PC RES 2010-020 P.C. RESOLUTION NO. 2010-20
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES CONDITIONALLY
APPROVING A VARIANCE TO ALLOW 5 BRONCO DRIVE TO
REDUCE ITS LOT AREA FROM 20,000 SQUARE FEET TO A
NON-CONFORMING 17,045 SQUARE FEET AND LOT WIDTH
FROM 100.0' TO A NON-CONFORMING 72.45' (PLANNING
CASE NO. ZON2009-00434) AND A LOT LINE ADJUSTMENT
FOR 5 BRONCO DRIVE AND 27 STALLION (PLANNING CASE
NO. SUB2009-00005).
WHEREAS, on November 6, 2009, the property owners of 5 Bronco Drive and 27
Stallion Road, submitted a Lot Line Adjustment application to the Community Development
Department for review and processing. The property owner of 5 Bronco Drive also submitted an
application for a Variance to allow the exiting lot size and lot width to be reduced to. On
November 19, 2009, Staff completed the initial review of the application, at which time the
application was deemed incomplete due to missing information on the project plans; and,
WHEREAS, Staff deemed the application complete on May 11, 2010; and,
WHEREAS, on May 18, 2010, Staff mailed notices to 63 property owners within a 500
foot radius from the subject property, providing a 15-day time period for the submittal of
comments and concerns. In addition, a Public Notice was published in the Peninsula News on
May 20, 2010; 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 Variance 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 Planning Commission held a duly-noticed public hearing on
June 22, 2010, at which time all interested parties were given an opportunity to be heard and
present evidence; and,
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 application for a Variance to allow the existing lot area for 5 Bronco (20,000 square feet)
to be reduced to a non-conforming lot area (17,045 square feet) and the lot width (100.0') be
reduced to a non-conforming lot width (72.45'):
A. The Variance is warranted because there are 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. More
specifically, a portion of the Abdulla Parcel (Parcel B—27 Stallion Road) residence along
with other ancillary site improvements, including a block wall, a portion of the existing
swimming pool, and a concrete deck and wood deck, were developed on the Engeln
Parcel (Parcel A—5 Bronco Drive) with permits that were issued for the Abdulla Parcel
(Parcel B — 27 Stallion Road). The encroaching conditions are applicable to the
properties involved but do not typically apply to other properties and is an extraordinary
circumstance that is applicable to the lots. Furthermore, although Parcel A will become
non-conforming in terms of lot area and lot width, the portion of the lot that will be
conveyed is located on an extreme slope which will not affect any of the developable
area of Parcel A.
B. The Variance is 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. The property owners do not wish to incur
additional costs and/or burden to have the improvements,which include a portion of the
Abdulla's residence, swimming pool, concrete deck and wood deck, removed. Without
the lot line adjustment, the property owners would be required to remove and rebuild the
encroaching improvements on their existing property or seek other legal remedies.
Further, the improvements are fully permitted and the Variance would not affect a
substantial portion of the developable portion of the Engeln's property (5 Bronco).
C. Granting the Variance will not be materially detrimental to the public welfare or injurious
to property and improvements in the area in which the property is located. In fact,
granting the Variance to accommodate the Lot Line Adjustment would not affect the
public welfare or the property or improvements in the area due to the fact that the Engeln
Parcel (Parcel A—5 Bronco Drive) is currently developed with a single-family residence
and future development/additions would be required to be reviewed by the City Geologist
and conform to the Uniform Building Code.
D. Granting the Variance will not be contrary to the objectives of the General Plan or its
policies. The Variance would allow the existing improvements to remain and be
maintained by the property owners of the Abdulla Parcel (Parcel B—27 Stallion Road)
which is encouraged by the Urban Environment element Activity Areas Goal A, which
calls upon the City to "preserve and enhance the community's quality living environment,
to enhance the visual character and physical quality of the existing neighborhoods,and
encourage the development of housing in a manner which adequately serves the needs
of all present and future residents of the community." Furthermore, Housing Activity
Policy No. 1 states that the City should "retain the present predominance of single-family
residences found through the community, while continuing to maintain the existing
variety of housing types." The Variance would allow the lot area and lot width to be
reduced to a non-conforming status, however the Variance would not eliminate a
residential property with adequate area to build an addition that is compatible with other
homes in the surrounding neighborhood.
P.C. Resolution No. 2010-20
Page 2 of 4
Section 2: With respect to the Lot Line Adjustment, along with the findings associated
with the Variance, the Lot Line Adjustment for the Engeln Parcel (Parcel A— 5 Bronco Drive)
and Abdulla Parcel (Parcel B — 27 Stallion Road) are warranted. The Engeln Parcel and the
Abdulla Parcel will maintain the minimum required lot depths of 120'. The Abdulla Parcel will
also maintain the minimum required lot width and lot area for the RS-2 zoning district. The
Abdulla Parcel will remain conforming to the lot size and measurement requirements. The
Engeln Parcel would become non-conforming by decreasing the size of the lot from 20,000
square feet to 17,045 square feet and decreasing the lot width from 100.0' to 72.45'.
Section 3: Any interested person aggrieved by this decision or by any portion of this
decision may appeal to the City Council. Pursuant to Sections 17.02.040(C)(1)(g)of the Rancho
Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing, setting
forth the grounds of the appeal and any specific actions requested by the appellant, and
accompanied by the appropriate appeal fee, no later than fifteen (15) days following June 22,
2010, the date of the Planning Commission's final action.
Section 4: 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 conditionally approves a Variance
(Planning Case No. ZON2009-00434)to allow the lot area for 5 Bronco Road (Parcel A-Engeln
Parcel)to decrease from 20,000 square feet to 17,045 square feet and the lot width to decrease
from 100.0' to 72.45' in the RS-2 zoning district, and a Lot Line Adjustment for 5 Bronco Drive
(Parcel A - Engeln Parcel) and 27 Stallion Road (Parcel B - Abdulla Parcel) to accommodate
structures that were improved, maintained and used by the property owners of the Abdulla
Parcel on the Engeln Parcel, subject to the conditions of approval in the attached Exhibit 'A'.
PASSED, APPROVED, AND ADOPTED this 22t day of June 2010, by the following vote:
AYES: Commissioners Emenhiser, Knight, Leon, Tetreault, Vice Chairman,iTomblin
and Chairman Gerstner
NOES: Commissioner Lewis
ABSTENTIONS: None
ABSENT: None
Bill Gerstner
Chairman
Joel Ro' , AICP
Comm ni y Developrut Director
P.C. Resolution No. 2010-` 20
Page 3 of 4
EXHIBIT W
CONDITIONS OF APPROVAL FOR
PLANNING CASE NO. ZON2009-00434 & SUB2009-00005
(Engeln, 5 Bronco— Parcel A and Abdulla, 27 Stallion — Parcel B)
General Conditions:
1. The property owners for 5 Bronco Drive (Parcel A - Engeln) and 27 Stallion Road
(Parcel B - Abdulla) shall record the necessary deed transfer documents within 180
days of the date of the Planning Commission's decision, and copies of such recorded
documents shall be provided to the City of Rancho Palos Verdes, Community
Development Director.
P.C. Resolution No. 2010-20
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