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PC RES 2004-040P.C. RESOLUTION NO. 2004-40 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING THE REQUEST FOR A LOT LINE ADJUSTMENT AND VARIANCE TO CORRECT THE EXISTING ENCROACH- MENT OF CERTAIN IMPROVEMENTS FOR THE CITY - OWNED PROPERTY, LOCATED AT 30678 PALOS VERDES DRIVE EAST, UPON THE ADJACENT LEIMBACH AND SMITH PROPERTIES, LOCATED AT 2803 SAN RAMON DRIVE AND 2809 SAN RAMON DRIVE, RESPECTIVELY WHEREAS, in 1998, a high-intensity storm led to an overflow of the then -existing storm drain at the head of San Ramon Canyon, causing significant erosion of the descending slope at the rear of the property located at 30678 Palos Verdes Drive East; and, WHEREAS, in 2001, the City purchased the property at 30678 Palos Verdes Drive East from the previous' owner in order to settle claims related to the storm drain overflow, and conducted a property survey that revealed the encroachment of certain improvements upon adjacent properties on San Ramon Drive; and, WHEREAS, in 2003, the City completed storm drain repairs and the re -grading of the upper portion of Stan Ramon Canyon to repair the damage done by the 1998 storm, and, WHEREAS, in 004, the City decided to sell the Palos Verdes Drive East property and, wishing to "cleani up" the encroachments before disposing of the property, began to work with the adjacent San Ramon Drive property owners, the Leimbachs and the Smiths, to prepare the necessary applications and documents to affect the lot line adjustment; and, WHEREAS, on September 7, 2004, the applicants—the City of Rancho Palos Verdes, Joseph and Jacqueline Leimbach, and John and Minnie Smith ---submitted applications for Planning Case Nos SUB2004-00007 and ZON2004-00480 for a lot line adjustment and variance, respectively, to correct the existing encroachment of the improvements for the City properties upon the Leimbach and Smith properties; and, WHEREAS, on September 17, 2004, the applications for Planning Case Nos SUB2004-00007 and ZON2004-00480 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 October 12, 2004, 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 to correct the encroachment of certain improvements for the property located at 30678 Palos Verdes Drive East upon the adjacent properties located at 2803 San Ramon Drive and 2809 San Ramon Drive A. All three (3) parcels resulting from the requested lot line adjustment will exceed the minimum 120 -foot lot depth required by the development standards for the RS -2 zoning district The resulting parcel at 30678 Palos Verdes Drive East will exceed the minimum 90 -foot lot width specified by the RS -2 standards In addition, all three (3) 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 All three (3) 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 parcels at 2803 San Ramon Drive and 2809 San Ramon Drive will be substandard with respect to the minimum 90 -foot lot width 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 three (3) lots resulting from the proposed lot line adjustment to deviate from the minimum 20,000 -square -foot lot size and other development 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. Upon purchasing and surveying the Palos Verdes Drive East property in 2001, the City discovered the existing encroachments upon the adjacent San Ramon Drive properties. Such encroachments upon adjacent properties—although not unheard of elsewhere in the City—do not occur on other properties in the immediately -surrounding RS -2 zoning districts (i e., the San Ramon and El Prado Estates communities) The Planning Commission finds that 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. Without the adjustment of the lot lines to correct the existing encroachments, the ability of future owners of the Palos Verdes Drive East property to proposed additions or other improvements could be severely constrained. For example, future additions would need to comply with required setbacks from the existing property lines, which could lead to significant engineering and other technical difficulties in the construction of such additions. The Planning Commission finds that such constraints would not apply to other properties in the immediately -surrounding RS -2 zoning districts that do not encroach upon adjacent properties. 