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RPVCCA_CC_SR_2014_05_20_02_Change_General_Plan_Land_Use_DesignationCITY OF RANCHO PALOS VERDES PUBLIC HEARING Date: May 20, 2014 Subject: General Plan Amendment & Zone Change Initiation Request to Change the City's General Plan Land Use and Zoning Designations for a Vacant Lot at 5656 Crest Road to Allow Subdivision of the Lot into Two Separate Lots (Case No. ZON2014-00055) Subject Property: 5656 Crest Road 1. Declare the Hearing Open: Mayor Duhovic 2. Report of Notice Given: City Clerk Morreale 3. Staff Report & Recommendation: Associate Planner Kim 4. Public Testimony: Applicant: Tomaro Architecture Appellant: N/A 5. Council Questions: 6. Rebuttal: 7. Declare Hearing Closed: Mayor Duhovic 8. Council Deliberation: 9. Council Action: 2-1 CITY OF RANCHO PALOS VERDES COM MUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: DATE: SUBJECT: JOEL ROJAS, COMMUNI ELOPMENT DIRECTOR MAY 20, 2014 GENERAL PLAN AMENDMENT & ZONE CHANGE INITIATION REQUEST TO CHANGE THE CITY'S GENERAL PLAN LAND USE AND ZONING DESIGNATIONS FOR A VACANT LOT AT 5656 CREST ROAD TO ALLOW SUBDIVISION OF THE LOT INTO TWO SEPARATE LOTS (CASE NO. ZON2014-00055). REVIEWED: CAROLYNN PETRU, ACTING CITY MANAGE ~ Project Manager: So Kim, Associate Planner ~ RECOMMENDATION Review the proposal and affirm Staff's concerns with the proposed General Plan Land Use and Zoning designation changes for the vacant property located at 5656 Crest Road. BACKGROUND On February 4, 2014, applications (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. After preliminary review, the application was deemed incomplete on February 11, 2014. Additional information was submitted by the applicant and the application was deemed complete on April 17, 2014 . Pursuant to City Council Policy No. 33 (attached) and Development Code Chapter 17.68 (Zone Changes), notice of the request was published in the Peninsula News and sent to all persons owning property within 500' radius of the subject site on April 24, 2014. Staff received one email in objection to the proposal (attached) which is addressed under 'Additional Information' below . 30940 HAWTHORNE BLVD./ RANCHO PALOS VERDES, CA 90275-5391 PLANNING & CODE ENFORC EMENT DIVIS ION (310) 544-5 228 I BU ILDING & SAFETY DIVI SION (310) 265-7800 I DEPT. FAX (310) 544-5293 E-MA IL: PLANNING@RPV.CO M I WWWPALOSV ERDES .COM/RPV 2-2 SITE AND PROJECT DESCRIPTION The subject site is a 20,468ft2 rectangular lot located at the southeast corner of Crest Road and Whitley Collins Drive. This property was formally a Unocal service station which was demolished in 1993 and all necessary corrective/remediation actions were completed for the underground storage tank(s) in 2012. As shown in the attached aerial, the subject site is surrounded by detached, single-family residences (Mesa Palos Verdes and The Island View) to the north, east and south, and Hilltop Nursery School in a converted, former Chevron service station to the west at 5702 Crest Road. The existing General Plan land use and zoning designations for the site are R1-2 (Residential 1-2 du/ac) and RS- 2/Automotive Service Station Overlay (Single-Family Residential 2 du/ac), respectively. -The proposed request is to change the General Plan land use and zoning designations of the property from R1-2 (Residential 1-2 du/ac) and RS-2 (Single-Family Residential 2 du/ac) to R2-4 (Residential 2-4 du/ac) and RS-4 (Single-Family Residential 4 du/ac). The purpose of the requested change is to potentially subdivide the single lot into two separate lots, for the development of a single-family residence on each lot. DISCUSSION Review Process A proposed change in a General Plan land use designation is governed by City Council Policy No. 33 which was adopted by the City Council on May 6, 1997. City Council Policy No. 33 establishes the process for General Plan Amendment Initiation Requests. A proposed change in zoning is governed by Chapter 17.68 of the City's Municipal Code. Pursuant to Municipal Code Section 17.68.030(C), "Any person having an interest in land may file an application with the City Council for a change of zone and/or an amendment to this title upon submission to the Director of an initiation application and payment of a filing fee, as established by the City Council. The City Council shall review an accepted initiation application to determine if the requested amendment and/or change is necessary or desirable." The initiation request process is a procedure that allows the applicant to gauge the Council's general outlook on the proposed request prior to submitting more costly General Plan Amendment and Zone Change applications along with the preparation of any necessary studies. Because the information provided by an applicant in an initiation request is general, at the meeting, the Council only needs to provide general feedback to the applicant on his/her proposal. Whatever feedback the City Council provides is not binding as the applicant has the ability to file or not file the formal General Plan Amendment and Zone Change applications regardless of the Council's feedback. Should the applicant ultimately decide to move forward with the formal application process, the land use and zone change requests will be forwarded to the Planning Commission for review and consideration. Subsequently, the Planning Commission will forward a formal 2-3 recommendation on the proposal to the City Council for a final decision. The applicant also has the ability to submit subdivision and actual development applications to be processed concurrently with the General Plan Amendment and Zone Change requests. While