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PC RES 2002-020P.C. RESOLUTION NO. 2002-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES RECOMMENDING THAT THE CITY COUNCIL APPROVE VARIANCE NO. 489 TO ALLOW THE CONSTRUCTION OF A POOL FACILITY WITHIN THE CITY'S DESIGNATED COASTAL SETBACK ZONE IN CONNECTION WITH THE DEVELOPMENT OF THE LONG POINT RESORT HOTEL PROJECT, ON PROPERTY LOCATED AT 6610 PALOS VERDES DRIVE SOUTH. WHEREAS, at the time the Planning Commission considered the applicant's (Destination Development Corporation) request for Conditional Use Permit No. 215, Grading Permit No. 2229, Coastal Development Permit No 166 and Tentative Parcel Map No. 26073 to allow construction of a 550 -room (400 guest rooms and 50-3 keyed casitas) resort hotel and conference center, 32 private villas, and a nine hole golf course, the Commission conditioned the project requiring the applicant submit a Variance application to allow the construction of the lower pool facility within the Coastal Setback Zone, as reflected in P.C. Resolution No. 2001-38, Condition No. 29; and, WHEREAS, on June 6, 2002, the applicant submitted Variance No 489 to the Planning Department to allow the encroachment of the proposed lower pool facility within the City's designated Coastal Setback Zone; and, WHEREAS, the City analyzed the Project's potential impacts on the environment in accordance with the California Environmental Quality Act ("CEQA") (Cal. Pub. Res. Code §21000 et seq ), the State CEQA Guidelines (the "Guidelines") (14 Cal. Code Regs. §15000 et seq.) promulgated with respect thereto, and the City's local CEQA Guidelines and determined that an Environmental Impact Report needs to be prepared to address project related impacts to the surrounding environment. In accordance to the CEQA guidelines, an EIR was prepared and circulated for public comments; and, WHEREAS, on May 7, 2002, the City Council held a duly noticed public hearing to consider, among other things, certification of the Final EIR for the Long Point project; and, WHEREAS, at its May 7, 2002 meeting, the City Council, after reviewing the EIR documentation completed for the Initial Project and relying on the review process completed through the Planning Commission's hearings on the EIR, adopted Resolution No. 2002-34, thereby certifying the project EIR and making certain environmental impacts; and, P C. Resolution No. 2002-20 August 13, 2002 Page 1 of 5 WHEREAS, on July 9, 2002, the Planning Commission was to open the duly -noticed public hearing to consider the applicant's variance request to allow the construction of a lower pool facility within the Coastal Setback Zone However, due to a lack of quorum, the Commission rescheduled the meeting to its July 23, 2002 meeting, and, WHEREAS, on July 23, 2002, the Planning Commission opened the public hearing on the applicant's variance request, and after considering public testimony and reviewing the revised project plans, the Commission approved the concept of the building layout, but continued the public hearing to its August 13, 2002 meeting for further information regarding the geologic feasibility of the site, and, WHEREAS, on July 31, 2002, the City's Geotechnical Engineer, after reviewing the applicant's geotechnical reports and observing the auger borings, determined that the project location is geologically feasible, and, WHEREAS, on August 13, 2002, the Planning Commission continued the public hearing discussion on the applicant's variance request. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS Section 1 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 because according to the City's General Plan Land Use Policy Map and the City's Zoning Map, the subject property is located in an area designated as a Commercial Recreational (CR) zoning district. Pursuant to Section 17.22 010 of the Rancho Palos Verdes Municipal Code (RPVMC), this district is intended to provide entertainment and recreational activities which are of commercial nature Furthermore, the subject property is located within the appealable portion of the City's Coastal District, and is therefore subject to the requirements stated in the City's Coastal Specific Plan, which refers to the subject property as an "attractor/generator" region because of its characteristics of being accessible, or at least partially accessible, to the vast majority of the public living within and outside the Peninsula The subject property is unique to other properties within the City in that it is the only property zoned for commercial use that is intended for such entertainment or recreational activities Furthermore, it is the only commercially zoned property within the City's Coastal District designated for entertainment or recreational activities. The unique location of the subject property and its zoning designation coupled with the City's development requirements that state the property must be developed in a manner that provides amenities for the benefit of the general public results in extraordinary circumstances or conditions that are applicable to the intended use of the property that do not generally apply to other properties Therefore, creating development constraints that are not typically associated with other P C Resolution No. 2002-20 August 13, 2002 Page 2 of 5 development projects located within a commercial zoning district. It is because of these unique circumstances and constraints that the Commission believes that the proposed project does warrant a Variance for relief from the Development Code's strict requirements for constructing within the Coastal Setback Zone Section 2. 