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PC RES 2009-021 P.C. RESOLUTION NO® 2009-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES RECOMMENDING THAT THE CITY COUNCIL APPROVE CSE NO.ZON2009-00053,A ZONE CHANGE FOR E.TRACT 16540-PORTUGUESE BEND CLUB WHICH ENCOMPASSES THE FOLLOWING A DRESSE ® 4156, 4150, 4144, 4136, 4126, 4124, 4112, 4110, 4104, .AND 4048 PALOS VERDES DRIVE SOUTH; 4111, 4109, 4105, 4101, 4100, 4108, 4112 SEA HORSE LANE; AND 4194, 4187, 4188, 4184, 4181, 4178, 4174, 4173, 4171, 4170, 4164, 4161, 4158, 4157, 4151, 4150, 4147, 4144, 4130, 4125, 4118, 4115, 4110, 4105, AND 4100 MARITIME RANCHO PALOS VERDES, CA 90275 WHEREAS, in 1957,Tract 16540 was recorded under the County of Los Angeles for a total of 42 legal lots, whereby 31 housing units were relocated from the land area affected by the Portuguese Bend Landslide to the new subdivision between 1958 and 1959 and the remaining 11 lots were developed with custom homes; and, WHEREAS, in 1975, the City's first Zoning Map was adopted and the properties located within Tract 16540 were placed within two zoning districts, RS-2 and RS-5, whereby some properties were designated wholly RS-2 or RS-5 and some properties contained dual zoning with both RS-2 and RS-5; and, WHEREAS, in 1975, the City's first Zoning Map was adopted and a number of properties along the south side of Maritime Road also included an Open Space Hazard (OH) zoning designation; and, WHEREAS, in 1978, the City's Coastal Specific Plan was adopted, in compliance with the mandates established by the California Coast Act for establishing a Local Coastal Program within the City's Coastal Zone (all land seaward of Palos Verdes Drive West and Palos Verdes Drive South), and the City's Coastal Specific Plan established a total of eight (8) Subregions, whereby Tract 16540 is located within Subregion six (6); and, WHEREAS, on Larch 3, 2009,the City Council approved a Director-initiated Zone Change Initiation Request(ZCAIR)to bring a Zone Change before the Planning Commission for review and preparation of a formal recommendation to the City Council regarding the Zone Change of Tract 16540; 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 has prepared an Initial Study and determined that there is no substantial evidence that approval of the Zone Change would result in a significant adverse effect on the environment, and therefore, a Negative Declaration has been prepared and notice of the fact was given in the manner required by law; and, WHEREAS, after notice was issued pursuant to the requirements of the Rancho Palos Verdes Development Code,the Planning Commission held a duly noticed public hearing on May 12, 2009, at which time all interested parties were given an opportunity to be heard and present evidence; and, NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1® The proposed Zone Change is warranted since it is consistent with the City's Local Coastal Specific Plan which states, "...the 5 unit per acre density is in conformance with the existing pattern hof development]and induces new units undera pattern which is compatible with the intimate character established by past development"(page S6-10, RPV Coastal Specific Plan).The change in zoning from RS-2 or dual zoning (RS-2 and RS-5)to RS-5 would be consistent the exiting pattern of development, density and lot sizes found within Tract 16540. Section 2: For the foregoing reasons and based upon the information and findings included in the Staff Report, Initial Study and other records of these proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby recommends that the City Council: a) Approve the Zone Change, thereby rezoning the properties and portions of properties from wholly RS-2 or dual zoned RS2 and RS-5(Single Family Residential)to wholly RS- 5 (Single-Family Residential) so that all properties within Tract 16540 are under one zoning district, as referenced in Exhibit A (attached). Section 6: The Planning Commission action on this matter is advisory only;with the final action on the matter being taken by the City Council at a future duly noticed public hearing. Nonetheless, any interested person aggrieved by this decision or any portion of this decision may appeal it to the City Council. Pursuant to Sections 17.60.060, 17.76.040(H) and 17.80.070 of the Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing, and with the appropriate appeal fee, no later than May 26, 2009. PASSED, APPROVED AND ADOPTED this 12th day of May 2009, by the following vote: AYES: Commissioners Knight, Ruttenberg, TetreauLt, Vice Chair Gerstner and Chairman Lewis NOES: None ABSTENTIONS: None ABSENT: Commissioner Tomblin Jeffrey is ` Cha',dean Joel R6ja , AICP Direc or of Planni g Buildi g nd Code nforcement; and, Secretary to the Planning Commission P.C. Resolution No. 2009-21 Page 2