ORD 566 ORDINANCE NO. 566
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
APPROVING A ZONE CHANGE FOR 5656 CREST ROAD FROM
RS-2 TO RS-4 (CASE NOS. ZON2014-00279 AND SUB2014-
00004).
WHEREAS, on February 4, 2014, a General Plan Amendment and Zone Change
Initiation Requests were submitted to the Planning Division requesting General Plan
land use and Zoning designation changes in order to support a lot split for a vacant
property located at 5656 Crest Road; and,
WHEREAS, on May 20, 2014, the City Council conducted a public hearing on a
General Plan Amendment and Zone Change Initiation Requests for the subject
property, and after considering information as part of the public record, allowed the
applicant to submit the necessary applications and proceed through the review process
for a proposed change in the General Plan land use and Zoning designations to
accommodate a lot split for the subject site; and
WHEREAS, on July 8, 2014, the applicants submitted formal applications for said
General Plan Amendment, Zone Change, Environmental Assessment, Parcel Map and
Variance. Based on preliminary review, the application was deemed incomplete on July
15, 2014. After subsequent submittals and reviews of additional information, Staff
deemed the project complete on December 22, 2014; and,
WHEREAS, on January 15, 2015, notice of the Initial Study and draft Mitigated
Negative Declaration and the proposed General Plan Amendment, Zone Change,
Parcel Map and Variance was sent to all property owners within 500' of the subject site
and appropriate public agencies for a comment period of 20-days, commencing on
January 15, 2015 and concluding on January 25, 2015. Additionally, the notice was
published on the same day in the Peninsula News; and,
WHEREAS, the Planning Commission conducted a duly noticed public hearing
on the proposed project and adopted P.C. Resolution No. 2015-04 (3-2 vote with
Commissioner James and Chairman Leon dissenting), recommending that the City
Council approve the proposed project; and,
WHEREAS, on March 13, 2015, notice of the proposed General Plan
Amendment, Zone Change, Environmental Assessment, Parcel Map and Variance was
sent to all property owners within 500' of the subject site and published on the same day
in the Daily Breeze and subsequently published in the Peninsula News on March 19,
2015; and,
WHEREAS, after notices were issued pursuant to the requirements of the
Rancho Palos Verdes Development Code, the City Council held a duly noticed public
Ordinance 566
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hearing on April 21, 2015, at which time all interested parties were given an opportunity
to be heard and present evidence; 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 Council reviewed an Initial Study and certified a
Mitigated Negative Declaration under Resolution No. 2015-28, which determined that
there is no substantial evidence that the approval of the General Plan Amendment,
Zone Change, Tentative Parcel Map No. 72999 and Variance would result in a
significant adverse effect on the environment, provided appropriate mitigation measures
are imposed on the project;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
Section 1: The project involves a change in the Zoning map designation of a
vacant property from RS-2 (Single-Family Residential 2 du/ac) to RS-4 (Single-Family
Residential 4 du/ac) for the subdivision of a single vacant lot into two separate lots with
reduced lot widths.
Section 2: With the appropriate mitigation measures that address impacts
upon air quality, geology and soils, hydrology and water quality, land use and planning,
noise, public services, transportation and traffic in the community as set forth in the
Mitigation Monitoring Program, the proposed project's potential significant impacts will
be below a level of significance. Therefore, the City Council has adopted Resolution
No. 2015-28, certifying a Mitigated Negative Declaration for the project, including the
requested zone change.
Section 3: The proposed change in the Zoning designations is warranted,
since the proposed Zoning is consistent with the revised General Plan land use
designation that is approved as part of this project. The General Plan describes R2-4
land use designation as follows: "Vacant land designated in this density range has low
and moderate physical and social constraints and the density is compatible with the
adjacent existing and future densities." Based on this description, the properties south
of Crest Road were designated as R1-2 because there are public views and vistas
across said area in a southerly direction of the ocean and Catalina Island, while the
properties north of Crest Road were designated as R2-4 because there are no views
across that area. The incorporation of the restriction that limits future development to
one-story structures on the new lots would preserve the existing views and vistas as
structures up to 16' in height are allowed by-right and there are no views across that
area. This amendment also is consistent with the Urban Appearance Overlay Control
District (OC-3) that also governs the property, which was established to preserve,
protect and maintain significant views and vistas from major public view corridors and
public lands. Additionally, since two of the four corners on Whitley Collins Drive and
Ordinance 566
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Crest Road intersection have the same density with similar developments as proposed
by this application, the proposal to increase the density to match said developments is a
reasonable transition between lower and higher densities located south and north of
Crest Road, respectively. Thus, the proposed revision to the Zoning Ordinance is
consistent with the revised general plan designation of R2-4 and is in the public interest
because it is consistent with development in the vicinity and provides a transition
between lower and higher density development.
