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ORD 483U ORDINANCE NO. 483U AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES PREZONING THE 440-SQUARE-FOOT PORTION OF THE HIGHRIDGE CONDOMINIUMS PROJECT (ASSESSOR'S PARCEL NO. 7589-007- 802), LOCATED AT 28220 HIGHRIDGE ROAD, AS "RESIDENTIAL MULTI-FAMILY, 22 DWELLING UNITS PER ACRE" (RM-22), AND DECLARING THE URGENCY THEREOF WHEREAS, on October 21, 2008, the City Council of the City of Rancho Palos Verdes conditionally approved an application for a 28-unit residential condominium project on an undeveloped 1.25-acre site, of which a 440-square-foot portion lies within the corporate boundaries of the City of Rolling Hills Estates, a municipal corporation; and, WHEREAS, on December 2, 2008, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 2008-116 requesting that the Local Agency Formation Commissioner (LAFCO) initiate proceedings for the reorganization of territory for the detachment of said 440-square-foot area from the City of Rolling Hills Estates and the annexation of said 440-square-foot area to the City of Rancho Palos Verdes; and, WHEREAS, on January 15, 2009, the City of Rancho Palos Verdes filed an application with LAFCO for the aforementioned detachment and annexation; and, WHEREAS, in order to the LAFCO application to be deemed complete for processing, it is necessary for the City of Rancho Palos Verdes to prezone the 440- square-foot subject territory, and; WHEREAS, on February 17, 2009, the City Council of the City of Rancho Palos Verdes conducted a duly-noticed public hearing to consider the adoption of a prezoning ordinance for the 440-square-foot property that is the subject of the Highridge Condominiums detachment/annexation request. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS: Section 1: The City Council of the City of Rancho Palos Verdes does hereby make the following findings of fact: A. The site (Assessor's Parcel No. 7589-007-802) consists of approximately 0.010 acres (440 square feet) of undeveloped and uninhabited area. S. The site is located adjacent to the corporate boundary between the cities of Rancho Palos Verdes and Rolling Hills Estates, and is a portion of an abandoned former Verizon facility, known as 28220 Highridge Road. C. The site is a portion of an approved but as-yet-unbuilt 28-unit condominium project, the majority of which (i.e., approximately 1.24 acres) would be located within the City of Rancho Palos Verdes. D. The site will accommodate the future development of a 28-unit condominium project, which is not a different use, a more intense use nor a denser use than those already entitled or already permitted to occur by the land use designations and zoning of the site, and for which environmental review has already been conducted. E. The site contains a small portion of an abandoned Verizon facility that will be demolished to accommodate the approved 28-unit condominium project. The prezoning of the site will not give the City the legal authority to alter in any way the lawfully approved entitlements that exist at the site, but will instead allow the development of the site in accordance with these existing entitlements. F. Such prezoning would become effective upon annexation, and designated upon the Zoning Map incorporated within Chapter 17.88 of Title 17 of the City's Municipal Code. G. The Planning Commission held a duly-noticed public hearing on this issue on April 8, 2008, May 13, 2008, June 24, 2008, July 22, 2008 and August 12, 2008. This public hearing was held at Hesse Park Community Building, 29301 Hawthorne Boulevard, Rancho Palos Verdes. At the hearing, the Planning Commission considered Staff's presentation, the Staff report, public testimony on the proposal and the Mitigated Negative Declaration prepared for the project. H. The City Council held a duly-noticed public hearing on this issue on September 16, 2008, and October 21, 2008. This public hearing was held at Hesse Park Community Building, 29301 Hawthorne Boulevard, Rancho Palos Verdes. At the hearing, the City Council considered the Planning Commission's recommendation, Staff's presentation, the Staff report, public testimony on the proposal and the Mitigated Negative Declaration prepared for the project. I. 