PC RES 2007-040 P.C. RESOLUTION NO. 2007-40
RESOLUTION F THE PLANNINGCOMMISSION OF THE
CITY OF RANCHOPALOS VERDES APPROVINGTHE
REQUEST LOT LINE ADJUSTMENT AND VARIANCE
(PLANNING CASE NOS. 007-0001 & ZON2007-
00047) TO ADJUSTT E LOT LINE BETWEENT (2)
ABUTTING PRIVATE RESIDENCES TO CREATE
REGULARLY-SHAPED LOTS, LO ATE AT 6405 VIA
C -A A AND 6409VIA CANADA
WHEREAS, on January 30, 2007, the applicants, Louis and Diana Roupoli,
submitted applications for Planning Case Nos. SUB2007-00001 and ZON2007-00047 for a
lot line adjustment and variance, respectively,to adjust the property line between their two
(2) abutting properties on Via Canada in the Miraleste area; and,
WHEREAS, on April 26, 2007, the applications for Planning Case Nos. SUB2007-
00001 and ZON2007-00047 were 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 requested lot line adjustment and variance
would have a significant effect on the environment and,therefore,the proposed project has
been found to be categorically exempt (Class 5, Section 15305(a)); 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 May 22, 2007, 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 makes the following findings of fact with
respect to the requested lot line adjustment between the abutting properties located at
6405 Via Canada and 6409 Via Canada:
A. Both parcels resulting from the requested lot line adjustment will exceed the
minimum 90-foot lot width required by the development standards for the RS-2
zoning district. The resulting parcel at 6409 Via Canada will exceed the minimum
120-foot lot depth specified by the RS-2 standards. In addition, both resulting
parcels will be consistent with the maximum 40-percent lot coverage allowed by the
RS-2 standards, based upon the existing building footprints, driveways and parking
areas on the subject properties. As such, the Planning Commission finds that the
proposed lot line adjustment is consistent with these aspects of the City's Zoning
and Building Codes.
B. Both parcels resulting from the requested lot line adjustment will be substandard
with respect to the minimum 20,000-square-foot lot size required by the
development standards for the RS-2 zoning district. The resulting parcel at 6405
Via Canada will be substandard with respect to the minimum 120-foot lot depth
specified by the RS-2 standards. However, based upon the concurrent approval of
the requested variance discussed below, the Planning Commission finds that the
proposed lot line adjustment will be consistent with these aspects of the City's
Zoning and Building Codes.
Section 2: The Planning Commission makes the following findings of fact with
respect to the application for a variance to allow the two (2) lots resulting from the
proposed lot line adjustment to deviate from the minimum 20,000-square-foot lot size and
120-foot lot depth standards imposed by the RS-2 zoning district:
A. There are 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 properties are
both part of Block 5888 of Tract Map No. 8471, which was among the original
subdivisions creating the Miraleste area in the early 1920s. The tract map included
both numbered and lettered lots. In general, the lettered lots were irregular in size
and shape, and were intended to provide open space buffers within and
surrounding the tract (many of these lettered lots are now owned by the Miraleste
Recreation and Park District). By contrast, the numbered lots were generally more
regularly shaped since they were intended for residential development. However,
over the years, some of the smaller lettered lots on the periphery of the tract were
sold for residential development. In the case of the subject properties,the home at
6405 Via Canada was built on Lot K in 1937 and the home at 6409 Via Canada was
built on Lot 5 in 1941. As a result, the irregularly-shaped Lot K—which was not
originally intended for residential development—now has the potential for further
development that could adversely affect the use of Lot 5 in terms of views and
privacy by virtue of the manner in which it "wraps around" Lot 5. This is an
exceptional condition applying only to the subject properties.
B. Such 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. The current configuration of Lot K
makes the lower portion difficult to access from the house due to the site
topography and the narrow"choke point"where the corner of Lot 5 intrudes into the
middle of Lot K. From a topographic standpoint, the lower portion of Lot K would
function more effectively as an extension of the rear yard of Lot 5. The proposed lot
line adjustment will result in more regularly-shaped lots,which will provide a degree
of utility for the rear yard of each property that is comparable to other lots in the
P.C. Resolution No. 2007-40
Page 2 of 6
same zoning district. Without the adjustment of the lot lines,the ability of current or
future owners of either property to propose rear-yard improvements could be
constrained. Such constraints would not generally apply to other properties in the
immediately-surrounding RS-2 zoning district.
C. Granting the variance will not be materially detrimental to the public welfare or
injurious to property and improvements in the area in which the property is located.
The subject lots are both nonconforming with respect to the minimum 20,000-
square-foot lot size and 120-foot lot depth imposed by the RS-2 zoning district, and
the approval of the requested lot line adjustment and variance will not change this
condition. The change in the sizes of the lots will not allow for any future
subdivision of either lot, and both of the resulting lots will still comply with the
maximum 40-percent lot coverage standard imposed by the RS-2 zoning district.
None of these changes will have any effect upon surrounding properties.
Furthermore, neighboring property owners and the Palos Verdes Homes'
Association have expressed support for this proposal.
