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PC RES 1993-024P.C. RESOLUTION NO. 93-24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES RECOMMENDING ADOPTION OF A NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND RECOMMENDING APPROVAL OF GENERAL PLAN AMENDMENT NO. 21, ZONE CHANGE NO. 22, AND CODE AMENDMENT NO. 37 TO THE CITY COUNCIL. WHEREAS, eight service stations currently exist in the City of Rancho Palos Verdes. Four are located in Commercial zones; three are located in Residential zones; and one is located in an Institutional zone. Pursuant to the Development Code, service stations within any Commercial zone require a Conditional Use Permit, and those located within the Residential and Institutional zones are currently non -conforming uses which may not expand or make significant improvements; and, WHEREAS, it is the intent of the City to encourage the eight existing service stations to remain in business and provide necessary services to the citizens of Rancho Palos Verdes; and, WHEREAS, on October 20, 1992, the City Council of the City of Rancho Palos Verdes directed City Staff to initiate a General Plan Amendment/Zone Change to make all existing service stations in the City legal uses in conformance with the General Plan and Zoning, and to initiate a Development Code revision that would allow service stations to exist in all Commercial zones without the need for a Conditional Use Permit; and, WHEREAS, the City originally initiated these projects in the form of General Plan Amendment No. 21, Zone Change No. 20, Code Amendment No. 37, and Environmental Assessment No. 653. On September 1, 1993, City Staff discovered that an error had been made in the number of "Zone Change No. 20,11 in that this portion of the project should have been numbered "Zone Change No. 22.11 This error shall be corrected in these applications beginning from the date of the execution of this Resolution; and, WHEREAS, pursuant to the provisions of the California Environmental Quality act, Public Resources Code Sections 21000 et seq. ("CEQA"), the State CEQA Guidelines, California Code of Regulation, Title 14, Sections 15000 et seq., the City's Local CEQA Guidelines, and Government Code Section 65952.5(e) (Hazardous Waste and Substances Statement), the city prepared an Initial Study and determined that there was no substantial evidence that the adoption of the General Plan Amendment/Zone Change would have a significant effect on the environment. Accordingly, a draft Negative Declaration was prepared and notice of that fact was given in the manner required by law; and, WHEREAS, duly noticed public hearings before the Planning Commission of the City of Rancho Palos Verdes to consider the proposed Negative Declaration were held on July 27, 1993 and August 24, 1993, at which time public comments on the Draft Negative Declaration and the General Plan Amendment/Zone Change were received by the Planning Commission. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: That the numbering error of "Zone Change No. 2011 shall be corrected from this date forward to read "Zone Change No. 22.11 This correction is justified in that all the other elements of the project were properly numbered, and an adequate project description was given throughout the noticing and Staff Reports to inform interested parties of the nature of the project. Section 2: The Planning Commission has reviewed and considered the proposed Negative Declaration, the public comments upon it, and the other evidence before the Commission and finds that the Negative Declaration was prepared in the manner required by law, that there is no substantial evidence that the adoption of the General Plan Amendment/Zone Change would have a significant effect on the environment, and that no mitigation measures are necessary to eliminate significant environmental effects of the proposed project. Section 3: That although the Negative Declaration analyzes the environmental impacts associated with General Plan Amendment No. 21, Zone Change No, 22, Code Amendment No. 37, separate environmental review will be performed for any projects requiring a building permit on each of the eight sites prior to receiving any approvals by the Director of Environmental Services. Section 4: Based on the foregoing findings, the adoption of the Draft Negative Declaration is in the public interest. Section 5: Based upon the facts contained in this Resolution, in the Staff Reports and other components of the legislative record, in the proposed Negative Declaration, and in the public comments received by the Commission, the Planning Commission hereby recommends that the City Council of the City of Rancho Palos Verdes adopt the proposed Negative Declaration associated with Environmental Assessment No. 653 and approve General Plan Amendment No. 21, Zone Change No, 22, and Code Amendment No. 37. P.C. Resolution No. 93-24 w Page 2 of 3 This Resolution shall be transmitted to the City Council and shall constitute the written recommendation required by Section 65354 of the Government Code. PASSED, APPROVED, and ADOPTED this 14th day ofer, 1993. /% 0 "� A IN, K" 0 "'- Bret B B�nar , AICP Direc r of EnOVironmental Services and Secretary to the Commission DJ19:PCGASRES.914 Robert Katherman Chairman P.C. Resolution No. 93-24 Page 3 of 3