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PC RES 2003-016:A P.C. RESOLUTION NO. 2003-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES RECOMMENDING THAT THE CITY COUNCIL ADOPT A NEGATIVE DECLARATION AND APPROVE A ZONE TEXT AMENDMENT, GENERAL PLAN AMENDMENT, COASTAL SPECIFIC PLAN AMENDMENT, AND ZONE CHANGE (CASE NO. ZON2003-00036 & ZON2003-00113), FOR PROPERTY LOCATED AT 6100 PALOS VERDES DRIVE SOUTH WHEREAS, on January 24, 2003, the applicant submitted an application for the General Plan Amendment, Coastal Specific Plan Amendment, Zone Change, and Environmental Assessment (Case No ZON2003-00036), for property located at 6100 Palos verdes Drive South. After review of the submittal, staff deemed the application complete on February 21, 2003 Said application is a request to amend the General Plan and Coastal Specific Plan Land Use Designations of the subject property from Commercial (office) to Residential (2-4 dwelling units per acre) and rezone the property from Commercial Professional (CP) to Single Family Residential (RS - 4); and, WHEREAS, in conjunction with the proposed application, the City initiated a Zone Text Amendment (Case No ZON2003-00113) to Section No. 17 84 of the Municipal Code (Nonconformities) to require development on parcels, where the underlying zoning designation changes, to comply with the parking standards of the new zoning designation at such time that a change in the budding occupancy, as defined by the Uniform Building Code, is proposed, and, WHEREAS, on June 26, 1975, the City Council adopted Resolution No 75-43, thereby adopting the General Plan of the City of Ranch Palos Verdes. With the adoption of the General Plan, a land use designation of Residential (2-4 dwelling units per acre) was applied to the subject property Subsequently, the property was zoned Single Family Residential (RS -4). As such, the existing commercial gas station, which was located on the site prior to the City's incorporation, became a pre-existing nonconforming use, and, WHEREAS, on December 19, 1978, the City Council adopted Resolution No. 78-81, which adopted the Costal Specific Plan, thereby setting forth a land use designation of Residential (2-4 dwelling units per acre); and, WHEREAS, on March 4, 1997, the City Council adopted Resolution No. 97-17, which adopted a Negative Declaration, and approved General Plan Amendment No 23, and Coastal Specific Plan Amendment No. 6, thereby changing the General Plan Land Use Designation of the subject property from Residential to Commercial Office Furthermore, the City Council approved Ordinance No. 321 (second reading was on April 1, 1997), which approved Zone Change No 25, thereby changing the zoning of the subject parcel from Single Family Residential (RS -4) to Commercial Professional (CP); and, WHEREAS, on October 15, 2002, the City Council conducted a duly noticed public hearing on a General Plan Amendment Initiation Request (GPAIR) for the subject property The purpose of the GPAIR was to allow the applicant an opportunity to elicit feedback from the City Council on a proposed General Plan Amendment At the meeting, the Council did not provide any pertinent feedback related to the proposed change in land use, 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 has prepared an Initial Study and determined that there is no substantial evidence that approval of the General Plan Amendment, Coastal Specific Plan Amendment, Zone Change, and Zone Text Amendment would result in a significant adverse effect on the environment. Accordingly, a Draft Negative Declaration has been prepared and notice of the fact was given in the manner required by law; and, WHEREAS, after notice was issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on April 22, 2003, at which time all interested parties were given an opportunity to be heard and present evidence, and, NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS Section 1. The Planning Commission has reviewed and considered the proposed Negative Declaration, the public comments upon it, and the other evidence before the Commission and finds that the Negative Declaration was prepared in a manner required by law, that there is no substantial evidence that the approval of the General Plan Amendment, Coastal Specific Plan Amendment, Zone Change, and Zone Text Amendment would have a significant effect on the environment, and that no mitigation measures are necessary to eliminate significant environmental effects of the proposed project Section 2: The proposed change in the General Plan and Coastal Specific Plan Land Use Designations is warranted since the proposed amendment is internally consistent with the General Plan. Further, the land use designation for the other properties on Sea Cove Drive is residential, inasmuch as the proposed residential land use is consistent with these properties, the proposed change is consistent with the General Plan Section 3. The proposed change in the General Plan and Coastal Specific Plan Land Use Designations are warranted since the proposed amendment is in the public's interest because, residential developments have fewer impacts to the surrounding area than commercial land uses, thus a residential use on the subject property would be in the interest of the other properties in the vicinity Section 4- The proposed Zone Text Amendment is warranted since it is consistent with the General Plan The amendment is necessary to ensure sufficient off-street parking is provided on the subject property, thus meeting the community standards of environmental qualityforthe area Section 5. The proposed Zone Change is warranted since it is consistent with the General Plan. With the change in the General Plan Land Use Designation from commercial to residential, the change in zoning from Commercial Professional (CP) to Single Family Residential (RS -4) is required to keep the zoning consistent with the General Plan Land Use Designation. Section 6: For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes and other records of these proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby recommends that the City Council, P C Resolution No 2003-16 Page 2 of 3 a) Adopt the Negative Declaration, b) Approve the Zone Text Amendment, thereby amending Section No 17 84 060 of the Municipal Code to include the following section. 17.84 060(F) When the underlying zoning designation changes on a parcel, all structures on the property shall be brought into compliance with the parking standards of the new zoning designation at such time that a change in the building occupancy, as defined by the Uniform Building Code, is proposed c) Approve the General Plan Amendment, thereby changing the General Plan Land Use Designations of the subject property from Commercial (office) to Residential (2-4 dwelling units per acre), d) Approve the Coastal Specific Plan Amendment, thereby changing the Coastal Specific Plan Land Use Designations of the subject property from Commercial (office) to Residential (2-4 dwelling units per acre), and e) Approve the Zone Change, thereby rezoning the property from Commercial Professional (CP) to Single Family Residential (RS -4). Section 7: The Planning Commission action on this matter is advisory only, with the final action on the matter being taken by the City Council at a future duly noticed public hearing Nonetheless, any interested person aggrieved by this decision or any portion of this decision may appeal it to the City Council Pursuant to Sections 17 60 060, 17 76.040(H) and 17 80 070 of the Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing, and with the appropriate appeal fee, no later than May 7, 2003 PASSED, APPROVED AND ADOPTED this 22nd day of April 2003, by the following vote. AYES CARTWRIGHT, DURAN REED, LYON, CHAIR LONG NOES. ABSTENTIONS MUELLER ABSENT COTE, TOMBLIN Joe Rojas Al P Dir ctor of Ian ing, Building and Code Enforcement, and, cretary to Planning Commission Thomas Long, Chairman P.0 Resolution No. 2003-16 Page 3 of 3