CC RES 1993-086RESOLUTION NO. 93 - 86
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES APPROVING AMENDMENT NO. 1 TO TRACT NO. 31617
TO AMEND CONDITION 4 (D) TO ALLOW AT -GRADE USES OUTSIDE
THE BUILDING GRADING RESTRICTION (BGR) LINE AND DENYING
THE REQUEST TO RELOCATE THE BGR LINE AT 32015 SEA RIDGE
CIRCLE.
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, an application was filed on March 3, 1993, by Robert
Guadenti, representing Mr. Edward Miller, the property owner at
32015 Sea Ridge Circle, requesting an Amendment to Tract 31617 to
relocate the BGR line to allow construction of an at -grade pool and
spa in the rear yard; and,
WHEREAS, after notice issued pursuant to the provisions of the
Rancho Palos Verdes Development Code, a public hearing was held on
August 17, 1993, and continued to September 7, 1993, 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: That pursuant to the provisions of the California
Environmental Quality Act (CEQA) , and the City's local CEQA
Guidelines, the proposed project has been found to be categorically
exempt (Class III) .
Section 2: That the Building /Grading Restriction line
designation on Lot 33 and recorded on Tract Map No. 31617 should
not be relocated, since it would create the potential for
residential and above -grade accessory uses to be constructed in a
location that would compromise the original intent of the BGR line.
Section 3: That the Tract Amendment request would not alter
any right, title or interest in real property reflected on the
recorded map. The amendment of Tract Condition 4(d) of Resolution
No. 77 -22 would permit construction of at -grade accessory uses
outside the BGR line which satisfy certain requirements, without
the need for individual Tract Amendments for each lot in the
subdivision. This amendment would be consistent with the City
Council's original intent in establishing the BGR line.
Section 4: That the original Condition 4 (d) of Resolution No,
77-22 states the follow ing : "Provide that all future grading within
the building grading restriction line shall be minor in scope (for
footings landscaping and site drainage) and that no grading
construction shall occur outside the building grading line."
Section 5: That Condition 4(d) of Resolution No. 77 -22 is
hereby amended to state the following: "Provide that all future
grading within the Building Grading Restriction line shall be minor
in scope, and that the Director of Planning, Building, and Code
Enforcement may approve limited accessory uses outside the BGR
line, provided that such uses comply with all the requirements set
forth in the attached Exhibit B."
Section 6: That the City Council hereby rescinds the Staff
policy memorandums of August 13, 1982, January 17, 1990, and May 7,
1990, since they have been superseded by this Tract Amendment.
Section 7: The applicant should consult the Home Owner's
Association to modify the Covenants, Codes and Restrictions for
Tract No. 31617 to allow construction of accessory structures
beyond the BGR line. Any amendments to the CC &R's shall be
provided to the Planning, Building and Code Enforcement Department.
Section 8: For the foregoing reasons and based on the
information and findings contained in the Staff Report, as well as
the public testimony at the public hearing, the City Council of the
City of Rancho Palos Verdes hereby approves Amendment No. 1 to
Tract Map No. 31617 to modify Condition 4(d) to allow construction
of at -grade outside the BGR line, subject to the requirements in
the attached Exhibit "B", and denies the relocation of the BGR line
at 32015 Sea Ridge Circle (Lot 33).
PASSED, APPROVED AND ADOPTED on OCTOBER 51 1993
ATTEST:
Stake o
County
City of
f California
of Los Angeles
Rancho Palos
Verdes
ss
MAYOR\\,.
Resolution No, 93 -86
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I, Jo Purcell,
hereby certify that
regularly passed and
meeting hereof held
City Clerk of the City of Rancho Palos Verdes
the above Resolution No. 93 -86 was duly and
adopted by the said City Council at a regular
on September 21, 199349
Resolution No. 93 -86
Page 3 of 4
Resolution No, 77 -22
Exhibit "B"
Requirements
Tract No. 31617 - Amendment No. 1
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% in steepness.
3. The grading allowed for pools and /or in- ground spas shall be
excavation only, with no associated retaining walls, unless a
retainin g wall, not exceeding three feet in height, is
approved by the Planning Commission.
4. Any structure which encroaches outside the established BGR
line shall not exceed 30" in height, as measured from
adjacent, existing grade.
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. geological eolo ical investigation shall be conducted in order to
verify g
if 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. 93 -86
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