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PC RES 2009-031 P.C. RESOLUTION NO. 2009-3'1 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VE DES DENYING THE APPEAL AND UPHOLDING THE HEARINGS OFFICER'S CONDITIONAL AP V! G OF A COASTAL PERMIT AND LOT LINE ADJUSTMENT (PLANNING CASE NOS. O 2008-00326 & SUB2008-00004) FOR A LOT LINE ADJUSTMENT ET EE AND AMONG FOU (4) EXISTING DEVELOPED D UNDEVELOPED PARCELS LOCATED IN THE APPEALABLE PORTION OF THE CI 'S COASTAL ZONE, LOCATED AT 3 YACHT HARBOR DRIVE AND 4194 MARITIME ROAD WHEREAS,on June 20, 2008,the applicants, Eric Johnson and Stephen and Diane Stewart, submitted an application for a Coastal Permit and Lot Line Adjustment (Planning Case Nos. ZON2008-00326 & SUB2008-00004)to allow the adjustment of the boundaries between and among four (4) existing developed and- undeveloped parcels located in the appealable portion of the City's coastal zone; and, WHEREAS, on March 9, 2009, the application for Planning Case Nos. ZON2008-00326 & SUB2008-00004 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 approval of the requested Coastal Permit and Lot Line Adjustment would have a significant effect on the environment and,therefore,the proposed project has been found to be categorically exempt (Section 15305); and, WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the Rancho Palos Verdes Hearings Officer held a duly-noticed public hearing on April 6, 2009, and April 21, 2009, at which time all interested parties were given an opportunity to be heard and present evidence; and, WHEREAS, on April 21, 2009,the Rancho Palos Verdes Hearings Officer reviewed the applicants' proposal, the required findings for the Coastal Permit and Lot Line Adjustment, Staff's responses to numerous questions raised by concerned residents and Staff's recommendation of conditional approval; and conditionally approved the requested Coastal Permit and Lot Line Adjustment, via Minute Order; and, WHEREAS, on May 5, 2009, a timely appeal of the Rancho Palos Verdes Hearings Officer's action to the Planning Commission was filed by Joe and Mary Lindorfer, Poul Gamsgaard, Steven and Debbie Hansen, Robert and Marsha Exley, Lori Meistrell, Michael and Teresa Carman, Lenee Bilski and Edward Stevens; 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 to consider the appeal of the Rancho Palos Verdes Hearings Officer's action on June 23, 2009, July 14, 2009, and July 28, 2009, at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: The Planning Commission makes the following findings of fact with respect to the appeal letter and addendum filed timely on May 5, 2009, requesting that the Planning Commission overturn the Rancho Palos Verdes Hearings Officer's conditional approval of the requested Coastal Permit and Lot Line Adjustment: A. The basis of the main appeal is that the requested action is not, in fact, a lot line adjustment, but rather a parcel map, which should be subject to the provisions of the Subdivision Map Act(SMA)and the City's Subdivision Ordinance. Government Code Section 66412(d) states that the SMA "shall be inapplicable to...[a] lot line adjustment between four or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel, and where a greater number of parcels than originally existed is not thereby created, if the lot line adjustment is approved by the local agency, or advisory agency." In this case, there are four (4) existing lots prior to the adjustment and there will be four (4) resulting lots after the adjustment. Although not quoted in the main appeal letter, Section 66412(d) goes on to state: "A local agency or advisory agency shall limit its review and approval to a determination of whether or not the parcels resulting from the lot line adjustment will conform to the local general plan, any applicable specific plan, any applicable coastal plan, and zoning and building ordinances. An advisory agency or local agency shall not impose conditions or exactions on its approval of a lot line adjustment except to conform to the local general plan, any applicable specific plan, any applicable coastal plan, and zoning and building ordinances, to require the prepayment of real property taxes prior to the approval of the lot line adjustment, or to facilitate the relocation of existing utilities, infrastructure, or easements. No tentative map, parcel map, or final map shall be required as a condition to the approval of a lot line adjustment. The lot line adjustment shall be reflected in a deed, which shall be recorded. No record of survey shall be required for a lot line adjustment unless required by Section 8762 of the Business and Professions Code." P.C. Resolution No. 2009-31 Page 2 of 10 The appellants argue that the nature of the adjustment of the existing lot lines does not arise from a situation "where the land taken from one parcel is added to an adjacent parcel." The appeal letter goes on to lay out the appellants' argument that the creation of the proposed Parcels `A', 'B', `C' and 'D' violates this provision, thereby requiring a parcel