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PC RES 2015-004 P.C. RESOLUTION NO. 2015-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES RECOMMENDING THAT THE CITY COUNCIL ADOPT A MITIGATED NEGATIVE DECLARATION AND APPROVE THE GENERAL PLAN AMENDMENT, ZONE CHANGE, TENTATIVE PARCEL MAP 72999 AND VARIANCE FOR A LOT SPLIT THE PROPERTY LOCATED AT 5656 CREST ROAD (CASE NOS. ZO N 2014-00279 AND S U B2014-00004). WHEREAS, on February 4, 2014, a General Plan Amendment and Zone Change Initiation Requests were submitted to the Planning Division requesting General Plan land use and Zoning designation changes for a vacant property located at 5656 Crest Road; and, WHEREAS, on May 20, 2014, the City Council conducted a public hearing on a General Plan Amendment and Zone Change Initiation Requests for the subject property, provided a strong inclination for the proposal, and allowed the applicant to submit the necessary applications and proceed through the review process for a proposed change in the General Plan land use and Zoning designation for the subject site; and WHEREAS, on July 8, 2014, the applicants submitted formal applications for said General Plan Amendment, Zone Change, Environmental Assessment, Parcel Map and Variance. Based on preliminary review, the application was deemed incomplete on July 15, 2014. After subsequent submittals and reviews of additional information, Staff deemed the project complete on December 22, 2014; and, WHEREAS, on January 15, 2015, notice of the Initial Study and draft Mitigated Negative Declaration and the proposed General Plan Amendment, Zone Change, Parcel Map and Variance was sent to all property owners within 500' of the subject site and appropriate public agencies for a comment period of 20-days, commenting on January 15, 2015 and concluding on January 25, 2015. Additionally, the notice was published on the same day in the Palos Verdes Peninsula News; 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), the City of Rancho Palos Verdes has prepared an Initial Study and determined that there is no substantial evidence that the approval for the General Plan Amendment, Zone Change, Tentative Parcel Map 72999 and Variance would result in a significant adverse effect on the environment provided appropriate mitigation measures are imposed on the project. Thus, a Mitigated Negative Declaration has been prepared and notice of same was given in the manner required by law; and, WHEREAS, after notices were issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on February 10, 2015, 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: Resolution No. 2015-04 Page 1 of 9 s Section 1: That the project involves a change in the General Plan land use and Zoning map designations of a vacant property from R1-2 (Residential 1 to 2 du/ac) and RS-2 (Single-Family Residential 2 du/ac) to R2-4 (Residential 2 to 4 du/ac) and RS-4 (Single-Family Residential 4 du/ac) for the subdivision of a single vacant lot into two separate lots with reduced lot widths. Section 2: That the Planning Commission has independently reviewed and considered the proposed Mitigated Negative Declaration, the public comments upon it, and other evidence before the Commission prior to taking action on the proposed project and finds that the Mitigated Negative Declaration was prepared in the manner required by law and there is no substantial evidence, provided appropriate mitigation measures are taken, that the approval of the General Plan Amendment, Zone Change, Tentative Parcel Map No. 72999 and Variance would result in a significant adverse effect upon the environment. Section 3: That there are no sensitive natural habitat areas on the subject site and therefore, the proposed project will have no individual or cumulative adverse impacts upon resources, as defined in Section 711.2 of the State Fish and Game Code. Section 4: That with the appropriate mitigation measures that address impacts upon air quality, geology and soils, hydrology and water quality, land use and planning, noise, public services, transportation and traffic in the community as set forth in the Mitigation Monitoring Program, Exhibit "B", attached hereto, the proposed project's potential significant impacts will be below a level of significance. Section 5: That the proposed change in the General Plan land use and Zoning designations are warranted since the proposed amendment is internally consistent with the General Plan and in the public's interest, and the Zoning is consistent with the General Plan. The General Plan describes the R1-2 land use designation as follows: "Vacant land designated in this density range has low and moderate physical constraints, and social constraints, such as public views and vistas which at this density can be controlled through subdivision design. This density is compatible with the Peninsula environment and with adjacent existing densities and/or a reasonable transition between lower and higher densities." The General Plan describes R2-4 land use designation as follows: "Vacant land designated in this density range has low and