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PC RES 2006-021 P.C. RESOLUTION NO. 2006-21 RESOLUTION OTHE PLANNINGCOMMISSION F THE CITY OF RANCHO PALOSVERDEVERDES DENYINGWITHOUT PREJUDICE A TENTATIVE PARCEL MAP AND GRADING APPROVAL AND DENYINGWITH PREJUDICE AVARIANC (PLANNING SE NOS. SUB2003-00023 & Z 003- 051 ) FOR THE SUBDIVISION A DEVELOPED 43,547- SQUARE-FOOT LOT INTO T ( ) LOTS A 1,344 CUBIC YARDS OF GRADINGFOR THE CONSTRUCTION OF NEW 5,532-SQUARE-FOOT, 2-STORY SINGLE-FAMILY RESIDENCE ON THE NEW VACANT LT, LOCATED AT 28065 PALOS VERDES DRIVE EAST WHEREAS, on September 18, 2003, the applicant, Juan Velasquez, submitted an application for Planning Case Nos. SUB2003-00023 &ZON2003-00515 for a lot split for a developed, 43,547-square-foot lot and construction of a second, 2-story single-family residence; and, WHEREAS, on Larch 1, 2006, the application for Planning Case Nos. SUS2003- 00023 & ZON2004-00638 was 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 the denial of the requested tentative parcel map, variance and grading approval would have a significant effect on the environment and, therefore, the proposed project has been found to be statutorily exempt (Section 15270); and, WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly-noticed public hearing on April 11, 2006, at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE PLANNING COMMISSION DOES HERESY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: The Planning Commission makes the following findings of fact with respect to the application for Tentative Parcel Map No. 60562 to subdivide the 43,547- square-foot developed lot into two (2) lots: A. Although the proposed Lot 1 (i.e., the developed lot) complies with the 20,000- square-foot minimum lot size, 90-foot minimum average lot width and 120-foot minimum average lot depth requirements of the RS-2 zoning district, the proposed Lot 2 provides only a minimum average lot depth of 90.86', so the proposed tentative parcel map is not consistent with the development standards of the City's RS-2 zoning district. B. While the City's General Plan envisions that this area would be developed at densities of one to two homes per acre, and although the proposed subdivision of this lot is consistent with that density, the resulting Lot 2 would be substandard without the approval of a variance, which is contrary to a General Plan goal calling upon the City to "encourage the development of housing in a manner which adequately serves the needs of the present and future residents of the community." Section 2: The Planning Commission makes the following findings of fact with respect to the application for a variance to allow the minimum average 120-foot depth of Lot 2 of Tentative Parcel Map No. 60562 to be reduced to 90.86 feet: X 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. The subject property is just under an acre in size and has been developed in the past with a 1-story single- family residence and swimming pool located roughly at the center of the lot. While the applicant asserts that the location of these existing improvements interferes with the ability to provide the minimum average lot depth for Lot 2, the Planning Commission believes that this is a self-imposed circumstance that is wholly driven by the applicant's request to subdivide the existing lot, and that requiring a swimming pool and/or house to be modified to provide the necessary lot depth and setbacks as a condition of approval of such subdivision is a requirement that would apply generally to any other similarly-situated properties subject to the same zoning standards. B. Such variance is not necessary for the preservation and enjoyment of a substantial property right of the applicant, which right is possessed by other property owners under like conditions in the same zoning district. Although the applicant asserts that compliance with the minimum lot depth requirement for Lot 2 would necessitate a substantial loss to the existing site improvements (i.e., the house and swimming pool),the Planning Commission believes that this is a self-imposed hardship that is wholly driven by the applicant's request to subdivide the existing lot, and that requiring the swimming pool and/or house to be modified to provide the necessary lot depth and setbacks as a condition of approval of such subdivision does not deprive the applicant of any substantial property right. C. Granting the variance will be contrary to the objectives of the General Plan-or the policies and requirements of the Coastal Specific Plan. The General Plan land use designation for the subject property is Residential, 1-2 DU/acre, which permits the development and improvement of single-family residences and related accessory P.C. Resolution No. 2006-21 Page 2 of 4 structures as the primary permitted uses. Although the General Plan envisions that this area would be developed at densities of one to two homes per acre and the proposed subdivision of this lot is consistent with that density, the resulting Lot 2 would be substandard,which is contrary to a General Plan goal calling upon the City to"encourage the development of housing in a mannerwhich adequately serves the needs of the present and future residents of the community." The property is not located within the City's coastal zone and, as such, is not subject to the policies and requirements of the Coastal Specific Plan. Section 3: Given that a second single-family residence cannot be built on the subject property without the approval of Tentative Parcel Map No. 60562 to create two (2) separate lots, the Planning Commission is unable to consider or make any of the nine (9) required findings from Rancho Palos Verdes Municipal Code Section 17.76.040(E)forthe requested grading approval for 1,344 cubic yards of grading to construct a new, 5,532- square-foot 2-story single-family residence on Lot 2 of Tentative Parcel Map No. 60562. Section 4: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council. Pursuant to Sections 16.12.020(E), 17.64.060 and 17.76.040(H)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 ten (10) days following April 11, 2006, the date of the Planning Commission's final action on Tentative Parcel Map No. 60562, or fifteen (15) days following April 11, 2006, the date of the Planning Commission's final action on the variance and/or grading approval. Section 5: 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 without prejudice a tentative parcel map and grading approval and denies with prejudice a variance(Planning Case Nos. SUB2003-00023&ZON2003-00515)forthe subdivision of a developed 43,547- square-foot lot into two (2) lots and 1,344 cubic yards of grading for the construction of a new 5,532-square-foot, 2-story single-family residence on the new vacant lot, located at 28065 Palos Verdes Drive East. P.C. Resolution No. 2006-21 Page 3 of 4 PASSED, APPROVED, AND ADOPTED this 11 th day of April 2006, by the following vote: AYES: Commissioners Karp, Lewis, Perestam. and Ruttenberg, Vice Chairman Gerstner and Chairman Knight NOES: none ABSTENTIONS: none ABSENT: Commissioner Tetreault Jim:Kn ij, hair.mtn!�/ Jo 0f R 'as, AICP D'recto of Planningt� ilding ae Enforcement; and, Secretary to the Planning Commission M:\Projects\SUB2003-00023(Velasquez,28065 Palos Verdes Dr E)\2006041 1_Reso—PC.doc P.C. Resolution No. 2006-_21 Page 4 of 4