map so as to provide "due process"for the"subdivision." However, the Planning Commission finds that if the requirement that "land taken from one parcel is added to an adjacent parcel" [emphasis added] is taken to its logical extreme, any proposal to adjust lot lines between more than two (2) parcels would be subject to the SMA. However, this is directly contradicted by the opening sentence of Section 66412(d),which explicitly provides an exemption for"[a]lot line adjustment between four or fewer existing adjoining parcels." B. The appellants also object to the fact that proposed parcels are "carved out" of the current Johnson Residence property as a result of this application. The appellants "believe that establishing two parcels, one (Parcel `C') of which is a new, buildable, saleable parcel from an original single parcel is subdivision and not [a] lot line adjustment..." The appellants go on to suggest that the Planning Commission "overturn or perhaps amend the lot line [adjustment] decision by leaving the lands allocated for Parcels 'C' and `A' as the single parcel that they [currently]comprise." However, the Planning Commission disagrees with the appellants' interpretation of Section 66412(d) and believes that the creation of Parcel 'C'—or any of the four(4) resulting parcels—is not a subdivision, but a Lot Line Adjustment. As mentioned above, there are four (4) existing lots prior to the adjustment and there will be four (4) resulting lots after the adjustment. Furthermore, the types of development restrictions that the appellants desire to impose, particularly on Parcel 'C', exceed the limited authority to impose conditions upon a Lot Line Adjustment that is granted to the City under Section 66412(4). C. The appellants' addendum states that "[the] proposed project does not include providing public coastal access from Palos Verdes [Drive South]to the beach [that is] necessary for meeting the requirements for the Coastal Permit, the state code and the California Coastal Act. There is no public coastal access in close proximity to these properties." The appellants are correct in pointing out that no new access to coastal resources is proposed or provided as a part of this application. However, Section 30211 of the Coastal Act states that"[development] shall not interfere with the public's right of access to the sea where acquired through use or legislative authorization." The discussion of path and trail networks in Subregion 6 of the City's Coastal Specific Plan (p. S6-11) states that "[the] area affords private coastal access of excellent quality to both residents and [Portuguese Bend Club] members. This private access is a positive measure in controlling human exposure to the sensitive intertidal habitat in the area." As such, the City's Coastal Specific Plan envisioned that additional vertical coastal access in Subregion 6 would be detrimental to both the quality of life for area residents and the preservation of sensitive marine resources. Furthermore, pursuant to Government Code Section P.C. Resolution No. 2009-31 Page 3 of 10 66412(4), the City cannot impose a requirement for public coastal access as a condition of approval on this lot line adjustment unless such a requirement is supported by the City's Coastal Specific Plan. There is currently no public coastal access through the project site, which is a private, gated community with private streets and common areas owned.and maintained for the benefit of its residents by a homeowners' association. The private Portuguese Bend Club community was established prior to the adoption of the Coastal Act, the formation of the California Coastal Commission and the certification of the City's Coastal Specific Plan as a certified local coastal program. As such, the approval of the proposed project has no impact upon existing coastal access. Although the proposed project meets the definition of "new development" as specified in 30212(b)of the Coastal Act,the Hearings Officer found that the project should not be required to provide additional public access from Palos Verdes Drive South to the shoreline because there exists adequate public access nearby(Coastal Act, Section 30212(a)(2)). Specifically, Abalone Cove Shoreline Park(in Subregion 5) and the Trump National Golf Club (in Subregion 7) each provide public parking areas and networks of public trails, including trails down the bluff face to the shoreline. Furthermore, the Hearings Officer found that if public coastal access were to be provided as a part of this proposal, vehicles would need to use Yacht Harbor Drive to access the shoreline. At the westerly edge of the Portuguese Bend Club community, Yacht Harbor Drive traverses the easterly edge of the active Portuguese Bend landslide. As a result of constant land movement and the normal wear-and-tear of residents', members' and guests' vehicles, the roadway requires on-going repair and maintenance by the homeowners' association in order to keep it passable. Allowing public coastal access along Yacht Harbor Drive would expose