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PC RES 2013-016 P.C. RESOLUTION NO. 2013-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES CONDITIONALLY APPROVING A VARIANCE TO ALLOW LOT 53 OF TRACT 14500 TO REDUCE ITS NON-CONFORMING LOT AREA FROM 40,4657 SQUARE FEET TO A NON-CONFORMING 36,376 SQUARE FEET (PLANNING CASE NO. ZON2013- 00181) AND A LOT LINE ADJUSTMENT FOR LOTS 51 AND 53 OF TRACT 14500 (PLANNING CASE NO. SUB2013- 00004). WHEREAS, on June 8, 2010, the Planning Commission approvedP.C. Resolution No. 2010-19 conditionally approving a Variance to allow Lot 53 of Tract 14500 (Monks) to reduce its nonconforming lot area from 40,457 square feet to a nonconforming 36,376 square feet (Case no. ZON2007-00340), and a Lot Line Adjustment for Lots 51 and 53 of Tract 14500 (Planning Case No. SUB2007-00005). The Lot Lone Adjustment was never recorded and the entitlement expired on June 7, 2011. WHEREAS, on May 8, 2013, the applicant submitted the subject Lot Line Adjustment and Variance application to the Community Development department to obtain approval of the same application that was previously approved by the Planning Commission in 2010, and, WHEREAS, on May 15, 2013, Staff deemed the application incomplete due to the need for City Engineer approval. Staff received confirmation from the City Engineer, on May 29, 2013, that the legal descriptions and maps were accurate and could be processed. Subsequently, the application was deemed complete for processing on May 29, 2013 and, WHEREAS, on June 3, 2013, Staff mailed notices to 54 property owners within a 500-foot radius from the subject property, providing a 15-day time period for the submittal of comments and concerns. In addition, a Public Notice was published in the Peninsula News on June 6, 2013. Staff did not receive any comment letters as a result of the public notice; 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 approval of the requested Variance and Lot Line Adjustment would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt (Section 15305), 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 June 25, 2013, at which time all interested parties were given an opportunity to be heard and present evidence; and, 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 application for a Variance to allow the existing non-conforming lot area for Lot 53 of Tract 14500 (40,647 square feet) to be reduced to a more non-conforming lot area (36,376 square feet): A. The Variance is warranted because 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. More specifically, the entire Monks parcel is vacant, unimproved land with the exception of 4,091 square feet that has been improved with a distinctive garden that is maintained and utilized by the neighboring property at 4 Thyme Place (Beall Parcel), Furthermore, 50% of the residential properties in the neighborhood are legal, non-conforming and 36% of the residential properties in the neighborhood are less than the proposed lot area for the Monks Parcel (36,376 square feet). B, 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. The property owner of the Monks Parcel should not have to incurthe cost of maintaining the improvements created by another property owner or the cost of returning the improved area back to its natural state. Furthermore, 50% of the lots in the community, under the same zoning district, have legal, non-conforming lot sizes and 36% of the lots would have less lot area than the Monks Parcel (36,376 square feet). 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. In fact, granting the Variance to accommodate the Lot Line Adjustment between the Monks Parcel and Beall Parcel would not be materially detrimental to the public welfare or injurious to property and improvements in the area due to the fact that the Monks Parcel is vacant, the lot size would be larger than 36% of other lots in the area and would continue to have a non-conforming lot area. Furthermore, the Monks Parcel would continue to meet the minimum width and depth standards for residential lots in the neighborhood and would supply an appropriate amount of area to develop a single-family residence that is compatible with other homes in the neighborhood, and any future development would be required to be reviewed by the City's Geologist and conform to the Uniform Building Code. D. Granting the Variance will not be contrary to the objectives of the General Plan or its P.C. Resolution No, 2013-16 Page 2 of 5 policies. The Variance would allow the existing landscape improvements to remain and be maintained by the property owners of the Beall Parcel which is encouraged by the Urban Environment element Activity Areas Goal A, which calls upon the City to "preserve and enhance the community's quality living environment; to enhance the visual character and physical quality of the existing neighborhoods,- and encourage the development of housing in a manner which adequately serves the needs of all present and future residents of the community."Furthermore, Housing Activity Policy No, 1 states that the City should "retain the present predominance of single-family residences found through the community, while continuing to maintain the existing variety of housing types."The Variance would allow the existing non- conforming lot area to be reduced further below the required 1-acre standard, however the Variance would not eliminate a residential property with adequate area to build a home that is compatible with other homes in the surrounding neighborhood on lots that are well-below the 1-acre standard, Section 2: With respect to the Lot Line Adjustment, along with the findings associated with the Variance, the Lot Line Adjustment for the Beall Parcel and Monks Parcel are warranted. The Beall Parcel and the Monks Parcel will maintain the minimum required lot depths of 150' and lot widths of 100'. Both parcels exist as legal, non- conforming properties in terms of their lot area. The Beall Parcel will become less non- conforming by increasing the size of the lot from 35,464 square feet to 39,555 square feet as a result of the Lot Line Adjustment. The Monks Parcel would become more non- conforming by decreasing the size of the lot from 40,467 square feet to 36,376 square feet. Section 3: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council. Pursuant to Sections 17.02.040(C)(1)(g) 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 June 25, 2013, 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 conditionally approves a Variance (Planning Case No. ZON2013-00181) to allow the lot area for Lot 53 of Tract 14500 (Monks Parcel) to decrease from 40,467 square feet to 36,376 square feet in the RS-1 zoning district, and a Lot Line Adjustment for Lot 51 of Tract 14500 (Beall Parcel) and Lot 53 of Tract 14500 (Monks Parcel) to accommodate landscaping that was improved, maintained and used by the property owners of the Beall Parcel on the Monks Parcel, subject to the conditions of approval in the attached Exhibit W. P.C. Resolution No. 2013-16 Page 3 of 5 PASSED, APPROVED, AND ADOPTED this 25¢h day of June 2013, by the following vote.- AYES: Commissioners Gerstner, Nelson, Tetreault and Tomblin NOES- Commissioner Lewis ABSTENTIONS: None ABSENT: Chairman Emenhiser RECUSSALS: Vice Chairman Leon Dave Emenhiser ' Chairman Joel Rojas, icp Communi evelop nt Director P.C. Resolution No. 201316 Page 4 of 5 EXHIBIT "A' CONDITIONS OF APPROVAL FOR PLANNING CASE NO. ZON2013-00181 & SUB2013-00004 (Beall, Lot 51 of Tract 14500 and Monks, Lot 53 of Tract 14500) General Conditions: 1. Prior to final recordation of the subject Lot Line Adjustment, the applicant shall submit all necessary documents to the City for review and final approval of the Lot Line Adjustment by the City Engineer. 2. The property owners for Lots 51 (Beall) and 53 (Monks) of Tract 14500 shall record the necessary deed transfer documents within one year of the date of the final decision, and copies of such recorded documents shall be provided to the City of Rancho Palos Verdes, Community Development Director. 3. Within 180 days following the recordation of the Lot Line Adjustment for Lots 51 and 53 of Tract 14500, the property owner of Lot 51 (Beall), shall obtain permission from the easement holder for all improvements located with any easement or shall remove all improvements within an easement. P.C. Resolution No. 2013-16 Page 5 of 5