Section 4: The approval of the zone change is in the public interest because it
would allow for the most compatible development for the surrounding area. More
specifically, the existing zoning designation allows for either one larger home or an
automobile service station with an approval of a Conditional Use Permit. The
development of one larger home at a visible corner lot along Crest Road, while the other
two existing corners at the same intersection are developed with more modest homes,
would not be visually compatible. Additionally, allowing for an automobile service
station in the subject location would be even less compatible, as the surrounding area is
limited to single-family residential development. The proposed zone change would
allow for the subject site to be subdivided into two separate lots, for the development of
two modest homes, which would be most compatible with the existing character of the
surrounding area. Furthermore, the Homeowner's Association of the abutting
residential tract submitted written correspondence and voiced their support of the
proposed project.
Section 5: Based upon the facts contained in this Ordinance, in the Staff
Report and other components of the legislative record, in the certified Mitigated
Negative Declaration, and in the public comments received by the Planning
Commission and the City Council, the City Council hereby approves the change in
zoning designation for 5656 Crest Road (Case Nos. ZON2014-00279 and SUB2014-
00004), from Single-Family Residential 2 dwelling units per acre (RS-2) to Single-Family
Residential 4 dwelling units per acre (RS-4) and the corresponding amendment to the
City's zoning map, which is on file in the Department of Community Development.
Section 6: The time within which judicial review of the decision reflected in this
Ordinance, if available, must be sought is governed by Section 1094.6 of the California
Code of Civil Procedure and other applicable short periods of limitation.
Section 7: Severability. If any section, subsection, subdivision, sentence,
clause, phrase, or portion of this ordinance or the application thereof to any person or
place, is for any reason held to be invalid or unconstitutional by the decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remainder of
this ordinance. The City Council hereby declares that it would have adopted this
ordinance, and each and every section, subsection, subdivision, sentence, clause,
phrase, or portion thereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared
invalid or unconstitutional.
Ordinance 566
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Section 8: The City Clerk shall cause this Ordinance to be posted in three (3)
public places in the City within fifteen (15) days after this passage, in accordance with
the provisions of Section 36933 of the Government Code. The City Clerk shall further
certify to the adoption and posting of this Ordinance, and shall cause this Ordinance
and its certification, together with proof of posting, to be entered in the Book of
Ordinances of the Council of this City.
Section 9: This Ordinance shall go into effect and be in full force and effect at
12:01AM on the thirty-first (31St) day after its passage.
PASSED, APPROVED AND ADOPTED this 19t" day of May 2015.
(ry.
Attest:
iC
L_ Zizew,"L--
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
whole number of members of the City Council of said City is five; that the foregoing
Ordinance No. 566 passed first on May 5, 2015, was duly and regularly adopted by the
City Council of said City as a regular meeting thereof held on May 19, 2015, and that
the same was passed and adopted by the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Misetich and Mayor Knight
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk
Ordinance 566
Page 4 of 4
jill
RANCHO PALOS VERDES
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES)
The undersigned, being first duly sworn, deposes and says:
That at all times herein mentioned, she was and now is the appointed City Clerk of
the City of Rancho Palos Verdes;
That on May 20, 2015, she caused to be posted the following document
entitled: ORDINANCE NO.566,AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES APPROVING A ZONE CHANGE FOR 5656 CREST ROAD
FROM RS-2 TO RS-4(CASE NOS.ZON2014-00279 AND SUB2014-00004),
a copy of which is attached hereto, in the following locations:
City Hall Ladera Linda Community Center
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct affidavit of
posting.
, 4 etyZe_
City Clerk
W:\FORMS\Form 150 Archived Affidavits(old)\Form 150-Affidavit of Posting Ordinance No.566.doc