Loading...
ORD 613 ORDINANCE NO. 613 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES APPROVING A GENERAL PLAN LAND USE MAP AND ZONING MAP AMENDMENT THEREBY PRE-ZONING 1908, 1910, AND 1912 RUE LE CHARLENE AS SINGLE- FAMILY RESIDENTIAL (RS-2) AT 1-2 DWELLING UNITS PER ACRE, RESPECTIVELY (CASE NO. PLGP2018-0001). WHEREAS, pursuant to Section 17.68.030(C) of the Rancho Palos Verdes Municipal Code, any person having an interest in land may file an application with the City Council for a change of zone and/or amendment to this title upon submission to the Director of an initiation application and payment of a filing fee; and, WHEREAS, on February 20, 2018, General Plan Amendment and Zone Change Initiation Requests were submitted to the Planning Division requesting to annex three residential within the City of Los Angeles (1908, 1910, and 1912 Rue le Charlene) and pre-establish the General Plan Land Use and Zoning designations; and, WHEREAS, on April 17, 2018, the City Council considered the request and provided a strong inclination on the proposed annexation. This first step allowed the Applicant to proceed with the formal review process to annex and establish General Plan Land Use and Zoning designations for the subject properties; and, WHEREAS, on June 25, 2018, the Applicant submitted formal applications for said request. After reviewing the submitted information, Staff deemed the application incomplete on July 10, 2017. Subsequently, the Applicant submitted several revisions and the application was deemed complete for processing on August 18, 2018; and, WHEREAS, the Local Agency Formation Commission (LAFCO) requires the adoption of a Pre-Zoning Ordinance to process and consider an application for detachment and annexation; and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 2100 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, it has been determined that the proposed project is exempt from CEQA, pursuant to Article 19, Section 15319(b) (Annexations of Existing Facilities and Lots for Exempt Facilities) of the California Guidelines for Implementation of the CEQA. The project proposes the annexation of three small parcels of the minimum size for facilities exempted by Section 15303 (New Construction or Conversion of Small Structures). Specifically, each lot is improved with one single-family residence within an urbanized area and a residential zoning district; and, WHEREAS, pursuant to Section 17.68.040(B) of the Rancho Palos Verdes Municipal Code, the Planning Commission must hold a public hearing to consider the proposed Zone Change application and forward its recommendation to the City Council within forty days of the Planning Commission's Decision; and, WHEREAS, on September 11, 2018, the Planning Commission held a duly-noticed public hearing, and adopted P.C. Resolution No. 2018-24, recommending that the City Council adopt this Ordinance; and, WHEREAS, on September 27, 2018, a Public Notice was published in the Peninsula News, providing a notice of a public hearing before the City Council on October 16, 2018; and, WHEREAS, on October 16, 2018, the City Council conducted a duly-noticed public hearing, considered testimony and materials in the staff report and accompanying documents, which were made a part of the public record; and, WHEREAS, all legal prerequisites to the adoption of the Ordinance have been met. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS: Section 1. The above recitals are true and correct and are incorporated into this Ordinance as though set forth herein. Section 2: The City Council makes the following findings of fact: A. The Project Site consists of three separate properties located at 1908, 1910, and 1912 Rue Le Charlene (Project Site) attached hereto as Exhibit A, which collectively total 51,408sf2 in area. B. The Project Site is located adjacent to the south-eastern boundary line of the City of Rancho Palos Verdes adjacent to the City of Los Angeles. C. The purpose of the proposed project is to pre-establish the General Plan Land Use and Zoning designations for the Project Site as Residential 1-2 du/ac and Single- Family Residential 2 du/ac, respectively. D. The proposed project has been determined to be consistent with the City's General Plan Land Use and Zoning districts. E. The Project Site is not associated with any proposed, or reasonably foreseeable development project. The Project Site is improved with single-family residential development and associated ancillary improvements. F. The Project Site will not accommodate a future or reasonably foreseeable development project that consists of a different use, a more intense use, or denser Ordinance No. 613 Page 2 of 4 use that those already entitled or already permitted to occur in the land use designations and zoning at the site and for which environmental review has already occurred. G. The proposed project will not give the City the legal authority to alter in any way lawfully approved entitlements that exist at the project site. H. Such pre-zoning would become effective upon annexation, and designated upon the Zoning Map incorporated within Chapter 17.88 of the Title 17 of the Rancho Palos Verdes Municipal Code. I. The Planning Commission held