the current land use and zoning designation would only allow for the development of one dwelling unit on the subject property, the proposal re-designation and rezoning could allow for a subdivision and the development of two dwelling units. In preliminarily reviewing the proposed concept of subdivision and the development of two separate lots, Staff has the following initial comments: Potential Pros: Visual compatibility from the street when comparing the development at the four corners intersecting Whitley Collins and Crest Road since the two corners to the north is part of a residential tract already developed and zoned RS-4. More specifically, the proposed two new lots on the subject property would match what is already existing at the northwest and northeast corner of said intersection, with relation to lot layout, density, lot coverage, and setbacks. Staff does not anticipate substantial increase in traffic as a result of two additional dwelling units. According to Trip Generation 5th Edition written by the Institute of Transportation Engineers (1997), the average rate of trip generation for a single-family detached housing is 9.57. With the proposed development of two homes, the average weekday trip generation will be 19. Additionally, since there are existing utilities in the area, Staff does not anticipate adverse impacts to utilities from two additional residential developments. Potential Cons : Incompatibility with the abutting residential tract to the south (referred to as 'The Ridge'), related to density, open space and lot size. While the properties to the north of Crest Road are denser as they are zoned RS-4 allowing for increased lot coverage, properties within The Ridge residential tract provide for more open space as they are less dense, zoned RS- 2. More specifically, the properties to the north are limited to 50% lot coverage, while The Ridge properties are limited to 40%. Below is an aerial of the two neighborhoods as a visual comparison of the lot sizes and zoning designations. 2-4 In relation to lot sizes, The Ridge properties mostly have substandard lot sizes which are less than the required minimum of 20,000ft2 for the underlying RS-2 zoning district. However, it should be noted that Residential Planned Developments generally allow for smaller lot sizes for providing common open space areas. For example, the lot sizes for The Ridge properties range from approximately 12,000ft2 to 20,000ft2. The proposed new lot sizes on the subject lot will be approximately 10,000ft2 in size, which will be even smaller than what exists in The Ridge and half of what is required for new lots in the RS-2 zoning district. The required minimum lot width and depth for new lots within the RS-4 zoning district is 90' and 120', respectively. The lot width and depth of the two lots is proposed to be 67.5' by 120', respectively. As a result, approval of a Variance application would be required to create the new substandard lots with non-conforming lot widths. Given that the existing lot currently meets the lot size, width and depth of the underlying zoning designation of RS-2, which is also consistent with the abutting RS-2 residential tract, Staff has concerns with the proposal as the appropriate findings in support of a Variance application to create substandard lots may not able to be made by the Planning Commission. Staff's Position Staff has some preliminary concerns with the proposal. Specifically, creating 1) an inconsistent land use and zoning designation on a single property to allow for a higher RS- 4 density in an area directly adjacent to existing lower density of RS-2; 2) new residential lots with open space, lot size and density that would be incompatible with the abutting residential tract; and 3) new residential lots with non-conforming lot widths which would require a Variance application that may not obtain Planning Commission's approval. Staff is recommending that the Council affirm these concerns and allow the applicant to decide whether they want to pursue the formal application process. 2-5 ADDITIONAL INFORMATION Public Correspondence Mr. Don Rendowitz residing at 29625 Whitley Collins Drive, submitted the attached email objecting to the proposed land use and zone change requests. He expresses in his email that the proposed changes are inconsistent with the surrounding neighborhood and will decrease property values. FISCAL IMPACT Should the General Plan Amendment and Zone Change applications be submitted, the fees collected for the applications would offset the cost of processing the applications. ALTERNATIVES In addition to Staff's recommendation, the following alternative is available for the City Council's consideration: 1. Identify additional issues of concern not identified by Staff and continue the request to a future meeting to allow Staff and/or applicant to provide additional information; or, 2. Despite Staff's concerns, provide the applicant positive feedback and encourage them to submit the formal applications; or, 3. Maintain a neutral position and allow the applicant's decide whether or not to pursue the formal applications. ATTACHMENTS • Public Correspondence • City Council Policy No. 33 • Preliminary Plans 2-6 Public Correspondence 2-7 So Kim From: Sent: To: Cc: Subject: Follow Up Flag: Flag Status: Dear Mr. Kim, Pilotdon4 < pilotdon4@aol.com> Thursday, April 24, 2014 1:43 PM So Kim Jerry Duhovic; Jim Knight; Susan Brooks; Brian Campbell; Anthony Misetich; PlanningCommission General Plan Revision Flag for follow up Completed This is to express my complete objection to the proposed change (case No. 2014-00055). The proposed change