CC SR 20181107 G - Ord. No. 613 Rue Le Charlene AnnexationRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 11/07/2018
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action to adopt Ordinance No. 613 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.
RECOMMENDED COUNCIL ACTION:
(1) Adopt Ordinance No. 613, 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. 613 (page A-1)
The previous Staff Report, meeting minutes and public comments on this topic are
available on the City’s website at
http://rpv.granicus.com/GeneratedAgendaViewer.php?view_id=5&clip_id=3257.
BACKGROUND AND DISCUSSION:
On October 16, 2018, Ordinance No. 613 (Attachment A) was introduced by the City
Council. This Ordinance approves a General Plan Land Use Map and Zoning Map
Amendment establishing the pre-zoning of the properties at 1908, 1910 and 1918 Rue
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Le Charlene in the City of Los Angeles. This evening, Ordinance No. 613 is presented
for its second reading and adoption. This Ordinance will go into effect on December 8,
2018.
With the adoption of the Pre-Zoning Ordinance, the Applicant will now be able to
proceed with submitting the formal annexation application to the Los Angeles County
Local Agency Formation Commission (LAFCO). LAFCO’s process may take up to 6-8
months to complete. During this process, the City of Los Angeles will be formally
contacted to determine their position on the requested annexation.
ALTERNATIVES:
In addition to the Staff’s recommendation, the following alternative action is available for
the City Council’s consideration.
1. Direct Staff to revise Ordinance No. 613 for re-introduction and/or second
reading at a future City Council meeting.
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ORDINANCE NO. 613
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,
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Ordinance No. 613
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 Verdes 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.
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Ordinance No. 613
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,
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Ordinance No. 613
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.
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Ordinance No. 613
Page 5 of 6
PASSED, APPROVED and ADOPTED this 7th day of November 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. 613 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
November 7, 2018, and that the same was passed and adopted by the following roll call
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
City Clerk
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Ordinance No. 613
Page 6 of 6
EXHIBIT A
PROJECT SITE
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