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CC RES 2005-125RESOLUTION NO. 2005 -125 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. ZON2003- 00520, A GENERAL PLAN AMENDMENT AND ZONE CHANGE FOR THE UPPER SAN RAMON CANYON AREA (15 PROPERTIES LOCATED BETWEEN THE HEAD OF SAN RAMON CANYON AND PALOS VERDES DRIVE EAST, ADDRESSED AS 30648, 30650, 30652, 30658, 30676, 30678, 30680, 30682 PALOS VERDES DRIVE EAST, AND 2803, 2809, 2817, 2823, 2829, 2837, 2845 SAN RAMON DRIVE). WHEREAS, in June 2003, the City of Rancho Palos Verdes officially completed a drainage and slope stabilization project for the upper San Ramon Canyon area. The project addressed the canyon erosion, drainage for the area, repair of the erosion - damaged slope, and stabilization of the landslide caused by a storm drain backup and overflow that occurred in 1998; and, WHEREAS, on September 7, 2004, the City Council approved a General Plan Amendment Initiation Request (GPAIR), thereby directing Staff to proceed with a General Plan Amendment and Zone Change for the 15 properties that create the Upper San Ramon Canyon project area, located between the head of the canyon and Palos Verdes Drive East, from Natural Environment/Hazard to Residential (1 to 2 dwelling units per acre) and from Open Space Hazard (OH) zoning to Single Family Residential (RS -2) zoning for the portions of those properties that are relatively flat, outside of the Canyon itself and are developed with residential structures; and, WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on February 22, 2005, at which time all interested parties were given an opportunity to be heard and present evidence; and, WHEREAS, on February 22, 2005, the Planning Commission adopted P.C. Resolution No. 2005 -09 and P.C. Resolution No. 2005 -10, recommending that the City Council certify a Negative Declaration for Case No. ZON2003 -00520 with inclusion of an addendum with regards to the NCCP and the re- vegetation required by the San Ramon Stabilization project, hereby referenced to as Addendum No. 1 to the Environmental Assess ment/Negative Declaration, and recommending that the City Council approve a General Plan Amendment and Zone Change for the Upper San Ramon Canyon area; and, WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the City Council held a duly noticed public hearing on June 7, 2005, at which time all interested parties were given an opportunity to be heard and present evidence, and the City Council gave direction to Staff regarding geotechnical issues and additional information that arose from the public, and continued the hearing to August 16, 2005; and, WHEREAS, the City Council held a duly noticed public hearing on August 16, 2005, at which time all interested parties were given an opportunity to be heard and present evidence and the City Council gave direction to Staff regarding geotechnical issues, and directed that the City Geologist present a cost proposal for consideration by the City Council to conduct a 3rd party review of the geotechnical data and information that was compiled for the San Ramon Drainage and Landslide Stabilization project and the conclusions for the zone change, and continued the hearing to September 20, 2005; and, WHEREAS, the City Council held a duly noticed public hearing on September 20, 2005, at which time all interested parties were given an opportunity to be heard and present evidence and the City Council authorized the City Geologist to conduct a 3rd party review of the geotechnical information for the proposed zone change for the upper San Ramon Canyon area and approved a budget adjustment in an amount of $3,500.00 to pay for the additional review, and continued the hearing to November 15, 2005; and, WHEREAS, the City Council held a duly noticed public hearing on November 15, 2005, 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: The Negative Declaration for the proposed project is now comprised of the Initial Study, the comments which were received by the City regarding the Negative Declaration, and the City's written responses to comments raised in the public review and comment process, including Addendum No. 1 to the Environmental Assess ment/Negative Declaration incorporated herein by this reference. Section 2: The findings made in this Resolution are based upon the information and evidence set forth in the Negative Declaration, as defined in Section 1 and upon other substantial evidence, which has been presented in the record of this proceeding. The documents, staff reports, technical studies, appendices, plans, specifications, and other materials that constitute the record of proceedings on which this Resolution is based and the Negative Declaration for the Project are on file and available for public examination during normal business hours in the Office of the Director of Planning, Building and Code Enforcement of the City of Rancho Palos Verdes, 30940 Hawthorne Boulevard, Rancho Palos Verdes, California 90275. The custodian of said records is the Director of Planning, Building and Code Enforcement of the City of Rancho Palos Verdes. Resolution No. 2005 -125 Page 2 of 4 Section 3: The City Council finds that the public and government agencies have been afforded ample notice and opportunity to comment on the Negative Declaration. Section 4: The City Council finds, pursuant to CEQA Guidelines Section 15074(b) that the Negative Declaration has been independently reviewed and analyzed by the City Council and its Staff, and that said documents represent the independent judgment of the City Council with respect to the Project. Section 5: The City Council finds that there are no sensitive natural habitat areas on the subject site, and any future development of the site will be required to comp!y with the City's Development Code standards. No site disturbance and /or alteration of any kind will result from the approval of General Plan Amendment and Zone Change. Therefore, the project will have no individual or cumulative adverse impacts upon resources, as defined in Section 711.2 of the State Fish and Game Code. Section 6: Based upon the information and analysis contained in Negative Declaration, as defined in Section 1, and the record of these proceedings, the City Council finds that there is no substantial evidence that the project will have a significant effect on the environment. Section 7: Case No. ZON2003 -00520 for a General Plan Amendment is interna-Ily consistent with the General Plan and that the Residential land use would not be contrary to the goals and policies of the General Plan. Section 8: Case No. ZON2003 -00520 for a Zone Change would be consistent with the other properties along San Ramon Drive, Palos Verdes Drive East and Calle Aventura. Further, the zoning would be consistent with the residential developments that already exist on the subject properties of the project area. Furthermore, the Zone Change would ensure the zoning's consistency with the General Plan. Section 9: 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, Public Resource Code Section 21167, and other applicable short periods of limitation Section 10: Based upon the foregoing findings, the adoption of the proposed Negative Declaration is in the public interest. Section 11: For the foregoing reasons and based on the information and findings included in the Staff Report, Environmental Assessment and other components of the legislative record, the proposed Negative Declaration, and the public comments received by the Commission, the City Council of the City of Rancho Palos Verdes hereby certifies the Negative Declaration, including Addendum No. 1 to the Environmental Assess ment/Negative Declaration incorporated herein by this reference, in compliance with the California Environmental Quality Act. Resolution No. 2005 -125 Page 3 of 4 PASSED, APPROVED, AND ADOPTED this Attest: I -a AN W �e ��Z. State of California ) County of Los Angeles ) ss City of Rancho Palos Verdes ) 15th day of November 2005: Mayor I, Carolynn Petru, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the above Resolution No. 2005 -125 was duly and regularly passed and adopted by the said City Council at a regular meeting held on November 15, 2005. E11,M*M46 71 - Resolution No. 2005 -125 Page 4 of 4