Loading...
CC RES 2007-110 RESOLUTION NO. 2007-110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES CERTIFYING A NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR CASE NO. ZON2007- 00134 (GENERAL PLAN AMENDMENT, ZONE CHANGE, HEIGHT VARIATION AND SITE PLAN REVIEW) FOR THE PROPERTY LOCATED AT 3324 SEACLAIRE DRIVE. WHEREAS, on March 22, 2007, the property owners at 3324 Seaclaire Drive submitted a General Plan Amendment Initiation Request (GPAIR) and Zone Change Initiation Request to relocate the General Plan and Zoning land use designation boundary line on their property; and, WHEREAS, on May 15, 2007, the City Council conducted a public hearing on a GPAIR for the subject property and 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 Designation for a portion of the subject site; and WHEREAS, on June 19, 2007, the applicants submitted applications for a General Plan Amendment, Zone Change, Environmental Assessment, Height Variation and Site Plan Review requesting to relocate the existing boundary line that separates two distinct General Plan land use and Zoning designation and to replace the existing 2,721ft2 single-story residence with a 3,720ft2 two-story residence; and, WHEREAS, on July 11, 2007, the applications for a General Plan Amendment, Zone Change, Environmental Assessment, Height Variation, and Site Plan Review were deemed complete; and, WHEREAS, on August 14, 2007, the Planning Commission conducted a public hearing on a General Plan Amendment, Zone Change, Environmental Assessment, Height Variation and Site Plan Review and continued the meeting to September 25, 2007 based on concerns in regards to silhouette accuracy, unclear horizon line and compatibility; and, WHEREAS, on September 25, 2007, the Planning Commission recommended that the City Council adopt the Negative Declaration and approve the General Plan Amendment, Zone Change, Height Variation and Site Plan Review applications; 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 the approval for the General Plan Amendment, Zone Change, Height Variation and Site Plan Review would result in a significant adverse effect on the environment and, therefore, a Negative Declaration has been prepared and notice of same was given in the manner required by law; and, WHEREAS, after notices were issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the City Commission held a duly noticed public hearing on October 16, 2007, at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: That the City Council has independently reviewed and considered the proposed Negative Declaration, the public comments, and other evidence and finds that the Negative Declaration is prepared in a manner required by law, that there is no substantial evidence that the approval of Case No. ZON2007-00134 (General Plan Amendment, Zone Change, Height Variation and Site Plan Review) Resolution No. 2007-110 Page 1 of 2 would have a significant effect on the environment, and that no mitigation measures are necessary to eliminate significant environmental effects of the proposed project. Specifically, there will not be adverse impact on the environment because the relocation of the OH/RS-3 boundary line from the front of the property to the rear(top of the slope) simply allows the existing improved rear yard flat area to be entirely within the residential zone. The existing extreme down slope in the rear yard will be left untouched and will remain as Open Space Hazard. Further, a geology report approved for the project indicates that there will be no adverse impacts for the subject property or environment as a result of the proposed land use change. Section 2: That the Case No. ZON2007-00134 for a General Plan Amendment, Zone Change, Height Variation and Site Plan Review are consistent with the Rancho Palos Verdes General Plan. Section 3: Based upon the foregoing findings, the adoption of the proposed Negative Declaration is in the public interest. Section 4: The time within which the judicial review of the decision reflected in this Resolution, 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 5: For the forgoing reasons, and based on information and findings contained in the public record, including the staff reports, minutes, records of proceedings, and evidence presented at the public hearings, the City Council of the City of Rancho Palos Verdes hereby certifies that the Negative Declaration has been prepared in compliance with CEQA, thereby approving the General Plan Amendment, Zone Change, Height Variation and Site Plan Review. PASSED, APPROVED AND ADOPTED this 16th day of October 200 . Mayor Attest: &fa__ /. 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 above Resolution No. 2007-110 was duly and regularly passed and adopted by the said City Council at a regular meeting held on October 16, 2007. City Clerk Resolution No. 2007-110 Page 2 of 2