Loading...
CC RES 2003-044RESOLUTION NO. 2003 -44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES CERTIFYING A NEGATIVE DECLARATION AND MAKING CERTAIN FINDINGS AND FACTS IN SUPPORT OF THOSE FINDINGS AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ( "CEQA ") IN CONNECTION WITH THE APPROVAL OF GENERAL PLAN AMENDMENT, COASTAL SPECIFIC PLAN AMENDMENT, ZONE CHANGE, AND ZONE TEXT AMENDMENT FOR PROPERTY LOCATED AT 6100 PALOS VERDES DRIVE SOUTH. THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOW: Section 1: On January 24, 2003, the applicant submitted an application for the General Plan Amendment, Coastal Specific Plan Amendment, Zone Change, and Environmental Assessment (Case No. ZON2003- 00036), for property located at 6100 Palos Verdes Drive South. After review of the submittal, staff deemed the application complete on February 21, 2003. Said application is a request to amend the General Plan and Coastal Specific Plan Land Use Designations of the subject property from Commercial (office) to Residential (2 -4 dwelling units .per acre) and rezone the property from Commercial Professional (CP) to Single Family Residential (RS -4). Pursuant to CEQA Guidelines Section 15163, a Draft Negative Declaration was prepared for the proposed project and circulated for public and agency comment pursuant to CEQA Guidelines Section 15072. Section 2: In conjunction with the proposed application, the City initiated a Zone Text Amendment (Case No. ZON2003- 00113) to Section No. 17.84 of the Municipal Code (Nonconformities) to require development on parcels, where the zoning designation changes, to comply with the parking standards of the new zoning designation, at such time that a change of use of the property, as defined by the Chapter 17.96 of this Code, occurs. Section 3: 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 Planning Commission recommended to the City Council certification of the Negative Declaration by the adoption of P.C. Resolution No. 2003 -16 Section 4: Pursuant to the requirements of Government Code Section Nos. 65353 and 65453, and the Rancho Palos Verdes Development Code, the Planning Commission of the City of Rancho Palos Verdes held a duly noticed public hearing on April 22, 2003, at which the Planning Commission recommended approval of the General Plan Amendment, Coastal Specific Plan Amendment, Zone Change, and Zone Text Amendment by the adoption of P.C. Resolution No. 2003 -16. Section 5: A duly noticed public hearing was held by the City Council on June 3, 2003. At the hearing, all persons both in favor of and in opposition to the Project were permitted to be heard. The findings adopted herein are based upon substantial evidence in the record of those hearings. Section 6: 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. Section 7: The findings made in this Resolution are based upon the information and evidence set forth in the Negative Declaration, as defined in Section 6 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 90274. The custodian of said records is the Director of Planning, Building and Code Enforcement of the City of Rancho Palos Verdes. Section 8: The City Council finds that the public and government agencies have been afforded ample notice and opportunity to comment on the Negative Declaration. Section 9: 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 10: 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 comply 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, Coastal Specific Plan Amendment, Zone Change and /or Zone Text Amendment. 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 11: Based upon the information and analysis contained in Negative Declaration, as defined in Section 6, 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. Resolution No. 2003 -44 Page 2of3 Section 12: 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. PASSED, APPROVED, AND ADOPTED this 3rd day of 2003. J� Mayo, Attest: City Clerk State of California ) County of Los Angeles ) ss City of Rancho Palos Verdes ) I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2003 -44 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on June 3, 2003. Resolution No. 2003 -44 Page 3of3