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PC RES 2009-020 P.C. RESOLUTION NO. 2009-20 A RESOLUTION OF THE PLANNING COMMISSION F THE CITY OF RANCHO P LOS VERDES RECOMMENDING THAT THE CITY COUNCIL CERTIFY NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR CASE NO. ZN2009- 0053, A ZONE CHANGE FOR Eo TRACT 16540 - PORTUGUESE BEND CLUB WHICH ENCOMPASSES THE FOLLOWING ADDRESSES: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 MARITIMERANCHO ALOS 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 March 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 Planning Commission has independently reviewed and considered the proposed Negative Declaration, the public comments upon it, and other evidence before the Commission prior to taking action on the proposed project and finds that the Negative Declaration was prepared in the manner required by law and that there is no substantial evidence that the approval of Case No. ZON2009-00053, a Zone Change,would result in a significant adverse effect upon the environment. Section 2: Case No. ZON2009-00053 for a Zone Change would be consistent with the City's Local Coastal Specific Plan, existing development, density and underlying lot sizes which average 7,080 square feet. Section 3: No site disturbance or alteration will result from the approval of Case No. ZON2009-00053 for a Zone Change since the project area is already built-out with residential structures and uses; and 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 5; Based upon the foregoing findings, the adoption of the proposed Negative Declaration is in the public interest. Section : For the foregoing reasons and based on the information and findings included in the Staff Report, Environmental Assessment and other components of the legislative record,the proposed Negative Declaration,and the public comments received by the Commission,the Planning Commission of the City of Rancho Palos Verdes hereby recommends that the City Council certify that the Negative Declaration (attached as Exhibit A) has been prepared in compliance with the California Environmental Quality Act. P.C. Resolution No. 2009-20 Page 2 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 lewj�x -Planning Commission Chairman Joel Roja Acp Directorprff�' plaening, B 11cr g and Code E for ement; an , iecretary � 0 to the PhrAing Commission P.C. Resolution No. 2009-20 Page 3