is completely inconsistent with the nature of the surrounding neighborhood. My home is in the Mesa Palos Verdes tract, an entity that has existed for over forty years. This tract of over 75 homes, as well as the new tract on Whitley Collins are in full compliance with the present zoning . Modifying the zoning for this one lot is satisfying the desires of one Corporation at the expense of these surrounding homes, resulting in a loss of property value to us all . Other than to Union Oil, I see no positive benefit to anyone in the community . I moved to RPV in 197 4, at a time that this type of" lets get the most bucks for out land" was prevalent and was in fact a major factor in creating the City of RPV,to pre ventt this type of action I hope that you will act appropriately to protect our city and our neighborhood Sincerely, Don Renkowitz 29625 Whitley Collins Dr . Rancho Palos Verdes email: Pilotoon4@gmail.com 1 2-8 City Council Policy No. 33 2-9 CITY COUNCIL POLICY NUMBER; 33 DATE ADOPTED/AMENDED: 05/06/97 SUBJECT: General Plan Amendment Initiation Request Procedure POLICY: It shall be the policy of the City Council that the General Plan Amendment Initiation Request (GPAIR) process shall be an optional process to be followed at the discretion of an applicant. In the event that an optional General Plan Amendment Initiation Request (GPAIR) application is filed, the following requirements shall be adhered to: 1. The applicant shall submit the required application, associated information, materials, and fees. 2 . Notification of the pending City Council consideration of the request shall be provided to all owners of properties within 500 feet of the subject property, as well as all Homeowners Associations for properties within 500 feet of the subject property. The notice shall be provided a minimum of fifteen (15) days prior to the date of the City Council meeting at which the item will be considered. 3. Notification of the Council consideration of the request shall be published in an adjudicated newspaper of general circulation a minimum of fifteen (15) days prior to the date of the City Council meeting at which the item will be considered. 4 . Decisions on any GPAIR shall be tentative and advisory only, and shall not be construed as any form of obligation that the City Council will grant or deny an ensuing General Plan Amendment (GPA) application. 5 . GPAIR applications shall be accepted and processed at any time during the calendar year. Nothing in this policy requires that any applicant file a GPAIR, and any person or entity may submit a GPA application for consideration by the Council regardless of whether a GPAJR has been filed and/or acted on by the Council. In the event that the Council denies a GPAIR, the applicant shall be entitled to apply for a GPA at the applicant's discretion. 2-10 Nothing in this policy shall preclude the City Council from directing staff to commence any General Plan Amendment with or without a related General Plan Amendment Initiation Request , and this Policy shall supersede the January 6. 1976, minute order previously establishing the General Plan Amendment process . In the event that a Pre-screening Workshop is held for a particular project, the project applicant shall not have the option of filing a GPAIR since the GPAIR process is substantially the same as that of the Pre-screening Workshop. In the case that a rescreening Workshop has been held and a GPA is necessary, the project applicant shall proceed directly with the GPA application. It shall also be the policy of the City Council to generally approve resolutions amending the General Plan three times per year, during the months of April, August, and December, to ensure that the maximum number of amendments allowed each year, four (4), is not exceeded in a given year. To achieve that goal, one or more applications to amend the General Plan may be combined into a single Resolution of approval. This policy is only a guideline, and the Council, at its discretion, may approve resolutions amending the General Plan at any time, so long as the maximum number does not exceed four (4) in any given calendar year. BACKGROUND: The original General Plan Amendment process, as established by the City Council on January 6, 1976, included a requirement for an Initiation Request prior to proceeding with an actual GPA. In the past this process was effective in conveying the general disposition of the Council, given the nature of the specific request. The process as it relates to the current issues in the City creates concerns with respect to lack of public notice, lack of detailed information for Council consideration in conjunction with such requests, that requests are accepted and processed only twice per year, and that the applicants should have the ability to apply directly for a GPA without first going through the GPAIR process . A benefit of the original process is that the applicant can, with a low fee, gauge the Council's outlook on a particular proposal without preparation of detailed studies as would be required for a GPA. The City Council has determined that a required GPAIR process is not necessary. However, an optional GPAIR process is beneficial to applicants and the public . In order to ensure that the community is aware of any requested change in the General Plan, notification as stipulated above shall be provided for all GPAIR applications. Council determinations on such applications will be advisory in nature, and the applicant can thereafter proceed with a GPA proposal as desired. 2-11 111' Ill I sn ~ i 0 h ~ 0 ~ ~11 ~~~ i ~ ~~1 ~ h I~ ~ < !l i ~~ ~~ I ~ [ll ~ 2-12 2-13 2-14 2-15