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 in that there are other properties located within the City's Coastal Setback Zone that are located in geologically stable areas of the coastal district and are developed with a swimming pool At the time the City's Coastal Specific Plan was adopted, the Coastal Setback Line was delineated along the coastal region of the entire City based on available geologic information In response to the establishment of the Coastal Setback Line and concerns regarding the intrusion of development onto areas of geologic concern, as well as sensitive coastal bluff -tops, Section 17 72 040(C) of the RPVMC was written so that all new structures or uses located within the Coastal Setback Zone are prohibited, including but not limited to slabs, walkways, decks six inches or more in height, walls or structures over 42 inches in height, fountains, irrigation systems, pools, spas, architectural features, vertical supports, chimneys, and grading involving 20 cubic yards or more Based on this Code requirement, the proposed lower pool facility would not be permitted However, the delineation of the Coastal Setback Line within the area which the lower pool facility is proposed creates a condition that prevents the current property owner from enjoying a property right other property owners enjoy because the delineation of the Coastal Setback Line within this area has been determined to not truly reflect the site's ability to sustain development in that the City's geotechnical Engineer, after reviewing the applicant's geotechnical reports, determined that the site is geologically feasible to accommodate the proposed development. Therefore, the Commission finds that this finding can be made in that restrictions imposed by the Coastal Setback Zone prohibits the property owner of a right that is enjoyed by other property owners in the Coastal Setback Zone Section 3 The granting of 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 because in terms of visibility, the proposed structure will not be visible from neighboring properties because of the unique topography that surrounds the pad area, thereby creating an isolated condition caused by the Pacific Ocean to the southeast and the coastal bluffs along the seaward edge of the property In terms of geology, the lower pool facility is proposed to be located within the Coastal Setback Zone, which was established based on geologic information to prevent the construction of structures that may be too close to the top of marginally stable slopes or cliffs As such, the project required the analysis of additional geologic studies to determine the geologic feasibility of constructing such a structure within the Coastal Setback Zone On July 31, 2002, the City's Geotechnical Engineer determined that the site is geologically feasible to accommodate the construction of the lower pool facility P.C. Resolution No. 2002-20 August 13, 2002 Page 3 of 5 The City's Geotechnical Engineer's determination was based on the review of the applicant's geotechnical reports, as well as a site visit to observe the two 24 -inch diameter auger borings. According to the City's Geotechnical Engineer, the location of the proposed lower pool facility is underlain by intact basalt bedrock. Furthermore, the results of the slope stability analysis indicate that the proposed structure will be located in an area where the factor of safety exceeds 1 5 Therefore, the City's Geotechnical Engineer determined that the proposed lower pool facility is feasible from a geotechnical point of view In terms of public safety, because the proposed lower pool facility is located in a very isolated area, with limited public visibility, a condition has been imposed on the project that requires the regular patrol of the area surrounding the lower pool facility, as well as the nearby shore, by the resort hotel's on -duty security personnel during public access hours, as specified in the RPVMC Section 12 16 030 Therefore, with the imposition of the appropriate conditions, this finding can be made in that granting the variance will not be detrimental to the public's welfare nor the character of the surrounding properties or improvements Section 4. The granting of the Variance will not be contrary to the objectives of the General Plan or the policies and requirements of the Coastal Specific Plan in that the City's General Plan Land Use Policy Map designates the subject property as Commercial/Recreational, which permits the operation of commercial activities that serve the general public. Furthermore, the City's Zoning Map designates the majority of the project site as Commercial Recreational (CR), while the remaining portion of the property, consisting of the coastal bluffs, is designated as the Open Hazard (OH) zoning district. According to Chapter 17.22 of the RPVMC, which defines the allowable uses in the CR zoning district, the proposed resort hotel, golf academy, public access trails and park area, and related ancillary structures and uses is permitted with a conditional use permit. Notwithstanding, the Natural Environment Element of the General Plan defines a Sea Cliff Hazard Zone as the area from the base of the ocean side cliff, extending inland to a point where a line formed by a 20 -degree angle from the horizontal plane at the base of a cliff or bluff would extend out to the surface This zone has been identified in this manner due to the fact that a soil mass, according to its composition, stabilizes at various angles of repose Some structurally stable soils may have relative steep angles of repose, whereas other more unstable soils have very low angles of repose In order to ensure that all varying conditions of sea cliff erosion are addressed, the General Plan states that detailed engineering/geologic studies must be required with any proposed development to demonstrate the site's stability and suitability for development. The General Plan also states that the development setback dimension from the sea cliff edge or bluff top in any given area of the Coastal District