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CC RES 2005-083RESOLUTION NO. 2005 -83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES 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 OFAPORTION 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 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, .­4 4 Amendment No. 1 to Tract No. 31,617 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 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 fora 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., 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, 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 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. 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 because the property currently is 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, Resolution No. 2005 -83 Page 2of5 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; and, WHEREAS, on November 23, 2004, the Planning Commission found that since the balcony encroaches into the required setback, the location results in an unreasonable privacy infringement upon the residence at 6264 Ocean Terrace Drive, that the two southernmost windows along the eastern fagade of the second story must contain translucent material, and that the balcony support columns and grading beyond the BGR line were appropriate. As such, conditions were incorporated to remove that portion of the balcony that encroaches into the required 15 -foot setback and require that otherthan up to two support columns, all portions of the balcony maintain the required 15 -foot setback, and require the two most southerly windows along the eastern fagade of the second floor to be modified to contain translucent glazing; and, WHEREAS, on December 14, 2004, the Planning Commission adopted P.C. Resolution No. 2004 -51 and 2004 -52, recommending that the City Council approved Case No. ZON2004 -00409 for a revision to Height Variation No. 884 and Amendment No. 2 to Tract No. 31617, provided that the balcony be modified to ensure compliance with the required setback from the trail easement, provided that the two southernmost windows along the eastern fagade of the second story contain translucent material, and provided the applicant enter into an agreement with the City; 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 March 15, 2005, at which time all interested parties were given an opportunity to be heard and present evidence, and the City Council gave direction to Staff regarding the content of a proposed resolution and agreement to be considered by the City Council in conjunction with the adoption of the resolution; and, WHEREAS, after notice was issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the continued public hearing was conducted by the City Council on July 19, 2005, at which time all interested parties were given an opportunity to be heard and present additional evidence; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: The Revision to Height Variation No. 884 approves the "as- built" location of the new residence, which was constructed 15 -feet farther towards the rear, as modified by the City Council to remove a portion of the balcony. The residential structure continues to be compatible with the immediate neighborhood. Further, the new location of Resolution No. 2005 -83 Page 3 of 5 the residential structure does not result in significant view impairment from the viewing area of another parcel. Section 2: Since the residence was constructed 15 -feet farther south and a portion of the balcony encroaches into the required setback, the location results in an unreasonable privacy infringement upon the residence at 6264 Ocean Terrace Drive. As such, approval of the Revision to Height Variation No. 884 incorporates conditions to require removal of a portion of the balcony and that the two most southerly windows along the eastern fagade of the second floor to be modified to contain translucent glazing. In addition, another condition has been added to require the planting of foliage along the east side property line to ensure privacy between the residence on the subject property and the residence on the adjacent property to the east. Section 3: 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 up to two balcony support columns and grading to remain outside the BGR line. Section 4: The proposed Tract Amendment to allow up to two balcony support columns 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, because the balcony support columns are required to be underpinned and the fill is required to be compacted, pursuant to Condition no 5 in the attached Exhibit "A ". Section 5: An Agreement has been drafted to address the responsibilities of the property owner regarding the trail easement. The applicant is required to acquire a portion of the adjacent Upper Filiorum property so that the trail can remain in its existing general location with some necessary modifications to address erosion control issues or to relocate the trail entirely upon the subject Property within a modified easement, to the satisfaction of the Director. Section 6: Notice of the continued public hearing was issued by the City pursuant to the requirements of the Rancho Palos Verdes Development Code. The continued public hearing was conducted by the City Council on July 19, 2005, at which time all interested parties were given an opportunity to be heard and present additional evidence. Although the applicant's representative initially requested rebuttal time, which was inadvertently omitted following his client's remarks and after everyone else had spoken, the applicant's representative did not advise the City Council that he still wanted additional time for rebuttal. Because both the applicant and his representative were given an ample opportunity to address the City Council regarding this matter, the absence of an additional opportunity to present rebuttal testimony did not result in a denial of due process. Section 7: 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 Resolution No. 2005 -83 Page 4 of 5 Council of the City of Rancho Palos Verdes hereby approves Case No. ZON2004- 00409, thereby allowing up to two balcony support columns that measure greater than 30- inches in height to encroach beyond the BGR line and grading on a slope that is greater than 10- percent on Lot 20, and a revision to Height Variation No. 884 to acknowledge the new location of the two -story residence, 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 8: 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 2nd day of August 2005. Mayor Attest: State of California ) County of Los Angeles ) ss City of Rancho Palos Verdes ) I, Carolynn Petru, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2005 -83 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on August 2, 2005. Resolution No. 2005 -83 Page 5 of 5 Resolution No. 2005 -83 - Exhibit "A" Conditions of Approval Case No. ZON2004 -00409 1. Except as expressly amended by the following conditions, 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. A minimum of 10 -feet of the second story balcony along the rear (south) elevation shall be removed so that other than two support columns, the balcony will maintain 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. 3. 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. 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 the date of this approval, subject to the satisfaction of the Director of Planning, Building and Code Enforcement. 5. The applicant shall comply with all recommendations of the project geologist and the City geologist including, without limitation, requirements concerning recompaction of the fill that is located on the site and underpinning of the balcony support columns. All permits, reports, or other documentation to conduct the underpinning and compaction shall be submitted to the City for review and approval prior to commencement of the work. Any such work shall commence within 180 days from the date of approval of the reports and plans by the City. 6. Approval of this Revision shall be contingent upon the owner entering into an agreement with the City within ninety days of this approval that sets forth alternative solutions either to relocate the trail easement and trail entirely on the applicant's property to the satisfaction of the Director or to require the applicant to acquire a portion of the adjacent Upper Filiorum Property so that the trail can be maintained in its current location. The Agreement shall include a one -year deadline from the date of this approval to implement one of the alternative solutions. Resolution No. 2005 -83 Exhibit A Page 1 of 1