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PC RES 2011-028 P.C. RESOLUTION NO, 2011-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES FINDING THAT THE CITY'S ACQUISITION OF A VACANT 0.39-ACRE PARCEL ON CHERRY HILL LANE IN THE PORTUGUESE BEND COMMUNITY FOR LANDSLIDE ABATEMENT AND STORM WATER MANAGEMENT PURPOSES (ASSESSOR'S PAR- CEL NO. 7572-004-032) IS CONSISTENT WITH THE GOALS AND POLICIES OF THE RANCHO PALOS VERDES GENERAL PLAN WHEREAS, on August 2, 2011, the City Council considered and accepted Staff's recommendation to acquire a tax-defaulted property located on Cherry Hill Lane in the Portuguese Bend community; and, WHEREAS, on August 3, 2011,the City Manager advised the Planning Division that the necessary agreements to complete the acquisition of said property were being drafted; 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, the City Manager's request on August 3, 2011 , initiated a General Plan Consistency Finding (Planning Case No. ZON2011-00210)for the acquisition of the 0.39- acre parcel (Assessor's Parcel No. 7572-004-032); 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 August 9, 2011, within forty (40) days of the date the request was initiated by the City of Rancho Palos Verdes, at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE,THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: The Rancho Palos Verdes Planning Commission hereby finds as follows with respect to the location, purpose and extent of the acquisition of the vacant, 0.39-acre tax-defaulted property on Cherry Hill Lane (Assessor's Parcel No. 7572-004- 032)- A. The location of the property acquisition is consistent with the Rancho Palos Verdes General Plan. The subject property is located within an active landslide area but is surrounded by developed and undeveloped lot, which accounts forthe Hazard Area / Residential, 1-2 DU acre land use designation for the property. The property is unimproved, which creates no conflicts with the Open Space-Hazard (OH) zoning district regulations. 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 active landslide activity, while the resources identified for preservation on General Plan Figure 13 are 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 increase the City's access from Cherry Hill Lane to the bottom of Portuguese Canyon where there are existing drainage improvements, the maintenance of which is critical to the effectiveness of the City's on-going landslide abatement efforts. Development of this property is strictly limited by its current OH zoning and its location within the City's Landslide Moratorium Area. In addition, several Natural Environment Policies in the City's General Plan support the acquisition of this property for infrastructure maintenance purposes. As a possible secondary purpose, the subject property could serve to enhance the passive recreational opportunities available to the public by the improvement of pedestrian and equestrian trails related to the nearby Palos Verdes Nature Preserve and/or future gateway/equestrian park approved as a part of the City's Vision Plan in the nearby active recreation area. The specific trail that affects the subject property appears to be the Bean Field trail, as identified in the City's Conceptual Trails Plan. This segment is categorized as "Category V," meaning that it crosses privately-owned property and would require the acquisition of several easements to implement. The acquisition of the subject property eliminates the need for the City to acquire easement rights from a private property owner, if and when in the future the City Council agrees to develop trails in this area. In addition, several Transportation System Policies in the City's General Plan support the acquisition of this property for trail purposes. P.C. Resolution No. 2011-28 Page 2 of 4 C. The extent of the property acquisition is consistent with the Rancho Palos Verdes General Plan. The subject property is a vacant 0.39-acre parcel. There are number of other similarly-situated small, vacant parcels in the immediate vicinity, butthe City is not aware at this time if such parcels are available for purchase. However, in the past the City and its Redevelopment Agency have acquired several lots in this area for the purpose of improving access to and maintenance of drainage facilities and adjoining public streets (i.e., Palos Verdes Drive South). The acquisition of this property would be a continuation of the City's past efforts to maintain and improve critical infrastructure. 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 (15) days following August 9, 2011, 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, 0.39-acre parcel on Cherry Hill Lane in the Portuguese Bend community for landslide abatement and storm water management purposes (Assessor's Parcel No. 7572-004-032) is consistent with the goals and policies of the Rancho Palos Verdes General Plan. P.C. Resolution No. 2011-28 Page 3 of 4 PASSED, APPROVED, AND ADOPTED this 9 th day of August 2011 , by the following vote: AYES: Commissioners Emenhiser, Gerstner Knight and Leon, Vice Chairman Tetreault and Chairman Tomblin NOES: none ABSTENTIONS: none ABSENT: Commissioner Lewis RECUSALS: none L. Tomblin Chairman Joel R ' S ACCP, Comm ry o nit Devel p ent Director; and, Secret ry the %nning Commission MAProjectslZON2011-00210(City,APN 7572-004-032)120110809ResoPC.doc P.C. Resolution No. 2011-28 Page 4 of 4