RPVCCA_SR_2010_01_05_08_Reso_Appeal_Coastal_SetbackCITY OF
MEMORANDUM
RANCHO PALOS VERDES
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
Project Manager:
HONORABLE MA~OR &CITY COUNCIL MEMBERS
JOEL ROJAS,DIR~OF PLANNING,BUILDING &
CODE ENFORCEM~Q';'~
JANUARY 5,2010
APPEAL OF THE PLANNING COMMISSION'S
APPROVAL OF CASE NO.ZON2007 -00253,A
REVISED INTERPRETATION REGARDING THE
COASTAL SETBACK LINE ON PROPERTIES IN THE
CITY'S COASTAL ZONE
CAROLYN LEHR,CITY MANAGE
Eduardo Schonborn,AICP,Senior Plann9JL---JX:;,v
RECOMMENDATION
Adopt Resolution No.2010-_,denying the appeal by Ms.Pamela Simes and further
revising the Director's Interpretation (Case No.ZON2007-00253)determining that the
location ofthe City's Coastal Setback Line on individual properties within the Coastal Zone
shall be based on the City's official Zoning Map,and direct Staff to initiate a Code Text
Amendment clarifying that there is a 25-foot minimum setback from the Coastal Setback
Line.
DISCUSSION
On December 15,20092,the City Council considered an appeal of the Planning
Commission's approval of the Director's revised Interpretation (Case No.ZON2007-00253)
regarding what maps to use to determine the location of the Coastal Setback Line on
individual properties.After considering the information presented and hearing public
testimony,the City Council voted 3-2 (with Councilmember Misetich and Mayor Wolowicz
dissenting)to deny the appeal and determine that the location of the Coastal Setback Line
on properties shall be based on the City's official Zoning Map.
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Appeal of Case No.ZON2007·00253 (Interpretation)
January 5,2010
Since a resolution consistent with the City Council's decision was not part ofthe December
15th report,Staff has prepared the attached Resolution for adoption at the January 5th
meeting.Thus,a Resolution is attached that states the Interpretation that the City's Zoning
Map is the map to use to determine the location of the Coastal Setback Line on individual
properties.The Interpretation clarifies that the method for determining this is by overlaying
an enlarged portion of the City's Zoning Map onto a property and identifying the centerline
of the Coastal Setback Line,as shown on the enlarged portion of the City's Zoning Map as
the location of the Coastal Setback Line on that property.
ADDITIONAL INFORMATION
Eliminating the use of the ESA maps for Coastal Setback Line determinations has raised a
separate issue that Staff believes needs to be further clarified.The ESA maps also
contain a notation that there is a 25-foot structure setback from the Coastal Setback Line.
In order to eliminate any ambiguity that by eliminating the ESA maps eliminates the
required 25-foot structure setback,Staff recommends that Chapter 17.72 (Coastal Permits)
of the Development Code be amended to clarify that there is a 25-foot structure setback
from the City-determined location of the Coastal Setback Line.By initiating this Code
Amendment,Staff will make the appropriate amendments to the Code language,present
the proposed Amendment to the Planning Commission for review,and present the
Planning Commission's recommendation back to the City Council for final action.
Attachment
•Resolution No.2010-
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RESOLUTION NO.2010-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES DENYING THE APPEAL BY MS.PAMELA SIMES AND
FURTHER REVISING THE DIRECTOR'S INTERPRETATION (CASE NO.
ZON2007-00253)DETERMINING THAT THE LOCATION OF THE CITY'S
COASTAL SETBACK LINE ON INDIVIDUAL PROPERTIES WITHIN THE
COASTAL ZONE SHALL BE BASED ON THE CITY'S OFFICIAL ZONING
MAP.
WHEREAS,the Coastal Zone boundary within the City and the entire State was
created by the California Coastal Commission as part of the implementation of the State's
Coastal Act,which was enacted in 1976;and,
WHEREAS,in preparation of the City's Coastal Specific Plan,a comprehensive
geologic study of the City's coastal region was prepared,which segmented the City's
Coastal Zone into separate geologic categories that defined where development was
suitable and where it was not,resulting in the establishment of the Coastal Setback Line.