a duly-noticed public hearing on this issue on September 11, 2018. This public hearing was held at the Hesse Park Community Building located at 29301 Hawthorne Boulevard, Rancho Palos Verdes, CA 90275. At the hearing, the Planning Commission considered Staffs presentation, the staff report, public testimony on the proposal and the associated CEQA determination. J. Public participation and notification requirements pursuant to Sections 65090, 65391 and 65854 of the Government Code of the State of California were duly followed. Section 3: Based upon the foregoing, the City Council of the City of Rancho Palos Verdes makes the following findings regarding the pre-zoning of the subject parcels: A. The proposed General Plan and Zoning designations of Residential 1-2 du/ac and Single-Family Residential 2 du/ac, respectively, are consistent with adjacent land uses and types of development. B. Public necessity, convenience, general welfare and good planning practice justify the General Plan and Zoning classification proposal because the existing development on the Project Site is consistent with the surrounding development and consistent with applicable development standards. Any future development or improvement will be subject to the same entitlement procedures as adjacent RPV properties, including but not limited to, geotechnical review and structural plan review. Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. Ordinance No. 613 Page 3 of 4 Section 5. The time within which judicial review of the decision reflected in this Ordinance must be sought is governed by Section 1094.6 of the California Code of Civil Procedure and other applicable short periods of limitation. Section 6. Certification and Posting. The City Clerk shall cause this Ordinance to be posted in three (3) public places in the City within fifteen (15) days after its 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 7. This Ordinance shall go into effect at 12:01 AM on the 31st day after its passage. PASSED, APPROVED and ADOPTED this 7th day of November 2018. ayor ATTEST: A miKepto-rk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss CITY OF RANCHO PALOS VERDES ) I, EMILY COLBORN, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 613 passed first reading on October 16, 2018, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on November 7, 2018, and that the same was passed and adopted by the following roll call vote: AYES: Alegria, Cruikshank, Duhovic, Dyda and Mayor Brooks NOES: None ABSENT: None ABSTAIN: None �. y Clerk Ordinance No. 613 Page 4 of 4 EXHIBIT A PROJECT SITE o 1��� c 1i,\'''.;; 4:r ' 2,_‘ ,:.:1:6111.-;01 ,PV....;,k, 4;t.1 i i.4:''',7.'„'.-.) t I I •I—. \ Is-,, N• � • .,� ♦ �� / O, ..oil / %/4 3 i i s .0,(C1‘0\ .27--17.c.sc...-::::,-.:: ....7 9,o<o I i ; 11 CITY OF RANCHO PALOS VERGES NO'_1._...._i 6'23"E `� Iv+ \ \,...:7.77.::::::::::::::;...:.::::::::::::.1.)..., \ \ ... .. ,' cITY o1=.‘9.1.-:::.:: .Qs.k�� \ k\ o 1 f y co 1 ii. ‘ ..:'`...'s � � tt -fit I1 ,,, 77:77-':::::::::..:....::::::::::::.\:::::::::::::.r. :..:. ia g;z:::::::::i::..:',:::.:::::::iEs1 3~>w �; \ '`'•' i :::,::::'::::: '7T,'r5':\'..ri:::::N::.l'\:? i 2.......'. ..--:\.::::.-1(6:::::::::\...\::::'' \\.'' ..... x.,....:-.:::::-..\ ..,..-s.,,..\\::.:::..:..:\f,,'x ri\:.:-.s.-,,,::::N::::.,---i::,:.:- i..:::::::::::,::: <,,,,,::::,1•:\',,,,.\.:-,IT r,R.:::.,\:,,..... t::.,..... ?.i. \s...f.:::::::....\..N.2 -..\ .....:\ D) "1 2''.:....-......:.:\ \s."'4'• N"Iii-:\'' t: 1::::;:::::. fidm:::.:.....::::::::::::.::::>,. ..:" ...::::::::::::::::::::\,.. \ • ,\ \:E...;:;:::\.;......<::::::: :;;::::::Ft: ...f:'.:::.:::11::>:',. .:.....\,,a'...:.,EE::::::.: ,:s:::::::1,,,,c3r5.-4::::.‘:::...-;`.:":,'EF::1:::::::::.,... :::::::: ::<:'::1 7 I 17:::::::: ? � `` '. NO' 16 23 E ....• >:.:::.. i • -‘\ ta ... 1 ss.- \:' '.\\"...:.:.\...\::,,,::-.: :\:::--:::..-. - 1 .�\'"n '+;�.. .: .•«u«w...n«.:. •w..i..iw.....�r - .. ..;:i:,: .w.;.:a;::..i-.:.:l,hr . ♦ � 224.94'\ ♦ . p .,"‘.:....::.:-'::::::::::-.\:.\\":sii .....:::::::.::, ::".:':::<,, Ij:E):::.:::::::::.:::.,::::i.:.::::::....,, „,, \ ::...::8 i .::s.„.....< \\...‘,:„.,,,....\.,„ .-‘,„,,„:„„.,:,.....1::::::-.....,\:.:.,,,,l,t gg-:::::.::::"::\,:. '\' '4;4) t,11:.. ...i'...::'...'::: :.-i...jE:::::..,:...*::.::is‘.:s::::,....:.::::!::.*-:,.....s..::...\..i.:E:E:::::::::.::':::::::::.: \::::' l':****:::::::::els.r::':::;:::\\'''.12f;''''::::::;''\::::\\::: .::\::::':1 .::::.:''Y c.:::.,„:::i:::.:: :..::.,: ::::;ti....::::::i .s.„...::::-::,:::::::::.,...E::::,,,::::::::::::::-.:.:>.;'''. 1': + ,-;›, i \D7 i fs1 i L- 7' i Ordinance No. 613 Exhibit A Page 1 of 1 CITY OF 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 City Clerk of the City of Rancho Palos Verdes; That on November 8, 2018, she caused to be posted the following document entitled: ORDINANCE NO. 613, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES APPROVING A GENERAL PLAN LAND USE MAP AND ZONING MAP AMENDMENT THEREBY PRE-ZONING 1908, 1910, AND 1912 RUE LE CHARLENE AS SINGLE-FAMILY RESIDENTIAL (RS-2) AT 1-2 DWELLING UNITS PER ACRE, RESPECTIVELY(CASE NO. PLGP2018-0001),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 foregoi _ is a true and correct affidavit of posting. Ci y Clerk