PC RES 2006-011 P.C. RESOLUTION NO. 0611
A RESOLUTION OF THE PLANNING I SI F THE CITY OF
RANCHO PALPALOS VERDESDENYING U T FOR A VARIANCE
COASTAL IT TO ACCOMMODATEPA WITHIN THE
COASTAL STRUCTURE SETBACK ZONE ON A SINGLE-FAMILY
RESIDENTIAL P P TY LOCATED T 32045 ISTHMUS I DRIVE
(CASE NO. Z ®00076)
WHEREAS, on June 1, 1992, the City Council of the City of Rancho Palos
Verdes adopted Resolution No. 92-53, certifying Environmental Impact Report No. 36
and adopted Resolution Nos. 92-54, 92-55, 92-56 and 92-57, respectively approving
Vesting Tentative Tract Map Nos. 50666 and 50667, Tentative Parcel Map Nos. 20970
and 23004, Conditional Use Permit Nos. 162 and 163, Coastal Permit No. 103 and
Grading Permit No. 1541 for a Residential Planned Development consisting of a total of
eighty-three (83) single family dwelling units, an 18 hole public golf course and public
open space on 261.4 acres in Coastal Subregion Nos. 7 and 8; and,
WHEREAS, on August 12, 1992, after finding that an appeal of the City's
approval of the project raised substantial issue, the California Coastal Commission
denied Coastal Permit No. 103, directed the landowners to redesign the project to
address the concerns raised by the Coastal Commission Staff and remanded the
project back to the City of Rancho Palos Verdes for reconsideration; and,
WHEREAS, on December 7, 1992, the City Council of the City of Rancho Palos
Verdes adopted Resolution No. 92-115 approving the Addendum to Environmental
Impact Report No. 36 and adopted Resolution Nos. 92-116, 92-117, 92-118 and 92-119
approving Revisions to Vesting Tentative Tract Map Nos. 50666 and 50667, Tentative
Parcel Map Nos. 20970 and 23004, Conditional Use Permit Nos. 162 and 163, Coastal
Permit No. 103, and Grading Permit No. 1541 in order to address concerns raised by
the Coastal Commission with regard to adequate provisions for public open space,
public access and habitat preservation; and,
WHEREAS, on April 15, 1993, the California Coastal Commission approved
Coastal Development Permit No. A-5-RPV-93-5 (i.e. Coastal Permit No. 103), subject to
additional conditions of approval; and,
WHEREAS, on October 5, 1993, the City Council of the City of Rancho Palos
Verdes adopted Resolution No. 93-89 approving a second Addendum to Environmental
Impact Report No. 36 and adopted Resolution Nos. 93-90, 93-91, 93-92 and 93-93
respectively re-approving Vesting Tentative Tract Map Nos. 50666 and 50667,
Tentative Parcel Map Nos. 20970 and 23004, Conditional Use Permit Nos. 162 and
163, and Grading Permit No. 1541 in order to comply with a Court mandate to provide
affordable housing in conjunction with the project, pursuant to Government Code
Section 65590; and,
WHEREAS, on September 6, 1994, the City Council of the City of Rancho Palos
Verdes adopted Resolution No. 94-71 approving a third Addendum to Environmental
Impact Report No. 36 and Adopted Resolution Nos. 94-72, 94-73, 94-74, 94-75, 94-76
and 94-77, respectively, approving Revision "A" to the approved Ocean Trails project,
including, but not limited to, relocation of the golf course clubhouse from the area
southwest of the School District property to an area north of Half Way Point, locating the
golf course maintenance facility and four (4) affordable housing units southeast of the
corner of Palos Verdes Drive South and Paseo Del Mar, reducing the number of single
family residential lots from eighty-three (83) to seventy-five (75) and increasing the
height of the golf course clubhouse from thirty (30)feet to forty-eight (48) feet; and,
WHEREAS, between September 6, 1994 and December 20, 2005, the City
Council approved various other amendments to the Ocean Trails project, which is now
known as the Trump National Golf Club project; and,
WHEREAS, on February 2, 2006, the owner, V.H. Property Corp., submitted an
application requesting approval of a Variance and Coastal Permit to accommodate a
new swimming pool and spa within the Coastal Structure Setback Zone located on Lot
No. 10 of Tract No. 50667, addressed as 32045 Isthmus View Drive; and,
WHEREAS, on February 8, 2006, said application was deemed complete for
processing; and,
WHEREAS, pursuant to the provision of the California Quality Act, Public
Resources Code Section 21000 et.seq. ("CEQA"), the State's CEQA Guidelines,
California Code of Regulation, Title 14, Section 15000 et.seq., the City's Local CEQA
Guidelines, and Government Code Section 65962.5(F) (Hazardous Waste and
Substances Statement), said application for a Variance and Coastal Permit (Case No.
