PC RES 2013-001 P.C. RESOLUTION NO. 2013-01
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES FINDING THAT THE
CITY'S ACQUISITION OF A VACANT 0.92-ACRE PARCEL
ON CHERRY HILL LANE IN THE PORTUGUESE BEND
COMMUNITY FOR LANDSLIDE ABATEMENT AND
ROADWAY MAINTENANCE PURPOSES (ASSESSOR'S
PARCEL NOS. 7572-007-001 AND 7572-007-012) IS
CONSISTENT WITH THE GOALS AND POLICIES OF THE
RANCHO PALOS VERDES GENERAL PLAN
WHEREAS, on October 18, 2012, the managing partner of the Niemeyer Land &
Farming Partnership submitted an inquiry to the City of Rancho Palos Verdes to determine
if the City was interested in acquiring a vacant lot that the Partnership owns, located in the
active landslide area on Cherry Hill Lane in the Portuguese Bend community; and,
WHEREAS, on November 20, 2012, the City Council considered and accepted
Staff's recommendation to enter into negotiations to acquire the property from the
Partnership for landslide abatement and roadway maintenance purposes; 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 Council's action on November 20, 2012, initiated a General
Plan Consistency Finding (Planning Case No. ZON2012-00398)for the acquisition of the
0.92-acre parcel (Assessor's Parcel Nos. 7572-007-011 and 7572-007-012); 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 exempt (Section 15061(b)(3)); and,
WHEREAS, the Planning Commission conducted a hearing on January 8, 2013, 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 HEREBY 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,
0.92-acre property on Cherry Hill Lane (Assessor's Parcel Nos. 7572-007-011 and 7572-
007-012):
A. The location of the property acquisition is consistent with the Rancho Palos Verdes
General Plan. The subject property is located within an active landslide area but is
surrounded by developed and undeveloped lot, which accounts for the Hazard
Area/Residential, 1-2 DU acre 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 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 and roadway maintenance
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.
C. The extent of the property acquisition is consistent with the Rancho Palos Verdes
General Plan. The subject property is a vacant 0.92-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 and its former Redevelopment Agency have acquired several lots in
this area for the purpose of improving access to and maintenance of drainage
facilities and adjoining 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,
P.C. Resolution No. 2013-01
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and accompanied by the appropriate appeal fee, no later than fifteen (15) days following
January 8, 2013, 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, 0.92-acre parcel on Cherry Hill Lane in the
Portuguese Bend community for landslide abatement and roadway maintenance purposes
(Assessor's Parcel Nos. 7572-007-011 and 7572-007-012)is consistent with the goals and
policies of the Rancho Palos Verdes General Plan.
PASSED, APPROVED, AND ADOPTED this 8 th day of January 2013, by the
following vote:
AYES: Commissioners Leon, Lewis, Nelson and Tomblin, Vice Chairman
Emenhiser and Chairman Tetreault
NOES: None
ABSTENTIONS: None
ABSENT: Commissioner Gerstner
RECUSALS: None
P ul etr ault al.
Chairman
)
Joel Rojas. AIC',
6
1p
,
Communi' De elopme t irector; and,
Secretary . e Plannin Commission
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P.C. Resolution No. 2013-01
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