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CC RES 1985-069RESOLUTION N0. 85 -69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DENYING TENTATIVE PARCEL MAP N0. 16748 AND DRAFT NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT N0. 462 The City Council of the City of Rancho Palos Verdes Does Hereby Find, Resolve and Order as follows: Section 1: An application was filed by William K. Swanson for a ten- tative parcel map to divide an existing parcel at 29002 Bayend Drive into three (3) parcels. Section. 2: On May 14, 1985, the Planning Commission held a public hearing on the application.. Following the hearing the Planning Commission was unable to take action, resulting in a denial. Section 3: The denial by the Planning Commission was appealed to the City Council, which held a public hearing on July 2, 1985. The City Coun- cil referred the matter back to the Planning Commission with directions to the applicant to consider redesigning the proposal to provide an access easement for flood control purposes and to alleviate the "flag lot" config- uration of the proposal. Section 4: The Planning Commission reheard the matter on August 13 and 272 1985. The application was unchanged. The applicant agreed to grant an access easement for flood control purposes. The Planning Com- mission denied the application. Section 5: The applicant appealed the denial to the City Council, which held a public hearing on November 19, 1985. Section 6: The application creates parcels that are substantially the same as "flag lots". The only difference is that flag lots. have a narrow access provided by a fee interest. The two rear parcels will gain access only through a narrow easement in much the same way as a flag lot. The Land Use Element of the General Plan discourages flag lots. The City Coun- cil, based on these facts, hereby finds that the proposed division of land conflicts with the General Plan. Section 7: The proposal would result in the. existing residence having no setback from the easement providing access to the rear parcels. Sec- tions 17.02.030 and 17.40.030 of the zoning ordinance require that resi- dences on the proposed lots have a setback of fifteen feet from both public and private rights -of -way pursuant to Section 16.04.1170 of the zoning ordinance. The City Council, based upon said facts, hereby finds that the proposal conflicts with the zoning ordinance. Section 8: The property is uneven in typography and slopes more than forty (40) feet from front to rear. Based upon said characteristics, the City Council finds that the property is not physically suitable for the type and density of the proposed division and improvements. 704CP /RES4.1 -2 -1- Resolution No. 85 -69 Section 9: The proposal will result in increased runoff into the canyon at the rear of the property. This canyon is already subject to flooding in times of heavy rainfall. The increased runoff would result in increased debris flowing into the canyon both during and after development. Such debris and runoff could increase the existing flood problem. Based upon these facts, and the physical characteristics discussed in Section 8, the City Council hereby finds that the proposed subdivision would result in substantial environmental damage. Section 10: Based upon the findings in Sections 7, 8, and 9, Tentative Parcel Map 16748 is hereby denied. Section 11: For the reasons stated in Section 9, the City Council does not adopt the negative Declaration of Environmental Impact prepared by the staff on April 26, 1985, in connection with environmental assessment Noy 462. PASSED, APPROVED and ADOPTED December 3. 1985 ATTEST: County of Los Angeles City of Rancho Palos Verdes ss I$ JO PURCELL., City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 85 -69 was duly and regularly pass -ed_ and, .adopted by. the said City Council at a regular meeting thereof held on December 3. 19850 City Clerk, ity o Rancho Palos Verdes 704CP /RES4.1 -2 -2- Resolution No. 85 -69