04 - Resolution No. 2015-__, approving a General Plan AmendmentP.C. RESOLUTION NO. 2015-
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;
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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-_, 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.
it
PASSED, APPROVED AND ADOPTED this 21St day of July 2015, by the following vote:
Mayor
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-_ was duly and regularly passed and adopted by the said
City Council at a regular meeting held on July 21, 2015.
City Clerk
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EXHIBIT
Ngral Environment/
Ha:
Ac -
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