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PC RES 2007-030P.C. RESOLUTION NO. 2007-30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES RECOMMENDING THAT THE CITY COUNCIL CONDITIONALLY APPROVE CASE NO. ZON2005-00536, OTHERWISE KNOWN AS GENERAL PLAN AMENDMENT, ZONE CHANGE, COASTAL SPECIFIC PLAN AMENDMENT TO ALLOW THE FOLLOWING: LAND USE CHANGE FROM COMMERCIAL RECREATIONAL (CR) TO SINGLE- FAMILY RESIDENTIAL, TWO -TO -FOUR DWELLING UNITS PER ACRE; ZONE CHANGE FROM CR TO RS -4, ON AN EXISTING VACANT LOT LOCATED ON THE WEST SIDE OF NANTASKET DRIVE, BETWEEN BEACHVIEW DRIVE AND SEACOVE DRIVE. WHEREAS, on July 11, 2005, Dana Ireland, the Applicant, submitted a General Plan Amendment Initiation Request application, Case No. ZON2005-00359, proposing to amend the General Plan Land Use Designation and Coastal Specific Pian Land Use Designation to change the zoning for the subject site from the existing Commercial Recreational (CR) to Single -Family Residential, two -to -four dwelling units per acre (RS -4); and, WHEREAS, on August 10, 2005, the subject GPAIR application for Case No. ZON2005-00359 was deemed complete by Staff upon submittal of the required information; and, WHEREAS, on October 4, 2005, the subject GPAIR application was presented to the City Council, at which time, the City Council opined that changing the subject site's General Plan's Land Use Designation from CR to RS -4 may be conducive to making the use of the subject site more consistent with the adjoining Single and Multi -Family residential areas in keeping within the vision of the City's founders. The City Council moved to allow the applicant to proceed with the General Plan Amendment process by a vote of 4-0 (Councilman Clark recused himself); and, WHEREAS, on October 13, 2005, the Applicant submitted applications for General Plan Amendment, Zone Change, Coastal Specific Plan Amendment, Vesting Tentative Tract Map No. 67532, Coastal Permit, Variance, and Environmental Assessment to change the land use from Commercial Recreational (CR) to Single -Family Residential, two -to -four dwelling units per acre (RS -4), to change the zoning on the subject site from CR to RS -4, and divide the site into five single-family residential Tots, henceforth known as Case No. ZON2005-00536; and, WHEREAS, on November 11, 2005, November 30, 2005, and March 21, 2006, the applications submitted for Case No. ZON2005-00536 were deemed incomplete pending the submittal of additional information; and, WHEREAS, on March 23, 2006, the Applicant expressed his intent to submit plans for five single-family residences on the five proposed lot division of the subject site, to be processed in conjunction with Case No. ZON2005-00536. As such, the Applicant submitted a Grading Permit application to be a part of Case No. ZON2005-00536 and Height Variation applications Case Nos. ZON2005-00178-182; and, WHEREAS, on April 3, 2006 and May 3, 2006, the applications submitted for ZON2005-00536 and ZON2005-00178-182 were deemed incomplete pending the submittal of additional information; and, WHEREAS, on August 23, 2006, after the submittal of all required material and the verification of silhouette construction and certification for the five proposed residences, the applications were deemed to be complete for processing; and, WHEREAS, pursuant to the provision of the California Environmental 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), the City of Rancho Palos Verdes prepared an Initial Study and determined that, by incorporating mitigation measures into the Negative Declaration, there is no substantial evidence that the approval of Case No. ZON2005-00536, otherwise known as General Plan Amendment, Zone Change, Coastal Specific Plan Amendment, Vesting Tentative Tract Map No. 67532, Coastal Permit, Variance, Grading, and ZON2006-00178-182, otherwise known as Height Variation applications for the five single-family residences proposed on Lots 1 through 5, would result in a significant adverse effect on the environment. Accordingly, a Draft Mitigated Negative Declaration was prepared and notice of that fact was given in the manner required by law; and, WHEREAS, the Mitigated Negative Declaration and Initial Study were prepared on August 23, 2006 and circulated for public review between August 23, 2006 and September 25, 2006; and, WHEREAS, in accordance with the requirements of the CEQA, a Mitigation Monitoring program has been prepared, and is attached to the Environmental Assessment and Resolution as Exhibit "A"; and, WHEREAS, after issuing notices pursuant to the requirements of the Rancho Palos Verdes Development Code and the State CEQA Guidelines, the Planning Commission held a duly noticed public hearing on September 26, 2006, at which time the Planning Commission approved Staff's request to: review and provide comment on the proposed General Plan Amendment, Zone Change, Coastal Specific Plan Amendment, Vesting Tentative Tract Map No. 67532, Coastal Permit, Variance, and the Environmental Assessment; continue the public hearing meeting to November 14, 2006 to review the Grading and Height Variation applications for the proposed five residences, since Staff was not able to conduct view analyses of the proposed project, which is a required component of Grading and Height Variation applications; receive any public testimony and prepare responses to comments received after the date the September 26, 2006 staff report was prepared; and, WHEREAS, the Planning Commission held a public hearing on November 14, 2006, at which time all interested parties were given an opportunity to be heard and present P.C.Resolution No, 2007-30 Page 2 of 5 evidence. At said meeting, the Planning Commission directed Staff to: refine the Neighborhood Compatibility Analysis by including the adjacent multi -family residential development, which was rezoned after the city incorporation to RS -4 (the Villas Apartments), and five single-family residences along Sea Cove Drive in the RS -1 zoning district (one dwelling unit per acre); provide information on the applicable "by -right" height on the subject site, be it Commercial Recreational "by -right" height or a Single -Family Residential "by -right" height; and, confirm whether any of the proposed lots are "sloping" or "pad" lots. The Planning Commission directed the Applicant to mark on each silhouette pole where the 16' -high by -right height mark is, and continued the public hearing to January 9, 2007 to allow Staff and the applicant to present these findings; and, WHEREAS, the Planning Commission held a public hearing on January 9, 2007 meeting, at which