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CC SR 20181016 01 - Rue Le Charlene Annexation PUBLIC HEARING Date: October 16, 2018 Subject: Consideration and possible action to annex 1908, 1910, and 1912 Rue Le Charlene from the City of Los Angeles and to Pre-Zone the General Plan Land Use and Zoning Designations. Subject Property/Location: 1908, 1910, and 1912 Rue Le Charlene 1. Report of Notice Given: City Clerk 2. Declare Public Hearing Open: Mayor Brooks 3. Request for Staff Report: Mayor Brooks 4. Staff Report & Recommendation: Octavio Silva, Senior Planner 5. Council Questions of Staff (factual and without bias): 6. Public Testimony: Principal Parties 10 Minutes Each. The appellant or their representative speaks first and will generally be allowed ten minutes. If the applicant is different from the appellant, the applicant or their representative will speak following the appellant and will also be allowed ten minutes to make a presentation. Applicant: Rajendra Makan (Property Owner 1908 Rue La Charlene) Appellants: None 7. Rebuttal: Mayor Brooks invites brief rebuttals by Applicant. (3 mins) Normally, the applicants and appellants will be limited to a three (3) minute rebuttal, if requested after all other interested persons have spoken. 8. Declare Hearing Closed/or Continue the Public Hearing to a later date: Mayor Brooks 9. Council Deliberation: The Council may ask staff to address questions raised by the testimony, or to clarify matters. Staff and/or Council may also answer questions posed by speakers during their testimony. The Council will then debate and/or make motions on the matter. 10. Council Action: The Council may vote on the item; offer amendments or substitute motions to decide the matter; reopen the hearing for additional testimony; continue the matter to a later date for a decision. RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 10/16/2018 AGENDA REPORT AGENDA HEADING: Public Hearing AGENDA DESCRIPTION: Consideration and possible action to annex 1908, 1910, and 1912 Rue Le Charlene from the City of Los Angeles and to Pre-Zone the General Plan Land Use and Zoning Designations. RECOMMENDED COUNCIL ACTION: (1) Introduce Ordinance No. __, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING A GENERAL PLAN LAND USE MAP AND ZONING MAP AMENDMENT THEREBY PRE- ZONING 1908, 1910, AND 1918 RUE LE CHARLENE AS SINGLE-FAMILY RESIDENTIAL (RS-2) AT 1-2 DWELLING UNITS PER ACRE, RESPECTIVELY (CASE NO. PLGP2018-0001). FISCAL IMPACT: The Applicant will be required to cover all City costs associated with the City’s annexation process, including attorneys’ fees. Costs associated with providing City services to these three properties will be assessed as part of the annexation process. Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Octavio Silva, Senior Planner REVIEWED BY: Ara Mihranian, AICP, Director of Community Development APPROVED BY: Doug Willmore, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Ordinance No. ___ (page A-1) B. City Council Staff Report dated June 6, 2017 (page B-1) C. P.C. Resolution No. 2018-24 (page C-1) D. Aerial photo of the subject Rue Le Charlene properties (page D-1) BACKGROUND AND DISCUSSION: On June 6, 2017, the City Council received a report (Attachment B) regarding the procedure to annex three residential properties from the City of Los Angeles (1908, 1910, and 1912 Rue Le Charlene) and directed Staff to move forward with the annexation request. 1 On February 20, 2018, Rajendra Makan (“Applicant”), the property owner of 1908 Rue Le Charlene, submitted General Plan Land Use Map and Zoning Map Amendment Initiation Requests to the Planning Division in order to consider the proposed annexation and pre-zoning of the three Rue Le Charlene properties. On April 17, 2018, the City Council considered the Initiation Request and initiated amendment proceedings to the City General Plan Land Use and Zoning maps. This first step allowed the Applicant to proceed with the formal review process to annex and establish General Plan Land Use and Zoning Map designations for the project sites. On June 25, 2018, the Applicant submitted formal applications for the request, which were considered by the Planning Commission at its meeting on September 11, 2018. At this meeting, the Planning Commission adopted P.C. Resolution No. 2018-24 (Attachment C), recommending to the City Council that an ordinance be adopted approving a General Plan Land Use Map and Zoning Map Amendments to pre-zone the three properties on Rue Le Charlene as Single-Family Residential (RS-2) at 1-2 Dwelling Units per Acre. On September 27, 2018, a public notice announcing the City Council’s consideration of the requested amendments was sent to property owners within 500’ of the project sites and to the City of Los Angeles, as well as published in the Peninsula News. As of the date of agenda posting, Staff has not received any public correspondence in response to the public notice. Proposed Project A proposed zone change is governed by Chapter 17.68 of the City’s Municipal Code. Pursuant to Municipal Code §17.68.040(D), upon a positive recommendation by the Planning Commission of the requested zone change, the City Council is then required to hold a public hearing regarding the same. Since