PC RES 2009-036 P.C. RESOLUTION NO. 2009-36
RESOLUTION F THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES REVISING THE I T 9
INTERPRETATION OF WHAT MAPS TO USE FOR CONFIRMING THE
LOCATION OF THE CITY'S COASTAL SETBACK LINE ON
INDIVIDUAL E TI IT I THE COASTAL ZONE.
WHEREAS, the Coastal Zone boundary within the City and the entire State was
created by the California Coastal Commission as part of the implementation of the
State's Coastal Act, which was enacted in 1976; and,
WHEREAS, in preparation of the City's Coastal Specific Plan, a comprehensive
geologic study of the City's coastal region was prepared, which segmented the City's
Coastal Zone into separate geologic categories that defined where development was
suitable and where it was not, resulting in the establishment of the Coastal Setback
Line. The geologic study is titled, "Geologic Factors Related to a Coastal Set-Back
Zone for the City of Rancho Palos Verdes, California" prepared by Earth Sciences
Associates (ESA) in 1976, which contain geologic maps that specifically identify a 25'
required setback landward of the Coastal Setback Line; and,
WHEREAS, the comprehensive geologic report titled "Geologic Factors Related
to a Coastal Set-Back Zone for the City of Rancho Palos Verdes, California" by Earth
Sciences Associates (ESA) was used to prepare the City's Coastal Specific Plan, which
was adopted by the California Coastal Commission; and,
WHEREAS, the Development Code, which implements the Coastal Permit
procedures for the Coastal Specific Plan, established two separate "Zones" on either
side of the Coastal Setback Line whereby the area seaward of the Coastal Setback Line
is called the "Coastal Setback Zone" and the areas twenty-five feet (25') landward of the
Coastal Setback Line is called "Coastal Structure Setback Zone"; and,
WHEREAS, Staff has historically utilized the geologic maps prepared by ESA
(referenced above) in discerning the precise location of the Coastal Setback Line on
private property; and,
WHEREAS, on May 24, 2007, Brian Conroy, owner of property located at 24 Sea
Cove Drive, submitted a request for a formal interpretation (Case No. ZON2007-00253)
requesting Staff's basis for establishing the location of the Coastal Setback Line for his
property at 24 Sea Cove Drive and on properties within the City's Coastal Zone; and,
WHEREAS, on ,tune 21, 2007, the Director of Planning, Building and Code
Enforcement issued a formal Interpretation regarding how to interpret the City's maps
for determining the most precise location of the Coastal Setback Line on private
properties, which in cases of uncertainty or ambiguity resulting from the Specific Plan
Maps to establish the location of the Coastal Setback Line on individual properties
1171511 P.C. Resolution No. 2009-36
Page 1
within the Coastal Zone, then the maps that accompany the report titled, "Geologic
Factors Related to a Coastal Set-Back Zone for the City of Rancho Palos Verdes,
California" prepared by Earth Sciences Associates (ESA) in 1976 and referenced in the
appendix to the City of Rancho Palos Verdes Coastal Specific Plan shall be used; and,
WHEREAS, on July 3, 2007, Mr. and Mrs. Conroy, through their attorney, Scott
Campbell, submitted an appeal of the Director's formal Interpretation and requested that
the appeal hearing be conducted at the August 14, 2007 meeting, thereby relinquishing
their right to a hearing within 30 days of their appeal; and,
WHEREAS, after the hearing was duly noticed, the Conroy's notified Staff that
they would like to exercise their option of accepting Staffs determination of the Coastal
Setback Line and instead process the Variance and Coastal Permit applications
(ZON2007-00046) in an attempt to legalize the illegal construction, and requested that
their Interpretation Procedure appeal be held in abeyance; and,
WHEREAS, the Planning Commission tabled the appeal hearing on August 14,
2007 to allow the property owner time to process the applications associated with Case
No. ZON2007-00046; and,
WHEREAS, on December 11, 2008, the Planning Commission considered Case
No. ZON2007-00046 for a Coastal Permit and Variance, but continued the public
hearing to the February 24, 2009 meeting to allow Staff to investigate additional code
violation allegations against the applicant that were raised by a neighbor, and present
Staff's interpretation decision (i.e., this appeal) at the same time as the Variance
request, thereby allowing the Planning Commission the opportunity first hear the use
determination regarding the location of the Coastal Setback Line, and if necessary hear
the Variance request for the after-the-fact improvements in the rear yard; and,
WHEREAS, on February 5, 2009, the City mailed notices of the pending
Planning Commission hearing to 67 property owners within a 500-foot radius from the
subject property, the Coastal Commission, and to the West Portuguese Bend
Community Association, and published a notice in the Peninsula News on February 5,
2009; and,
WHEREAS, after notice issued pursuant to the provisions of the Rancho Palos
Verdes Municipal Code, the Planning Commission conducted a public hearing on
February 24, 2009, at which time all interested parties were given an opportunity to be
heard and present evidence regarding the appeal of Case No. ZON2007-00253.
WHEREAS, on February 24, 2009, the Planning Commission tabled the appeal
hearing at the request of the appellant; and,
WHEREAS, on August 20, 2009, the City mailed notices of the pending Planning
Commission hearing to 67 property owners within a 500-foot radius from the subject
1171511 P.C. Resolution No. 2009-36
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property, the Coastal Commission, and to the West Portuguese Bend Community
Association, and published a notice in the Peninsula News on August 20, 2009; and,
WHEREAS, after notice issued pursuant to the provisions of the Rancho Palos
Verdes Municipal Code, the Planning Commission conducted a public hearing on
September 8, 2009, at which time all interested parties were given an opportunity to be
heard and present evidence regarding the appeal of Case No. ZON2007-00253;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS
FOLLOWS:
Section 1: The Planning Commission finds that the large scale Zoning Map
and the Maps that are set forth in the City's Local Coastal Plan cannot be relied upon to
accurately determine the location of the Coastal Setback Line on individual properties
and recommends that the City Council and Coastal Commission amend the situation.
Section 2: However because the Local Coastal Plan does not currently specify
the process and maps that will be used to determine the location of the Coastal Setback
Line on individual properties, the Planning Commission concurs that due to the variation
in the location of the Coastal Setback Line on different City maps, until the issue can be
further clarified by amending the Local Coastal Plan, the location of the Coastal Setback
Line on properties shall be based on a site-specific geology study and the Coastal
Specific Plan Map.
Section 3: Any interested person aggrieved by this decision or by any portion
of this decision may appeal to the City Council. Pursuant to Chapter 17.80 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 September 23, 2009.
1171511 P.C. Resolution No. 2009-36
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PASSED, APPROVED, AND ADOPTED this 8t" day of September 2009, by the
following vote:
AYES: Gerstner, Perestam, Ruttenberg, Tetreault
NOES: Knight, Lewis
ABSTENTION: Tomblin
ABSENT: None
RECUSALS: None
,�eWis
Cairman C a
Joel Roja , ACP
,t(
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Direc )r f P1 nning, L)Wng
r
and Cod En rcement; and,
Secretary to the Planning Commission
1171511 P.C. Resolution No. 2009-36
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