PC RES 2000-020P.C. RESOLUTION NO. 2000-20
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING
ENCROACHMENT PERMIT NO 28 TO LEGALIZE THE
AFTER -THE -FACT SERIES OF PILASTERS WITHIN THE
PUBLIC RIGHT-OF-WAY, LOCATED AT 6304 VIA CIEGA.
WHEREAS, on June 1, 1999, Mr Edward Murphy submitted applications for
Encroachment Permit No 28 to legalize the after -the -fact series of pilasters (height
ranges from 46" to 57 5") that are located within the public, right-of-way adjacent to
6304 Via Ciega, and
WHEREAS, on July 19, 2000 the applications were deemed complete, and,
WHEREAS, pursuant to the provisions of the California Environmental Quality
Act, Public Resources Code Section 21000 et.seq ("CEQA"), the State's CEQA
Guidelines, and Government Code Section 659625(f) (Hazardous Waste and
Substances Statement), Staff found no evidence that Variance No 466 and
Grading Permit No 2173 would have significant effect on the environment and,
therefore the proposed project has been found to be categorically exempt (Class 1,
Section15301 ((e)(1)), and,
WHEREAS, after notices issued pursuant to the requirements of Rancho
Palos Verdes Development Code, the Planning Commission held a duly noticed
public hearing on September 14, 1999, at which time the Planning Commission
tabled the item, with the applicant's concurrence due to possible amendments to
the City Council Policy No 31 regarding encroachments in the public right-of-way;
and,
WHEREAS, on October 19, 1999, the City Council reviewed the first
amended draft of the encroachment permit policy However, due to the lateness of
the evening, the Council agreed to table the item for discussion at a future meeting,
and,
WHEREAS, on December 21, 1999, the City Council discussed potential
Council Workshop topics, and agreed to forward this; item to the Planning
Commission for review; and,
WHEREAS, on March 14, 2000, the Planning Commission considered the
proposed amendments, and forwarded the changes back to the City Council for
consideration, and,
WHEREAS, on April 18, 2000, the City Council approved the amended
encroachment policy and created a more streamlined Encroachment Permit
process, and,
WHEREAS, on June 18, 2000, the applications were deemed complete
pursuant to the new policy; and,
WHEREAS, after notices were issued pursuant to the requirements of
Rancho Palos Verdes Development Code, the Planning Commission held a duly
noticed public hearing on July 11, 2000, at which time all interested parties were
given the 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: Granting the five pilasters to encroach in the public right-of-way
would not be detrimental to the public health/safety since the pilasters do not alter or
encroach into the paved lanes, and the Director of Public Works determined that
there are no adverse impacts to the line of sight for motorists, bicyclists, or
pedestrians Also, due to the severely sloping nature of the lot, the only usable
outdoor recreational area on the property is the front yard area, and the pilasters will
serve as a protective barrier to the residents Further, Staff feels that the pilasters
do not pose a hazard to vehicular traffic since they serve as a partial protection
barrier to the residents from any on -coming traffic Therefore, the encroachment of
the pilasters would not be detrimental to the public health and safety, but rather a
protection barrier to the property owners
Section 2: The encroaching structure cannot be reconfigured or relocated
since the relocation would limit the usable outdoor space, thereby limiting the use for
outdoor recreation Also, the encroachment cannot be accommodated on the
applicant's lot without creating practical difficulties and unnecessary hardship for the
applicant. The relocation would impose a financial hardship on the applicant without
any correlative benefit to the public since there are no significant impacts caused by
the current location of the pilasters
Section 3: The encroaching structure is not inconsistent with the general
intent of the Development Code since a fence, wall, and/or hedge is permitted within
the front yard area Also, the visual appearance of the pilasters and landscaping are
consistent with the front yard aesthetics envisioned by the Development Code's
regulations and restrictions
P C Resolution No 2000-20
Page 2 of 4
Section 4: No illuminating elements are proposed Therefore, there will be
no direct or indirect illumination to the public
Section 5: The encroaching pilasters do not significantly impair a protected
view since the neighbor's view of the harbor is primarily to the east, and will not be
impacted by the pilasters which are to the west. Further, the property owners across
the street on Via Ciega do not enjoy a view in the direction of the subject property.