the Planning Commission adopted Resolution No. 2018-24 making a positive recommendation to the City Council regarding the requested applications, the proposed project is now being presented to the City Council for its consideration. The proposed project involves the annexation of 1908, 1910, and 1912 Rue Le Charlene from the City of Los Angeles (Attachment D) and pre-establishing the City’s General Plan Land Use and Zoning Map designations for these properties. The Applicant’s annexation request is to resolve the inconsistent provision of services from the City of Los Angeles related to waste pickup, law enforcement, and emergency services due to the “landlocked” condition of these properties, which are accessed solely from streets in Rancho Palos Verdes. Collectively, the three properties measure approximately 51,408ft2 in area and are improved with single-family residences and associated site improvements. The properties currently have City of Los Angeles’ Zoning and General Plan Land Use designations of One-Family Zone (R1-1XL) and Low Residential, respectively. 2 Surrounding land-uses include residential to the north and west and open space to the south and east. The adjacent residential neighborhood in the City of Rancho Palos Verdes is zoned Single-Family Residential (RS-2) and has a General Plan Land Use designation of Residential 1-2 dwelling units per acre (du/ac). A summary of the property statistics is provided in Table 1 below: Table 1: Property Statistics: CRITERIA 1908 RUE LE CHARLENE 1910 RUE LE CHARLENE 1912 RUE LE CHARLENE Accessor Parcel Number 7560-026-044 7560-026-043 7560-026-030 Lot Size 20,900ft2 18,761ft2 11,747ft2 Structure Size* 5,101ft2 2,273ft2 2,273ft2 Structure Height Split-Story Split-Story Split-Story Setbacks Front: 49.6’ 54.3’ 54.5’ Side (east) 34.6’ 24.3’ 4.7’ Side (west) 26.5’ 6.2’ 9.2’ Rear 93’ 65’ 75’ Enclosed Parking 2 spaces 2 spaces 2 spaces *Note: The above calculations for structure size are based on information on file with the City of Los Angeles and which can be retrieved by visiting the following website: http://zimas.lacity.org/ A request to be annexed into Rancho Palos Verdes and concurrently de-annexed from Los Angeles is a process that starts with Rancho Palos Verdes, but would require the approval and cooperation of several governmental agencies, including the City of Los Angeles and the Los Angeles County Local Agency Formation Commission (LAFCO). LAFCO is the agency that has the final authority to approve re-organizations of territory (i.e., annexation/de-annexation). As a part of the LAFCO application process, the City Council must also adopt a “Pre-zoning Ordinance,” stating the intended zoning of the property to be annexed. In this case, the three properties to be annexed would be zoned Single-Family Residential (RS-2) with a General Plan land use designation of Residential 1-2 dwelling units/acre to match the adjacent Rancho Palos Verdes neighborhood. Based upon aerial imagery and field observations, the improvements on the three properties appear to be generally consistent with surrounding land uses, density requirements, and development regulations in Rancho Palos Verdes. In addition, the 3 properties currently have a City of Los Angeles General Plan designation of Low- Residential, which is compatible with the General Plan designation and density of the adjacent neighborhood in Rancho Palos Verdes. Lastly, based on a review of property surveys, the properties are consistent with development regulations in the City’s RS-2 zoning district relative to lot coverage, open space, and setbacks. Therefore, Staff believes that the requested General Plan Land Use Map and Zone Map Amendments can be supported. With the approval of the Pre-Zoning Ordinance, the Applicant will be able to proceed with the formal annexation application submittal to LAFCO. LAFCO’s process may take up to 6-8 months to complete. It should be noted that in the event that the City Council does not approve the requested applications, the property owners may still petition LAFCO to compel the cities of Rancho Palos Verdes and Los Angeles to engage in the process of annexation and de-annexation. ADDITIONAL INFORMATION: City of Los Angeles The properties are located within the 15th City Council District in Los Angeles, where Joe Buscaino is the current City Councilmember. As part of the public notice process, Staff has repeatedly mailed notices to Councilmember Buscaino’s 15th District and City Hall offices to inform him of this annexation request. As of the date of agenda publication, Staff has received no response from Councilmember Buscaino’s office to any of these notices. However, Staff will continue to provide the required notifications to Councilmember Buscaino’s office as this process moves forward. Environmental Assessment Staff has determined that the proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA), under Article 19, Section 15319(b) (Annexations of Existing Facilities and Lots for Exempt Facilities) of the California Guidelines for Implementation of the CEQA. The project proposes the annexation of three small parcels of the minimum size for facilities exempted by Section 15303 (New Construction or Conversion of Small Structures). Specifically, each lot is improved with one single-family residence within an urbanized area and a residential zoning district. As such, this project has been determined to be categorically exempt. ALTERNATIVES: In addition to the Staff recommendation, the following alternative actions are available for the City Council’s consideration: 1. Identify any issues of concern with the proposed project, provide Staff and/or the Applicant with direction in modifying the project, and continue the public hearing to a date certain. 