CC RES 2006-023RESOLUTION NO. 2006-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DENYING AN APPEAL AND THEREBY UPHOLDING THE PLANNING
COMMISSION'S DECISION TO DENY A REQUEST FOR A VARIANCE AND
COASTAL PERMIT TO ACCOMMODATE A POOL AND SPA WITHIN THE
COASTAL STRUCTURE SETBACK ZONE ON A SINGLE - FAMILY RESIDENTIAL
PROPERTY LOCATED AT 32042 ISTHMUS VIEW DRIVE (CASE NO. ZON2006-
00085).
WHEREAS, on June 1, 1992, the City Council of the City of Rancho Palos Verdes
adopted Resolution No. 92 -53, certifying Environmental Impact Report No. 36 and adopted
Resolution Nos. 92 -54, 92 -55, 92 -56 and 92 -57, respectively approving Vesting Tentative Tract
Map Nos. 50666 and 50667, Tentative Parcel Map Nos. 20970 and 23004, Conditional Use
Permit Nos. 162 and 163, Coastal Permit No. 103 and Grading Permit No. 1541 for a
Residential Planned Development consisting of a total of eighty -three (83) single family dwelling
units, an 18 hole public golf course and public open space on 261.4 acres in Coastal Subregion
Nos. 7 and 8; and,
WHEREAS, on August 12, 1992, after finding that an appeal of the City's approval of the
project raised substantial issue, the California Coastal Commission denied Coastal Permit No.
103, directed the landowners to redesign the project to address the concerns raised by the
Coastal Commission Staff and remanded the project back to the City of Rancho Palos Verdes
for reconsideration; and,
WHEREAS, on December 7, 1992, the City Council of the City of Rancho Palos Verdes
adopted Resolution No. 92 -115 approving the Addendum to Environmental Impact Report No.
36 and adopted Resolution Nos. 92 -116, 92 -117, 92 -118 and 92 -119 approving Revisions to
Vesting Tentative Tract Map Nos. 50666 and 50667, Tentative Parcel Map Nos. 20970 and
23004, Conditional Use Permit Nos. 162 and 163, Coastal Permit No. 103, and Grading Permit
No. 1541 in order to address concerns raised by the Coastal Commission with regard to
adequate provisions for public open space, public access and habitat preservation; and,
WHEREAS, on April 15, 1993, the California Coastal Commission approved Coastal
Development Permit No. A- 5- RPV -93 -5 (i.e. Coastal Permit No. 103), subject to additional
conditions of approval; and,
WHEREAS, on October 5, 1993, the City Council of the City of Rancho Palos Verdes
adopted Resolution No. 93 -89 approving a second Addendum to Environmental Impact Report
No. 36 and adopted Resolution Nos. 93 -90, 93 -91, 93 -92 and 93 -93 respectively re- approving
Vesting Tentative Tract Map Nos. 50666 and 50667, Tentative Parcel Map Nos. 20970 and
23004, Conditional Use Permit Nos. 162 and 163, and Grading Permit No. 1541 in order to
comply with a Court mandate to provide affordable housing in conjunction with the project,
pursuant to Government Code Section 65590; and,
WHEREAS, on September 6, 1994, the City Council of the City of Rancho Palos Verdes
adopted Resolution No. 94 -71 approving a third Addendum to Environmental Impact Report No.
36 and Adopted Resolution Nos. 94 -72, 94 -73, 94 -74, 94 -75, 94 -76 and 94 -77, respectively,
approving Revision "A" to the approved Ocean Trails project, including, but not limited to,
relocation of the golf course clubhouse from the area southwest of the School District property
to an area north of Half Way Point, locating the golf course maintenance facility and four (4)
affordable housing units southeast of the corner of Palos Verdes Drive South and Paseo Del
Mar, reducing the number of single family residential lots from eighty -three (83) to seventy -five
(75) and increasing the height of the golf course clubhouse from thirty (30) feet to forty -eight
(48) feet; and,
WHEREAS, between September 6, 1994 and December 20, 2005, the City Council
approved various other amendments to the Ocean Trails project, which is now known as the
Trump National Golf Club project; and,
WHEREAS, on February 2, 2006, the owner, V.H. Property Corp., submitted an
application requesting approval of a Variance and Coastal Permit to accommodate a new
swimming pool and spa within the Coastal Structure Setback Zone located on Lot No. 9 of
Tract No. 50667, addressed as 32042 Isthmus View Drive; and,
WHEREAS, on February 8, 2006, said application was deemed complete for
processing; and,
WHEREAS, pursuant to the provision of the California Quality Act, Public Resources
Code Section 21000 et.seq. ( "CEQA "), the State's CEQA Guidelines, California Code of
Regulation, Title 14, Section 15000 et.seq., the City's Local CEQA Guidelines, and
Government Code Section 65962.5(F) (Hazardous Waste and Substances Statement), said
application for a Variance and Coastal Permit (Case No. 2006 - 00085) has been found to be
statutorily exempt (Section 15270 - Projects Which are Disapproved); and,
WHEREAS, on February 28, 2006, after notice issued pursuant to the provisions of the
Development Code, the Planning Commission held a public hearing to consider the request
(Case No. ZON2006- 000851, at which time- all interested parties were given an opportunity to be
heard and present evidence; and,
WHEREAS, on February 28, 2006, the Planning Commission adopted P.C. Resolution
No. 2006 -10, denying the Applicant's request for a Variance and Coastal Permit (Case No.
2006 - 00085); and,
WHEREAS, on March 1, 2006, the Applicant filed an appeal of the Planning
Commission's decision; and,
WHEREAS, on April 4, 2006, after notice issued pursuant to the provisions of the
Development Code, the City Council held a public hearing to consider the appeal of Case No.
ZON2006- 00085, at which time all interested parties were given an opportunity to be heard and
present evidence.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1. 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 that would warrant approval of the
requested Variance, because: 1) the subject property is part of a newer subdivision approved by
the City, which clearly identified the Coastal Structure Setback Zone on the Final Map which is
Resolution No. 2006 -23
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similar to existing lots within other newer subdivisions approved by the City that also clearly
have the Coastal Structure Setback Zone identified; 2) similar to other newer subdivisions, the
subject property is also zoned RS -1 and has a similar lot size; 3) the City has not issued any
Variances to allow pools and spas to be located within the Coastal Structure Setback Zone for
any other RS -1 lot; and 4) there is still enough room on the subject property to accommodate a
pool and spa outside of the Coastal Structure Setback Zone as was done with other properties
under similar conditions.
Section 2. The Variance is not necessary for the preservation and enjoyment of a
substantial property right of the Applicant because while the Coastal Structure Setback Zone
does significantly affect the buildable area of the subject property, there is still enough room on
the subject property to accommodate a pool and spa outside of the Coastal Structure Setback
Zone as was done with other properties in the RS -1 Zone under similar conditions.
Section 3. Because the findings for the Variance cannot be made and the Variance is
denied, the related Coastal Permit is hereby denied as well.
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 City Council of the
City of Rancho Palos Verdes hereby denies the appeal and thereby upholds the Planning
Commission's decision to deny the Variance and Coastal Permit (Case No. 2006 - 00085) for a
proposed swimming pool and spa within the Coastal Structure Setback Zone.
Attest:
PASSED, APPROVED, and ADOPTED this 4th day of April 2006.
Cit; Jerk
State of California )
County of Los Angeles )ss
City of Rancho Palos Verdes )
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I. yor
I, Carolynn Petru, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above
Resolution No. 2006 -23 was duly and regularly passed and adopted by the said City Council at
a regular meeting held on April 4, 2006.
Resolution No. 2006 -23
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