moderate physical and social constraints and the density is compatible with the adjacent existing and future densities." Based on these descriptions, the properties south of Crest Road were designated as R1-2 because there are public views and vistas across said area in a southerly direction of the ocean and Catalina Island, while the properties north of Crest Road were designated as R2-4 as there are no views across that area. The incorporation of the restriction for future development to one-story structures on the new lots would preserve the existing views and vistas as structures up to 16' in height are allowed by-right and there are no views across that area. This is also consistent with the Urban Appearance Overlay Control District (OC-3) that also govern the property, which was established to preserve, protect and maintain significant views and vistas from major public view corridors and public lands. Additionally, since two of the four corners on Whitley Collins Drive and Crest Road intersection have the same density with similar developments as proposed, the proposal to increase the density to match said developments is a reasonable transition between lower and higher densities located south and north of Crest Road, respectively. Section 6: That the Tentative Parcel Map No. 72999 complies with the requirements set forth in the State's Subdivision Map Act, the Development Code and other applicable sections of the City's Municipal Code, because: Resolution No. 2015-04 Page 2 of 9 i A. The proposed map is consistent with the City's General Plan. More specifically, the subject property is one of four corner lots at the intersection of Crest Road and Whitley Collins Drive. While the proposed density of R2-4 is higher than the abutting neighborhood with a density of R1-2, the proposal will match the two corners located immediately across Crest Road. Increasing the density of the subject lot to match those corner lots (northwest and northeast) at the same intersection while limiting future development to single-story residential structures is a reasonable transition from the abutting neighborhood with a lower R1-2 density. Additionally, the new lots with the proposed R2-4 land use density will comply with the minimum lot dimensions required for the corresponding RS-4 zoning district. B. The design or improvement of the proposed subdivision is consistent with the General Plan. More specifically, the proposal complies with the requirements set forth in the Development Code, with exception to lot width. The findings for a Variance is warranted for the reduction in lot with from 75' to 67.5', as evidenced in Section 4 below. Additionally, both lots 1 and 2 will have ingress and egress from Whitley Collins Drive which currently serve the surrounding existing residential development. C. The site is physically suitable for the proposed type and density of the development. More specifically, the proposed subdivision will result in two lots that comply with the minimum requirements of the City's Development Code for the proposed RS-4 zoning district with an approved Variance for reduced lot widths. Additionally, each of the proposed lots will meet the minimum contiguous lot area requirement of 3,300ft2 for a RS-4 zoning district. The size of the contiguous lot area on the vacant lots will be large enough to accommodate a residence that complies with the standards set forth in the Development Code for a RS-4 zoning district, as it pertains to structure size, lot coverage and setbacks. Further, access will be provided from Whitley Collins Drive and utilities are available for future connection as it currently serves the surrounding existing residential developments. D. The design of the subdivision for the proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. More specifically, the Initial Study determined that the proposed project will not significantly impact the natural environment, but future development on the parcels may impact air quality, geology/soils, hydrology/water quality, land use/planning, noise, public services, transportation/traffic in the community unless mitigation measures are adopted. Thus, a Mitigated Negative Declaration was prepared. Additionally, according to the General Plan's Biotic Species Map, the subject property is not located within an area designated as a blue line stream or an area that contains major wildlife. Further, according to the City's Natural Communities Conservation Plan (NCCP), no Coastal Sage Scrub habitat or sensitive species have been identified on the subject property and/or any nearby properties. E. The design of the subdivision or type of improvements will not cause serious public health problems. More specifically, any future residential development of the vacant parcel will have to be constructed in conformance with the City's Development Code standards for the RS-4 zoning district and require approval by the Building & Safety Division to ensure compliance with the California Building Code. Additionally, the City's Geotechnical Consultant has reviewed the geotechnical reports