PC RES 2007-019 P.C. RESOLUTION NO. 2007-19
RESOLUTION THE PLANNING COMMISSION E THE CITY OF
RANCHO PALOS VERDEVERDES RECOMMENDINGCITY COUNCIL
APPROVAL OFAMENDMENT . 3 TO TRACT MAP NO. 31617 (CASE
SUB2006-00020) TO PERMIT A WIDEROF MINOR
ACCESSORY T CT R TSI THE UIL I / A I
RESTRICTION (BGR) LINE ON LOTS 42 THROUGH 46, INCLUSIVE
WHEREAS, on April 5, 1977, the Rancho Palos Verdes City Council adopted
Resolution No. 77-22, thereby approving Tract Map No. 31617 and establishing a
Building/Grading Restriction (BGR)line in the rear yards of seventy-three(73)of the eighty
(80) single-family residential lots for grading, drainage and visual purposes; and,
WHEREAS, on September 21, 1993, the Rancho Palos Verdes City Council
adopted Resolution No. 93-86, thereby approving Amendment No. 1 to Tract Map
No. 31617 to revise Condition No. 4.d of Resolution No. 77-22 to allow and establish
requirements for at-grade uses outside the BGR line of all such affected lots in the tract;
and,
WHEREAS, on June 2, 2006, the City's Code Enforcement Division received a
complaint about a non-permitted gazebo outside the BGR line of Lot 44 of Tract Map
No. 31617, which property is more commonly known as 6024 Ocean Terrace Drive; and,
WHEREAS, on August 8, 2006, the Rancho Palos Verdes Planning Commission
adopted P.C. Resolution No. 2006-39,thereby affirming a determination by the Director of
Planning, Building and Code Enforcement that clarified the allowable limits of grading
permitted within and outside of the BGR line pursuant to Section 5 and Condition No. 2 of
Resolution No. 93-86 for such affected lots in Tract Map No. 31617; and,
WHEREAS, on November 28, 2006, the applicant and owner of 6024 Ocean
Terrace Drive, John Muckel, submitted an application for Amendment No. 3 to Tract Map
No. 31617 (Case No. SUB2006-00020)to modify Condition No.4 of Resolution No. 93-86
to allow structures taller than thirty inches (30") in height outside the BGR line of Lots 42
through 46, inclusive; and,
WHEREAS, on February 9, 2007, the application was deemed complete for
processing by Staff; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 21000 et. seq. ("CEQA"), the State's CEQA Guidelines,
California Code of Regulations, Title 14, Section 15000 et. seq., the City's Local CEQA
Guidelines, and Government Code Section 65962.5(f)(Hazardous Waste and Substances
Statement), Staff found no evidence that the approval of the requested tract map
amendment would have a significant effect on the environment and, therefore, the
proposed project has been found to be categorically exempt (Section 15305); and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos
Verdes Development Code, the Planning Commission held a duly noticed public hearing
on March 27, 2007, 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 14 The Planning Commission makes the following findings of fact with
respect to the request for Amendment No. 3 to Tract Map No. 31617 to permit a wider
range of minor accessory structures outside the Building/Grading Restriction (BGR)line on
Lots 42 through 46, inclusive:
A. Section 16.28.010(G) of the Rancho Palos Verdes Development Code permits a
final tract map to be amended by a certificate of correction if"there are changes in
circumstances which make any of the conditions of the map no longer appropriate
or necessary and which modifications do not impose any additional burden on the
present fee owner of the property, and which modifications do not alter any right,
title or interest in the real property reflected on the recorded map." The BGR line
was established with the intent of maintaining the pre-construction ridgelines,
controlling drainage into existing natural drainage courses, and providing view
corridors. In the case of these five (5) lots, however, their rear yards—and,
accordingly, the areas outside of the BGR line—back up to one another, not to
abutting open areas to the north and south of the tract. As such, the areas outside
the BGR lines on theses five (5) lots do not appear to fulfill the goals of maintaining
ridgelines, controlling drainage or providing view corridors. Therefore, allowing
minor, non-habitable accessory structures outside the BGR line of these five(5)lots
would not be contrary to the original intent of the BGR line for Tract Map No. 31617.
Section 2: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. Pursuant to Section 16.12.020(E) of the
Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in
writing, setting forth the grounds of the appeal and any specific actions requested by the
appellant, and accompanied by the appropriate appeal fee, no later than fifteen (15)days
following March 27, 2007, the date of the Planning Commission's final action.
Section 3: For the foregoing reasons and based on information and findings
contained in the Staff Reports, minutes, and records of the proceedings, the Planning
Commission hereby recommends City Council approval of Amendment No. 3 to Tract Map
No. 31617 (Case No. SUB2006-00020) to permit a wider range of minor accessory
structures outside the Build ing/Grading Restriction (BGR) line on Lots 42 through 46,
inclusive, subject to the revised conditions of approval contained in the attached Exhibit'B'
of Resolution No. 77-22, attached hereto and made a part hereof, which are necessary to
protect the public health, safety, and welfare.
P.C. Resolution No. 2007-19
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PASSED, APPROVED, AND ADOPTED this 27th day of March 2007, by the
following vote:
AYES: Commissioners Karp, Knight, Ruttenberg and Tetreault, Vice-
Chairman Perestam. and Chairman Gerstner
NOES: none
ABSTENTIONS: none
ABSENT: Commissioner Lewis
Bill Gerstner
Chairman
Joel ROS S, AICP
Direfor Plan in Building
.c rr
m
and "e Enford ent; and,
Secretary to the Planning Commission
P.C. Resolution No. 2007-19
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RESOLUTION 77-22
I- I IT° L
IR
EXHIBIT 'B'
TRACT MAP NO. 31617 —AMENDMENT NO.
(CASE o 006-00020)
1. With the exception of drainage structures, landscaping,fencing, and at-grade patio
slabs, any accessory or other minor structures proposed outside the BGR line,shall
require a topographic survey, prepared by a registered Civil Engineer, and a Site
Plan Review application, which shall be reviewed by the Director of Planning,
Building and Code Enforcement.
2. No grading, excavation , or construction shall be allowed on an existing slope which
is greater than 10% steepness.
3. The grading allowed for pools and/or in-ground spas shall be excavation only, with
no associated retaining walls, unless a retaining wall, not exceeding three feet in
height, is approved by the Planning Commission.
4. With the exception of Lots 42 through 46, inclusive, any structure which encroaches
outside the established BGR line shall not exceed 30" in height, as measured from
adjacent, existing grade. On Lots 42 through 46, inclusive,one minor non-habitable
accessory structure not exceeding 12' in height and 120 square feet in area may
encroach outside the BGR line on each lot, subject to compliance with all other
development standards for the lot.
5. No habitable space shall be allowed outside the BGR line.
6. No decks shall be allowed to cantilever over a slope which is greater than 10% in
steepness.
7. A geological investigation shall be conducted in order to verify that the construction
of the proposed structure will not compromise the integrity of the slope. The
geological report shall be subject to the approval of the City Geologist.
Ni:\Projects\SUB2006-00020(Muckel,6024 Ocean Terrace Dr)\PC Resolution 2007-19.doc
P.C. Resolution No. 2007-19
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