4 2. Direct Staff to come back at the next meeting with a resolution rejecting the proposed General Plan Land Use Map and Zone Map Amendments request. 5 ORDINANCE NO. ___ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING A GENERAL PLAN LAND USE MAP AND ZONING MAP AMENDMENT THEREBY PRE-ZONING 1908, 1910, AND 1912 RUE LE CHARLENE AS SINGLE-FAMILY RESIDENTIAL (RS-2) AT 1-2 DWELLING UNITS PER ACRE, RESPECTIVELY (CASE NO. PLGP2018-0001). WHEREAS, pursuant to Section 17.68.030(C) of the Rancho Palos Verdes Municipal Code, any person having an interest in land may file an application with the City Council for a change of zone and/or amendment to this title upon submission to the Director of an initiation application and payment of a filing fee; and, WHEREAS, on February 20, 2018, General Plan Amendment and Zone Change Initiation Requests were submitted to the Planning Division requesting to annex three residential within the City of Los Angeles (1908, 1910, and 1912 Rue le Charlene) and pre-establish the General Plan Land Use and Zoning designations; and, WHEREAS, on April 17, 2018, the City Council considered the request and provided a strong inclination on the proposed annexation. This first step allowed the Applicant to proceed with the formal review process to annex and establish General Plan Land Use and Zoning designations for the subject properties; and, WHEREAS, on June 25, 2018, the Applicant submitted formal applications for said request. After reviewing the submitted information, Staff deemed the application incomplete on July 10, 2017. Subsequently, the Applicant submitted several revisions and the application was deemed complete for processing on August 18, 2018; and, WHEREAS, the Local Agency Formation Commission (LAFCO) requires the adoption of a Pre-Zoning Ordinance to process and consider an application for detachment and annexation; 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 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, it has been determined that the proposed project is exempt from CEQA, pursuant to Article 19, Section 15319(b) (Annexations of Existing Facilities and Lots for Exempt Facilities) of the California Guidelines for Implementation of the CEQA. The project proposes the annexation of three small parcels of the minimum size for facilities exempted by Section 15303 (New Construction or Conversion of Small Structures). Specifically, each lot is improved with one single-family residence within an urbanized area and a residential zoning district; and, A-1 Ordinance No. ___ Page 2 of 6 WHEREAS, pursuant to Section 17.68.040(B) of the Rancho Palos Verdes Municipal Code, the Planning Commission must hold a public hearing to consider the proposed Zone Change application and forward its recommendation to the City Council within forty days of the Planning Commission’s Decision; and, WHEREAS, on September 11, 2018, the Planning Commission held a duly-noticed public hearing, and adopted P.C. Resolution No. 2018-24, recommending that the City Council adopt this Ordinance; and, WHEREAS, on September 27, 2018, a Public Notice was published in the Peninsula News, providing a notice of a public hearing before the City Council on October 16, 2018; and, WHEREAS, on October 16, 2018, the City Council conducted a duly-noticed public hearing, considered testimony and materials in the staff report and accompanying documents, which were made a part of the public record; and, WHEREAS, all legal prerequisites to the adoption of the Ordinance have been met. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS: Section 1. The above recitals are true and correct and are incorporated into this Ordinance as though set forth herein. Section 2: The City Council makes the following findings of fact: A. The Project Site consists of three separate properties located at 1908, 1910, and 1912 Rue Le Charlene (Project Site) attached hereto as Exhibit A, which collectively total 51,408sf2 in area. B. The Project Site is located adjacent to the south-eastern boundary line of the City of Rancho Palos adjacent to the City of Los Angeles. C. The purpose of the proposed project is to pre-establish the General Plan Land Use and Zoning designations for the Project Site as Residential 1-2 du/ac and Single- Family Residential 2 du/ac, respectively. D. The proposed project has been determined to be consistent with the City's General Plan Land Use and Zoning districts. E. The Project Site is not associated with any proposed, or reasonably foreseeable development project. The Project Site is improved with single-family residential development and associated ancillary improvements. A-2 Ordinance No. ___ Page 3 of 6 F. The Project Site will not accommodate a future or reasonably foreseeable development