
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DIRECTOR OF PLANNING, BUILDING AND CODE ENFORCEMENT
DATE: JULY 19, 2005
SUBJECT: CASE NO. ZON2004-00409 (Revision to Height Variation No. 884 and Amendment No. 2 to Tract No. 31617) Applicant/Property Owner: Sal Ahamed; Subject Property: 6270 Ocean Terrace Drive Lot 20, Tract 31617 (Thomas Guide Page 822, J-3).
Staff Coordinator: Eduardo Schonborn, aicp, Associate Planner
RECOMMENDATION
That the City Council review and adopt Resolution No. 2005-__, conditionally approving Case No. ZON2004-00409 for Amendment No. 2 to Tract 31617 and a revision to Height Variation No. 884, and the revised trail agreement.
DISCUSSION
On April 19, 2005, the City Council considered the above referenced case. After discussion of the item, the City Council directed staff to return with a revised resolution and trail agreement that allows the house and balcony to remain in its current configuration; requires the property owner to provide and maintain additional foliage along the side property line to screen the house and balcony from the adjacent property owner to the east; requires the property owner to purchase additional property from the adjacent property owner (York Long Point Associates) to relocate the trail easement to where the current trail exists so as to bypass the rear yard pad of the subject property and the adjacent property to the east; requires the City to vacate the existing trail easement on the southern portion of the subject property and a portion of the trail easement along the adjacent property to the east once the new trail easement is established; and stipulates a time frame for the completion of the trail easement relocation.
To formalize the action taken on April 19, 2005, attached is a revised resolution and revised agreement for the City Council’s consideration.
After the April 19th meeting, the adjacent neighbor, Mr. Butterworth, informed Staff that he believed the public hearing was not formally closed. A review of the videotape indicates that although the Council gave staff direction about the action it would like to have memorialized in the resolution and agreement, the public hearing was not formally closed. To ensure that the record is clear that the public hearing still is open, Staff sent another notice of the continued public hearing that is to be held this evening. Therefore, if the interested parties or any Council member wishes to have further discussions of the matter, additional public testimony and Council deliberation can occur.
ALTERNATIVES
The current proposal requires Mr. Ahamed to reach an agreement with York Long Point Associates to purchase a portion of the adjoining property to accommodate the trail and the grading without City involvement. Mr. Weber has indicated that Mr. York might be willing to consider such a transaction. However, if an agreement with Mr. York cannot be reached, the City still could require Mr. Ahamed to relocate the trail entirely upon his property. If the City Council would like to require Mr. Ahamed to relocate the trail upon his property if he is unable to reach an agreement with Mr. York, the Council should adopt an alternative resolution and agreement that would allow him to reconstruct the trail on his property within a specified period, such as one year.
Respectfully submitted:
Joel Rojas, aicp,
Director of Planning,
Building and Code Enforcement
Reviewed:
Les Evans
City Manager
Attachments
RESOLUTION NO. 2005-
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 A SECOND BALCONY AND ASSOCIATED VERTICAL SUPPORT COLUMNS, ALL OF WHICH MEASURE GREATER THAN 30-INCHES IN HEIGHT, TO ENCROACH BEYOND THE BGR LINE, AND ALLOWING GRADING ON A SLOPE GREATER THAN 10-PERCENT, AND APPROVING A REVISION TO HEIGHT VARIATION NO. 884 TO ACKNOWLEDGE THE NEW LOCATION OF THE TWO-STORY RESIDENCE 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, Amendment No. 1 to Tract No. 31617 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 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., 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,
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 façade 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 all portions of the balcony maintain the required 15-foot setback, and require the two most southerly windows along the eastern façade 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 façade 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: Although the residence was constructed 15-feet farther towards the rear, the residential structure continues to be compatible with the immediate neighborhood. Further, the new location of the residential structure does not result in significant view impairment from the viewing area of another parcel.
Section 2: Since the balcony and residence encroach into the required setback, the location results in an unreasonable privacy infringement upon the residence at 6264 Ocean Terrace Drive. As such, a condition has been incorporated to require the two most southerly windows along the eastern façade 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 the balcony and grading to remain outside the BGR line.
Section 4: The proposed Tract Amendment to allow the balcony 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.
Section 6: 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. ZON2004-00409, thereby allowing a balcony and 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 7: 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 day of July 2005.
_______________________
Mayor
ATTEST:
____________________
City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, __________, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2005-__ was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on July 19, 2005.
_________________________________
City Clerk
Exhibit "A"
Conditions of Approval
Case No. ZON2004-00409
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Rancho Palos Verdes
Planning Department
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
[Space Above Line For Recorder’s Use]
Recording Fee: Exempt pursuant to California
Government Code Section 27383
COVENANT
THIS COVENANT (this "Agreement") is made as of __________ ___, 2005, by SULTAN J. AHAMED and FARIDA S. AHAMED (collectively, "Ahamed") in favor of the CITY OF RANCHO PALOS VERDES ("City") with respect to the following:
R E C I T A L S:
A G R E E M E N T:
NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:
Ahamed: Sultan and Farida Ahamed
6270 Ocean Terrace Drive
Rancho Palos Verdes, California 90275
City: City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
Attn: City Manager
No communications via facsimile or electronic mail shall be effective to give any notice, request, direction, demand, consent, waiver, approval or other communications hereunder.
IN WITNESS WHEREOF, the parties hereto have executed this Covenant as of the day and year first above written.
AHAMED:
_________________________________
SULTAN J. AHAMED
_________________________________
FARIDA S. AHAMED
CITY: CITY OF RANCHO PALOS VERDES
_________________________________
MAYOR
ATTEST:
_________________________________
Carolynn Petru, City Clerk
STATE OF CALIFORNIA )
)
COUNTY OF LOS ANGELES )
On __________ ___, 2005, before me, ________________________________________, a Notary Public in and for the State of California, personally appeared _____________________ _____________________________, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
_________________________________________
Notary Public in and for the State of California
(SEAL)
STATE OF CALIFORNIA )
)
COUNTY OF LOS ANGELES )
On __________ ___, 2005, before me, ________________________________________, a Notary Public in and for the State of California, personally appeared _____________________ _____________________________, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
_________________________________________
Notary Public in and for the State of California
(SEAL)
STATE OF CALIFORNIA )
)
COUNTY OF LOS ANGELES )
On __________ ___, 2005, before me, ________________________________________, a Notary Public in and for the State of California, personally appeared _____________________ _____________________________, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
_________________________________________
Notary Public in and for the State of California
(SEAL)
STATE OF CALIFORNIA )
)
COUNTY OF LOS ANGELES )
On __________ ___, 2005, before me, ________________________________________, a Notary Public in and for the State of California, personally appeared _____________________ _____________________________, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
_________________________________________
Notary Public in and for the State of California
(SEAL)