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CC RES 1993-096RESOLUTION NO. 93 -96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADOPTING A NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, FOR GENERAL PLAN AMENDMENT NO . 21, ZONE CHANGE NO* 22, AND CODE AMENDMENT NO. 37 TO CREATE AN AUTOMOTIVE SERVICE OVERLAY CONTROL DISTRICT. WHEREAS, eight service stations currently exist in the City of Rancho Palos Verdes. Four are located in Commercial zones; three are located in Residential zones; and one is located in an Institutional zone. Pursuant to the Development Code, service stations within any Commercial zone require a Conditional Use Permit, and those located within the Residential and Institutional zones are currently non - conforming uses which may not expand or make significant improvements; and, WHEREAS, it is the intent of the City to encourage the eight existing service stations to remain in business and provide necessary services to the citizens of Rancho Palos Verdes; and, WHEREAS, on October 20, 19 9 2 , the City Council of the City of Rancho Palos Verdes directed City Staff to initiate a General Plan Amendment and Zone Change to make all existing service stations in the City legal uses in conformance with the General Plan and Zoning, and to initiate a Development Code revision that would allow service stations to exist in all Commercial zones without the need for a Conditional Use Permit; and, WHEREAS, the City initiated these projects in the form of General Plan Amendment No. 21, Zone Change No, 22, Code Amendment No. 37, and Environmental Assessment No. 653; and WHEREAS, pursuant to the provisions of the California Environmental Quality act, Public Resources Code Sections 21000 et seq. ("CEQA"), the State CEQA Guidelines, California Code of Regulation, Title 14, Sections 15000 et seq. , the City's Local CEQA Guidelines, and Government Code Section 65952,5(e) (Hazardous Waste and Substances Statement), the City prepared an Initial Study and determined that there was no substantial evidence that the adoption of the General Plan Amendment, Zone Change, and Code Amendment would have a significant effect on the environment. Accordingly, a draft Negative Declaration was prepared and notice of that fact was given in the manner required by law; and, WHEREAS, duly noticed public hearings before the Planning Commission of the City of Rancho Palos Verdes to consider the proposed Negative Declaration were held on July 27, 1993 and August 24, 1993, at which time public comments on the Draft Negative Declaration and the General Plan Amendment, Zone Change, and Development Code Amendment were received by the Planning Commission; and WHEREAS, the Planning Commission adopted P.C. Resolution No. 93 -24 recommending adoption of the draft Negative Declaration to the City Council on September 14, 1993. WHEREAS, a duly noticed public hearing was held by the City Council on October 21, 1993, at which time all interested parties were given the opportunity to discuss the draft Negative Declaration and General Plan Amendment, Zone Change, and Code Amendment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: The City Council has reviewed and considered the proposed Negative Declaration, the public comments upon it, and the other evidence presented before the Planning Commission and City Council, and finds that the Negative Declaration was prepared in the manner required by law, and that there is no substantial evidence that the adoption of the General Plan Amendment, Zone Change, and Code Amendment would have a significant effect on the environment, and that no mitigation measures are necessary to eliminate significant environmental effects of the proposed project. Section 2: That although the Negative Declaration analyzes the environmental impacts associated with General Plan Amendment No. 21, Zone Change No. 22, Code Amendment No. 37, separate environmental review will be performed for any projects requiring a building permit on each of the eight sites prior to receiving any approvals by the Director of Planning, Building, and Code Enforcement, or by the Planning Commission. Section 3: Based on the foregoing, the City Council finds that the adoption of the draft Negative Declaration is in the public interest. Resolution No. 93 -96 Page 2 of 3 Section 4: Based upon the facts contained in this Resolution, in the Staff Reports, minutes, and other components of the legislative record, in the draft Negative Declaration, and in the public comments received by the Planning Commission and City Council, the City Council of the City of Rancho Palos Verdes hereby adopts the Negative Declaration associated with Environmental Assessment No. 653 with regard to General Plan Amendment No. 21, Zone Change No, 22, and Code Amendment No, 37, PASSED, APPROVED, and ADOPTED this 21st day of October 1993. YOR 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. 93 -96 was duly and regularly passed and adopted by the said City Council at a regular meeting held on October 21, 19930 DJ22: CCRESND . GAS CITY CLERK/,/CITY OF RANCHO PALOS VERDE S Resolution No. 93 -96 Page 3 of 3