CC SR 20150804 E - Ord 572 Zone Change 10 Chaparral LaneCITY OFRAf ICHO PALOS VERDES
MEMORANDUM
TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS
FROM: JOEL ROJAS, C NITY DEVELOPMENT DIRECTOR
DATE: AUGUST 4, 201 M
SUBJECT: ORDINANCE NO. 572, APPROVING A ZONE CHANGE FROM
OPEN SPACE HAZARD TO SINGLE-FAMILY RESIDENTIAL 2
DU/AC FOR A PORTION OF A PROPERTY LOCATED AT 10
CHAPARRAL LANE (CASE NOS. ZON2014-00143)
REVIEWED: DOUG WILLMORE, CITY MANAGER 1/AN)
Project Manager: So Kim, Senior Plannerz9 -
RECOMMENDATION
Adopt 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).
DISCUSSION
On July 21, 2015, the City Council adopted Resolution Nos. 2015-68 (Mitigated Negative
Declaration), 2015-69 (General Plan Amendment), and 2015-70 (Height Variation and
Grading Permit); thereby allowing residential development on a flat portion of 10 Chaparral
Lane (Case Nos. ZON2014-00143). Additionally, the City Council introduced Ordinance
No. 572, approving a zone change for a portion of the said lot from Open Space Hazard
(OH) to Single -Family Residential 2 du/ac (RS -2). The ordinance is now being presented
to the City Council for second reading and final adoption. Once adopted, the effective date
of the ordinance and related entitlements will be September 3, 2015, which is thirty (30)
days from the adoption date.
ATTACHMENTS
• Ordinance No. 572 (page 2)
1
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
2
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
Ordinance No. 572
Page 2
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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 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
12:01AM on the thirty-first (31St) day after its passage.
PASSED, APPROVED AND ADOPTED this 4t" day of August 2015.
Mayor
Attest:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
Ordinance No. 572
Page 3
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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 as a regular meeting thereof held on August 4, 2015, and that the
same was passed and adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk
Ordinance No. 572
Page 4
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