purpose of
constructing the entrance wall improvements and new fencing other than in the public
right-of-way
Section 4. That the encroachment has been designed in the safest manner
possible since the wall improvements and fencing the applicant is proposing to install will
not negatively impact driver visibility at the intersection. The 6 foot high wrought iron
fencing behind the entrance wall will be constructed with vertical poles that allow
automobile drivers to see through the fence towards Palos Verdes Drive East and the 3 -
rail fencing along Palos Verdes Drive East will not exceed 42 inches in height above the
existing road grade, thus allowing driver visibility over the top of the fencing.
Section 5. 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 approves Encroachment Permit
No 21 to allow beautification improvements to walls and fences which encroach into the
public right-of-way on Palos Verdes Drive East, adjacent to 9 & 10 Rockinghorse Road
and the City R.O W subject to the Conditions of Approval contained in the attached
Exhibit "A", which are necessary to protect and preserve the public health safety and
welfare
P.C. Resolution No. 97 - 21
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PASSED, APPROVED, and ADOPTED this 22nd day of April 1997 by the following vote
AYES ALBERIO, CLARK, NG, SLAYDEN, WHITENECK, VANNORSDALL
NOES'
ABSTENTIONS'
ABSENT CARTWRIGHT
Carolynn P ru, Director of Planning,
Building,and Code Enforcement, and,
Secretary to the Planning Commission
Donald E Vannorsdall
Chairman
P.C. Resolution No. 97 - 21
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Exhibit "N'
Conditions of Approval
Encroachment Permit No. 21
9 & 10 Rockinghorse Road and
the City R.O.W. along Palos Verdes Drive East.
The wrought iron fencing located behind the existing entrance wall shall not exceed
a maximum 60" in height as measured from the grade adjacent to the wall to the
top
2. The height of the 3 -rail fencing shall not exceed a maximum height of 42",
measured from the existing street grade of Palos Verdes Drive East, within the
intersection visibility triangle and the street site setbacks of the lots at 9 & 10
Rockinghorse Road.
3 The 3 -rail fencing shall not extend closer than 14'4", measured from the white line
on Palos Verdes Drive East in the City R O W on the lot at 9 Rockinghorse Road
The 3 -rail fencing shall not extend closer than 14'6", measured from the white line
on Palos Verdes Drive East in the City R O W on the lot at 10 Rockinghorse Road.
4. The completed wrought iron fencing and 3 -rail fencing shall substantially conform
to plans submitted to the Planning, Building and Code Enforcement Department on
March 17, 1997.
5 Prior to construction of the fence and wall improvements, the applicant shall submit
to the City a "Hold Harmless" agreement for recordation, subject to the satisfaction
of the City Attorney
6 Prior to construction of the fence and entrance wall improvements, the applicant
shall submit to the City a Use Restriction Covenant for recordation, agreeing to
remove the encroachment within ten (10) days of notice given by the Director of
Public Works, except in case of an emergency where less notice may be required
The applicant shall also acknowledge that failure to remove the encroachment
within the specified time will result in removal of the structure by the City, and that
the applicant shall be billed by the City for the costs of removal to the encroaching
structure
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7. Prior to construction of the fence and entrance wall improvements, the applicant
shall submit to the City a Covenant, subject to the satisfaction of the City Attorney,
which records these requirements as conditions running with the land, and binding
all future owners of the property which is benefitted by the encroachment, (i e,
underlying right-of-way, adjacent property, or common area owned by a
homeowners association, if any), until such times as the encroaching structure is
removed from the right-of-way.
8 Prior to construction of the fence and entrance wall improvements, the applicant
shall obtain a minimum of one million (1,000,000) dollars liability insurance, naming
the City as an additional insured, subject to review and acceptance by the City
Attorney. The insurance shall be required during the construction period only
9 Prior to construction of the fence and entrance wall improvements, the applicant
shall obtain an Encroachment Permit from the Department of Public Works All fees
associated with this permit shall be waived.
10 The applicant shall comply with all recommendations and requirements, if any,
required by the City's Planning Commission, Traffic Committee, or Traffic Engineer.
11 In the event that a Planning Division requirement and a Building and Safety
requirement are in conflict with one another the stricter standard shall apply.
12 The construction site shall be kept free of all loose materials resembling trash and
debris in excess of that material used for immediate construction purposes. Such
excess material may include, but is not limited to. the accumulation of debris,
garbage lumber, scrap metal, concrete asphalt, piles of earth, salvaged materials,
abandoned or discarded furniture, appliances or other household fixtures
(N group/planning/stafrrepts/pc/var413 res)
P.C. Resolution No. 97 - 21
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