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PC RES 2015-003 T -1 P.C. RESOLUTION NO. 2015-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES FINDING THAT THE CITY'S ACQUISITION OF A TAX-DEFAULTED PARCEL (APN 7572-004-001) 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 August 19, 2014, the City Council authorized the Mayor and City Clerk to sign an agreement to purchase tax-defaulted properties with the Los Angeles County Treasurer and Tax Collector for a vacant parcel located in the vicinity of Cherry Hill Lane in the Portuguese Bend Landslide area, specifically APN 7572-004-001 (known as 37 Cherry Hill Lane); 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 August 19, 2014, initiated a General Plan Consistency Finding for the acquisition of one parcel (Assessor's Parcel Nos. 7572-004-001; 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 exempt (Section 15325); and, WHEREAS, the Planning Commission held a public meeting on January 27, 2015, 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's Parcel No. 7572-004-001 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 an active landslide area but is surrounded by developed and undeveloped lots, which account for the Natural Environment/Hazard and Residential 1-2 du/ac 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 City's acquisition of this property will remove P.C. Resolution No. 2015-03 Page 1 of 3 1 J 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 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 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, specifically: Policy No. 4: Allow no further development involving any human occupancy within the active landslide area. Policy No. 5: Develop, as a part of any specific area planning study, a more detailed definition of the limits and composition of any [Resource Management Districts] related to Health and Safety, with particular reference to the active/old landslide areas, the sea cliff erosion setback and critical extreme-slope areas. Policy No. 11: Stringently regulate irrigation, natural drainage and other water-related considerations in both new development and existing uses affecting existing or potential slide areas. 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 and adjoining public streets (i.e., Palos Verdes Drive South). 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 January 27, 2015, 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. 7572-004-001 near Cherry Hill Lane in the Portuguese Bend Landslide area is consistent with the goals and policies of the Rancho Palos Verdes General Plan. P.C. Resolution No. 2015-03 Page 2 of 3 PASSED, APPROVED AND ADOPTED this 27th day of January 2015, by the following vote: AYES: Commissioners Cruickshank, Emenhiser, Gerstner, James, Tomblin, Vice Chair Nelson and Chairman Leon NOES: None ABSTENTIONS: None ABSENT: None RECUSALS: None o� Gordon Leon Chairman llIlli Joel Roj- a ICP, Commu I evelopme, t Di -ctor; and, Secreta • he Plannin• -ommission P.C. Resolution No. 2015-03 Page 3 of 3