project that consists of a different use, a more intense use, or denser use that those already entitled or already permitted to occur in the land use designations and zoning at the site and for which environmental review has already occurred. G. The proposed project will not give the City the legal authority to alter in any way lawfully approved entitlements that exist at the project site. H. Such pre-zoning would become effective upon annexation, and designated upon the Zoning Map incorporated within Chapter 17.88 of the Title 17 of the Rancho Palos Verdes Municipal Code. I. The Planning Commission held a duly-noticed public hearing on this issue on September 11, 2018. This public hearing was held at the Hesse Park Community Building located at 29301 Hawthorne Boulevard, Rancho Palos Verdes, CA 90275. At the hearing, the Planning Commission considered Staff’s presentation, the staff report, public testimony on the proposal and the associated CEQA determination. J. Public participation and notification requirements pursuant to Sections 65090, 65391 and 65854 of the Government Code of the State of California were duly followed. Section 3: Based upon the foregoing, the City Council of the City of Rancho Palos Verdes makes the following findings regarding the pre-zoning of the subject parcels: A. The proposed General Plan and Zoning designations of Residential 1-2 du/ac and Single-Family Residential 2 du/ac, respectively, are consistent with adjacent land uses and types of development. B. Public necessity, convenience, general welfare and good planning practice justify the General Plan and Zoning classification proposal because the existing development on the Project Site is consistent with the surrounding development and consistent with applicable development standards. Any future development or improvement will be subject to the same entitlement procedures as adjacent RPV properties, including but not limited to, geotechnical review and structural plan review. Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the fact that any one or more sections, subsections, A-3 Ordinance No. ___ Page 4 of 6 subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. Section 5. The time within which judicial review of the decision reflected in this Ordinance must be sought is governed by Section 1094.6 of the California Code of Civil Procedure and other applicable short periods of limitation. Section 6. Certification and Posting. The City Clerk shall cause this Ordinance to be posted in three (3) public places in the City within fifteen (15) days after its 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 7. This Ordinance shall go into effect at 12:01 AM on the 31st day after its passage. A-4 Ordinance No. ___ Page 5 of 6 PASSED, APPROVED and ADOPTED this 16th day of October 2018. _________________________________ Mayor ATTEST: ____________________________ City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss CITY OF RANCHO PALOS VERDES ) I, EMILY COLBORN, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. ___ passed first reading on October 16, 2018, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on __________, 2018, and that the same was passed and adopted by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: __________________________________ City Clerk A-5 Ordinance No. ___ Page 6 of 6 EXHIBIT A PROJECT SITE A-6 RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 06/06/2017 AGENDA REPORT AGENDA HEADING: Regular Business AGENDA DESCRIPTION: Consideration and possible action regarding the possible annexation of three (3) properties on Rue Le Charlene in San Pedro. RECOMMENDED COUNCIL ACTION: (1) Receive the Staff report regarding procedure to annex three (3) properties from San Pedro; and, (2) Provide direction to Staff and the applicants, as appropriate. FISCAL IMPACT: The applicants have expressed willingness to cover all costs associated with the City’s annexation of their properties. If annexed, the City’s additional costs to provide services to these properties is expected to be negligible. Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Kit Fox, AICP, Senior Administrative Analyst REVIEWED BY: Gabriella Yap, Deputy City Manager APPROVED BY: Doug Willmore, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Aerial photo of Rue Le Charlene properties (page A-1) BACKGROUND AND DISCUSSION: There are three (3) properties on Rue Le Charlene that are located in San Pedro (i.e., City of Los Angeles). They are accessible only through the adjacent Rancho Palos Verdes neighborhood via Chandeleur Drive and Rue Le Charlene (Attachment A). Two (2) of the homes—1912 and 1910 Rue Le Charlene—were constructed in 1970, prior to the City’s incorporation, while the third home—1908 Rue Le Charlene—was constructed in 2001. All three (3) homes currently receive mail addressed to “Rancho Palos Verdes, CA 90275-6372.” In addition, the homes all receive the water service from California Water Service Company that is provided to residents in the adjacent Rancho Palos Verdes neighborhood. Over the years, Staff and members of the City Council have occasionally received inquiries from the owners of these properties about being annexed into Rancho Palos B-1 Verdes. Most recently, Council Member Misetich