The geologic study is titled,"Geologic Factors Related to a Coastal Set-Back Zone for the
City of Rancho Palos Verdes,California"prepared by Earth Sciences Associates (ESA)in
1976,which contain geologic maps that specifically identify a 25'required setback
landward of the Coastal Setback Line;and,
WHEREAS,the comprehensive geologic report titled "Geologic Factors Related to a
Coastal Set-Back Zone for the City of Rancho Palos Verdes,California"by Earth Sciences
Associates (ESA)was used to prepare the City's Coastal Specific Plan,which was adopted
by the California Coastal Commission;and,
WHEREAS,the Development Code,which implements the Coastal Permit
procedures for the Coastal Specific Plan,established two separate "Zones"on either side
of the Coastal Setback Line whereby the area seaward of the Coastal Setback Line is
called the "Coastal Setback Zone"and the areas twenty-five feet (25')landward of the
Coastal Setback Line is called "Coastal Structure Setback Zone";and,
WHEREAS,Staff has historically utilized the geologic maps prepared by ESA
(referenced above)in discerning the precise location of the Coastal Setback Line on
private property;and,
WHEREAS,on May 24,2007,Brian Conroy,owner of property located at 24 Sea
Cove Drive,submitted a request for a formal interpretation (Case No.ZON2007-00253)
requesting Staff's basis for establishing the location of the Coastal Setback Line for his
property at 24 Sea Cove Drive and on properties within the City's Coastal Zone;and,
WHEREAS,on June 21,2007,the Director of Planning,Building and Code
Enforcement issued a formal Interpretation regarding how to interpret the City's maps for
determining the most precise location of the Coastal Setback Line on private properties,
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which in cases of uncertainty or ambiguity resulting from the Specific Plan Maps to
establish the location of the Coastal Setback Line on individual properties within the
Coastal Zone,then the maps that accompany the report titled,"Geologic Factors Related
to a Coastal Set-Back Zone for the City of Rancho Palos Verdes,California"prepared by
Earth Sciences Associates (ESA)in 1976 and referenced in the appendix to the City of
Rancho Palos Verdes Coastal Specific Plan shall be used;and,
WHEREAS,on July 3,2007,Mr.and Mrs.Conroy,through their attorney,Scott
Campbell,submitted an appeal of the Director's formal Interpretation and requested that
the appeal hearing be conducted at the August 14,2007 meeting,thereby relinquishing
their right to a hearing within 30 days of their appeal;and,
WHEREAS,after the hearing was duly noticed,the Conroy's notified Staff that they
would like to exercise their option of accepting Staff's determination of the Coastal Setback
Line and instead process the Variance and Coastal Permit applications (ZON2007-00046)
in an attempt to legalize the illegal construction,and requested that their Interpretation
Procedure appeal be held in abeyance;and,
WHEREAS,the Planning Commission tabled the appeal hearing on August 14,
2007 to allow the property owner time to process the applications associated with Case No.
ZON2007-00046;and,
WHEREAS,on December 11 ,2008,the Planning Commission considered Case No.
ZON2007-00046 for a Coastal Permit and Variance,but continued the public hearing to the
February 24,2009 meeting to allow Staff to investigate additional code violation allegations
against the applicant that were raised by a neighbor,and present Staff's interpretation
decision (Le.,this appeal)at the same time as the Variance request,thereby allowing the
Planning Commission the opportunity to first hear the use determination regarding the
location of the Coastal Setback Line,and if necessary hear the Variance request for the
after-the-fact improvements in the rear yard;and,
WHEREAS,on February 5,2009,the City mailed notices of the pending Planning
Commission hearing to 67 property owners within a 500-foot radius from the subject
property,the Coastal Commission,and to the West Portuguese Bend Community
Association,and published a notice in the Peninsula News on February 5,2009;and,
WHEREAS,after notice issued pursuant to the provisions of the Rancho Palos
Verdes Municipal Code,the Planning Commission conducted a public hearing on February
24,2009,at which time all interested parties were given an opportunity to be heard and
present evidence regarding the appeal of Case No.ZON2007-00253.
WHEREAS,on February 24,2009,the Planning Commission tabled the appeal
hearing at the request of the appellant;and,
WHEREAS,on August 20,2009,the City mailed notices of the pending Planning
Commission hearing to 67 property owners within a 500-foot radius from the subject
Resolution No.2010-
Page 2
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property,the Coastal Commission,and to the West Portuguese Bend Community
Association,and published a notice in the Peninsula News on August 20,2009;and,
WHEREAS,on September 8,2009,the Planning Commission adopted P.C.
Resolution No.2009-36,revising the Director's Interpretation and determining that the
location of the Coastal Setback Line on properties shall be based on a site-specific geology
study and the Coastal Specific Plan Land Use Map;and,
WHEREAS,on September 23,2005,within fifteen (15)days following the Planning
Commission's decision,the adjacent property owner to the east at 22 Sea Cove Drive,Ms.
Pamela Simes,filed an appeal to the City Council requesting that the City Council overturn
the Planning Commission's revised Interpretation based upon the Director's original June
21,2007 Interpretation;and,
WHEREAS,after notice was issued pursuant to the requirements of the Rancho
Palos Verdes Development Code,the City Council held a duly noticed public hearing on
October 20,2009,at which the City Council continued the public hearing to December 15,
2009;and,
WHEREAS,on December 15,2009,the City Council held a public hearing at which
time all interested parties were given an opportunity to be heard and present evidence;
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
DOES HEREBY FIND,DETERMINE,AND RESOLVE AS FOLLOWS:
Section 1:The City Council hereby revises the Director's Interpretation dated
June 21,2007,and the Director's revised Interpretation which was upheld by the Planning
Commission on September 8,2009 (Case No.ZON2007-00253),and finds that the
location of the Coastal Setback Line on properties shall be based on the City's official
Zoning Map,by overlaying an enlarged portion of the City's Zoning Map onto a property
and identifying the centerline of the Coastal Setback Line,as shown on the enlarged
portion of the City's Zoning Map,as the location of the Coastal Setback Line for that
property.
Section 2:The time within which the judicial review of the decision reflected in
this Resolution,if available,must be sought is governed by Section 1094.6 of the California
Code of Civil Procedure and other applicable short periods of limitation.
Section 3:For the foregoing reasons,and based on the information and findings
included in the Staff Reports,Resolutions,Memoranda,Minutes and other records of
proceedings,the City Council of the City of Rancho Palos Verdes hereby denies the
appeal,and further revises the Planning Commission's revised Interpretation of Case No.
ZON2007-00253.
Resolution No.2010-_
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PASSED,APPROVED,AND ADOPTED this 5th day of January 2010.
Mayor
ATTEST:
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.2010-_was duly and regularly passed and adopted by the said City
Council at a regular meeting held on January 5,2010.
City Clerk
Resolution No.2010-_
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