CC RES 1998-057 RESOLUTION NO. 98-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES, RESCINDING RESOLUTION
NO. 95-67, RESOLUTION NO. 95-68 AND CONDITION NO. 2
OF GRADING PERMIT NO. 1717 AND APPROVING
REVISIONS TO VARIANCE NO. 378, COASTAL PERMIT NO.
124 AND GRADING PERMIT NO. 1717 FOR AFTER-THE-
FACT APPROVAL OF A FOUNTAIN IN EXCESS OF FORTY-
TWO (42") INCHES IN HEIGHT IN THE FRONT-YARD
SETBACK AREA OF AN EXISTING, SINGLE-FAMILY
RESIDENCE, LOCATED AT 6470 SEACOVE DRIVE
WHEREAS, on March 3, 1994, the Director of Planning, Building and Code
Enforcement conditionally approved Grading Permit No. 1717 for sixty cubic yards (60 yd3)
of grading for a 400-square-foot game room under the existing house at 6470 Seacove
Drive; this action included conditions of approval requiring various, existing Municipal
Code violations on the property to be corrected prior to building permit issuance, including
the existing, 88-inch-tall fountain located in the front-yard setback area; and,
WHEREAS, on December 13, 1994, the Planning Commission adopted P.C.
Resolution No. 94-57, conditionally approving Variance No. 378 for after-the-fact approval
for an existing fountain in excess of forty-two inches (42") in height in the front-yard
setback area; and this action included conditions of approval requiring the existing 88-
inch-tall fountain to be reduced to a height of no more than seventy-two inches (72"); and,
WHEREAS, on January 3, 1995, the owner of the property at 6470 Seacove Drive,
Dr. Robert Hunt, appealed the Planning Commission's decision regarding the front-yard
fountain+to the City Council; and
WHEREAS, on July 5, 1995, the City Council considered Dr. Hunt's appeal and
adopted Resolution Nos. 95-67 and 95-68, denying the appeal and overturning the
Planning Commission's action, thereby requiring the existing 88-inch-tall fountain to either
be removed or reduced to a height of forty-two inches (42"); and,
WHEREAS, shortly after this decision by the City Council, Dr. Hunt filed suit against
the City in an effort to overturn certain City decisions (including those regarding the front-
yard fountain)with regard to the various uses and structures on the property, and the City
subsequently filed a cross-complaint against Dr. Hunt in an effort to compel him to comply
with these previous decisions; and,
WHEREAS, the court found in the City's favor regarding all of its previous
decisions, with the exception of the fountain in the front-yard setback area which the City
was ordered to allow to remain as constructed at a height of eight-eight inches (88") and
without modifications; and,
WHEREAS, on April 14, 1998, Dr. Hunt, submitted applications for Conditional Use
Permit No. 202, Site Plan Review No. 8252, landscape plan review and revisions to the
previous City approvals for Conditional Use Permit No. 71-Revision 'D', Variance No. 358,
Variance No. 378, Coastal Permit No. 117, Grading Permit No. 1440 and Grading Permit
No. 1717 (hereafter Conditional Use Permit No. 202, et al.), in compliance with the
requirements of the court's decision; and,
WHEREAS, on May 15, 1998, the applications for Conditional Use Permit No. 202,
et al. were deemed complete 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 Conditional Use Permit No. 202, et al. would have
a significant effect on the environment because the various modifications and approvals
are related to minor, accessory uses and structures on the site of an existing, single-family
residence and, therefore, the proposed project has been found to be categorically exempt
(Classes 1 and 3, Sections 15301(e) and 15303(e)); and,
WHEREAS, on June 9, 1998, the Planning Commission conducted a public hearing
to consider revisions to previous Planning Commission decisions under Conditional Use
Permit No. 202, et al., and adopted P.C. Resolution No. 98-24 approving said revisions;
and,
WHEREAS, the Planning Commission's action did not included certain revisions to
previous City Council actions regarding the appeal of Variance No. 378, Coastal Permit
No. 124 and Grading Permit No. 1717 (hereafter Variance 378, et al.), relating to the
existing fountain in the front-yard setback area, which are necessary in order to comply
with the court's order; 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 June
16, 1998, 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 rescission of Resolution No. 95-67 is necessary to allow the
existing, 88-inch-tall fountain located in the 50-foot front-yard setback area to remain in
its current location and configuration because Resolution No. 95-67 otherwise overturns
Resolution No. 98-57
Page 2 of 6
the Planning Commission's prior approval of Coastal Permit No. 124 in conjunction with
the approval of the fountain at a maximum height of seventy-two inches (72"), and requires
it to be either removed or reduced to not more than forty-two inches (42") in height. This
action is warranted in order to comply with the order of the Los Angeles County Superior
Court.