asked for this matter to be agendized for the City Council’s discussion at a future meeting on May 16, 2017. A request to be annexed into the City of Rancho Palos Verdes—and concurrently de- annexed from the City of Los Angeles—is a process that would start with our City Council, but would ultimately require the approval and cooperation of several governmental agencies, including the City of Los Angeles and the Los Angeles County Local Agency Formation Commission (LAFCO). LAFCO is the agency that has the final authority to approve so-called “reorganizations of territory” (i.e., annexation/de- annexation). Staff understands that the owners of all three (3) Rue Le Charlene properties are interested in pursuing annexation and are willing to pay the cost of processing the request. The request to start this process with Rancho Palos Verdes would take the form of a request to initiate a General Plan Amendment and Zone Change (GPA/ZC) to “pre-zone” the properties to be consistent with the abutting portion of the City. The GPA/ZC process would require public hearings before both the Planning Commission and the City Council, and would be subject to the provisions of the California Environmental Quality Act (CEQA). Once completed, the City Council would also be asked to adopt a resolution of initiate LAFCO proceedings, which would be submitted to LAFCO along with the “pre-zoning” ordinance, LAFCO application form and other materials. The City GPA/ZC process could take six (6) months to a year to complete. The LAFCO review process involves a detailed analysis of the transfer of territory from one city to another, including the effects of the transfer upon property tax revenues, the provision of public services (i.e., police, fire, schools, etc.) and other issues. As a part of the LAFCO process, the city councils of both cities would be asked to adopt resolutions dealing with the transfer of property tax revenue and other fiscal issues. Reluctance and/or refusal of either city to “cooperate” in the process may lead to delays or denial. Based upon the City’s past experience with reorganizations of territory, the LAFCO review process could take a year to complete. Additional issues to be considered by the City Council and the potential applicants in this matter include the following: • There is little or no financial benefit to the City in annexing these properties. The cost of providing municipal services to single-family homes is typically more than the small fraction of the annual property tax revenue that the City receives. However, this is not to say that the proposal does not make sense, especially since the properties are “land-locked” from the rest of San Pedro and the owners have to travel through Rancho Palos Verdes to access their properties. Also, since the City is already serving the existing adjacent neighborhood, the City’s additional cost to provide services to these three (3) properties should be minimal. B-2 • The City of Los Angeles’ openness to this proposal is currently unknown. After the Eastview area was annexed, the City approached the 15th District Los Angeles City Council office about the correction of a minor boundary adjustment along Western Avenue that placed a sliver of Los Angeles territory on the “wrong” (i.e., west) side of the street. At the time, the City of Los Angeles was unwilling to agree to a reorganization of territory to adjust this boundary. There may be similar resistance or opposition to this proposal. • If these properties are annexed into the City, they will become subject to our Zoning Code, Building Code and other regulations. If the existing properties do not comply with City codes, they will be deemed nonconforming, which may place limitations upon the ability to expand or improve them in the future. They will also become subject to all other City regulations addressing the use and development of property, such as the View Restoration and Preservation Ordinance and the ban on short-term rentals. • The reorganization of territory may also affect the provision of municipal services to these properties, including (but not be limited to) police, fire, waste disposal, animal control and other functions. The cost of these services to the property owners might change. • Another important consideration is the school district that would serve the annexed properties. There is no guarantee that the Palos Verdes Peninsula Unified School District (PVPUSD) would agree to allow students in these homes to attend PVPUSD schools since they would remain outside the District boundary. CONCLUSION: Given that these properties are effectively “land-locked” from the rest of San Pedro and the residents already benefit from City infrastructure and services for access to their homes, Staff believes that annexation of these properties is worth pursuing by the City. However, in the event that the City Council does not currently support annexation, the property owners may still petition LAFCO to compel the cities of Rancho Palos Verdes and Los Angeles to engage in this process. ALTERNATIVES: In addition to the Staff recommendations, the following alternative action is available for the City Council’s consideration: 1. Do not consent to the annexation of these properties from San Pedro. As