PC RES 2006-021 P.C. RESOLUTION NO. 2006-21
RESOLUTION OTHE PLANNINGCOMMISSION F THE
CITY OF RANCHO PALOSVERDEVERDES DENYINGWITHOUT
PREJUDICE A TENTATIVE PARCEL MAP AND GRADING
APPROVAL AND DENYINGWITH PREJUDICE AVARIANC
(PLANNING SE NOS. SUB2003-00023 & Z 003-
051 ) FOR THE SUBDIVISION A DEVELOPED 43,547-
SQUARE-FOOT LOT INTO T ( ) LOTS A 1,344 CUBIC
YARDS OF GRADINGFOR THE CONSTRUCTION OF
NEW 5,532-SQUARE-FOOT, 2-STORY SINGLE-FAMILY
RESIDENCE ON THE NEW VACANT LT, LOCATED AT
28065 PALOS VERDES DRIVE EAST
WHEREAS, on September 18, 2003, the applicant, Juan Velasquez, submitted an
application for Planning Case Nos. SUB2003-00023 &ZON2003-00515 for a lot split for a
developed, 43,547-square-foot lot and construction of a second, 2-story single-family
residence; and,
WHEREAS, on Larch 1, 2006, the application for Planning Case Nos. SUS2003-
00023 & ZON2004-00638 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 denial of the requested tentative parcel map,
variance and grading approval would have a significant effect on the environment and,
therefore, the proposed project has been found to be statutorily exempt (Section 15270);
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 April 11, 2006, at which time all interested parties were given an opportunity to be heard
and present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION DOES HERESY FIND,
DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The Planning Commission makes the following findings of fact with
respect to the application for Tentative Parcel Map No. 60562 to subdivide the 43,547-
square-foot developed lot into two (2) lots:
A. Although the proposed Lot 1 (i.e., the developed lot) complies with the 20,000-
square-foot minimum lot size, 90-foot minimum average lot width and 120-foot
minimum average lot depth requirements of the RS-2 zoning district, the proposed
Lot 2 provides only a minimum average lot depth of 90.86', so the proposed
tentative parcel map is not consistent with the development standards of the City's
RS-2 zoning district.
B. While the City's General Plan envisions that this area would be developed at
densities of one to two homes per acre, and although the proposed subdivision of
this lot is consistent with that density, the resulting Lot 2 would be substandard
without the approval of a variance, which is contrary to a General Plan goal calling
upon the City to "encourage the development of housing in a manner which
adequately serves the needs of the present and future residents of the community."
Section 2: The Planning Commission makes the following findings of fact with
respect to the application for a variance to allow the minimum average 120-foot depth of
Lot 2 of Tentative Parcel Map No. 60562 to be reduced to 90.86 feet:
X 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. The subject property is just
under an acre in size and has been developed in the past with a 1-story single-
family residence and swimming pool located roughly at the center of the lot. While
the applicant asserts that the location of these existing improvements interferes with
the ability to provide the minimum average lot depth for Lot 2, the Planning
Commission believes that this is a self-imposed circumstance that is wholly driven
by the applicant's request to subdivide the existing lot, and that requiring a
swimming pool and/or house to be modified to provide the necessary lot depth and
setbacks as a condition of approval of such subdivision is a requirement that would
apply generally to any other similarly-situated properties subject to the same zoning
standards.
B. Such variance is not 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. Although the applicant asserts that
compliance with the minimum lot depth requirement for Lot 2 would necessitate a
substantial loss to the existing site improvements (i.e., the house and swimming
pool),the Planning Commission believes that this is a self-imposed hardship that is
wholly driven by the applicant's request to subdivide the existing lot, and that
requiring the swimming pool and/or house to be modified to provide the necessary
lot depth and setbacks as a condition of approval of such subdivision does not
deprive the applicant of any substantial property right.
C. Granting the variance will be contrary to the objectives of the General Plan-or the
policies and requirements of the Coastal Specific Plan. The General Plan land use
designation for the subject property is Residential, 1-2 DU/acre, which permits the
development and improvement of single-family residences and related accessory
P.C. Resolution No. 2006-21
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structures as the primary permitted uses. Although the General Plan envisions that
this area would be developed at densities of one to two homes per acre and the
proposed subdivision of this lot is consistent with that density, the resulting Lot 2
would be substandard,which is contrary to a General Plan goal calling upon the City
to"encourage the development of housing in a mannerwhich adequately serves the
needs of the present and future residents of the community." The property is not
located within the City's coastal zone and, as such, is not subject to the policies and
requirements of the Coastal Specific Plan.
Section 3: Given that a second single-family residence cannot be built on the
subject property without the approval of Tentative Parcel Map No. 60562 to create two (2)
separate lots, the Planning Commission is unable to consider or make any of the nine (9)
required findings from Rancho Palos Verdes Municipal Code Section 17.76.040(E)forthe
requested grading approval for 1,344 cubic yards of grading to construct a new, 5,532-
square-foot 2-story single-family residence on Lot 2 of Tentative Parcel Map No. 60562.
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 16.12.020(E),
17.64.060 and 17.76.040(H)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 ten
(10) days following April 11, 2006, the date of the Planning Commission's final action on
Tentative Parcel Map No. 60562, or fifteen (15) days following April 11, 2006, the date of
the Planning Commission's final action on the variance and/or grading approval.
Section 5: 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 denies without prejudice a
tentative parcel map and grading approval and denies with prejudice a variance(Planning
Case Nos. SUB2003-00023&ZON2003-00515)forthe subdivision of a developed 43,547-
square-foot lot into two (2) lots and 1,344 cubic yards of grading for the construction of a
new 5,532-square-foot, 2-story single-family residence on the new vacant lot, located at
28065 Palos Verdes Drive East.
P.C. Resolution No. 2006-21
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PASSED, APPROVED, AND ADOPTED this 11 th day of April 2006, by the following vote:
AYES: Commissioners Karp, Lewis, Perestam. and Ruttenberg, Vice
Chairman Gerstner and Chairman Knight
NOES: none
ABSTENTIONS: none
ABSENT: Commissioner Tetreault
Jim:Kn ij,
hair.mtn!�/
Jo 0f R 'as, AICP
D'recto of Planningt� ilding
ae Enforcement; and,
Secretary to the Planning Commission
M:\Projects\SUB2003-00023(Velasquez,28065 Palos Verdes Dr E)\2006041 1_Reso—PC.doc
P.C. Resolution No. 2006-_21
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