PC RES 2013-031 P.C. RESOLUTION NO. 2013-31
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES FINDING THAT THE CITY'S ACQUISITION
OF A VACANT PARCEL (APN 7572-004-002) NEAR CHERRY HILL
LANE IN THE PORTUGUESE BEND LANDSLIDE AREA IS
CONSISTENT WITH THE GOALS AND POLICIES OF THE RANCHO
PALOS VERDES GENERAL PLAN.
WHEREAS, on November 19, 2013, the City Council authorized the Mayor and City
Clerk to sign an agreement to accept the donation of a vacant property in the vicinity of Cherry
Hill Lane in the Portuguese Bend Landslide area with the Los Angeles County Treasurer and
Tax Collector; 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 Council's action on November 19, 2013, initiated a General Plan
Consistency Finding for the acquisition of a vacant parcel (Assessor Parcel No. 7572-004-002);
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 land transfer is exempt under California Environmental Quality Act Section 15325
(Transfers of Ownership of Interest in Land to Preserve Existing Natural Conditions and
Historical Resources) since the subject property will be maintained as open space and
potentially be used to facilitate drainage improvements which assist with landslide stabilization
and benefit the general public; and,
WHEREAS, the Planning Commission held a public meeting on December 10, 2013,
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 Assessor Parcel No. 7572-
004-002 near Cherry Hill Lane in the Portuguese Bend Landslide area:
A. The location of the property acquisition is consistent with the Rancho Palos Verdes
General Plan. The subject property is located within a landslide area but is surrounded
by developed and undeveloped lots, which account for the General Plan's Natural
Environment/Hazard and Residential 1-2 du/ac land use designation for the property.
The General Plan notes that the subject property is in an "[area] with considerations for
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public health and safety," as well as an "[area] for preservation of natural resources. "
The City's acquisition of this property will remove the possibility of any future 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 purpose of the property acquisition is to increase the City's access
from Cherry Hill Lane to the bottom of Portuguese Canyon to perform any drainage
improvements that become necessary as part of the City's on-going landslide abatement
and roadway maintenance efforts. Development of this property is strictly limited by its
current Open Space Hazard zoning designation 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.
C. The extent of the property acquisition is consistent with the Rancho Palos Verdes
General Plan. In the past the City and its former Redevelopment Agency have acquired
several lots in this area for the purpose of improving access to and maintenance of
drainage facilities. The acquisition of the 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 December 10, 2013, 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 Assessor's Parcel No. 7572-004-002 near Cherry Hill Lane in the
Portuguese Bend Landslide area is consistent with the goals and policies of the Rancho Palos
Verdes General Plan.
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0t"
PASSED, APPROVED AND ADOPTED this 3day of November 2013, by the following vote:
AYES: Commissioners Gerstner, Net$on, Tetreault, Tomblin, Vich Chairman Leon,
Chairman Emenhiser
NOES: None
ABSTENTIONS: None
ABSENT: Commissioner Lewis
RECUSALS: None
f
D vid Emenhiser
Chairman
Joel Roja , Ai P,
Communi y D velopment Director; and,
Secretary o t e Planning Commission
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