mentioned above, this will not preclude the property owners from petitioning LAFCO directly. B-3 Rue Le Charlene Properties in San Pedro City Boundary: Subject Properties: Rancho Palos Verdes San Pedro B-4 P.C. RESOLUTION NO. 2018-24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES RECOMMENDING TO THE CITY COUNCIL THAT AN ORDINANCE BE ADOPTED APPROVING A GENERAL PLAN LAND USE MAP AND ZONING MAP AMENDMENT THEREBY PRE-ZONING 1908, 1910 AND 1912 RUE LE CHARLENE AS, SINGLE-FAMILY RESIDENTIAL RS-2) AT 1-2 DWELLING UNITS PER ACRE (CASE NO. PLGP2018-0001). WHEREAS, on February 20, 2018, General Plan Land Use Amendment and Zone Map Amendment Initiation Requests were submitted to the Planning Division requesting to annex three residential within the City of Los Angeles (1908, 1910, and 1912 Rue le Charlene) and pre-establish the General Plan Land Use and Zoning Map designations; and WHEREAS, on April 17, 2018, the City Council considered the request and provided a strong inclination to support the proposed annexation. This first step allowed the Applicant to proceed with the formal review process to annex and establish General Plan Land Use and Zoning designations for the subject properties; and WHEREAS, on June 25, 2018, the Applicant submitted formal applications for said request. After reviewing the submitted information, Staff deemed the application incomplete on July 10, 2017. Subsequently, the Applicant submitted several revisions and the application was deemed complete for processing on August 18, 2018; and WHEREAS, the Local Agency Formation Commission (LAFCO) requires the adoption of a Pre-Zoning Ordinance to process and consider an application for detachment and annexation; 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 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, it has been determined that the proposed project is exempt from CEQA, pursuant to Article 19, Section 15319(b) (Annexations of Existing Facilities and Lots for Exempt Facilities) of the California Guidelines for Implementation of the CEQA. The project proposes the annexation of three residential parcels of the minimum size for facilities exempted by Section 15303 (New Construction or Conversion of Small Structures). Specifically, each lot is improved with one single-family residence within an urbanized area and a residential zoning district; and WHEREAS, on August 23, 2018, a public notice announcing the public hearing was sent to property owners within a 500' radius of the subject site and published in the Peninsula News. City Staff received no written public correspondence in response to the public notice; and C-1 WHEREAS, on September 11, 2018, the Planning Commission held a duly-noticed public hearing, at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: The Planning Commission does hereby find the following for the proposed annexation: A. The project site consists of three separate properties located at 1908, 1910 and 1912 Rue Le Charlene (Project Site) attached hereto as Exhibit A, which collectively total 51,408sf2 in area. B. The Project Site is located adjacent to the south-eastern boundary line of the City of Rancho Palos adjacent to the City of Los Angeles. C. The purpose of the proposed project is to pre-zone the City's General Plan Land Use and Zoning Map designations for the Project Site as Residential 1-2 du/ac and Single-Family Residential 2 du/ac, respectively. D. The proposed project has been reviewed for consistency with the City's General Plan Land Use and Zoning districts, as well the City's RS-2 residential development standards. E. The Project Site is not associated with any proposed, or reasonably foreseeable development project. The Project Site is improved with single- family residential development and associated ancillary improvements. F. The Project Site will not accommodate a future or reasonably foreseeable development project that consists of a different use, a more intense use, or denser use that those already entitled or already permitted to occur in the land use designations and zoning at the site and for which environmental review has already occurred. G. The proposed project will not give the City the legal authority to alter in any way lawfully approved entitlements that exist at the project site. H. Such pre-zoning would become effective upon annexation, and designated upon the Zoning Map incorporated within Chapter 17.88 of the Title 17 of the Rancho Palos Verdes Municipal Code. I. The Planning Commission held a duly-noticed public hearing on this issue on September 11, 2018. This public hearing was held at the Hesse Park Community Building located at 29301 Hawthorne Boulevard, Rancho Palos Verdes, CA 90275. At the hearing, the Planning Commission considered P.C. Resolution No. 2018-24 Page 2 of 11C-2 Staff's presentation, the staff report, public testimony on the proposal and the associated CEQA determination. J. Public participation and notification requirements pursuant to Sections 65090, 65391 and 65854 of the Government Code of the State of California were duly followed. Section 2: Based upon the foregoing, the Planning Commission of the City of Rancho Palos Verdes makes the following findings regarding the pre-zoning of the subject parcels: A. The proposed