that were prepared for the proposed parcel map and has conditionally approved them accordingly. Furthermore, more detailed site and project-specific geotechnical reports will be required Resolution No. 2015-04 Page 3of9 s at the time a future development proposal is submitted on the vacant lots, which must then be reviewed and approved by the City's Geotechnical consultant. Moreover, the placement of the proposed ingress/egress was approved by the City's Engineer consultant for access to the lots. With regards to wastewater and utilities, the existing parcel is directly adjacent to a street (Whitley Collins Drive) that will permit connection to an existing public line, that currently serve the existing surrounding residential development. F. The design of the subdivision or the type of improvements will not be in conflict with the easements, acquired by the public at large, for access through or use of, property within the proposed subdivision since there are no existing easements on the subject lot. Section 7: That a Variance is warranted for the reduced lot with of 67.5' while 75' minimum is required for new lots within the RS-4 zoning district because: 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. More specifically, the proposal involves a zone change to increase the density of the subject property from RS-2 to RS-4 to accommodate the minor subdivision of a single lot into two separate lots. As detailed in Section 5 above, the proposed zone change is warranted. Additionally, the existing lot measures 135' in width by 120' in depth. The proposal is a request to divide this lot in equal halves, resulting in each lot measuring 67.5' in width by 120 in depth, while the Code required minimum is 75' in width by 120 in depth. This lot is one of four corner lots located at the Crest Road and Whitley Collins Drive intersection. The two corner lots to the north are already developed with residential structures on lots with similar sizes and layouts as the subject proposal. The southwesterly lot is developed with a nursery school. The subject southeast lot was once developed with an auto service station, which has been demolished and completely remediated. This lot is unique as there is an overlay district that allows an auto service station (OC-4) with an approval of a Conditional Use Permit, despite the residential surrounding. Allowing a minor subdivision on this lot for residential development would no longer allow for a viable auto service station primarily due to the substantial reduction in the lot size. Additionally, a residential development on this lot would be the most compatible with the surrounding uses, which are limited to residential with exception to the nursery school. The existing pattern of development in the surrounding area and the unique uses allowed on the subject lot is an exceptional/extraordinary condition that does not apply generally to other properties in the same zoning district. 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. More specifically, as detailed in Section 5, the proposed zone change from RS-2 to RS-4 is warranted. The two corner lots at the same intersection to the north of Crest Road and Whitley Collins are already developed with residential structures on lots with similar sizes and configurations as the proposal on the subject property. Therefore, the proposal for reduced lot widths for a minor subdivision to accommodate future residential development compatible with the surrounding existing development is necessary for the preservation and enjoyment of a substantial property right of the applicant. Resolution No. 2015-04 Page 4 of 9 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. More specifically, there is an overlay district on the subject lot that allows an auto service station with an approval of a Conditional Use Permit. Allowing the subdivision to create two smaller lots would no longer make it viable for the future development of an auto service station. Additionally, a residential use on the subject lot would be most compatible and harmonious as the surrounding area is limited to residential uses. Additionally, future development on the new lots would be limited to single-story structures to minimize potential view impacts from existing residential developments. Furthermore, the City's geotechnical consultant as well as the City's Engineer consultant reviewed the proposal and granted conceptual approval. Lastly, there are existing utilities for connection that already serve the surrounding residential development. 