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 2: Based upon the testimony and other evidence received at the hearing, and upon the study and investigation made by the City Council, the City Council further finds as follows: A. The purpose of the proposal is to prezone the project site to Residential Multi- Family, 22 Dwelling Units per Acre (RM-22), as indicated on the attached Exhibit `A', upon adoption of the proposed General Plan Amendment, Zone Change and Ordinance No. 483U Page 2 of 4 the Mitigated Negative Declaration prepared for the project, approved under separate resolution on October 21, 2008. B. The prezone has been reviewed for consistency with the City's proposed General Plan Amendment and Zone Change. C. Public participation and notification requirements pursuant to Sections 65090 and 65391 of the Government Code of the State of California were duly followed. D. The Mitigated Negative Declaration prepared for this project was approved by•separate resolution by the City Council on October 21, 2008. Section 3: Based upon the foregoing facts and findings, the City Council of the City of Rancho Palos Verdes makes the following findings regarding the prezoning of the subject parcel: A. The need to prezone to Residential Multi-Family, 22 Dwelling Units per Acre (RM-22) does exist within the area of the project site so the site can be annexed into the City of Rancho Palos Verdes and so the site's zoning designation would be consistent with adjacent land uses. B. The subject property is a proper location for the zoning designation because the site is adjacent to areas with similar/compatible zoning designations and similar types of development. C. Public necessity, convenience, general welfare and good planning practice justify the prezone classification proposed because the proposed development will be consistent with the surrounding development and consistent with the City's development standards. D. The proposed prezoning of the project site is consistent with existing land uses in the area and would not result in a substantive change to the existing zoning of the project site, as existing and approved development complies with the development standards of the proposed zoning designations. Section 4: In order to protect the public health, safety and welfare it is necessary for the City of Rancho Palos Verdes to adopt an urgency ordinance prezoning the 440-square-foot portion of the Highridge Condominiums project (Assessor's Parcel No. 7589-007-802), located at 28220 Highridge Road, as "Residential Multi-Family, 22 Dwelling Units per Acre" (RM-22). The urgency in this case is that LAFCO's review of the detachment/annexation proposal will not proceed until the "`Prezoning Ordinance" is adopted. The approved project includes the provision of two (2) dwelling units that will be affordable to very-low-income families. LAFCO estimates that the detachment and annexation process may take up to a year, but for the financial viability of this project and the timely provision of affordable housing units, it is important for the detachment/annexation to proceed as quickly as possible. Ordinance No. 483U Page 3 of 4 Therefore, this ordinance is necessary for the public health, safety and welfare and shall take effect immediately upon adoption as an Urgency Ordinance. Section 5: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted in the manner prescribed by law. PASSED, APPROVED AND ADOPTED THIS 17TH day of February 2009. flO , Mayor ATTEST: 411-6 // 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, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 483U was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on February 17, 2009, and that the same was passed and adopted by the following roll call vote: AYES: Long, Stern, Wolowicz and Clark NOES: None ABSENT: Gardiner ABSTAIN: None 21/Ced— // I City Clerk Ordinance No. 483U Page 4 of 4 EXHIBIT 'A' ORDINANCE NO. 483U PRE-ZONING ORDINANCE FOR HIGHRIDGE CONDOMINIUMS ANNEXATION (LAFCO Proposal Designation No. 2008-20) I lig] ..tt I * 1/2 312 Ili SOUTHEASTERLY UNE 1 PARCEL 1 OF O.R. 24207/123____,I* 1 L 1 \ ,„,------ N521105140'W 200.00' ------,.. \ i 1 \ in \ o ,.. 4 o' \ ■.. cn g''' . ,.., ,. .•..,,. cs, .■. ..,. •... ''-....,. LOT 40 ....- . „ LOT 41 \ * c., ...4. TRUE POINT OF BEGINNING '1'‘ Pi ;000. -teeS 1 ' %AO •••• 1 P. V N, luktiC ....dote, I--SOUTHWESTERLY LINE PARCEL 1 N 2 O.R. 24207/123 .4)? p,\ -01NT OF BEGINNING‘691.1 „ -,...,....--zz \ ANNEXED PORTION 1------"d1111,744” Sq' Ft .,41.11,. . . . -ail, S 3754'2C)* W Scale 1“ w 80 ft. \ E . 43.23 3i. ,„.'i=206.9441.95 ° 1.4:&5°-00 • 1 Area to be .........._ ___ Prezoned __ HIGHRIDGE "Residential Multi- - I 40 ROAD ,--- - Family, 22 Dwelling Units per Acre" . i -„ (RM-22) i Ordinance No. 483U Exhibit A Page 1 of 1 lig E RD ES ANCHO PALOS 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 February 19, 2009, she caused to be posted the following document entitled: ORDINANCE NO. 483U, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES PREZONING THE 440-SQUARE-FOOT PORTION OF THE HIGHRIDGE CONDOMINIUMS PROJECT(ASSESSOR'S PARCEL NO. 7589-007-802), LOCATED AT 28220 HIGHRIDGE ROAD, AS "RESIDENTIAL MULTI-FAMILY, 22 DWELLING UNITS PER ACRE"(RM-22), AND DECLARING THE URGENCY THEREOF, 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. JA '� City Clerk W:\FORMS\Form 150-Affidavit of Posting Ordinance No.483U.doc