CC RES 2011-020 RESOLUTION NO. 2011-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES APPROVING CASE NO. SUB2010-00003, FOR AMENDMENT NO. 4 TO
TRACT 31617, REMOVING THE 15-FOOT BY 150-FOOT TRAIL EASEMENT
SEGMENT ALONG THE SOUTHERN PROPERTY LINE AND REPLACING IT WITH A
RESTRICTED USE EASEMENT THAT ALLOWS LIMITED IMPROVEMENTS IN THE
RESTRICTED USE AREA; ALLOWING CONSTRUCTION OF AN ATTACHED
TRELLIS ON THE FIRST FLOOR,ALONG THE REAR OF THE RESIDENCE WITH A
5-FOOT SETBACK FROM THE NEW RESTRICTED USE AREA EASEMENT(I.E.,20-
FEET FROM THE REAR SOUTHERN PROPERTY LINE), 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
a new 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 rear of the lot 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 the 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; and,
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, which was 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 work 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. Staff then requested that the owner, Mr. 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 the grading went beyond the
approved boundaries on the property into the City's trail easement and onto an adjacent
property that was not encompassed within the approval. It was also discovered that the
house encroached into the setback from the trail easement, and a rear balcony extended
beyond the tract's building/grading restriction (BGR) line; and,
WHEREAS, it was also determined that the existing trail (i.e.,the McBride trail)was
not located entirely within the established trail easement on the subject property, so that a
portion of the trail traverses the adjacent, separately owned, Upper Filiorum property; and,
WHEREAS, the subject property owner submitted the necessary applications and
fees on July 28, 2004; and,
WHEREAS, on August 2, 2005, the City Council adopted Resolution No. 2005-83,
thereby approving Case No. ZON2004-00409, for 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, and a revision to Height Variation No. 884 to approve the new location of the two-
story residence and require the removal of a portion of the second story balcony to ensure
compliance with the tract setback requirement; and,
WHEREAS, on June 16, 2010, the property owner submitted Case No. SUB2010-
00003 for a Tract Amendment to vacate a portion of the trail easement along the south
property line of Lot 20, Tract 31617; and,
WHEREAS, in September 2010, Case No. SUB2010-00003 was held in abeyance
in order to pursue a License Agreement to allow certain improvements in the trail
easement; and,
WHEREAS, on October 5, 2010, the City Council considered the license agreement
proposed by the property owner at 6270 Ocean Terrace Drive that would allow limited
improvements within the trail easement area.
WHEREAS, at the October 5, 2010 meeting, the Council felt that a license
agreement to allow improvements within a City-owned easement without compensation
could be construed as a gift of public funds. As a result, the Council directed Staff to work
with the property owner in order to obtain an appraisal to determine the value of the trail
easement area.
WHEREAS, on January 21, 2011, an appraisal was completed by Riggs and Riggs,
Inc.; and,
Resolution No. 2011-20
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WHEREAS, in February 2011, the applicant decided to also propose an attached
trellis as part of the project, and to pursue reclassifying the trail easement to a Restricted
Use Area easement through Case No. SUB2010-00003; 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 Case No. SUB2010-00003 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 because the property currently is developed with a single-family
residence; and,
WHEREAS, after notice was issued pursuant to the requirements of the Rancho
Palos Verdes Development Code, the City Council held a duly noticed public hearing on
April 19, 2011, at which time all interested parties were given an opportunity to be heard
and present evidence.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: Tract Amendment No. 4 is specific to Lot 20 only and replaces a
portion of an existing trail easement (15'x150') with a Restricted Use Area Easement to
allow limited landscaping, improvements and a fence/wall up to a maximum height of 6-feet
within the Restricted Use Easement area; and, to allow construction of a trellis along the
rear of the residence, maintaining a 20-foot setback from the rear property line.
Section 2: Tract Amendment No. 4 would allow the construction of an attached
trellis on the first floor of the residence, along the rear of the structure, thereby maintaining
a 20-foot setback from the southern rear property line.
Section 3: Tract Amendment No. 4 will not create an adverse impact since, due
to the topography of the site, the actual physical trail path continues to be located south of
the rear property line of the subject property within the City's Upper Filiorum property, and
is not within the recorded trail easement on Lot 20. Further, relocation of the trail
easement to the location that presently is being used by the public, due to topographic
conditions. Re-aligning the trail into the existing easement along the rear property line
would require extensive improvements, which would include grading to minimize the
steepness of the area, retaining walls to buttress the area, and perhaps a staircase and
handrail to provide for adequate ascent and descent by the trail users within the constraints
of the easement. Thus, relocation of the trail into the easement would detract from the
natural trail experience and, accordingly, the location of the existing physical trail on the
City's Filiorum property(as part of the City Council approved Preserve Trails Plan)provides
for a better, more natural, trail experience.
Resolution No. 2011-20
Page 3 of 4
Section 4: For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of these proceedings, the City
Council of the City of Rancho Palos Verdes hereby approves Case No. SUB2010-00003,
Amendment No. 4 to Tract 31617, removing the 15-foot by 150-foot trail easement
segment along the southern property line and replacing it with a restricted use easement
that allows limited improvements in the restricted use area, allowing construction of an
attached trellis on the first floor along the rear of the residence with a 20-foot setback from
the rear southern property line 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.
Section 5: The time within which the judicial review of the decision reflected in this
Resolution, if available, must be sought is governed by Section 1094.6 of the California
Code of Civil Procedure and other applicable short periods of limitation.
PASSED, APPROVED, AND ADOPTED this 19th da, •f A ril 2011.
Mayor
Attest:
> /1
City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
above Resolution No. 2011-20 was duly and regularly passed and adopted by the said City
Council at a regular meeting thereof held on April 19, 2011.
/r
City Clerk
Resolution No. 2011-20
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EXHIBIT "A"
REVISED CONDITIONS OF APPROVAL of Resolution No. 77-22
City Council Approved on April 19, 2011
(New language shown in underline)
34.A 15-foot by 150-foot segment of the public trail easement paralleling the
southern property line and abutting the southeast corner of Lot 20, Tract 31617,
shall be removed and replaced with a restricted use easement. Said restricted
use easement shall be recorded with the Los Angeles County Recorders Office
within 90 days of this approval.
35. Only the following improvements are allowed within the boundaries of the
restricted use easement on Lot 20: fences, walls, hedges or any other
landscaping not to exceed six feet in height, as measured from the lowest grade
adjacent to said improvements and decorative water features, seat walls and
benches, and any other structures approved by the Community Development
Director not exceeding a maximum height of 48-inches as measured from
adjacent grade.
36.An attached trellis shade structure along the rear of the residence is allowed on
Lot 20, Tract 31617. Said trellis shall not exceed 13-feet in height, as measured
from adjacent grade to top of trellis structure. Further, the trellis roof shall not be
solid, shall not be used as a deck, and shall be a minimum 50-percent open to
the sky. Lastly, the trellis shall maintain a minimum 20-foot setback from the
southern property line to the trellis structure. Setback certification by a licensed
surveyor shall be required prior to pouring of footings.
37.With the exception of the improvements and structures identified in conditions 35
and 36 above, all other structures on Lot 20 shall maintain a 30-foot setback from
the southern property line.
Resolution No. 2011-20
Exhibit A
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