PC RES 2006-047 P.C. RESOLUTION NO. 2006-47
RESOLUTION THE PLANNING COMMISSION F THE
CITY OF RANCHO PALPALOS VERDESDENYING THE
KHAKWANI APPEAL, DISMISSING THE RANSOM APPEAL
AS UNTIMELY,AN PH L IN THE DIRECTOR'S MA ,
2006, DETERMINATION REGARDINGTHE REQUEST FOR
CERTIFICATES OF COMPLIANCE FORTHIRTEEN (1 )
ESSOR'S PARCELS LOCATED WE T OF
HAWTHORNHAWTHORNE BOULEVARDT T
DRIVE ("ELKMONT CANYON")
WHEREAS, on February 17, 2006, the applicant/appellant, Abdul Aziz Khakwani,
submitted thirteen (13) certificate of compliance applications (Planning Case Nos.
SUB2006-00004 through SUB20006-00016) for thirteen (13) Assessor's Parcels in
Elkmont Canyon with the intention of proving that these Assessor's Parcels were each
separate legal lots; and,
WHEREAS, the City Engineer and the City Attorney reviewed the applications and
other supporting documents and material related to the applications for the thirteen (13)
certificates of compliance; and,
WHEREAS, on May 2, 2006, based upon the review and analysis conducted by the
City Engineer and City Attorney,the Director of Planning, Building and Code Enforcement
determined that the applicant/appellant was entitled to a single conditional certificate of
compliance for all thirteen (13) Assessor's Parcels as one (1) combined legal lot, rather
than thirteen (13) separate certificates of compliance as requested; and,
WHEREAS, on May 17, 2006, Mr. Khakwani filed a timely written appeal of the
Director's determination, accompanied by the required appeal fee; and,
WHEREAS, on May 18, 2006, Sonia Ransom filed an untimely written appeal of the
Director's determination on behalf of Stratus Commercial, a potential purchaser of the
Elkmont Canyon parcels, which was not accompanied by the required appeal fee; 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 City's review of the requested certificates of
compliance would have a significant effect on the environment and, therefore, the
proposed project has been found to be statutorily exempt (Section 15268); 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 August 22, 2006, to consider the Khakwani and Ransom appeals, at which time all
interested parties were given an opportunity to be heard and present evidence;
NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND,
DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The Planning Commission finds that the Khakwani appeal is
unwarranted and is, therefore, denied. The appeal raises no new issues and provides no
information or evidence that warrants overturning the decision of the Director in
determining that the Elkmont Canyon parcels qualify for a single, conditional certificate of
compliance.
Section 2: The Planning Commission dismisses the Ransom appeal because it
was not filed timely, nor was it accompanied by the required appeal fee.
Section 3: The Planning Commission finds that the Director's May 2, 2006,
determination to issue one (1) conditional certificate of compliance rather than thirteen
(13), as requested by the appellant,for the thirteen (113) Elkmont Canyon parcel fragments
is consistent with both Section 16.04.060 of the Rancho Palos Verdes Subdivision
Ordinance and Section 66499.35 of the Subdivision Map Act and is, therefore, upheld
because:
The creation of the lot fragments by grant deeds constituted an illegal subdivision under
both the State Subdivision Map Act and the relevant County subdivision regulations in
effect in 1962 when the conveyances occurred (i.e., Los Angeles County Ordinance 4478,
as amended by subsequent Ordinances 5584, 5883, and 7345). The applicable
regulations defined a subdivision as"any real property, improved or unimproved, or portion
thereof, shown on the latest adopted county tax toll as a unit or as contiguous units,
which is divided for the purpose of sale or lease, whether immediate or future, by any
subdivider into five or more parcels within any one-year period."
Upon recordation of Tract Map No. 24719 on April 12, 1961,the subdivider held, interalia,
thirteen (13)contiguous pieces of property known as Lots 58 through 70, inclusive,of Tract
Map No. 24719. Each of these pieces of property could have been sold as a whole without
any violation of the State subdivision regulations because of recordation of the tract map.
However, because the subdivider did not sell the entirety of each of the contiguous lots,the
subdivider, through the series of deed transfers, divided the property into twenty-six (26)
parcels in violation of the State subdivision regulations. As such, a map was required for
this series of actions, and the thirteen (13) portions of lots for which certificates of
compliance are now sought are each found to be illegal.
In addition to illegally creating the parcels within a 4-month period, the subdivider and
subsequent owners of the property have transferred the portions of the thirteen (13)
P.C. Resolution No. 2006-47
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parcels retained by the subdivider collectively, as a single block of land. For these
reasons, the Planning Commission hereby rejects the appeal and affirms the Director's
determination that one (1)conditional certificate of compliance should be issued, subject to
the conditions that were imposed by the Director.
Section 4: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. Pursuant to Section 17.80.070(A) 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 August 22, 2006, the date of the Planning Commission's final action.
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 the Khakwani appeal,
dismisses the Ransom appeal as untimely, and upholds the Director's May 2, 2006,
determination regarding the request for certificates of compliance for thirteen (13)
Assessor's Parcels located west of Hawthorne Boulevard and north of Elkmont Drive
("Elkmont Canyon").
P.C. Resolution No. 2006-47
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PASSED, APPROVED, ASIC ADOPTED this 22nd day of August 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
im Knig
Chair n
.noelUe
S, AICP
Diref Plann ngwilding
and Enforc Pent; and,
Secretary to the Planning Commission
MAProjects\SUB2006-00004(Khakwani,Elkmont Canyon)\20060822_Reso_PC.doc
P.C. Resolution No. 2006-ems
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