PC RES 2006-054 P.C. RESOLUTION NO. 2006-54
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES APPROVING CASE NO.SUB2005-00001 AND
ZON2005-00181, A LOT LINE ADJUSTMENT AND A VARIANCE TO
ALLOW THE SIZE OF THE EXISTING NONCONFORMING LOT AT 30535
SANTA LUNA DRIVE TO BE FURTHER REDUCED AS THE RESULT OF
THE ADJUSTMENT OF THE COMMON LOT LINE BETWEEN 30543 AND
30535 SANTA LUNA DRIVE, FROM 14,576 SQUARE FEET TO 13,994
SQUARE FEET, IN A RS-2 ZONING DISTRICT, WHICH HAS A MINIMUM
20,000 SQUARE FOOT LOT SIZE REQUIREMENT
WHEREAS, on March 29, 2005, the property owners at 30543 and 30535 Santa
Luna Drive submitted Lot Line Adjustment and a Variance applications(hereinafter referred
to as SUB2005-00001 and ZON2005-00181) requesting approval for the adjustment of the
common property line, which would allow the property owners at 30543 Santa Luna Drive
to maintain a minimum 5' setback distance for the existing pool and the pool equipment,
which have been partially constructed onto the property at 30535 Santa Luna Drive.
However, such adjustment of the lot line would result in the reduction of the lot size at
30535 Santa Luna Drive, thereby causing the existing nonconforming lot size to further
deviate from the minimum 20,000 square foot lot size requirement; and,
WHEREAS, on April 13, 2005, and May 3, 2005, the applications were deemed
incomplete pending the submittal of additional information; and,
WHEREAS, upon submittal of the requested additional information, Staff deemed
the project generally complete for processing on September 20, 2006; 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 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), Staff found no evidence that SUB2005-00001 and ZON2005-00181 would
have a significant effect on the environment and,therefore,the proposed project has been
found to be categorically exempt under Class 5 (Section 15305)since the project involves
the minor adjustment of the existing lot line between said two properties; and,
WHEREAS, on October 10, 2006, after notice issued pursuant to the requirements
of the Rancho Palos Verdes Development Code, the Planning Commission held a duly
noticed public hearing at which time all interested parties were given an opportunity to be
heard and present evidence.
NOW,THEREFORE,THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The applicant's intended use of the property is an exception to other
residences constructed on sloping lots in the same zoning district in that the existing pool
and the pool equipment were constructed to encroach into the adjoining property at 30535
Santa Luna Drive and the aerial maps revealed no other obvious situations of pools
straddling the property lines in the immediate neighborhood, which does not apply
generally to other property in the same zoning district.
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 since other properties contain
similar improvements that maintain the required setbacks and do not encroach onto
adjacent property; and,
Section 3: The reduction in lot size will not be materially detrimental to the Santa
Luna Drive neighborhood because the change in lot size only results in a 4% decrease in
lot size,which will be unnoticeable to the surrounding neighborhood. Further,the reduced
lot size causes the lot coverage on the property to change from 24.1% to 25.1%, which is
negligible and still within the Code established lot coverage of 40%; and,
Section 4: The variance will not be contrary to the City's General Plan. The lot
line adjustment will allow both properties to maintain 5' minimum setback requirement,and
therefore is consistent with the General Plan and the Development Code; and,
Section 5: In granting the Lot Line Adjustment,the following findings were made:
a) That the resultant lots comply with the local zoning and building ordinances of
the RS-2 (Single-Family Residential) zoning designations of the sites; and,
b) The applicants, in submitting a signed application form with the Department of
Planning, Building and Code Enforcement, which was deemed complete on
September 20, 2006, have requested said Lot Line Adjustment and Variance
referred to herein.
Section 6: 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 approves Case No. SUB2005-
00001 and ZON2005-00181 for a Lot Line Adjustment and a Variance for the adjustment of
the common property line shared by 30543 and 30535 Santa Luna Drive, and allow the
reduction of the lot size at 30535 Santa Luna Drive, subject to the conditions contained in
Exhibit "A" attached hereto and made a part hereof, which are necessary to protect the
public health, safety, and welfare.
Section 7: 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 of the Rancho
Palos Verdes Municipal Code, any such appeal must be filed with the City, which contain
grounds of appeal and with the appropriate appeal fee, no later than 5:30 P.M. on October
25, 2006.
P.C. Resolution No. 2006-54
Page 2
PASSED, APPROVED, AND ADOPTED this 10th day of October 2006, by the following
vote:
AYES: Gerstner, Knight, Karp, Lewis, Tetreault
NOES: None
ABSTENTIONS: Perestam, Ruttenberg
ABSENT: None
jIK ht
I
g Commission Chairman
Joel o as, AICD
Dir to of Planni g, wilding and
Cod nforcemen s and, Secretary
to the Planning Commission
P.C. Resolution No. 2006-54
Page 3
Exhibit "A"
Conditions of Approval
Case No. SUB2005-00001 and 2 05-001 1
(Lot Line Adjustment and Variance)
1. Said decision is for the adjustment of a common property line shared by the subject
properties, referenced as the common property line abutting 30543 Santa Lura
Drive and 30535 Santa Luna Drive, respectively, as shown in the attached survey.
In granting the Lot Line Adjustment, the following findings were made:
l c) That the resultant lots comply with the local zoning and building ordinances of the
RS-2 (Single-Family Residential) zoning designations of the sites; and,
d) The applicants, in submitting a signed application form with the Department of
Planning, Building and Code Enforcement, which was deemed complete on
September 20, 2006, have requested said Lot Line Adjustment and Variance
referred to herein.
2. Said decision is also for a Variance to allow the properties at 30543 Santa Luna Drive
and 30535 Santa Luna Drive to maintain lot areas that are less than the 20,000 square
feet required for properties in the RS-2 Zoning District. The allowable resulting lot
areas are 11,062 square feet for property at 30543 Santa Luna Drive, and 13,994
square feet for property at 30535 Santa Luna Drive.
3. The resulting setback for the pool and equipment on 30543 Santa Luna Drive shall be a
minimum of 3-feet.
4. The resulting setback for the garage on 30535 Santa Luna Drive shall be a minimum of
5-feet.
5. Ail future development, construction, additions, improvements shall comply with the
standards contained in Chapter 17 of the City of Rancho Palos Verdes Municipal Code.
6. The property owners shall record the necessary deed transfer documents within 130
days of this approval date, and copies of such recorded documents shall be provided to
the City of Rancho Palos Verdes, Department of Planning, Building and Code
Enforcement.
P.C. Resolution No. 2006-54
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