CC RES 2007-056 RESOLUTION NO. 2007-56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES APPROVING AMENDMENT NO. 3 TO TRACT MAP
NO. 31617(CASE NO. SUB2006-00020)TO PERMIT A WIDER RANGE OF
MINOR ACCESSORY STRUCTURES OUTSIDE THE BUILDING/GRADING
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; and,
WHEREAS, on March 27, 2007,the Planning Commission adopted P.C. Resolution
No. 2007-19, thereby recommending approval of the requested tract map amendment to
the City Council; and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos
Verdes Development Code,the City Council held a duly noticed public hearing on May 15,
2007, 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: The City Council makes the following findings of fact with respect to
the request for Amendment No. 3 to Tract Map No. 31617 to modify the Building/Grading
Restriction (BGR) line regulations for 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: 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.
Section 3: For the foregoing reasons and based on information and findings
contained in the Staff Reports, minutes, and records of the proceedings, the City Council
hereby approves Amendment No. 3 to Tract Map No. 31617 (Case No. SUB2006-00020)
to permit a wider range of minor accessory structures outside the Building/Grading
Restriction (BGR)line on Lots 42 through 46, inclusive, subject to the revised conditions of
Resolution No. 2007-56
Page 2 of 3
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.
PASSED, APPROVED, AND ADOPTED this 15th day of May 2007.
Mayor
Attest:
(1ciP
,dth._
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. 2007-56 was duly and regularly passed and adopted by the said City
Council at a regular meeting thereof held on May 15, 2007.
J r /,
City Clerk
Resolution No. 2007-56
Page 3of3
RESOLUTION NO. 2007-56 EXHIBIT
(RESOLUTION NO. 77-22 - EXHIBIT `B')
REQUIREMENTS
TRACT MAP NO. 31617 —AMENDMENT NO. 3
(CASE NO. SUB2006-00020)
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.
Resolution No. 2007-56
Exhibit
Page 1 of 1