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PC RES 2008-003 P.C. RESOLUTION NO. 2008-03 RESOLUTION OF THE PLANNING COMMISSION OTHE CITY OF RANCHO PALOSVERDE FINDING THAT THE CITY'S C UISITI F A VACANT 5.45-ACRE PARCEL ON THE SIDEIN P T CANYON FOR PUBLIC OPEN SPACE AND DRAINAGE CONTROL U SES, LOCATED T 29701 ISLAND VIEW DRIVE (ASSESS PARCEL 7583-039-030), IS CONSISTENT IT THE AL AND POLICIES OF THE RANCHO PALOS VERDES GENERALPLAN WHEREAS, on November 20, 2007, the City Council considered and accepted Staff's recommendation to acquire a tax-defaulted property located on the south side of Windport Canyon; and, WHEREAS, Section 65402(a)of the California Government Code requires that no real property shall be acquired by dedication or otherwise for street, square, park or other public purposes, if the adopted general plan or part thereof applies thereto, until the location, purpose and extent of such acquisition have been submitted to and reported upon by the planning agency as to conformity with said adopted general plan or part thereof; and, WHEREAS, on December 3, 2007, Staff deemed the request for a general plan consistency finding for the acquisition of the 5.45-acre parcel at 29701 Island View Drive complete for processing; 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 reviewed the request and determined that the proposed request would not have a significant impact on the environment and has, therefore, been determined to be categorically exempt (Class 16, Section 15316); and, WHEREAS,the Planning Commission conducted a hearing on January 8, 2008, at which time all interested parties were given an opportunity to be heard and present evidence, and a decision was rendered on that same date,which was within forty(40)days of the date the request was first submitted to the Planning Commission for its consideration. NOW,THEREFORE,THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section I: The Rancho Palos Verdes Planning Commission hereby finds as follows with respect to the location, purpose and extent of the acquisition of the vacant, 5.45-acre tax-defaulted property on the south side of Windport Canyon (Assessor's Parcel No. 7583-039-030): A. The location of the property acquisition is consistent with the Rancho Palos Verdes General Plan. The subject property is located on the south side of Windport Canyon. The property was originally created as a common open space lot for the Seagate Villas community, although it was subsequently sold to a series of private owners who have occasionally proposed the development of the property. The entirety of the property is encumbered by a use restriction and flood hazard area that prevents its development. There are steep slopes at the extreme west and east ends of the property, while the central portion of the site slopes more gently downward from east to west along the private right-of-way of Ocean Crest Drive. Aside from ornamental landscaping maintained by the Seagate Villas homeowners' association, the property is unimproved, which is consistent with the City's OH and RS-A-5 zoning districts. The General Plan notes that the subject property is in an "[area] with considerations for public health and safety," as well as an "[area] for preservation of natural resources." The health and safety considerations identified on General Plan Figure 12 include extreme and high slopes, while the resources identified for preservation on General Plan Figure 13 are hydrologic factors,wildlife habitat and natural vegetation. The City's acquisition of this property will remove the possibility of private development in this location,which could otherwise be contrary to the public health, safety and general welfare. B. The purpose of the property acquisition is consistent with the Rancho Palos Verdes General Plan. The primary purpose of the property acquisition is to expand the City's public open space. The westerly portion of the property abuts the Agua Armaga area of the City's Natural Communities Conservation Plan (NCCP) preserve. The acquisition of this property could add to the existing NCCP preserve, providing opportunities to protect existing habitat and revegetate disturbed areas as mitigation for loss of sensitive habitat elsewhere in the City. As a possible secondary purpose,the subject property could provide access to Windport Canyon for future flood control improvements and on-going maintenance. Finally, as a possible tertiary purpose, the subject property could facilitate the future development of the Indian Valley Trail, as identified in the City's Conceptual Trails Plan. The segment is categorized as "Category ll," meaning that it would be developed in conjunction with development of the "buildable" area of the canyon and would require the acquisition of easements. The acquisition of the subject property eliminates the need for the City to acquire easement rights from a private property owner. C. The extent of the property acquisition is consistent with the Rancho Palos Verdes General Plan. The subject property is a vacant 5.45-acre parcel on the south side of Windport Canyon. There is a similar 8.18-acre vacant parcel on the north side of Windport Canyon, but this adjacent property is not available for purchase at this P.C. Resolution No. 2008-03 Page 2 of 3 time. The size of the subject parcel is expected to be adequate to support the improvements associated with habitat preservation and drainage control. Section 2: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council. Pursuant to Section 17.80.070 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 (115) days following January 8, 2008, the date of the Planning Commission's final action. Section 3: For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes and all other records of the proceedings, which are attached hereto and made a part thereof by reference, the Planning Commission hereby finds that the City's acquisition of a vacant, 5.45-acre parcel on the south side of Windport Canyon for public open space and drainage control purposes, located at 29701 Island View Drive (Assessor's Parcel No. 7583-039-030), is consistent with the goals and policies of the Rancho Palos Verdes General Plan. PASSED, APPROVED, AND ADOPTED this 8 th day of January 2008, by the following vote: AYES: Commissioners Karp, Lewis, Ruttenberg and Tetreault, Vice Chairman Ferestam and Chairman Gerstner NOES: none ABSTENTIONS: none ABSENT: Commissioner Knight RECUSALS: none A:019 Bill Gerstner Chairman Joel Ras AICP, Direct r jof Plan n inLwilding and Co J Enforcement; and, Secretary to the Planning Commission MAProjects2ON2007-00580(City,South Windport Canyon)\20080108-Reso-PC.doc P.C. Resolution No. 2008-03 Page 3 of 3