General Plan and Zoning designations of Residential 1-2 du/ac and Single-Family Residential 2 du/ac, respectively, exist within the City of Rancho Palos Verdes and are consistent with adjacent land uses and types of development. B. Public necessity, convenience, general welfare and good planning practice justify the General Plan and Zoning classification proposal because the existing development on the Project Site is consistent with the surrounding development and consistent with applicable development standards. Any future development or improvement will be subject to the same entitlement procedures as adjacent RPV properties, including but not limited to, geotechnical review and structural plan review. Section 3: For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes and other records of proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby recommends to the City Council that an Ordinance be adopted entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING A GENERAL PLAN LAND USE MAP AND ZONING MAP AMENDMENT THEREBY PRE-ZONING 1908, 1910 AND 1912 RUE LE CHARLENE AS SINGLE-FAMILY RESIDENTIAL (RS-2) AT 1-2 DWELLING UNITS PER ACRE, RESPECTIVELY (CASE NO. PLGP2018-0001), in the form attached to this Resolution as Exhibit B. P.C. Resolution No. 2018-24 Page 3 of 11C-3 PASSED, APPROVED and ADOPTED this 11th day of September 2018, by the following vote: AYES: COMMISSIONERS LEON, NELSON, PERESTAM, AND CHAIRMAN JAMES NOES: NONE ABSTENTIONS: NONE RECUSALS: NONE ABSENT: COMMISSIONER SAADATNEJADI AND VICE-CHAIRMAN BRADLEY 7/4.9a....4. William J. J es, Chairman Y.—) Ara Mihranian, 4 ' Director of Community Development Secretary to the Planning Commission P.C. Resolution No. 2018-24 Page 4 of 11C-4 EXHIBIT A PROJECT SITE C D H f'1 C\ tid1S :` sl, N - C o _ o r <ty! O N c a-Co GP m -'\ p, ,c\ c, t 1 I c". 1 ra.?. 0 9:,ro J VA m CITY OF RANCHO PALOS VERDES__ NO_' 16' 23"E _ __ N CITY OF LOS ANGELES ! 169.00' i as O i N 10 2-, 7-2,JICo,Z m m IS i\ o m 0 L-__ NO' 16' 23"E r‘t192.47' 13 D 71 m foo D m o i C- 070 o -1 N z r Io v 33 t N a ri = C C 4o` C i2rnmLXIDIZt O 70 m rn I om z m Ea'M a 1-- -- NO' 16' 23"E - -- - 224.94' I-,w t m t o =o 18 e D D 1. Q,.. me 1 z m bN A m m AOS` S j'41 Ps' to.30"w- _` ,7 to D r ri i li 0O I„, P.C. Resolution No. 2018-24 Page 5 of 11C-5 EXHIBIT `B' DRAFT ORDINANCE NO. ATTACHED) P.C. Resolution No. 2018-24 Page 6 of 11C-6 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING A GENERAL PLAN LAND USE MAP AND ZONING MAP AMENDMENT THEREBY PRE-ZONING 1908, 1910 AND 1912 RUE LE CHARLENE AS SINGLE-FAMILY RESIDENTIAL (RS-2) AT 1-2 DWELLING UNITS PER ACRE, RESPECTIVELY (CASE NO. PLGP2018-0001), WHEREAS, pursuant to Section 17.68.030(C) of the Rancho Palos Verdes Municipal Code, any person having an interest in land may file an application with the City Council for a change of zone and/or amendment to this title upon submission to the Director of an initiation application and payment of a filing fee; and WHEREAS, on February 20, 2018, General Plan Amendment and Zone Change Initiation Requests were submitted to the Planning Division requesting to annex three residential within the City of Los Angeles (1908, 1910, and 1912 Rue le Charlene) and pre-establish the General Plan Land Use and Zoning designations; and WHEREAS, on April 17, 2018, the City Council considered the request and provided a strong inclination on the proposed annexation. This first step allowed the Applicant to proceed with the formal review process to annex and establish General Plan Land Use and Zoning designations for the subject properties; and WHEREAS, on June 25, 2018, the Applicant submitted formal applications for said request. After reviewing the submitted information, Staff deemed the application incomplete on July 10, 2017. Subsequently, the Applicant submitted several revisions and the application was deemed complete for processing on August 18, 2018; and WHEREAS, the Local Agency Formation Commission (LAFCO) requires the adoption of a Pre-Zoning Ordinance to process and consider an application for detachment and annexation; 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 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, it has been determined that the proposed project is exempt from CEQA, pursuant to Article 19, Section 15319(b) (Annexations of Existing Facilities and Lots for Exempt Facilities) of the California Guidelines for Implementation of the CEQA. The project proposes the annexation of three small parcels of the minimum size for facilities exempted by Section 15303 (New Construction or Conversion of Small Structures). Specifically, each lot is improved with one single-family residence within an urbanized area and a residential zoning district; and P.C. Resolution No. 2018-24 Page 7 of 11C-7 WHEREAS, pursuant to Section 17.68.040(B) of the Rancho Palos Verdes Municipal Code, the Planning Commission shall hold a public hearing to consider the proposed Zone Change application and forward its recommendation to the City Council within forty days of the Planning Commission's Decision; and WHEREAS, on September 11, 2018, the Planning Commission held a duly-noticed public hearing, and adopted P.C. Resolution No. 2018- , recommending that the City Council adopt this Ordinance; WHEREAS, on