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CC RES 2015-069 RESOLUTION NO. 2015-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING A GENERAL PLAN AMENDMENT TO CHANGE THE LAND USE DESIGNATION FROM NATURAL ENVIRONMENT/HAZARD TO RESIDENTIAL 1 TO 2 DWELLING UNITS PER ACRE FOR A PORTION OF 10 CHAPARRAL LANE. WHEREAS, on July 15, 2008, the City Council approved a General Plan Initiation Request, allowing the applicant to proceed with the pursuit of proposed changes to the General Plan land use and Zoning designation to adjust the boundary line between the portion of the subject property designated as "residential" and the portion designated as "hazard"; and, WHEREAS, on February 28, 2012, the Planning Commission adopted Resolution No. 2012-05, recommending that the City Council certify a Mitigated Negative Declaration and approve the relocation of General Plan Land Use and Zoning Map boundary lines to accommodate the construction of a new residence on the only flat area of the subject property (5-1, with Commissioner Leon dissenting); and, WHEREAS, on April 17, 2012, the City Council held a duly noticed public hearing at which time the application was continued to June 5th, then to July 17th and September 18th at the applicant's request, to an unspecified date for additional time to address all geotechnical issues; and, WHEREAS, in 2014, a new property owner Kevin Chen, represented by his architect Luis de Moraes, notified Staff that he intended to follow through on the same pending application except that the project would be revised with a reduced scope of work. On September 2nd and 30th of 2014, the City Council granted Mr. Chen's request to continue the public hearing to future unspecified date to address geologic concerns of the site; and, WHEREAS, on June 18, 2015, notice of the Initial Study and draft Mitigated Negative Declaration and the proposed General Plan Amendment, Zone Change, Height Variation and Grading Permit was sent to all property owners within 500' of the subject site and appropriate public agencies for a minimum comment period of 20-days, commencing on June 18, 2015, and concluding on July 14, 2015. Additionally, the notice was published on the same day in the Peninsula News; and, WHEREAS, after notices were issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the City Council held a duly noticed public hearing on July 21, 2015, at which time all interested parties were given an opportunity to be heard and present evidence; 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 Council reviewed an Initial Study and certified a Mitigated Negative Declaration under Resolution No. 2015-69, which determined that there is no substantial evidence that the approval of the General Plan Amendment, Zone Change, Height Variation and Grading Permit would result in significant adverse effect on the environment, provided appropriate mitigation measures are imposed on the project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: The project involves a General Plan Land Use amendment from Natural Environment/Hazard to Residential 1 to 2 dwelling units per acre, as set forth in Exhibit "A", which is attached hereto and incorporated by reference. Specifically, the new OH boundary area will follow the top of the slope to the north of the building pad area, so that the areas to the south of the boundary line, including the building pad area will be entirely within the RS-2 zoning district while the areas to the north of the boundary line will remain OH. Section 2: Approval of a General Plan amendment is warranted because the proposal is internally consistent with the General Plan and in the public's interest. More specifically, the proposed relocation of the General Plan land use boundary line would allow only the relatively flat area on the subject property to be entirely outside of the Natural Environment/ Hazard designation and be completely within the Residential land use designation. This would further differentiate only the pad area of the property from the sloping areas, allowing construction to occur over the flat area of the property as opposed to the extreme slope areas. The remaining extreme slope beyond the new buildable area would remain as Natural Environment/Hazard. Further, the surrounding area is a developed residential tract and thus the boundary line relocation would be consistent with the land use designation of the immediate developed neighborhood. Section 3: The time within which the judicial review of the decision reflected in this Resolution, if available, must be sought, is governed by Section 1094.6 of the California Code of Civil Procedure and other applicable short periods of limitation. Section 4: For the foregoing reasons and based on the information and findings included in the Staff Report, the City Council hereby approves the General Plan Land Use Amendment from Natural Environment/Hazard to Residential 1-2 du/ac for a portion of a vacant property located at 10 Chaparral Lane, as shown in the attached Exhibit "A" which is incorporated herein and made a part hereof by this reference. Resolution No. 2015-69 Page 2 of 3 PASSED, APPROVED AND ADOPTED this 21st day of July 2015, Attest: City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss CITY OF RANCHO PALOS VERDES ) I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2015-69 was duly and regularly passed and adopted by the said City Council at a regular meeting held on July 21, 2015. y - r City Clerk Resolution No. 2015-69 Page 3 of 3 „. % *' :s''''.7''''''140R—1C311 OF LOT 21 , , i ' .. 1-, ACT NO. 22945 i voi attfial W ,•.s. ,,• ...,-4,0-,....N; -711174,,,-,,`•\VNN..-1,14&:-., ...---:?----- --:-.-,_ - - , V....,,- '-'',,.'140t1_1, - 4.0 iii-••., '•••• ':,-•Alt.4,-7.9.,;,.‘,.',..,.- *--,;..,..#.;•.•„. , • , oe \' . '• ...:-.::•!::,,,,:::.::::::.:,'.710e,..,4.-- ' ' ,,, 4f......:-.,:,:::::::::::::''.:::'' ' .,1.431,! 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