the general public to increased risks associated with constant land movement and would place an unreasonable financial burden on the homeowners' association in the form of substantially increased road maintenance costs, thereby making the provision of additional public coastal access as a part of the proposed project infeasible. D. With respect to zoning and the potential for future development of the resulting parcels, the appellants' addendum states that"there remains [a question]about the issue of dual zoning of the properties and the future development standards on these properties since increasing the size of Lot 41 [i.e., proposed Parcel 'D'] in PBC East to 20,000 sq. ft. provides for a maximum of 8,000 sq ft. lot coverage [under the current RS-2 zoning], whereas PBC East is primarily [zoned] RS-5 and the average property consists of a 1,700-square-foot home on a 7,100 sq. ft. lot." The Planning Commission has recently recommended approval of a Zone Change that would change the zoning of the property at 4194 Maritime Road (i.e., Lot No.41 of Tract 16540) from RS-2 to RS-5, although this change would not necessarily include the area to be added to Lot No. 41 as a result of the proposed lot line adjustment. The Planning Commission concurs with Staff's recommendation to limit P.C. Resolution No. 2009-31 Page 4 of 10 the size of Parcel `D' to less than 16,000 square feet. The increased lot size might allow for the development of a larger single-family residence on the property than currently exists, but limiting the size of Parcel `D'to less than 16,000 square feet will result in less potential lot coverage and will preclude future subdivision of Parcel `D'. Any such future proposal to expand the existing Stewart Residence would be subject to compliance with the underlying zoning and the coastal setback limitations, and would be subject to City approval through a duly-noticed public review process. E. In summary and based upon the foregoing findings, the Planning Commission finds that the appeal is without merit and should be denied. Section 2: The Planning Commission hereby concurs with and upholds the following findings of fact made by the Rancho Palos Verdes Hearings Officer with respect to the application for a Coastal Permit associated with a Lot Line Adjustment involving the subject properties: A. The proposed development is consistent with the Coastal Specific Plan. The project site lies within an appealable portion of Subregion 6 of the City's Coastal Specific Plan. The Coastal Specific Plan lana use designations for the subject properties are Residential 1-2 DU/acre, Residential 4-6 DU/acre and Hazard Area. The Hazard Area designation corresponds to the steep bluff face of the developed property at 3 Yacht Harbor Drive. The approval of the requested Lot Line Adjustment itself will permit no additional physical development of any of the subject properties, and any future development proposal would continue to be regulated by the provisions of the City's Development Code, Coastal Specific Plan and Landslide Moratorium Ordinance. The approval of the requested Lot Line Adjustment does not create additional lots beyond those that currently exist, nor does it change the single-family residential character of the Portuguese Bend Club and Portuguese Bend Club East communities. B. The proposed development, when located between the sea and the first public road, is consistent with applicable public access and recreation policies of the Coastal Act. As discussed above, the project site lies within an appealable portion of Subregion 6 of the City's Coastal Specific Plan and is located between the sea and the first public road (i.e., Palos Verdes Drive South). Section 30211 of the Coastal Act states that"[development] shall not interfere with the public's right of access to the sea where acquired through use or legislative authorization." The discussion of path and trail networks in Subregion 6 of the Coastal Specific Plan (p. S6-11)states that "[the] area affords private coastal access of excellent quality to both residents and [Portuguese Bend Club] members. This private access is a positive measure in controlling human exposure to the sensitive intertidal habitat in the area." As such, the City's Coastal Specific Plan envisioned that additional vertical coastal access in Subregion 6 would be detrimental to both the quality of life for area residents and P.C. Resolution No. 2009-31 Page 5 of 10 the preservation of sensitive marine resources. Although the proposed project meets the definition of"new development" as specified in 30212(b) of the Coastal Act, the project should not be required to provide public access from Palos Verdes Drive South to the shoreline because there exists adequate public access nearby (Coastal Act, Section 30212(a)(2)).. Specifically, Abalone Cove Shoreline Park (in Subregion 5)and the Trump National Golf Club(in Subregion 7)each provide public parking areas and networks of public trails, including trails down the bluff face to the shoreline. Furthermore, if