CC RES 2015-029 RESOLUTION NO. 2015-29
A RESOLUTION OF CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES APPROVING A GENERAL PLAN AMENDMENT FROM R1-2 TO
R2-4, A TENTATIVE PARCEL MAP NO. 72999 AND A VARIANCE FOR
5656 CREST ROAD (CASE NOS.ZON2014-00279 AND SUB2014-00004).
WHEREAS, on February 4, 2014, General Plan Amendment and Zone Change Initiation
Requests were submitted to the Planning Division requesting General Plan land use and Zoning
designation changes in connection with a proposed lot split 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, and after
considering information that was part of the public record, 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 designations to accommodate a lot split 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
a 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 to appropriate public agencies for
a comment period of 20-days, commencing 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 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 was
prepared and notice thereof was given in the manner required by law; and,
WHEREAS, the Planning Commission conducted a duly noticed public hearing on the
proposed project and adopted P.C. Resolution No. 2015-04 (3-2 vote with Commissioner James and
Chairman Leon dissenting), recommending that the City Council approve the proposed project; and,
WHEREAS, on March 13, 2015, notice of the proposed General Plan Amendment, Zone
Change, Environmental Assessment, Parcel Map and Variance was sent to all property owners
within 500' of the subject site and published on the same day in the Daily Breeze and subsequently
published in the Peninsula News on March 19, 2015; and,
WHEREAS, after notices were issued pursuant to the requirements of the Rancho Palos
Verdes Development Code, the City Council held a duly noticed public hearing on April 21, 2015, at
which time all interested parties were given an opportunity to be heard and present evidence;
Resolution No. 2015-29
Page 1 of 5
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The project involves a change in the General Plan land use designation of a
vacant property from R1-2 (Residential 1 to 2 du/ac) to R2-4 (Residential 2 to 4 du/ac) for the
subdivision of a single vacant lot into two separate lots with reduced lot widths of 67.5'.
Section 2: The proposed change in the General Plan land use designation is warranted,
since the proposed amendment is internally consistent with the General Plan and is in the public's
interest. The General Plan describes the existing 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 the proposed 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 upon
future development of the subject property 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. Additionally, since two of the four corners on Whitley Collins Drive and Crest
Road intersection have the same density with similar developments as is proposed for the subject
property, 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 3: 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:
A. The proposed map is consistent with the City's General Plan, as revised by this approval.
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 corner lots
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 results in 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, with the exception of the width of the lots, which are
addressed by the variance that is being approved concurrently.
B. The design or improvement of the proposed subdivision is consistent with the revised
General Plan designation approved concurrently herewith. More specifically, the proposal
complies with the requirements set forth in the Development Code, with exception of lot
width. The findings for a Variance are warranted for the reduction in lot with from 75' to
67.5', as set forth 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.
Resolution No. 2015-29
Page 2 of 5
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 connections
that currently serve 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,
which are not present on the subject property. 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 with mitigation measures that reduce these impacts to an insignificant level.
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 will 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 he has conditionally approved them accordingly. Furthermore, more detailed site
and project-specific geotechnical reports will be required 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 4: 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 discussed in the Staff report and the
ordinance that is being approved concurrently herewith, the proposed zone change is
Resolution No. 2015-29
Page 3 of 5
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 neighborhood surrounding the
property. 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 of 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 discussed in the Staff report and the
ordinance that is proposed as part of this application, 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
that is compatible with the surrounding existing development is necessary for the
preservation and enjoyment of a substantial property right of the applicant.
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 automobile 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 automobile service station,
which would not be compatible with the adjacent residential area. 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 upon 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, as
concurrently amended, or the policies and requirements of the coastal specific plan. More
specifically, the proposed increase in density is consistent with the revised General Plan
designation and will create a reasonable transition between lower and higher densities in the
vicinity. 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,
Resolution No. 2015-29
Page 4 of 5
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 do not apply, as the subject lot is not located within
the coastal zone.
Section 5: 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 City Council
of the City of Rancho Palos Verdes hereby:
a) Approves 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),
b) Approves Tentative Parcel Map 72999 (Exhibit 'B') with a Variance; thereby allowing the
subdivision of a single vacant lot into two separate lots with reduced lot widths of 67.5',
subject to the conditions of approval set forth in Exhibit"A,"which is attached hereto and
incorporated herein by this reference.
PASSED, APPROVED AND ADOPTED this 21st day of April 2015.
Ada
dpwor
Attes � .,
4-u.gak.
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above
Resolution No 2015-29 was duly and regularly passed and adopted by the said City Council at a
regular meeting held on April 21, 2015.
77' AC----)//7
4://64 Wifkida_
City Clerk
Resolution No. 2015-29
Page 5 of 5
Resolution 2015-29
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, 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.
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.
Resolution No. 2015-29
Exhibit A
Page 2 of 4
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.
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).
Resolution No. 2015-29
Exhibit A
Page 3 of 4
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 parcels 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 with Public
Works Department requirements, including, but not limited to, landscaping and curb
cuts to the Public Works Director's satisfaction.
Resolution No. 2015-29
Exhibit A
Page 4 of 4
SCALE: 1" =20' TENTATIVE SHEET 1 OF 1 SHEET
SUEIGIVIOER
PARCEL MAPNO .
LMC MANAGEMENT GROUP.LLC
4040 MACARTHUR BOULEVARD.STE 250 IN THE CITY OF RANCHO PALOS VERDES '
NEWPORT BEACH,CA 92660
(949)230-1496 COUNTY OF LOS ANGELES I
LEGAL DESCRIPTION STATE O F CALIFORNIA ENG,NEER r ss, �r
THAT PORTION OF LOT 75 of LACA NO 51,IN THE DENN ENGINEERS `��' �--
COUNTY OF LOS ANGELES.STATE OF CALIFORNIA,AS PER �'� .Ty
3914 DEL AMD BLVD., STE 921 "• to-a4�?c =.
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MAP RECORDED IN 800K 1 PAGE 1.OF ASSESSOR'S FOR SUBDIVISION PURPOSES TORRANCE, CA 90503 t •
1.,CA-J7-1E
MAPS,IN THE OFRCE OF THE RECORDER OF SAM COUNTY, 310 542-9433 '5 r'
DESCRIBED AS FOLLOWS: { ) �''
COMMENCING AT THE INTERSECTION Or THE CENTER LINE a `,
OF CREST ROAD(100 FEET WIDE)AND THE CENTERLINE ;`•
OF WHITLEY COLLINS DRIVE(70 FEET AIDE)AS SHOWN ON r DATE 6-17-�4
THE MAP OF TRACT NO.27789,AS PER MAP RECORDED IN GARY J ROf.1f{. R C.E.30826
BOOK 895 PAGES 96 THROUGH 1O0 INCLUSIVE OF MAPS.
IN THE OFFICE OF THE RECORDER OF SAID COUNTY;
•
THENCE ALONG THE SAD CENTERLINE OF CREST ROAD.
NORTH 50'CO' 13"EAST 19700 FEET;THENCE SOUTH 39' `t . .. ;%
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LINE NORTH 39'59'47"WEST 57 39 FEET TO THE . "p
BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY AND VICINITY MAP (NTS)
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ALSO TANGENT TO SMO SOUTHEASTERLY LANE OF CREST
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FST TO THE TRUE POINT OF BEGINNING
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Resolution No.2015-29 —314
Exhibit B
Page 1 of 1