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 all nonconforming with respect to the minimum 20,000 -square - foot lot size imposed by the RS -2 zoning district, and the approval of the requested lot line adjustment and variance will not change this condition. The net increase in the size of the Palos Verdes Drive East property will not allow for any future subdivision of the lot, and all of the resulting lots will still comply with the maximum 40 -percent lot coverage standards imposed by the RS -2 zoning district. The Planning Commission finds that none of these changes will have any effect upon surrounding properties 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 1-2 DU/acre land use designation In addition, the correction of the existing encroachments 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." Furthermore, the existing boundary between the Residential 1-2 DU/acre and Hazard Area land use designations in Upper San Ramon Canyon is expected to be revised such that the developed portions of all three subject properties will be designated for residential use. The subject properties are not located within the City's coastal P.0 Resolution No 2004-40 Page 3 of 6 zone. Therefore, the Planning Commission finds the requested variance consistent with the City's General Plan. 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 16.08.020(B) and 17.64.060 of the Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing, and with the appropriate appeal fee, no later than fifteen (15) days following October 12, 2004, 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 correct the existing encroachment of certain improvements for the City -owned property, located at 30678 Palos Verdes Drive East, upon the adjacent Leimbach and Smith properties, located at 2803 San Ramon Drive and 2809 San Ramon Drive, respectively, subject to the conditions contained in Exhibit'A', attached hereto and made a part hereof, which are necessary to protect the public health, safety and welfare in the area. PASSED, APPROVED and ADOPTED this 12th day of October 2004, by the following vote: AYES- Chairman Mueller, Vice Chair Cote, Commissioners Gerstner, Karp and Knight, NOES. none ABSTENTIONS: none ABSENT: Commissioners Perestam and Tetreault Jofl Rqas, A Plan Cp�- Dir cto of F i and de Enford Building int; and Secretary to the Planning Commission L�- 6 �t - Craig Mueller Chairman P.C. Resolution No. 2004-40 Page 4 of -6- EXHIBIT 'A' CONDITIONS OF APPROVAL FOR PLANNING CASE NOS. SUB2004-00007 & ZON2004-00480 (Rancho Palos Verdes, 30678 Palos Verdes Drive East; Leimbach, 2803 San Ramon Drive; and Smith, 2809 San Ramon Drive) General Conditions: 1 Prior to 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 the construction of a lot line adjustment and variance to correct the existing encroachment of certain improvements for the City -owned property, located at 30678 Palos Verdes Drive East, upon the adjacent Leimbach and Smith properties, located at 2803 San Ramon Drive and 2809 San Ramon Drive, respectively. 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. P.0 Resolution No 2004-40 Page 5 of 6 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. Lot Line Adjustment Conditions:, 7 The resulting lots shall be substantially consistent with the following development standards: 8. Within one hundred eighty (180) days of the date of the final action on this application, the applicants/property owners shall submit final, corrected (if necessary) exhibits for Lot Line Adjustment No. SUB2004-00007 to the City for recordation with the County of Los Angeles. Failure to provide said materials and/or to record the lot line adjustment 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), develo} ment(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\SUB2004-00007 (RPV-Leimbach-Smith, 30678 Palos Verdes Dr E)\PC Resolution 2004-41 doc P C Resolution No. 2004-40 Page 6 of 6 Lot Size Lot Width Lot Depth Parcel Old New Old New Old New `AR 13,504 17,361 73.00' 123.00' 175.00' 175.00' (30678 Palos Verdes Dr. E. , By 12,498 11,651 65.00 6500 19594 16805 (2809 San Ramon Dr) I I IC9 12,144 9,134 66.00 66.00 184.05 (2803 San Ramon Dr) 28.45 _ RS -2 Zoning 20,000 SF 90' minimum 120' minimum District Standards minimum 8. Within one hundred eighty (180) days of the date of the final action on this application, the applicants/property owners shall submit final, corrected (if necessary) exhibits for Lot Line Adjustment No. SUB2004-00007 to the City for recordation with the County of Los Angeles. Failure to provide said materials and/or to record the lot line adjustment 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), develo} ment(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\SUB2004-00007 (RPV-Leimbach-Smith, 30678 Palos Verdes Dr E)\PC Resolution 2004-41 doc P C Resolution No. 2004-40 Page 6 of 6