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PC RES 1996-029P.C. RESOLUTION NO. 96-29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES FORWARDING A FINDING TO THE CITY COUNCIL THAT THE PROPOSED STREET VACATION OF A PORTION OF THE 29800 BLOCK OF WHITLEY COLLINS DRIVE WITHIN TRACT NO. 38848 (THE ISLAND VIEW) IS CONSISTENT WITH THE GOALS AND POLICIES OF THE GENERAL PLAN WHEREAS, on July 29, 1992, the applicant, The Island View Homeowners' Association, submitted an application for Encroachment Permit No 26 and a revision to Conditional Use Permit No 82, a request to increase security in Tract No. 38848 by the installation of a manned observation booth at the San Clemente Place entrance to the tract and unmanned automatic gates at the Whitley Collins Drive entrance to the tract, and, WHEREAS, the installation of private gates within the right-of-way of Whitley Collins Drive requires the vacation of the portion of Whitley Collins Drive within Tract No 38848; and, WHEREAS, Section 65402(a) of the California Government Code requires that if a general plan has been adopted, no street shall be vacated or abandoned until the location, purpose and extent of such street vacation or abandonment have been submitted to and reported upon by the planning agency as to conformity with said adopted general plan, and, WHEREAS, on October 4, 1994, the City Council authorized the applicant tc proceed with the request to vacate a portion of Whitley Collins Drive within Tract No. 38848, following the citywide Street Vacation Procedures established in Resolution No 90-93, and, WHEREAS, on September 23, 1996, the Traffic Committee is scheduled to review the applicant's request with respect to traffic and circulation issues and compliance with the Street Vacation Procedures; and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 2100 et seq ("CEQA"), the State's CEQA Guidelines, California Code of Regulation, Title 14, Section 15000 et. seq , the City's Local CEQA Guidelines, and Government Code Section 65952.5(e) (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 categorically exempt (Class 1, Section 15301(c)), and, WHEREAS, the Planning Commission conducted a hearing on August 27, 1998, 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: That the road is a truly local road and is not needed as a thoroughfare in the collector and arterial road network since the segment of Whitley Collins Drive to be vacated is a short access road for the neighborhood and does not serve as a thoroughfare for other neighborhoods surrounding The Island View community. Section 2: That an assessment district or CC&R district has already been established, in the form of The Island View Homeowners' Association, which will allow the district to levy taxes or legally -enforceable assessments for road maintenance for the vacated portion of Whitley Collins Drive. Section 3: That provisions are made to guarantee the proper up -keep of the vacated portion of Whitley Collins Drive through rules and regulations regarding common area maintenance of The Island View Homeowners' Association. Section 4: That dedications for non -vehicular easements over the vacated portion of Whitley Collins Drive will be reserved by the City, specifically, for emergency ingress/egress, utility and public pedestrian purposes Section 5: That the proposed vacation of a portion of Whitley Collins Drive within Tract No. 38848 is also consistent with other goals and policies of the Rancho Palos Verdes General Plan related to maintaining the quality of residential neighborhoods, providing safe and efficient public streets, and discouraging non -local traffic in residential areas Section 6: 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 forwards this matter to the City Council for further consideration with the finding that the proposed street vacation of a portion of the 29800 block of Whitley Collins Drive within Tract No 38848 is consistent with the goals and policies of the City's General Plan P C Resolution No 98-29 Page 2 of 3 6 0 PASSED, APPROVED, AND ADOPTED this 27th day of August 9996, by the following vote: AYES Commissioners Alberio, Cartwright, Franklin, Ng, Whiteneck, Vice Chairman Vannorsdall, and Chairman Clark NOES ABSTENTIONS 1 • • Carolynn Petru, Director of Planning, Building, and Code Enforcement, and, Secretary to the Planning Commission M IUSERSiKITF\WPWIN601PRQJECTSICUP82RXCUP82R GPR Q IF, (ri Lawrence E Clark, Chairman P C Resolution No 96-29 Page 3 of 3