PC RES 2009-051 P.C. RESOLUTION NO. 2009- 1
A RESOLUTION F THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES RECOMMENDING THAT THE CITY
COUNCIL NOT AMEND CHAPTERS 17.88 AND 17.90 OF TITLE L "7 OF
THE CITY'S MUNICIPAL C E AND NOT ADD LANGUAGETHAT
SPECIFIES WHICH! MAPS TO USE TO DETERMINE THE LOCATION
F THIS COASTAL SETBACK LINE ON INDIVIDUAL PROPERTIES.
WHEREAS, the Coastal Zone boundary within the City and the entire State was
created by the California Coastal Commission as part of the implementation of the
State's Coastal Act, which was enacted in 1975; and,
WHEREAS, in preparation of the City's Coastal Specific Plan, a comprehensive
geologic study of the City's coastal region was prepared, which segmented the City's
Coastal Zone into separate geologic categories that defined where development was
suitable and where it was not, resulting in the establishment of the Coastal Setback
Line. The geologic study is titled, "Geologic Factors Delated to a Coastal Set-Back
Zone for the City of Rancho Palos Verdes, California" prepared by Earth Sciences
Associates (ESA) in 1975, which contain geologic maps that specifically identify a 25'
required setback landward of the Coastal Setback Line; and,
WHEREAS, the comprehensive geologic report titled "Geologic Factors Related
to a Coastal Set-Back Zone for the City of Rancho Palos Verdes, California" by Earth
Sciences Associates (ESA) was used to prepare the City's Coastal Specific Plan, which
was adopted by the California Coastal Commission; and,
WHEREAS, the Development Code, which implements the Coastal Permit
procedures for the Coastal Specific Plan, established two separate "Zones" on either
side of the Coastal Setback Line whereby the area seaward of the Coastal Setback Line
is called the "Coastal Setback Zone" and the area twenty-five feet (25') landward of the
Coastal Setback Line is called the "Coastal Structure Setback Zone"; and,
WHEREAS, Staff has historically utilized the geologic maps prepared by ESA
(referenced above) in discerning the precise location of the Coastal Setback Line on
private property; and,
WHEREAS, on May 24, 2007, Brian Conroy, owner of property located at 24 Sea
Cove Drive, submitted a request for a formal Interpretation (Case No. Z€?N2007-00253)
requesting Staff's basis for establishing the location of the Coastal Setback Line for his
property at 24 Sea Cove Drive and on properties within the City's Coastal Zone; and,
WHEREAS, on June 21, 2007, the Director of Planning, Building and Code
Enforcement issued a formal Interpretation regarding how to interpret the City's maps
for determining the most precise location of the Coastal Setback tine on private
properties, which in cases of uncertainty or ambiguity resulting from the Specific Plan
P.C. resolution No. 2009-51
Page 1
Maps to establish the location of the Coastal Setback Line on individual properties
within the Coastal Zone, then the maps that accompany the report titled, "Geologic
Factors Related to a Coastal Set-Back Zone for the City of Rancho Palos Verdes,
California" prepared by Earth Sciences Associates (ESA) in 1976 and referenced in the
appendix to the City of Rancho Palos Verdes Coastal Specific Plan shall be used; and,
WHEREAS, on July 3, 2007, Mr. and Mrs. Conroy, through their attorney, Scott
Campbell, submitted an appeal of the Director's formal Interpretation and requested that
the appeal hearing be conducted at the August 14, 2007 meeting, thereby relinquishing
their right to a hearing within 30 days of their appeal; and,
WHEREAS, after the hearing was duly noticed, the Conroy's notified Staff that
they would like to exercise their option of accepting Staffs determination of the Coastal
Setback Line and instead process the Variance and Coastal Permit applications
(ZON2007-00046) in an attempt to legalize the illegal construction, and requested that
their Interpretation Procedure appeal be held in abeyance; and,
WHEREAS, the Planning Commission tabled the appeal hearing on August 14,
2007 to allow the property owner time to process the applications associated with Case
No. ZON2007-00046; and,
WHEREAS, on December 11, 2008, the Planning Commission considered Case
No. ZON2007-00046 for a Coastal Permit and Variance, but continued the public
hearing to the February 24, 2009 meeting to allow Staff to investigate additional code
violation allegations against the applicant that were raised by a neighbor, and present
Staff's interpretation decision (i.e., this appeal) at the same time as the Variance
request, thereby allowing the Planning Commission the opportunity first hear the use
determination regarding the location of the Coastal Setback Line, and if necessary hear
the Variance request for the after-the-fact improvements in the rear yard; and,
WHEREAS, on February 5, 2009, the City mailed notices of the pending
Planning Commission hearing to 67 property owners within a 500-foot radius from the
subject property, the Coastal Commission, and to the West Portuguese Send
Community Association, and published a notice in the Peninsula News on February 5,
2009; and,
WHEREAS, after notice issued pursuant to the provisions of the Rancho Palos
Verdes Municipal Code, the Planning Commission conducted a public hearing on
February 24, 2009, at which time all interested parties were given an opportunity to be
heard and present evidence regarding the appeal of Case No. ZON2007-00253
(interpretation); and,
WHEREAS, on February 24, 2009, the Pianning Commission tabled the appeal
hearing at the request of the appellant; and,
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WHEREAS, on August 20, 2009, the City mailed notices of the pending Planning
Commission hearing to 77 property owners traversed by the Coastal Setback Line, the
Coastal Commission, and to the West Portuguese Bend Community Association, and
published a notice in the Peninsula News on August 20, 2009; and,
WHEREAS, after notice issued pursuant to the provisions of the Rancho Palos
Verdes Municipal Code, the Planning Commission conducted a public hearing on
September 8, 2009, at which time all interested parties were given an opportunity to be
heard and present evidence regarding the appeal of Case No. ZON2007-00253; and,
WHEREAS, on September 8, 2009, the Planning Commission adopted P.C.
