ORD 572 ORDINANCE NO. 572
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING
THE ZONING MAP OF THE CITY OF RANCHO PALOS VERDES FOR A
PORTION OF 10 CHAPARRAL LANE FROM OPEN SPACE HAZARD(OH)TO
SINGLE-FAMILY RESIDENTIAL 2 DWELLING UNITS PER ACRE (RS-2).
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. 2015-68,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 change in the zoning map designation of a portion of a
vacant property from Open Space Hazard (OH) to Single-Family Residential 2 dwelling units per
acre (RS-2), 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: With the appropriate mitigation measures that address impacts upon geology
and soils and hydrology and water quality, as set forth in the Mitigation Monitoring Program, the
proposed project's potential significant impacts will be below a level of significance. Therefore,the
City Council has adopted Resolution No. 2015-68,certifying a Mitigated Negative Declaration for the
project, including the requested zone change.
Section 3: The proposed change in the zoning designation is warranted, since the
proposed Zoning is consistent with the revised General Plan land use designation that is approved
as part of this project. A land use designation of Natural Environment/Hazard identifies areas that
possess extreme physical constraints with very light intensity uses permitted such as agricultural
and recreational activities. A land use designation of Residential allows for major residential
development, generally over areas with less physical constraints. The subject lot consists of
extreme slopes with exception to one generally flat area. Currently, the only generally flat area of
the lot suitable for development has a Natural Environment/Hazard land use and corresponding
Open Space Hazard designation. The change in zoning designation from Open Space Hazard to
Single-Family Residential, allowing residential development on the flat area of the lot as opposed to
the extreme slopes area is consistent with the intent of the Residential land use of the General Plan.
Section 4: The approval of the zone change is in the public interest because it would
allow for residential development to occur over the flat area on the property as opposed to extreme
slope areas.
Section 5: Based upon the facts contained in this Ordinance, in the Staff Report and
other components of the legislative record, in the certified Mitigated Negative Declaration,and in the
public comments received by the Planning Commission and the City Council, the City Council
hereby approves the change in zoning designation for a portion of 10 Chaparral Lane from Open
Space Hazard (OH) to Single-Family Residential 2 dwelling units per acre (RS-2) and the
corresponding amendment to the City's zoning map, which is on file in the Department of
Community Development.
Section 6: The time within which judicial review of the decision reflected in this
Ordinance, 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 7: Severability. If any section, subsection, subdivision, sentence, clause,
phrase, or portion of this ordinance or the application thereof to any person or place, is for any
reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remainder of this ordinance. The City Council
hereby declares that it would have adopted this ordinance, and each and every section,subsection,
subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or
more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be
declared invalid or unconstitutional.
Section 8: The City Clerk shall cause this Ordinance to be posted in three (3) public
places in the City within fifteen (15) days after this passage, in accordance with the provisions of
Ordinance No. 572
Page 2 of 3
Section 36933 of the Government Code. The City Clerk shall further certify to the adoption and
posting of this Ordinance, and shall cause this Ordinance and its certification,together with proof of
posting, to be entered in the Book of Ordinances of the Council of this City.
Section 9: This Ordinance shall go into effect and be in full force and effect at 12:01 AM
on the thirty-first (31St) day after its passage.
PASSED, APPROVED AND ADOPTED this 4th day of Au•ust 2015.
Attest:
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1
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 whole
number of members of the City Council of said City is five; that the foregoing Ordinance No. 572
passed first on July 21, 2015, was duly and regularly adopted by the City Council of said City at a
regular meeting thereof held on August 4, 2015, and that the same was passed and adopted by the
following roll call vote:
AYES: Brooks, Campbell, Misetich and Mayor Knight
NOES: None
ABSENT: Duhovic ,
ABSTAIN: None
City Clerk
Ordinance No. 572
Page 3 of 3
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CITY OF RANCHO PALOS VERDES
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES)
The undersigned, being first duly sworn, deposes and says:
That at all times herein mentioned, she was and now is the appointed City Clerk of
the City of Rancho Palos Verdes;
That on August 5, 2015, she caused to be posted the following document
entitled: ORDINANCE NO. 572, AN ORDINANCE OF THE CITY OF
RANCHO PALOS VERDES AMENDING THE ZONING MAP OF THE
CITY OF RANCHO PALOS VERDES FOR A PORTION OF 10
CHAPARRAL LANE FROM OPEN SPACE HAZARD (OH) TO SINGLE-
FAMILY RESIDENTIAL 2 DWELLING UNITS PER ACRE (RS-2), a copy
of which is attached hereto, in the following locations:
City Hall Ladera Linda Community Center
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct affidavit of
posting.
46C41A&&
City Clerk