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PC RES 2004-052P.G. RESOLUTION NO. 2004-52 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AMENDMENT NO.2 TO TRACT 31617, ALLOWING LOT 20 TO HAVE TWO BALCONY SUPPORT COLUMNS THAT MEASURE GREATER THAN 30 -INCHES IN HEIGHT TO ENCROACH BEYOND THE BGR LINE, AND GRADING ON A SLOPE GREATER THAN 10 -PERCENT, FOR PROPERTY LOCATED AT 6270 OCEAN TERRACE DRIVE (LOT 201TRACT 31617). WHEREAS, on April 5, 1977, the City Council adopted Resolution No. 77-22, thereby approving Tract No. 31617 and establishing a BGR line in the rear yards of the eighty (80) single-family residential lots The purpose of the BGR line was for "grading and visual" purposes to articulate the view of the development as seen from below and to prevent grading and construction from encroaching into the slope and the trail easement located at the rear of the properties; and, WHEREAS, on October 5, 1993, the City Council adopted Resolution No 93-86, Amendment No 1 to Tract No 31617 to allow at -grade accessory uses outside the BGR line, and, 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 3161711_ot 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, I 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, I 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 and obtain title to the Upper Filiorum property within two years of this approval, 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 P.C. Resolution No. 2004-52 Page 2 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 protect has been found to be categorically exempt under Class 1 (Section 15301) since the protect does not intensify the use of the lot since the property is currently developed with a single-family residence; and, 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: The Tract Amendment request will not alter any right, title or interest in real property reflected on the recorded map. The amendment to the tract would be specific to Lot 20 only, and would allow the construction and encroachment of two balcony corners and grading to remain outside the BGR line. Section 2: The proposed Tract Amendment to allow the two balcony support columns and related corners of the balcony, and the grading on the slope greater than 10 - percent, will not create a geotechnical hazard to the property or to adjacent property as determined by the City's Geotechnical Consultant, when the balcony support columns are underpinned and the fill is compacted, pursuant to condition no. 3 in the attached Exhibit "A„ Section 3: If the City is successful in acquiring and obtaining title to the adjacent Upper Filiorum property within two years of this approval, then there are no concerns with the trail. However, if the City does not acquire and obtain title to the Upper Filiorum property within two years, the trail will be relocated to be within the easement on the applicant's property and will be graded down so that the structure is not readily visible from the trail Section 4: An Agreement has been drafted to address the responsibilities of the property owner and the City with regards to the location of the trail easement and trail, depending on the outcome of the proposed acquisition of the Upper Filiorum property If P C Resolution No. 2004-52 Page 3 the City is successful in acquiring and obtaining title to the Upper Filiorum property within two years of this approval, 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 within the two year time frame, 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 Filiorum property. 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 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 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 recommends that the City Council approve Amendment No. 2 of Tract No. 31617 associated with Case No. ZON2004-00409, 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 2004-52 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 z2 Craig Mueller Planning Commission Chairman Joe Rol S, AICP o Dir� ctor f Plan in Building and Co E forcer and, Secretary I to the tanning Commission P.C. Resolution No 2004- 52 Page 5 Exhibit "A" Conditions of Approval Case No. ZON2004-00409 1. Unless specified below, all conditions of approval associated with Tract No. 31617 (illustrated in Resolution No 77-22) and associated with Amendment No. 1 to Tract No. 31617 (illustrated in Resolution No. 93-86) shall remain in full force and effect 2. Lot 20 is allowed to maintain the following improvements beyond the BGR line. a Two balcony support columns located at the southwest corner of the balcony, that measure greater than 30 -inches in height. b. Grading on a slope at the southwest corner of the pad that was greater than 10 -percent 3. The two balcony support columns beyond the BGR line shall be underpinned and the fill compacted. All permits, reports, or other documentation to conduct the underpinning and compaction shall be obtained and/or submitted prior to commencing the work Further, said work shall commence within 180 days from the date of this approval. 4. If the City is not successful in acquiring and obtaining title to the Upper Filiorum property within two years of this approval, the property owner shall plant and maintain foliage along the upslope side of the trail to screen the structure and to provide the occupants of the structure with privacy, to the satisfaction of the Director of Planning, Building and Code Enforcement P.C. Resolution No. 2004-52 Page 6