Resolution No. 2009-36, revising the Directors Interpretation and determining that the
location of the Coastal Setback Line on properties shall be based on a site-specific
geology study and the Coastal Specific Plan Land Use Map; and,
WHEREAS, on September 23, 2005, within fifteen (15) days following the
Planning Commission's decision, the adjacent property owner to the east at 22 Sea
Cove Drive, Ms. Pamela Simes, filed an appeal to the City Council requesting that the
City Council overturn the Planning Commission's revised Interpretation based upon the
Director's original June 21, 2007 Interpretation; and,
WHEREAS, after notice was issued pursuant to the requirements of the Rancho
Palos Verdes Development Code, the City Council held a duly noticed public hearing on
October 20, 2009, at which time all interested parties were given an opportunity to be
heard and present evidence; and,
WHEREAS, on October 20, 2009, the City Council continued the appeal until the
property owner of 24 Sea Cove Drive submitted a bluff top restoration plan to the City,
to be reviewed by staff, and brought back in conjunction with this item at the December
15, 2009 Council meeting, directed staff to immediately begin the process to initiate an
amendment to the Municipal Code regarding which map should be used in determining
the location of the Coastal Setback Line on individual properties; and,
WHEREAS, on November 5, 2009, a 1/8 page public hearing notice was posted
in the Peninsula News, and public hearing notices were mailed to the 77 property
owners that are traversed by the Coastal Setback Line, the applicable Homeowner's
.Associations, and the California Coastal Commission; and,
WHEREAS, after notice issued pursuant to the provisions of the Rancho Palos
Verdes Municipal Code, the Planning Commission conducted a public hearing on
November 24, 2009, at which time all interested parties were given an opportunity to be
heard and present evidence regarding said amendment to Title 17 as set forth in the
Planning Commission Staff Report of that date; and,
WHEREAS, the Planning Commission has reviewed and considered the
proposed code amendments to Title 17;
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NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO
PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS
FOLLOWS:
Section 1® The Planning Commission has reviewed and considered the
proposed amendments to Chapter 17.88 and 17.90 of Title 17 of the City's Municipal
Code that would add language specifying use of the ESA Maps to determine the
location of the Coastal Setback Line.
Section 2® The Planning Commission finds that the proposed amendments to
Chapters 17.88 and 17.90 of Title 17 of the Municipal Code regarding which maps to
use to establish the location of the Coastal Setback Line on individual properties are not
.necessary, and denies the proposed amendments on the grounds that the ESA Maps
should not be specifically adopted as the preferred map for use in determining the
location of the Coastal Setback Line.
Section 3- 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 recommends that the City
Council not amend Chapters 17.88 and 17.90 of Title 17 of the City's Municipal Code.
PASSED, APPROVED, AND ADOPTED this 20 day of November 2009, by the
following vote:
AYES: Commissioners Perestam, Ruttenberg, Tomblin
NOES: Commissioners Knight and Tetreault
ABSTENTION: None
ASSENT: Vice Chairman Gerstner and Chairman Lewis
RECUSALS: None
Jeff Lewis
Chairman
Joel Roj , ICP
Director of PI nning, Bu Id' g
I
and Cod E orcement; and,
m�rt, arl
Secretary to the Planning Commission
P.C. Resolution No. 2009-51
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