should take into account the local geologic conditions and should be judged on an individual basis As such, the applicant's geotechnical reports have been reviewed by the City's Geotechnical Engineer, who has determined that the location of the lower pool facility is feasible from a geotechnical point of view With regards to the City's Coastal Specific Plan, the proposed resort hotel and golf P C. Resolution No. 2002-20 August 13, 2002 Page 4 of 5 academy is consistent with the permitted uses specified by the Plan According to the policies set forth in the Coastal Specific Plan, the development of the project site must be completed in a manner that provides adequate public amenities, such as coastal bluff -top trails, throughout the property The construction of the lower pool facility in this area will provide an added public amenity to the resort hotel project because of its close proximity to the shore and the coastal access trails. Furthermore, the pool facility will provide the general public with an adequate seating and viewing area, access to the pool kitchen/bar area, outdoor showers, restroom facilities, and a drinking fountain. Furthermore, the footprint of the lower pool facility will not result in the obstruction of ocean views, but rather serve as a viewing area from the public section A project condition requires the facility and pool fencing to be plotted in a manner that secures the pool area and is constructed with materials that will not obstruct views. As for the American Disabilities Act (ADA), a project condition requires the lower pool facility to be designed in accordance to the ADA requirements. This will ensure that the pool facility can be adequately accessed by those with special needs who may be using the Coastal Access Trails Therefore, this finding can be made because with the imposition of the appropriate conditions, the lower pool facility structure will result in an added benefit to the general public, as specific by the Coastal Specific Plan and the General Plan. Section 5. Based upon the evidence presented in the record, the findings set forth in Sections 1 through 4, inclusive, of this Resolution, and the FEIR, the Planning Commission hereby recommends that the City Council approve Variance No. 489 subject to the conditions set forth in Exhibit "A," attached hereto and incorporated herein by this reference. PASSED, APPROVED, AND ADOPTED this 13th day of August, 2002, by the following vote AYES: Chairman Cartwright, Vice -Chairman Long, and Commissioners Lyon and Mueller NOES None ABSTENTION: None ABSENT: Commissioners Cote and Duran -Ree � J VnC_artwngght Chairman Joe Roj s,AICP Dire Utor f Planning, Buil ing al and Enforceme ,and, Secretary to the Planning Commission P.C. Resolution No. 2002-20 August 13, 2002 Page 5 of 5 EXHIBIT "All CONDITIONS OF APPROVAL VARIANCE NO. 489 The conditions set forth herein shall approval being considered by the City Use Permit No. 215, Grading Permit No and Coastal Permit No. 166. be incorporated into the conditions of Council in association with Conditional 2229, Tentative Parcel Map No. 26073, 2 Said approvals shall permit the construction of the lower pool facility within the City's designated Coastal Setback Zone Any future improvements to the lower pool facility shall require the review and approval of a Variance and Coastal Permit revision by the City Council. 3 The lower pool facility shall be constructed in substantial compliance with the plans reviewed and approved by the Planning Commission on the effective date of the adoption of these conditions. 4 The public section of the lower pool facility which consists of public restroom facilities and a viewing deck area, as shown on the plans approved by the Planning Commission on the effective date of the adoption of these conditions, shall be open and made available to the general public during City park hours, as specified in the Rancho Palos Verdes Municipal Code (RPVMC) 5. All fencing surrounding the lower pool facility, including pool and spa security fencing, shall be constructed in a manner that meets the minimum fence standards for pool safety and minimizes a view impairment of the coastline 6. The public section of the lower pool facility shall be improved with the following amenities• a. Outdoor tables and seating b. Separate men and women public restroom and changing facilities c Planter boxes with tress that provide shaded seating areas d Access to the kitchen/bar facility e Viewing telescopes f Outdoor showers 9 Drinking water fountain Said facilities shall be approved by the City Council in association with the review of the Public Amenities Plan. 7 The lower pool facilities, including the access trails to said facilities from the public parking lot located on the resort hotel site, shall be constructed in compliance with all standards established by the Americans with Disabilities Act Exhibit "N' P.C. Resolution No. 2002-20 August 13, 2002 Page 1 of 2 (ADA), without regard to any exemptions that the ADA may provide for said public trails and facilities. 8 The resort hotel shall provide regular patrols of the area surrounding the lower pool facility and the nearby shore, with its on -duty security personnel during public park access hours, as specified in the RPVMC. 9 The proposed pool and spa shall be double lined and shall contain a leak detection system approved by the City's Building and Safety. 10. The proposed grading shall be in substantial conformance with the grading quantities being considered by the City Council in association with Grading Permit No. 2229. 11. The City's Geotechnical Consultant shall review the project in the "plan check" stage to determine whether further reports and investigation shall be required prior to issuance of building permits. Exhibit "A" P.C. Resolution No. 2002-20 August 13, 2002 Page 2 of 2