public coastal access were to be provided as a part of this proposal, vehicles would need to use Yacht Harbor Drive to access the shoreline. At the westerly edge of the Portuguese Bend Club community, Yacht Harbor Drive traverses the easterly edge of the active Portuguese Bend landslide. As a result of constant land movement and the normal wear-and-tear of residents', members' and guests' vehicles, the roadway requires on-going repair and maintenance by the homeowners' association in order to keep it passable. Allowing public coastal access along Yacht Harbor Drive would expose the general public to increased risks associated with constant land movement and would place an unreasonable financial burden on the homeowners' association in the form of substantially increased road maintenance costs, thereby making the provision of additional public coastal access as a part of the proposed project infeasible. The policies in Article 3 of the Coastal Act deal with the preservation and enhancement of water-oriented recreational facilities. The Portuguese Bend Club provides coastal access and recreational facilities to its residents and members and their guests, and the general public is served by nearby trails and recreational facilities in Abalone Cove Shoreline Park and at the Trump National Golf Club. The proposed project will have no impact upon these existing private and public recreational facilities. Section 3: The Planning Commission hereby concurs with and upholds the following findings of fact made by the Rancho Palos Verdes Hearings Officer with respect to the application for a Lot Line Adjustment involving the subject properties: A. Three (3)of the resulting lots comply with all applicable Zoning and Building Codes of the City, while the magnitude of the non-conformity of the fourth lot will be reduced by virtue of its increased size with the approval of this Lot Line Adjustment. Pursuant to Section 66412(d) of the Government Code, this proposal is exempt from the provisions of the Subdivision Map Act. The City Engineer reviewed and approved the lot line adjustment exhibits and legal descriptions as to form and technical accuracy. Since portions of the existing lots are zoned RS-2, RS-5 and. OH, the RS-2 development standards for lot area and lot dimensions are applied since they are the most restrictive. With respect to the consistency of the resulting lots with City codes: P.C. Resolution No. 2009-31 Page 6 of 10 i. Three (3) of the resulting lots will be at least 20,000 square feet in area (the minimum area allowed in the RS-2 zoning district); ii. Three (3)of the resulting lots will meet the average 90-foot lot width and 120- foot lot depth requirements,of the RS-2 zoning district; iii. The non-conforming lot at 4194 Maritime Road will not be made smaller in area, width or depth; rather, it will be made up to 6,847 square feet larger than its current size, thereby reducing the magnitude of its non-conformity under the current RS-2 zoning. iv. There are four (4) existing lots prior to the adjustment and there will be four (4)resulting lots after the adjustment; no additional lots will be created by the approval of the requested lot line adjustment; V. The adjusted Parcel `B'will allow the private street, maintenance building and parking lot maintained by the Portuguese Bend Club homeowners association (HOA) to be conveyed in fee to the HOA; and, vi. The adjusted Parcel `D' will correct the encroachment of a portion of the residence at 4194 Maritime Road upon the abutting property at 3 Yacht Harbor Drive. B. No additional physical development of any of the subject properties would result from the approval of the requested Lot Line Adjustment, nor would any of the underlying zoning change for any of the subject properties. In addition, the future use and/or development of those portions of proposed Parcels `A', `6' and `C' that fall within the City's Landslide Moratorium Area would continue to be limited pursuant to the City's Landslide Moratorium Ordinance. 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 16.08.020(6) and 17.72.100(13)of the Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing, no later than fifteen (15) days following July 28, 2009, the date of the Planning Commission's final action. Pursuant to Section 17.72.100(E)of the Rancho Palos Verdes Municipal Code, the fee for such appeal shall be waived. Section 5: For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes and other records of proceedings of the Rancho Palos Verdes Hearings Officer and the Planning Commission,the Planning Commission of the City of Rancho Palos Verdes hereby denies the appeal and upholds the Hearings Officer's conditional approving of a Coastal Permit and Lot Line Adjustment (Planning Case Nos. ZON2008-00326 & SUB2008-00004) for a Lot Line Adjustment between and among four (4) existing developed and undeveloped parcels located in the appealable P.C. Resolution No. 2009-31 Page 7 of 10 portion of the City's Coastal Zone, located at 3 Yacht Harbor Drive and 4194 