Therefore, the pilasters would not significantly impair any protected views from
adjacent properties.
Section 7: Any interested person may appeal this decision or any portion of
this decision to the City Council. Pursuant to Section 17 02 040 (C)(1)(j) of the
Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City,
in writing, and with the appropriate appeal fee, no later than fifteen (15) days,
following the date of the Planning Commission's final action.
Section 8: For the foregoing reasons and based on the information and
findings included in the Staff Report, Minutes and other record of proceeding, the
Planning Commission of the City of Rancho Palos Verdes hereby approves
Encroachment Permit No 28, thereby approving the after -the -fact series of pilasters
within the public right-of-way, subject to the conditions contained in Exhibit "A",
attached hereto and made a part hereof, which are necessary to protect the public
health, safety and welfare in the area
P C. Resolution No. 2000-20
Page 3 of 4
PASSED, APPROVED, AND ADOPTED this 11th day of July 2000, by the
following vote:
AYES: Cartwright, Long, Lyon, Paulson, and Vannorsdal.1
NOES: Mueller
ABSENTATIONS:
ABSENT: Clark
r -
J o f I R oj ap, A I C P
Dirkcto )
�Af Planning, Bu 9
and Go -de Enforcement, and
Secretary to the Planning Commission
Frank Lyonl�"
Chairman
P C Resolution No. 2000- 20
Page 4 of 4
EXHIBIT "A"
CONDITIONS OF APPROVAL
ENCROACHMENT PERMIT NO. 28
GENERAL
1 The applicant shall submit to the City a statement, that they have read,
understand and agree to all the conditions of approval contained herein
Failure to provide said written statement within ninety (90) days of approval
shall render this approval null and void
2 The Director of Planning, Building and Code Enforcement is authorized to
make minor modifications to the approved preliminary plans or any of the
conditions if such modifications shall achieve substantially the same results
as would strict compliance with said plans and conditions
3 The abandonment or non-use of this approval after a period of one (1) year
shall terminate the approval and any privileges granted hereunder shall
become null and void
4 The project shall substantially conform to the stamped approved plans dated
the effective date of this approval
ENCROACHMENT PERMIT
5 The owner shall submit to the City an "Indemnification and Hold Harmless"
agreement for recordation, to the satisfaction of the City Attorney
6 The owner 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 emergency
where less notice may be required The owner 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 owner shall be billed
by the City for the costs of removal of the encroaching structure
7 Within 90 days from approval, the property owner shall obtain an
Encroachment Permit for the pilasters from the Department of Public
Works The owner shall be responsible for any fees associated with the
issuance of said permit.
Resolution No. 2000-20
Exhibit "A"
July 11, 2000
Page 2
8 The encroachment shall be constructed and installed in accordance with
the approved plans, and the owner shall comply with all conditions and
requirements that are imposed on the project.
9 Within 90 days of approval, 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 benefit by the encroachment until
such time as the encroaching structure is removed from the right-of-way
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 If the water line within the right-of-way area serving 6301 Via Ciega
located adjacent the pilasters needs to be serviced or replaced, the
permittee, at his own expense shall alter the pilasters, as necessary, in
order to allow for safe access to accomplish the repair work.
12 Only five (5) pilasters are permitted with this approval, as the mailbox is
permitted "by right"
13 The pilasters shall not exceed the height of 46" to 57 5"
14 No fences or walls to connect the pilasters or any other structures in the
right-of-way are permitted, unless an amendment to this permit is
approved by the Planning Commission
15 No illuminating elements or light fixtures are permitted to be placed on the
pilasters
16 The granting of this Encroachment Permit does not restrict the use of the
public right-of-way by the public in any manner