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. More specifically, the proposed increase in density is consistent with the General Plan as the existing land use designation of R1-2 is described to have social constraints, such as views and vistas which could be controlled through subdivision design for a reasonable transition between lower and higher densities. The subject lot is located south of Crest Road, which consists of density levels lower (1 to 2 du/ac) than the properties located to the north (2 to 4 du/ac). At the Crest Road and Whitley Collins intersection, the two corner properties to the north are developed with residential development on lot sizes and configurations similar to the proposal on the subject southeast lot. The properties to the north are located at a higher elevation with views of the ocean and Catalina Island over the properties located south of Crest Road. Additionally, some properties to the south have views over each other's property of the same view. Acknowledging the existing views, future development of the new lots will be limited to a single-story. With this height restriction, allowing a higher density on the subject lot for residential development consistent with existing developments north of Crest Road allows for a reasonable transition between the lower and higher densities in the area. Also, the requirements of the coastal specific plan does not apply as the subject lot is not located within the coastal zone. Section 8: For the foregoing reasons and based on the information and findings included in the Initial Study, Staff Report, minutes and records of the proceedings, the Planning Commission has determined that the project as conditioned and mitigated will not have a significant adverse impact on the environment. Therefore, Planning Commission of the City of Rancho Palos Verdes hereby recommends that the City Council; a) Adopt the Mitigated Negative Declaration, b) Approve the General Plan Amendment; thereby allowing a change in the land use designation from Residential 1 to 2 du/ac (R1-2) to Residential 2 to 4 du/ac (R2-4), c) Approve the Zone Change, thereby allowing a change in the zoning designation from Single-Family Residential 2 du/ac (RS-2) to Single-Family Residential (RS-4), d) Approve Tentative Parcel Map 72999 with a Variance; thereby allowing the subdivision of a single vacant lot to two separate lots with reduced lot widths of 67.5', as conditions in the attached Exhibit "B". Resolution No. 2015-04 Page 5of9 PASSED, APPROVED AND ADOPTED this 10th day of February 2015, by the following vote: AYES: Commissioners Cruikshank, Emenhiser, Vice Chairman Nelson NOES: 00in ss10 ier James, Chairman Leon ABSTENTIONS: None RECUSALS: None ABSENT: Commissioners Gerstner, Tomblin 6.06-4 Gordon Leon, Chairman AIM Joel Roj-s, A Commu ity D:velop - Director; and, Secreta of t e Plan ►g Commission Resolution No. 2015- 04 Page 6 of 9 Exhibit"A" Conditions of Approval General Plan Amendment, Zone Change, Tentative Parcel Map 72999, Variance Case Nos. ZON2014-00279 & SUB2014-00004 5656 Crest Road General 1. Within 90 days of this approval, the applicant and/or the property owner 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 90 days following the date of this approval shall render this approval null and void. 2. Approval of this permit shall not be construed as a waiver of applicable and appropriate zoning regulations, or any Federal, State, County and/or City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Rancho Palos Verdes Municipal Code shall apply. 3. The Community Development Director 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 by the City Council that approved the original project, which may require new and separate environmental review. 4. Failure to comply with and adhere to all of these conditions of approval may be cause to revoke the approval of the project pursuant to the revocation procedures contained in Section 17.86.060 of the City's Municipal Code. 5. In the event that any of these conditions conflict with the recommendations or requirements of another permitting agency or City department, the stricter standard shall apply. 6. The subdivision allows for two parcels that shall comply with the minimum lot dimensions required by the Development Code for the RS-4 Zoning District, with a reduced lot width of 67.5'. Vacant Lot 1 will contain a lot area of 10,306ft2; while Lot 2 will also be vacant and contain a lot area of 10,420ft2. Both lots will measure 67.5' in width by 120' in depth. 7. This approval expires 24 months from the date of approval of the parcel map by the Planning Commission, unless extended per Section 66452.6 of the Subdivision Map Act and Section 16.16.040 of the Development Code. Any request for extension shall be submitted to the City Council in writing and with the appropriate fee prior to the expiration of the map. 8. Easements shall not be granted within easements dedicated or offered for dedication to the City until after the final map is filed and recorded with the County Recorder. No easements shall be accepted after recording of the final map that in any way conflict with a prior easement dedicated to the City, or any public utility. All existing easements shall remain in full force and effect unless expressly released by the holder of the easement. 