a Public Notice was published in the Peninsula News, providing a notice of a public hearing before the City Council on WHEREAS, on the City Council conducted a duly noticed public hearing on this Ordinance, and all testimony was received was made a part of the public record; and WHEREAS, the City Council has duly considered all information presented to it, including the Planning Commission findings, P.C. Resolution No. 2018- , written staff reports, and any testimony provided at the public hearing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS: Section 1: The City Council does hereby make the following findings of fact: A. The project site consists of three separate properties located at 1908, 1910 and 1912 Rue Le Charlene (Project Site) attached hereto as Exhibit A, which collectively total 51,408sf2 in area. B. The Project Site is located adjacent to the south-eastern boundary line of the City of Rancho Palos adjacent to the City of Los Angeles. C. The purpose of the proposed project is to pre-establish the General Plan Land Use and Zoning designations for the Project Site as Residential 1-2 du/ac and Single-Family Residential 2 du/ac, respectively. D. The proposed project has been reviewed for consistency with the City's General Plan Land Use and Zoning districts. E. The Project Site is not associated with any proposed, or reasonably foreseeable development project. The Project Site is improved with single- family residential development and associated ancillary improvements. F. The Project Site will not accommodate a future or reasonably foreseeable development project that consists of a different use, a more intense use, or denser use that those already entitled or already permitted to occur in the P.C. Resolution No. 2018-24 Page 8 of 11C-8 land use designations and zoning at the site and for which environmental review has already occurred. G. The proposed project will not give the City the legal authority to alter in any way lawfully approved entitlements that exist at the project site. H. Such pre-zoning would become effective upon annexation, and designated upon the Zoning Map incorporated within Chapter 17.88 of the Title 17 of the Rancho Palos Verdes Municipal Code. I. The Planning Commission held a duly-noticed public hearing on this issue on September 11, 2018. This public hearing was held at the Hesse Park Community Building located at 29301 Hawthorne Boulevard, Rancho Palos Verdes, CA 90275. At the hearing, the Planning Commission considered Staff's presentation, the staff report, public testimony on the proposal and the associated CEQA determination. J. Public participation and notification requirements pursuant to Sections 65090, 65391 and 65854 of the Government Code of the State of California were duly followed. Section 2: Based upon the foregoing facts and findings, the City Council of the City of Rancho Palos Verdes makes the following findings regarding the pre-zoning of the subject parcels: A. The proposed General Plan and Zoning designations of Residential 1-2 du/ac and Single-Family Residential 2 du/ac, respectively, exist within the City of Rancho Palos Verdes and are consistent with adjacent land uses and types of development. B. Public necessity, convenience, general welfare and good planning practice justify the General Plan and Zoning classification proposal because the existing development on the Project Site is consistent with the surrounding development and consistent with applicable development standards. Any future development or improvement will be subject to the same entitlement procedures as adjacent RPV properties, including but not limited to, geotechnical review and structural plan review. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the fact that any one or more sections, subsections, P.C. Resolution No. 2018-24 Page 9 of 11C-9 subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. Section 4. Certification and Posting. The City Clerk shall cause this Ordinance to be posted in three (3) public places in the City within fifteen (15) days after its 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. PASSED, APPROVED and ADOPTED this TH day of 2018. Susan Brooks, Mayor ATTEST: Emily Colborn, City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss CITY OF RANCHO PALOS VERDES ) I, EMILY COLBORN, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No.passed first reading on 2018, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on 2018, and that the same was passed and adopted by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Emily Colborn, City Clerk P.C. Resolution No. 2018-24 Page 10 of 11C-10 EXHIBIT A PROJECT SITE I O I m a. N des , 7 s NI 5. lN ii '\----- ,. y -9., N 3,t t ir— cr; Jr') O X42 01 s;ty11 I I 1 ci 1GOA` i1 oN Z 0'____\ m CITY OF RANCHO PALOS VERDES NO' 16' 23'E CITY OF LOS ANGELES i 169.00' - - c+ o= N to N M 10 pA Z m m W` Z S L__-- NO' 16' 23"E T\ 192.47'm C N cin 17 0 s73 l''ri o = c0 -S O D t o 4.P m C7 N F r c F.\N co o S cr z m 4 D C7 m o z co 1_____--_- - -- -- --NO" 16' 23"E 224.94' P\ w. V O np' i N Is. coZ Zm i m r- Cdt‘41.19 Al sf3 l6. V 7/ P.C. Resolution No. 2018-24 Page 11 of 11C-11 Rue Le Charlene Properties in San Pedro City Boundary: Subject Properties: Rancho Palos Verdes San Pedro D-1