Section 2: The rescission of Resolution No. 95-68 is necessary to allow the
existing, 88-inch-tall fountain located in the 50-foot front-yard setback area to remain in
its current location and configuration because Resolution No. 95-68 otherwise denies
Variance No. 378 for the existing fountain and requires it to be either removed or reduced
to not more than forty-two inches (42") in height. This action is warranted in order to
comply with the order of the Los Angeles County Superior Court.
Section 3: The rescission of Condition No. 2 of Grading Permit No. 1717 is
necessary to allow the existing, 88-inch-tall fountain located in the 50 foot front-yard
setback area to remain in its current location and configuration and, in turn, to allow the
submittal of plans into Building and Safety plan check for sixty cubic yards (60 yd3) of
grading for a 400-square-foot subterranean game room beneath the existing house. This
action is warranted in order to comply with the order of the Los Angeles County Superior
Court.
Section 4: The time within which judicial review of the decision reflected in this
Resolution must be sought, if available, is governed by Section 1094.6 of the California
Code of Civil Procedure.
Section 5: For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of proceedings, including P.C.
Resolution No. 94-57, Resolution No. 95-67, Resolution No. 95-68 and the conditions of
approval for Grading Permit No. 1717, which are attached hereto by reference, the City
Council of the City of Rancho Palos Verdes hereby rescinds Resolution No. 95-67,
Resolution No. 95-68 and Condition No. 2 of Grading Permit No. 1717 and approves
revisions to Variance No. 378, Coastal Permit No. 124 and Grading Permit No. 1717 for
after-the-fact approval of a fountain in excess of forty-two (42") inches in height in the
front-yard setback area of an existing, single-family residence, located at 6470 Seacove
Drive, 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 in the area.
Resolution No. 98-57
Page 3 of 6
PASSED, APPROVED, AND ADOPTED this 16th day of June 1998.
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ATTEST:
f,
, A.
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y Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, hereby certify that
the above Resolution No. 98-57 was duly and regularly passed and adopted by the said
Y
City Council at a regular meeting thereof held on June 16, 1998.
City C =rk
City o 'ancho Palos Verdes
Resolution No. 98-57
Page 4 of 6
EXHIBIT 'A'
CONDITIONS OF APPROVAL
FOR VARIANCE NO. 378, ET AL.
(6470 Seacove Drive)
1. Resolution Nos. 95-67 and 95-68 regarding Variance No. 378 and Coastal Permit
No. 124, including all conditions of approval, are rescinded and no longer in effect
or valid.
2. The following Conditions of Approval contained for Grading Permit No. 1717 are
amended to now read as indicated below(additions I , deletions ):• • - •• . • • . • - ■ t • • • • • • r • . - V • •
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3. This action approves the existing 88-inch-tall fountain located within the 50-foot
front-yard setback area in its current location and configuration. Any prior City
actions or conditions regarding the height of the front-yard fountain which are
inconsistent with the existing 88-inch height of the fountain are hereby amended to
Resolution No. 98-57
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conform with the action approved by this Resolution. No modifications to the
fountain of any kind are permitted without the prior approval of the City Council.
4. Notwithstanding the existing fountain approved pursuant to this action, and the
existing front-yard fence pilasters and carriage lanterns approved previously
pursuant to Variance No. 260 and Coastal Permit No. 97, any and all new
structures proposed within the 50-foot front-yard setback area established for the
lot pursuant to Condition 3D of Conditional Use Permit No. 71 shall not exceed a
maximum height of forty-two inches (42")without prior approval of a variance by the
Planning Commission.
5. The applicant/landowner and all successors-in-interest to the property located at
6470 Seacove Drive, Rancho Palos Verdes, shall be bound in perpetuity by all
conditions of approval listed in this Resolution.
6. All project development on the site shall conform to the specific standards
contained in these conditions of approval or, if not addressed herein, in the RS-1
district and Coastal Specific Plan development standards of the City's Municipal
Code.
7. Failure to comply with and adhere to all of these conditions of approval may be
cause to revoke the approval of the project by the Planning Commission after
conducting a public hearing on the matter, or any other enforcement method
available to the City.
8. Unless otherwise modified by this approval, all applicable conditions of approval of
Tentative Tract Map No. 39672, Conditional Use Permit No. 71 and revisions,
Grading Permit No. 1440, Variance No. 357 and related entitlements, Variance
No. 358 and related entitlements, Variance No. 378 and related entitlements, and
Grading Permit No. 1717, as previously amended by the Planning Commission
pursuant to P.C. Resolution No. 98-24, remain unchanged and in full force and
effect.
9. The bulbs in the four(4), existing carriage lantern light fixtures located on the front
fence pilasters shall not exceed between fifteen and twenty-five watts (15-25 W)
each or a total of seventy-five to one hundred twenty-five watts (75-125 W) for each
fixture, as approved by the Director of Planning, Building and Code Enforcement
to ensure that the lights do not adversely affect neighboring properties or motorists.
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Resolution No. 98-57
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