9. The proposed parcel map shall adhere to all the applicable dedications and improvements required per Chapter 16.20 of the Development Code. Resolution No. 2015-04 Page 7 of 9 Prior to the Submittal of Final Parcel Map 72999 10. According to Section 16.20.130 of the Development Code and the Subdivision Map Act, at the time of making the survey for the final parcel map, the engineer or surveyor shall set sufficient durable monuments to conform to the standards of the Subdivision Map Act. Prior to recording the final map, the exterior boundary of land being subdivided shall be adequately monumented with no less than a two (2) inch iron pipe, at least eighteen (18) inches long, set in dirt and filled with concrete at each boundary corner. The parcel lot corners shall be monumented with no less than one-half inch iron pipe for the interior monuments. Spikes and washers may be set in asphalt pavement and lead and tacks may be set in concrete pavement or improvements in lieu of pipes. All monuments shall be permanently marked or tagged with the registration or license number of the engineer or surveyor under whose supervision the survey was made. 11. A note shall be placed on the final map stating that a geology and/or soils report has been prepared in conjunction with the subdivision. 12. All existing easements shall be clearly illustrated and described on the final parcel map. 13. Prior to submitting the final map to the City Engineer for examination, the applicant shall obtain clearance from all affected departments and divisions, including a clearance from the City Engineer for the following items: mathematical accuracy, survey analysis, correctness of certificates and signatures. 14. Development shall comply with all requirements of the various municipal utilities and agencies that provide public services to the property prior to approval of the final map. Prior to the Recordation of Final Parcel Map 72999 15. Parkland dedication fees, pursuant to Section 16.20.100 of the Development Code, shall be paid to the City. 16. The final map is subject to review and approval by the City Engineer. A trust deposit shall be established with the City to cover any costs of the City Engineer's review. 17. Prior to recordation, the applicant shall supply the City with a digital copy of the Final Parcel Map in the format required by the County of Los Angeles, through ordinance #99-0080. An additional copy for the County of Los Angeles will also be required upon submittal of the Final Parcel Map to the Los Angeles County Recorder's office. After Recordation of the Final Parcel Map 72999 18. The applicant shall supply the City with one mylar and copies of the map after the final map has been filed with the Los Angeles County Recorder's Office. Future Development Proposals 19. The ingress and egress access shall be from Whitley Collins Drive and no access shall be allowed from Crest Road. Existing curb cuts and driveways on Crest Road shall be removed. Resolution No. 2015-04 Page 8 of 9 • • 20. Future development of the lots shall comply with the RS-4 requirements of the City's Municipal Code at the time and date the Tentative Parcel Map is approved by the City. 21. Future development of the lots shall comply with the City adopted Mitigation Measures associated with the adopted Mitigated Negative Declaration for the map. 22. Future development proposals shall be restricted to a maximum building height of 16', as measured from the highest point covered by structure to the ridgeline; and 20', as measured from the point where the lowest foundation or slab meets finished grade to the ridgeline, for a single-story structure on each of the proposed lots. 23. Future development proposals will require submittal of appropriate applications for review to the City, including, but not limited to a Grading Permit, Site Plan Review and Neighborhood Compatibility Analysis. 24. A sewer connection fee shall be paid to the County Sanitation Districts of Los Angeles County prior to the issuance of a permit to connect to the sewer line. 25. All lots shall be served by adequately sized water system facilities, which shall include fire hydrants of the size, type and location as determined by the L.A. County Fire Department. The water mains shall be of sufficient size to accommodate the total domestic and fire flows required for a land division. Domestic flow requirements shall be determined by the L.A. County Fire Department. 26.Addresses for the proposed vacant lots shall be obtained by the property owner from the City prior to issuance of any building permit for the subject parcel(s). 27. The applicant shall be responsible for repair to any public street that may be damaged during any future development of the subject parcels. 28. All utilities to and on the subject lots shall be provided underground, including cable television, telephone, electrical, gas and water. All necessary permits shall be obtained for their installation. 29. Future development of the vacant parcel shall be subject to review by the City's Geotechnical Consultant prior to obtaining approval of any Planning Division applications for development. 30. Prior to Building or Grading Permit issuance, the applicant shall comply to Public Works Department requirements, including, but not limited to, landscaping and curb cuts to the Public Works Director's satisfaction. Resolution No. 2015-04 Page 9 of 9