PC RES 2009-023 P.C. RESOLUTION NO. 20 9®
RESOLUTION THE PLANNING ! ! THE
CITY OF RANCHO PALOSFINDING THAT THE
CITY'SC I ITI VACANT .64-AC L
ON CHERRY HILL LANE IN THE PORTUGUESE BEND
COMMUNITY FOR PUBLIC INFRASTRUCTURE, P K AND
TRAIL PP , LOCATED AT43 CHERRY HILLL
(ASSESSOR'S A C L NO. 7672-004-022), IS CONSIS-
TENT
! -
T T IT THE GOALS AND POLICIESF THE RANCHO
PALPALOS VERDES GENERAL PLAN
WHEREAS,on December2,2008,the City Council considered and accepted Staff s
recommendation to acquire a tax-defaulted property located on Cherry Hill Lane in the
Portuguese Bend community; and,
WHEREAS, on May 5, 2009, the City Manager advised the Planning Division that
the necessary agreements to complete the acquisition of said property were being drafted;
and,
WHEREAS, Section 65402(a)of the California Government Code requires that no
real property shall be acquired by dedication or otherwise for street, square, park or other
public purposes, if the adopted general plan or part thereof applies thereto, until the
location, purpose and extent of such acquisition have been submitted to and reported upon
by the planning agency as to conformity with said adopted general plan or part thereof;
and,
WHEREAS, the City Manager's request on May 5, 2009, initiated a General Plan
Consistency Finding for the acquisition of the 0.64-acre parcel at 43 Cherry Hill Lane; 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 reviewed the request and determined that the
proposed request would not have a significant impact on the environment and has,
therefore, been determined to be categorically exempt (Class 16, Section 15316); and,
WHEREAS,the Planning Commission conducted a hearing on June 9,2009,within
forty(40)days of the date the request was initiated by the City of Rancho Palos Verdes, at
which time all interested parties were given an opportunity to be heard and present
evidence.
NOW, THEREFORE" THE PLANNING COMMISSION OF THE CITY OF RANCHO
PALOS VERDES DOES HERESY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1., The Rancho Palos Verdes Planning Commission hereby finds as
follows with respect to the location, purpose and extent of the acquisition of the vacant,
0.64-acre tax-defaulted property at 43 Cherry Hill Lane (Assessor's Parcel No. 7572-004-
022):
A. The location of the property acquisition is consistent with the Rancho Palos Verdes
General Plan. The subject property is located adjacent to the City's Palos Verdes
Nature Preserve and within an active landslide area,which accounts for the Hazard
Area land use designation for the property. The property is unimproved, which
creates no conflicts with the Open Space-Hazard (OH)zoning district regulations.
The General Plan notes that the subject property is in an"[area]with considerations
for public health and safety," as well as an "[area] for preservation of natural
resources." The health and safety considerations identified on General Plan Figure
12 include active landslide activity,while the resources identified for preservation on
General Plan Figure 13 are wildlife habitat and natural vegetation. The City's
acquisition of this property will remove the possibility of private development in this
location, which could otherwise be contrary to the public health, safety and general
welfare.
B. The purpose of the property acquisition is consistent with the Rancho Palos Verdes
General Plan. The primary purpose of the property acquisition is to increase the
City's access from Cherry Hill Lane to the bottom of Portuguese Canyon where
there are existing drainage improvements,the maintenance of which is critical to the
effectiveness of the City's on-going landslide abatement efforts. Development of
this property is strictly limited by its current OH zoning and its location within the
City's Landslide Moratorium Area. In addition, several Natural Environment Policies
in the City's General Plan support the acquisition of this property for infrastructure
maintenance purposes.
As a possible secondary purpose, the subject property could serve to expand the
City's Preserve or enhance the passive recreational opportunities available to the
public by the improvement of pedestrian and equestrian trails related to the nearby
Palos Verdes Nature Preserve and/or future gateway/equestrian park approved as a
part of the City's Vision Plan in the nearby active recreation area. Specific trails that
affect the subject property appear to include the Portuguese Canyon and Bean
Field trails, as identified in the City's Conceptual Trails Plan. These segments are
categorized as"Category V,"meaning that they cross privately-owned property and
would require the acquisition of several easements to implement. The acquisition of
the subject property eliminates the need forthe City to acquire easement rights from
a private property owner, if and when in the future the City Council agrees to
develop trails in this area. In addition, several Transportation System Policies in the
City's General Plan support the acquisition of this property for trail and park
purposes.
P.C. Resolution No. 2009-23
Page 2 of 4
C. The extent of the property acquisition is consistent with the Rancho Palos Verdes
General Plan. The subject property is a vacant 0.64-acre parcel. There are number
of other similarly-situated small,vacant parcels in the immediate vicinity, but the City
is not aware at this time if such parcels are available for purchase. However, in the
past the City's Redevelopment Agency has acquired several lots in this area forthe
purpose of improving access to and maintenance of drainage facilities and public
streets (i.e., Palos Verdes Drive South). The acquisition of this property would be a
continuation of the City's past efforts to maintain and improve critical infrastructure.
Section 2: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. Pursuant to Section 17.80.070 of the Rancho
Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing,
setting forth the grounds of the appeal and any specific actions requested by the appellant,
and accompanied by the appropriate appeal fee, no later than fifteen (15) days following
June 9, 2009, the date of the Planning Commission's final action.
Section 3. For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and all other records of the proceedings, which are
attached hereto and made a part thereof by reference, the Planning Commission hereby
finds that the City's acquisition of a vacant, 0.64-acre parcel on Cherry Hill Lane in the
Portuguese Bend community for public infrastructure, park and trail purposes, located at
43 Cherry Hill Lane (Assessor's Parcel No. 7572-004-022), is consistent with the goals and
policies of the Rancho Palos Verdes General Plan.
P.C. Resolution No. 2009-23
Page 3 of 4
PASSED, APPROVED, AND ADOPTED this 9th day of June 2009, by the following
vote:
AYES: Commissioner Knight, Perestam, Ruttenberg, Tetreault,Tomblin,Vice Chairman
Gerstner, Chairman Lewis
NOES: None
ABSTENTIONS: None
ABSENT: None
RECUSALS: None
effrey is
7 4�
Chairman
Joel ApjaSl AICP�a
Dir ctor of Ian in uilding
an Code nforcement; and,
Secr Utao the Planning Commission
M:\Projects\ZON2009-00175(City,43 Cherry Hill Ln)\20090609—Reso—PC.doc
P.C. Resolution No. 2009-23
Page 4 of 4