Maritime Road, subject to the conditions of approval in the attached Exhibit W. PASSED,APPROVED,AND ADOPTED this 28th day of July 2009, by the following vote, AYES: Commissioners Perestam, Ruttenberg and Tetreault, Vice Chairman Gerstner NOES: Chairman Lewis ABSTENTIONS: Commissioner Tomblin ABSENT: Commissioner Knight RECUSALS: none r'ey LeAfs' Chairman U. Joel �qras, 1CP 'o D Direct t( 0� lanning, u" ing and C de forcement; and, oi Secretodo the Planning Commission P.C. Resolution No. 2009- 31 Page 8 of 10 EXHI IT W CONDITIONS OF APPROVAL FOR PLANNING CASE NOS. Z 2008-00326 & SU 2008-00004 (Johnson-Stewart, 3 Yacht Harbor Drive & 4194 MaritimeRoad) General Conditions: 1. Prior to the submittal of final plans and exhibits for review prior to recordation, the applicant and the property owners shall submit to the City a statement, in writing, that they have read, understand, and agree to all conditions of approval contained in this Resolution. Failure to provide said written statement within ninety(90) days following date of this approval shall render this approval null and void. 2. Approval of this permit shall not be construed as a waiver of applicable and appropriate zoning regulations, or any Federal, State, County and/or City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Rancho Palos Verdes Municipal Code shall apply. 3. This approval to allow a Lot Line Adjustment between and among four (4) existing developed and undeveloped parcels located in the appealable portion of the City's coastal zone, namely the developed properties commonly known as 3 Yacht Harbor Drive and 4194 Maritime Road and two (2)undeveloped parcels(Assessor's Parcel Nos. 7572-022-048 and 7572-022-051). The Director of Planning, Building and Code Enforcement is authorized to make minor modifications to the approved plans and any of the conditions of approval if such modifications will achieve substantially the same results as would strict compliance with the approved plans and conditions. Otherwise, any substantive change to the project shall require approval of a revision to the Coastal Permit and/or Lot Line Adjustment by the Planning Commission and shall require new and separate environmental review. 4. 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-2 district development standards of the City's Municipal Code and the City's Coastal Specific Plan. 5. 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. 6. If the project has not been established (i.e., final plans and exhibits have not been submitted for recordation) within one (1) year of the final effective date of the Planning Commission's decision, approval of the lot fine adjustment and coastal P.C. Resolution No. 2009-31 Page 9 of 10 permit shall expire and be of no further effect unless, prior to expiration, a written request for extension is filed with the Department of Planning, Building and Code Enforcement and approved by the Planning Commission. Otherwise, a new application for a Coastal Permit and/or Lot Line Adjustment must be approved prior to recordation of the necessary legal instruments to effectuate this transfer of property. 7. In the event that any of these conditions conflict with the recommendations and/or requirements of another permitting agency or City department, the stricter standard shall apply. 8. Unless otherwise designated in these conditions, all construction shall be completed in substantial conformance with the plans stamped APPROVED by the City with the effective date of this approval. Coastal Permit Conditions: 9. The approval, execution and recordation of this Lot Line Adjustment shall not interfere with the public's right to use the portion of the public right-of-way of Palos Verdes Drive South that abuts the subject properties, including the existing trail located within the parkway of Palos Verdes Drive South between the existing perimeter fence and the eastbound travel lane of Palos Verdes Drive South. Lot Line Adjustment Conditions: 10. The adjusted lot sizes approved pursuant to this Lot Line Adjustment shall be as follows: Lard Area Before After Parcel 1 Parcel 3, PM 17161 798,658 SF Parcel 'A' >580,785 SF Parcel 2 Lot 2, TR 22635 4,650 SF Parcel 'B' 109,616 SF Parcel 3 Lot 5, TR 22635 7,573 SF Parcel 'C' 125,632 SF Parcel 4 Lot 41, TR 16540 9,152 SF Parcel `D' <16,000 SF Total 820,033 SF Total 820,033 SF 11. Concurrent with the execution and recordation of this Lot Line Adjustment, the applicant shall execute and record covenants to the titles of Parcels 'B' and 'C' so as to ensure that the applicable conditions of approval forthe landscape plan forthe residence at 3 Yacht Harbor Drive—related specifically to the perimeter fence along Palos Verdes Drive South, the maintenance of landscaping and quarterly brush clearance on the so-called "rock mesa" area—shall be binding upon subsequent owners and/or successors in interest to said Parcels 'B' and 'C'. M:\Projects\SUB2008-00004(Johnson-Stewart,3 Yacht Harbor Dr-4194 Maritime Dr)\PC Resolution 2009-31.doc P.C. Resolution No. 2009-31 Page 10 of 10