2006-00076) has been found to be statutorily exempt (Section 15270 - Projects Which
are Disapproved); and,
WHEREAS, on February 28, 2006, after notice issued pursuant to the provisions
of the Development Code, the Planning Commission held a public hearing to consider
the request (Case No. ZON2006-00076), at which time all interested parties were given
an opportunity to be heard and present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO
PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS
FOLLOWS:
Section 1. There are no exceptional or extraordinary circumstances or
conditions applicable to the property involved, or to the intended use of the property,
which do not apply generally to other property in the same zoning district that would
P.C. Resolution No. 2006-11
Page 2 of 4
warrant approval of the requested Variance, because: 1) the subject property is part of a
newer subdivision approved by the City, which clearly identified the Coastal Structure
Setback Zone on the Final Map which is similar to existing lots within other newer
subdivisions approved by the City that also clearly have the Coastal Structure Setback
Zone identified; 2) similar to other newer subdivisions, the subject property is also
zoned RS-1 and has a similar lot size; and 3) the City has not issued any Variances to
allow pools and spas to be located within the Coastal Structure Setback Zone for any
other RS-1 lot.
Section 2. The Variance is not necessary for the preservation and enjoyment of
a substantial property right of the Applicant because: 1) while a pool and spa are
amenities that the development thereof can be considered a substantial property right,
and which the development thereof is a right possessed by other property owners within
the RS-1 zoning district, the City has not issued any other Variances approved for pools
and spas in the Coastal Structure Setback Zone on other RS-1 zoned properties; and 2)
while the Coastal Structure Setback Zone does significantly affect the buildable area of
the subject property, there is still enough room on the subject property to accommodate
a pool and spa outside of the Coastal Structure Setback Zone as was done with other
properties under similar conditions.
Section 3. Because approval of the Variance for the requested action is not
warranted, and the requested Coastal Permit is directly related to the requested
Variance, approval of the related Coastal Permit is also not warranted.
Section 4: Any interested party may appeal this decision or any portion of this
decision to the City Council. Pursuant to Section 17.02.040.C.1.j of the Rancho Palos
Verdes Municipal Code, any such appeal must be filed with the City, in writing, and with
the appropriate appeal fee, no later than fifteen (15) days following the date of the
Planning Commission's adoption of this resolution.
Section : For the foregoing reasons, and based on the information and
findings included in the Staff Report, Minutes, and other records of proceedings, the
Planning Commission of the City of Rancho Palos Verdes hereby denies the Variance
and Coastal Permit (Case No. 2006-00076) for a proposed swimming pool and spa
within the Coastal Structure Setback Zone.
P.C. Resolution No. 2006-11
Page 3 of 4
PASSED, APPROVED, AND ADOPTED this 28th day of February 2006, by the
following vote:
AYES: Commissioners Karp, Gerstner, Perestam, Lewis, Ruttenberg, Vice Chair Knight
and Chairman Tetreault
NOES: None
ABSTENTIONS: None
ABSENT: None
24C 41 _- -� ,
Paul TeYrea6lt
Chairman
Joelcj
or
' AICP
Dire r f Planning, Bu Idi
and e Enforcement, d,
Secretary to the Planning Commission
P.C. Resolution No. 2006-
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