time all interested parties were given an opportunity to be heard and present evidence. At that time the Applicant provided certified slope analysis performed by the Applicant's engineer, Bolton Engineering Corporation, to demonstrate that the buildable area on Lots 1, 2, and 3 contain a slope greater 5%, but less than 35%, thereby establishing these lots as sloping lots entitled to 16'/30' building height envelope in the event the proposed land use change from CR to RS -4 is approved. Consequently, since the heights proposed for residences on Lots 1 and 2 are within the 16'/30' building height envelope, approval of a Height Variation application for the residences proposed on Lots 1 and 2 is no longer necessary. Therefore, Case No. ZON2006-00178 and 179 (Height Variation applications) have been omitted from the application packet (consisting of Case No. ZON2005-00536 and Case Nos. ZON2005-00178-182), and the proposed residences on Lots 1 and 2 were included to be a part of Case No. ZON2005-00536 as Site Plan Review applications. At the same meeting, the Planning Commission directed Staff to solicit the City Attorney's determination on the appropriateness of revising the Neighborhood Compatibility analysis to include the eight Villas Apartment structures in the RS -4 zoning district and five single-family residences along Seacove Drive in a RS -1 zoning district. Further, the Planning Commission instructed the Applicant to reconstruct the collapsed silhouettes of the proposed residences on Lots 3, 4, and 5 to ensure Staff may conduct adequate view analyses from the viewing area of 6619 Beachview Drive. The Planning Commission continued the public hearing to March 13, 2007 to allow Staff and the Applicant an opportunity to address the Commission's instructions; and, WHEREAS, the Planning Commission held a duly noticed public hearing on March 13, 2007 at which time all interested parties were given opportunities to be heard and present evidence; and NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: GENERAL PLAN AMENDMENT :Sect!onij The existing 1.42 -acre site as a CR lot does not meet the minimum development standards to support by -right uses and uses permitted with a Conditional Use Permit. Examples of by -right uses include, but are not limited to, recycling centers and P.C. Resolution No. 2007-30 Page 3 of 5 commercial filming or photography and examples permitted with a CUP include, bed and breakfast inns, churches, golf courses, etc. The subject lot abuts a golf course to the west and single and multi -family residences to the far north, far south, and direct east. Changing the land use of the site to single-family residential is conducive to keeping the site more consistent with the adjoining residential area, and thus is consistent with the General Plan and is in the public's interest. Furthermore, pursuant to the Development Code, a CR lot must be at least 20 -acres in size, with a minimum width of 250' and a minimum depth of 400'. The subject lot contains a depth ranging from 91' to 93' and an average width of 655'. The deficient size inhibits proper development of any identified CR uses and is more appropriate for a residential zoning district instead. Section 2:, The subject lot requires access from the adjoining residential streets (Beachview Drive and Sea Cove Drive). A single-family residential use on-site is anticipated to have less impact on the adjacent residential properties in terms of traffic, light, and noise pollution than a commercial recreational use. Hence, a single-family residential use is more compatible with the existing residential neighborhood and is in the public's interest, thereby maintaining consistency with the General Plan. ZONE CHANGE Section 3: In order to bring the zoning in compliance with the proposed General Plan Land Use Designation, the project warrants the subsequent change of the site's zoning designation from CR (Commercial Recreational) to RS -4 (Single -Family Residential, two -to -four dwelling units per acre). By changing the zoning, the land use on the subject site would be consistent with the adjacent residential areas and the General Plan. COASTAL SPECIFIC PLAN AMENDMENT Section 4: With respect to CR development on the subject site, the City's Coastal Specific Plan advises against the utilization of Nantasket Drive for access since the road was designed as a residential street and commercial traffic would, in all likelihood, cause significant problems for the adjacent residential development. It is not likely that access to the subject site would be provided through the adjoining Terranea Resort Hotel property. Section 5: The City's Coastal Specific Plan warns of potentially adverse impacts resulting from a CR development on the adjacent residential developments in Subregion 3. A single-family residential use on the subject site is a generally less intensive use of the subject site than were it developed a commercial recreational lot, when considering traffic, noise, and light pollution generated from on-site. Further, residential development on-site would be aesthetically compatible with the existing residential uses in the adjacent area. The site being developed as a commercial filming site, a recycling facility, a helistop, or a small hotel, for instance, would further erode the character of the neighborhood, which is surrounded by single and multi -family residences. Section 6: For the foregoing reasons and based on its independent review and evaluation of the information and findings contained in the Initial Study, Staff Reports, P.C. Resolution No. 2007-30 Page 4 of 5 Minutes, and records of the proceedings, the Planning Commission recommends that the City Council adopt the proposed amendment to the General Plan and Coastal Specific Plan land use change from Commercial Recreational (CR) to Single -Family Residential, two -to - four dwelling units per acre, and zone change from CR to RS -4, subject to the Mitigation Monitoring Program contained in Exhibit "A" and the Conditions of Approval contained in Exhibit "B" attached hereto and made a part hereof, which are necessary to protect the public health, safety, and welfare. PASSED, APPROVED, AND ADOPTED this 24th day of April 2007, by the following vote: AYES: Commissioners Knight, Lewis, Ruttenberg, Tetreault, Vice Chair Perestam Chair Gerstner NOES: None ABSTENTIONS: None ABSENT: Commissioner Karp Joel oj s, A1CP Direc•or of Plann g, Building and Code nforcement; and, Secretary to the Planning Commission Bill erstner Planning Commission Chairman P.C. 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