D. Granting the variance will not be contrary to the objectives of the General Plan or
the policies and requirements of the Coastal Specific Plan. The requested variance
from the minimum lot size and other development standards of the RS-2 zoning
district will not alter the primary permitted use of the subject properties as single-
family residences. This is consistent with the Residential 2-4 DU/acre land use
designation. . In addition, the creation of more regularly-shaped lots is consistent
with Residential Activity Policy No. 3 of the General Plan to"[encourage]and assist
in the maintenance and improvement of all existing residential neighborhoods so as
to maintain optimum local standards of housing quality and design." The subject
properties are not located within the City's coastal zone.
Section3: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. Pursuant to Sections 16.08.020(6) and
17.64.060 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 fee, no later than fifteen
(15) days following May 22, 2007, the date of the Planning Commission's final action.
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 Planning
Commission of the City of Rancho Palos Verdes hereby approves a lot line adjustment and
variance to adjust the lot line between two (2) abutting private residences to create more
regularly-shaped lots, located at 6405 Via Canada and 6409 Via Canada, subject to the
conditions contained in Exhibit W, attached hereto and made a part hereof, which are
necessary to protect the public health, safety and welfare in the area.
P.C. Resolution No. 2007-40
Page 3of6
PASSED, APPROVED and ADOPTED this 22nd day of May 2007, by the following
vote:
AYES: Commissioners Karp, Knight, Lewis and Ruttenberg, Vice Chairman
Perestam. and Chairman Gerstner
NOES: none
ABSTENTIONS: none
ABSENT: Commissioner Tetreault
Bill Gerstner
Chairman
Joel Rja ' AICP
DirectQ
Jr PlanniBuilding
r�
and Co e Enforcement; and,
Secretary to the Planning Commission
P.C. Resolution No. 2007-40
Page 4 of 6
HI IT
CONDITIONS F APPROVAL FOR
PLANNING S. 007-00001 & ZON2007-00047
( oupoli, 6405 Via Canada and 6409 Via Cana a)
General Conditions:
1. Priorto the submittal of final exhibits and legal descriptions to the City Engineer,the
applicants/property owners shall submit to the City a statement, in writing,that they
have read, understand, and agree to all conditions of approval contained in this
Resolution. Failure to provide said written statement within ninety (90) days
following date of this approval shall render this approval null and void.
2. This approval is for a lot line adjustment and variance to create more regularly-
shaped lots, located at 6405 Via Canada and 6409 Via Canada. The Director of
Planning, Building and Code Enforcement is authorized to make minor
modifications to the approved plans and any of the conditions of approval if such
modifications will achieve substantially the same results as would strict compliance
with the approved plans and conditions. Otherwise, any substantive change to the
project shall require approval of a revision to the lot line adjustment and/or variance
by the Planning Commission and shall require new and separate environmental
review.
3. All project development on the site shall conform to the specific standards contained
in these conditions of approval or, if not addressed herein, in the RS-2 district
development standards of the City's Municipal Code.
4. Failure to comply with and adhere to all of these conditions of approval may be
cause to revoke the approval of the project by the Planning Commission after
conducting a public hearing on the matter.
5. If the project has not been established (i.e., lot line adjustment recorded)within one
hundred eighty (180) days of the final effective date of this Resolution, approval of
the project shall expire and be of no further effect unless, prior to expiration, a
written request for extension is filed with the Department of Planning, Building and
Code Enforcement and approved by the Director. Otherwise, a lot line adjustment
and variance revision must be approved prior to recordation of the lot line
adjustment.
6. In the event that any of these conditions conflict with the recommendations and/or
requirements of another permitting agency or City department,the stricter standard
shall apply.
P.C. Resolution No. 2007-40
Page 5 of 6
Lot Line Adiustment Conditions:
7. The resulting lots shall be substantially consistent with the following development
standards:
Parcel Lot Size Lot Width Lot a t
Old New Old New Old New
18,103 11,361 330.00' 170.00' 99.00' 66.88'
6405 Via Canada
(131 11905 18,647 108.92' 110.00 109.50' 175.05'
6409 Via Canada '
Zoning 20,000 SF inimu 1 ' rninirnum
District Standards minimum
8. Within one hundred eighty (180) days of the date of the final action on this
application,the applicants shall submit final, corrected (if necessary)exhibits for Lot
Line Adjustment No. SUB2007-00001 to the City for the recordation of a certificate
of compliance for each lot with the County of Los Angeles. Failure to provide said
materials and/or to record the certificates of compliance within the stipulated time
period shall render this approval null and void.
Variance Conditions:
9. Notwithstanding any deviations from the RS-2 zoning district development
standards approved for the subject lots under the requested lot line adjustment, all
future use(s), development(s) and/or improvement(s)on the resulting parcels shall
be consistent with the RS-2 district development standards of the City's Municipal
Code, unless the approval of any variance(s), minor exception permit(s) or other
necessary or applicable discretionary permits are approved by the City.
M:\Projects\SUB2007-00001 (Roupoli,6409 Via Canada)\PC Resolution 2007-40.doc
P.C. Resolution No. 2007-40
Page 6 of 6