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PC RES 2011-024 P.C. RESOLUTION NO. 2011-24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES RECOMMENDING THAT THE CITY COUNCIL APPROVE A REVISION TO CASE NO. ZON2009-00053, A ZONE CHANGE FOR E. TRACT 16540 -- PORTUGUESE BEND CLUB, TO REZONE 4194 MARITIME ROAD FROM RS-2 (SINGLE-FAMILY RESIDENTIAL) TO RS-5 (SINGLE-FAMILY RESIDENTIAL) IN 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 lofts 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 Amendment 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, on August 4, 2009, the City Council certified a Negative Declaration, pursuant to the California Environmental Quality Act, determining that no significant environmental impact would result from the "clean up" Zone Change for all properties located within E. Tract 16540. In addition, the City Council introduced Ordinance No. 496 for a "clean up"Zone Change for all properties within E. Tract 16540 (Case No. ZON2009- 00053), with the exception of 4194 Maritime Road, which was not approved due to a pending Lot Line Adjustment application. The City Council directed Staff to bring a Revision to the "clean up"Zone Change once the Lot Line Adjustment for 4194 Maritime Road was finalized; and, WHEREAS, on August 18, 2009, Ordinance No. 496 was formally adopted by the City Council, to go into full force and effect on September 17, 2009; and, WHEREAS, on September 15, 2009, Urgency Ordinance No. 496U was adopted by the City Council due to insufficient posting of Ordinance 496; and, WHEREAS, on October 16, 2009, the City adopted a final version of Ordinance No. 496, an ordinance of the City of Rancho Palos Verdes, approving a "clean up" Zone Change for properties located within E. Tract 16540, excluding 4194 Maritime Road,which was to be brought back at a later date, pending approval and finalization of a Lot Line Adjustment; and, WHEREAS, on July 22, 2010, the Hearings Officer approved a Coastal Permit and Lot Line Adjustment (Case No, ZON2010-00077 and SUB2010-00001) to adjust the lot lines between two parcels (3 Yacht Harbor Drive and 4194 Maritime Road); and, WHEREAS, on May 23, 2011, Staff received confirmation that the approved Lot Line Adjustment (Case No. ZON2010-00077 and SUB2010-00001) documents were recorded with the Los Angeles County Recorder's Office; 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 June 28, 2011, 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 for 4194 Maritime Road 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 [of development]and induces new units under a 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 to RS-5 would be consistent with 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 and the certified Initial Study and Negative Declaration, and other records of these proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby recommends that the City Council approve the Zone Change, thereby rezoning the property located at 4194 Maritime Road from RS-2 (Single- family Residential) to RS-5 (Single Family Residential) so that all properties within Tract 16540 are under one zoning district, as referenced in Exhibit A (attached). P.C. Resolution No. 2011-24 Page 2 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 July 13, 2011. PASSED, APPROVED AND ADOPTED this 28th day of July 2011, by the following vote: AYES: Commissioners Emenhiser, Gerstner, Leon, Vice Chairman Tetreault and Chairman Tombline NOES.- None ABSTENTIONS: Commissioner Lewis ABSENT.- Commissioner Knight RECUSSALS: None ILI_ z.,; David L. Tomblin Chairman Joel of s, AIC Corn u ity Dee�lpment Director; and, Secre a a to the Planning Commission P.C. Resolution No, 2011-24 Page 3