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PC RES 2004-051P.C. RESOLUTION NO. 2004-51 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES CONDITIONALLY APPROVING CASE NO. ZON2004-00409, FOR A REVISION TO HEIGHT VARIATION NO. 884 TO ACKNOWLEDGE THE NEW LOCATION OF THE TWO-STORY RESIDENCE AND REQUIRE THE REMOVAL OF THE SECOND STORY BALCONY TO ENSURE COMPLIANCE WITH THE TRACT SETBACK REQUIREMENT, FOR PROPERTY LOCATED AT 6270 OCEAN TERRACE DRIVE (LOT 20/TRACT 31617). WHEREAS, on August 24, 1999, the Planning Commission approved Height Variation No 884, allowing the construction of a new two-story, single-family residence with attached garage measuring a total of 6,696 square feet, on a vacant parcel located at the end of the Ocean Terrace Drive cul-de-sac. The proposed height was 22'-3" as measured from the highest pre -construction (existing) pad elevation on the lot (rear) to be covered by the structure to the ridge line of the structure, and 25 -feet high as measured from the point where the lowest foundation meets finished grade to the ridge line of the structure for property located at 6270 Ocean Terrace Drive (Tract 31617/Lot 20), and, WHEREAS, consistent with the Tract's requirement for development of the subject property, the residence was conditioned to maintain a 15 -foot setback from the 15 -foot wide trail easement along the south rear property line. WHEREAS, on October 20, 1999, the City issued a building permit for construction of the new residence; and, WHEREAS, as the site was prepared for construction of the new residence and the foundation was being prepared, the applicant's Registered Engineer of record, submitted certified documentation attesting that he had measured features of the new residence and certified that the building location was consistent with the approved plans Further evidence, in the form of an inspection report from the Engineer's firm conducted on December 21, 1999, confirmed that "set backs are per approved plans and construction staging by this firm". Since the documentation prepared and certified by the applicant's Engineer stated that the improvements to this property were per the approved plans bearing the stamp of the City of Rancho Palos Verdes, the Building and Safety Division conducted the required inspections related to plumbing, mechanical, electrical and structural throughout calendar year 2000, and, WHEREAS, on January 27, 2000, Grading Permit No 2154 was approved by the Planning Commission during construction of the residence for a total of 1,616 cubic yards of remedial grading under the building footprint, which included 856 cubic yards of removal, 760 cubic yards of re -compaction and 96 cubic yards of export; and, WHEREAS, during final inspection, it was noticed that the building pad was not in compliance with the approved plans. It was then requested that the owner, Sal Ahamed, prepare and submit an as -built plan; and, WHEREAS, on March 2, 2001, Mr. Ahamed submitted an as -built plan prepared by his Engineer, and it was discovered that the extent of grading went beyond the approved property onto an adjacent property that was not covered under the approval. It was also discovered that the house encroached into the setback from the trail easement and a rear deck extended beyond the tract's building/grading restriction (BGR) line, and, WHEREAS, it was also determined that the existing trail (i e , McBride trail) was not located within the established trail easement on the subject property, rather it traversed the adjacent, separately owned, Upper Filiorum property; and, WHEREAS, Mr. Ahamed tried to resolve the issue directly with the adjacent property owner, York Long Point Associates YLPA, including trying to negotiate a purchase agreement for a portion of the Upper Filiorum property where the grading and trail have encroached. Ultimately, there was no resolution to address the issue; and, WHEREAS, Since the City is actively pursuing the acquisition of the Upper Filiorum property for use as open space, through an agreement with the subject property owner, Mr Sal Ahamed, the issues of the grading and trail could be resolved if the City is successful in acquiring the Upper Filiorum property. However, if the City does not acquire the Upper Filiorum property, then Mr Ahamed would be responsible for realigning the trail so that the trail does not cross over onto the Upper Filiorum property. As such, the City Attorney drafted an agreement between the City and Mr. Ahamed, where each party's responsibility is listed to address the trail and grading issues, depending upon the outcome of the acquisition, and, WHEREAS, upon drafting the agreement, the subject property owner submitted the necessary applications and fees on July 28, 2004; and, WHEREAS, the City deemed the applications complete on August 12, 2004; 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 Regulation, 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 Case No. ZON2004-00409 would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt under Class 1 (Section 15301) since the project does not intensify the use of the lot since the property is currently developed with a single-family residence; and, P.C. Resolution No. 2004-51 Page 2 WHEREAS, on September 14, 2004, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission continued the item to October 26, 2004, and, WHEREAS, on October 26, 2004, the Planning Commission continued the item to the November 23, 2004; and, WHEREAS, on November 23, 2004, the Planning Commission held a duly noticed public hearing, at which time all interested parties were given an opportunity to be heard and present evidence 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: Although the residence was constructed 15 -feet farther towards the rear, the residential structure continues to be compatible with the immediate neighborhood. Further, the new location of the residential structure does not result in significant view impairment from the viewing area of another parcel Lastly, with a condition to install frosted glass at one window along the south side elevation, the new location of the residential structure will not infringe upon the privacy of the abutting residences. Section 2: Since the residential structure was constructed 15 -feet farther towards the rear, the attached balcony was built closer towards the rear property line, resulting in a 5 -foot setback from the easement line. Specifically, the setback required to be maintained from the trail easement line is 15 -feet, while the balcony encroaches 10 -feet into the required setback. Section 3: Since the balcony and residence encroach into the required setback, the location results in an unreasonable privacy infringement upon the residence at 6264 Ocean Terrace Drive As such, a condition has been incorporated to remove that portion of the balcony that encroaches into the required 15 -foot setback and require that all portions of the balcony maintain the required 15 -foot setback A condition has also been incorporated to require the two most southerly windows along the eastern fagade of the second floor to be modified to contain frosted glazing. Section 4: An Agreement has been drafted to address the responsibilities of the property owner and the City, depending on the outcome of the acquisition of the Upper Filiorum property. If the City is successful in acquiring the Upper Filiorurn property, the trail can remain in its existing general location with some necessary modifications to address erosion control issues and screening from Mr Ahamed's residence. However, if the acquisition does not occur, the trail will have to be relocated onto Mr Ahamed's property, which, would be relocated entirely within a relocated easement that traverses Mr Ahamed's property. As such, the Draft Agreement, as written by the City Attorney, adequately addresses the issues of the grading and trail at this time since it is not certain when and if the City will be successful in acquiring the Upper Filiorurn property P.C. Resolution No. 2004-51 Page 3 Section 5: Any interested person may appeal this decision or any portion of this decision to the City Council. Pursuant to Section 17.02 040.0 I i 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 6: 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 Case No ZON2004- 00409, for a revision to Height Variation No. 884, 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 P.C. Resolution No 2004-51 Page 4 PASSED, APPROVED, AND ADOPTED this 14th day of December 2004, by the following vote* AYES:Gerstner, Karp, Knight, Mueller, Perestam NOES: None ABSTENTIONS' None ABSENT: Tetrault Jae el/RoIAS, AIC Dirctor of Pla ni g, Building and Co forcement; and, Secretary to the Planning Commission C'raig Muo'er Planning Commission Chairman P.C. Resolution No. 2004-_jj Page 5 Exhibit "A" Conditions of Approval Case No. ZON2004-00409 1. All conditions of approval associated with Height Variation No. 884 and Grading Permit No. 2154 shall remain in full force and effect, unless modified herein. 2. All conditions associated with Tract No 31617 shall remain in full force and effect 3. The balcony shall be removed or modified such that the balcony maintains a minimum 15 -foot setback from the trail easement line, which is equivalent to a 30 - foot setback from the rear (south) property line, as such line existed at the time the Planning Commission approved Height Variation No. 884 (August 24, 1999), within 180 days of this approval. 4 The two most southerly windows along the eastern fagade of the second floor shall be modified to contain frosted/translucent glazing within 90 days of approval, subject to the satisfaction of the Director. 5 Approval of this Revision shall be contingent upon the owner entering into an agreement with the City that sets forth alternate solutions for relocation of the trail easement and trail, depending on whether the City is successful in acquiring the adjacent Upper Filiorum property within two years of this approval. P.C. Resolution No. 2004-51 Page 6