PC RES 2010-019 P.C. RESOLUTION NO. 2010-19
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
40,467 SQUARE FEET TO A NON-CONFORMING 36,376
SQUARE FEET(PLANNING CASE NO. ZON2007-00340)AND A
LOT LINE ADJUSTMENT FOR LOTS 51 AND 53 OF TRACT
14500 (PLANNING CASE NO. SUB2007-00005).
WHEREAS, on July 23, 2007, the property owners of Lot 51 (Beall) and Lot 53 (Monks)
of Tract 14500, submitted a Lot Line Adjustment application to the Community Development
Department for review and processing. The property owner of Lot 53 also submitted an
application for a Variance to allow the exiting non-conforming lot size to be reduced. On July 31,
2007, Staff completed the initial review of the application, at which time the application was
deemed incomplete due to missing information on the project plans; and,
WHEREAS, Staff deemed the application complete on April 26, 2010; and,
WHEREAS, on May 18, 2010, 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
May 20, 2010; 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 8, 2010, at which time all interested parties were given an opportunity to be heard and
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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 incur the 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
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.
P.C. Resolution No. 2010-19
Page 2 of 4
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 8,
2010, 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. ZON2007-00340) 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 'A'.
PASSED, APPROVED, AND ADOPTED this 8th day of June 2010, by the following vote:
AYES: Commissioner Emenhiser, Tetreault, Vice Chairman Tomblin
NOES: Commissioner Lewis
ABSTENTIONS: None
ABSENT: Chairman Gerstner
RECUSED: Commissioner Knight, Leon ______-- ------
.,4,..-fflBill Gerstner
Chairman
.011111
Joel r • ..s, AICP
Com 'ty Deve ••► ent Director
P.C. Resolution No. 2010- 19
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EXHIBIT 'A'
CONDITIONS OF APPROVAL FOR
PLANNING CASE NO. ZO N 2007-00340 & S U B2007-00005
(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 180 days of the date of the Director's
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. 2010-19
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