DECEMBER 6, 2005 ORDINANCE NO. 428, A ZONE CHANGE TO THE UPPER PORTION OF SAN RAMON CANYON (30648, 30650, 30652, 30658, 30676, 30678, 30680, 30682 Palos Verdes Drive East; and 2803, 2809, 2817, 2823, 2829, 2837, 2845 San Ramon Drive), FROM OH TO RS-2. DECEMBER 6, 2005 ORDINANCE NO. 428, A ZONE CHANGE TO THE UPPER PORTION OF SAN RAMON CANYON (30648, 30650, 30652, 30658, 30676, 30678, 30680, 30682 Palos Verdes Drive East; and 2803, 2809, 2817, 2823, 2829, 2837, 2845 San Ramon Drive), FROM OH TO RS-2. DECEMBER 6, 2005 ORDINANCE NO. 428, A ZONE CHANGE TO THE UPPER PORTION OF SAN RAMON CANYON (30648, 30650, 30652, 30658, 30676, 30678, 30680, 30682 Palos Verdes Drive East; and 2803, 2809, 2817, 2823, 2829, 2837, 2845 San Ramon Drive), FROM OH TO RS-2.



TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: DIRECTOR OF PLANNING, BUILDING AND CODE ENFORCEMENT

DATE: DECEMBER 6, 2005

SUBJECT: ORDINANCE NO. 428, A ZONE CHANGE TO THE UPPER PORTION OF SAN RAMON CANYON (30648, 30650, 30652, 30658, 30676, 30678, 30680, 30682 Palos Verdes Drive East; and 2803, 2809, 2817, 2823, 2829, 2837, 2845 San Ramon Drive), FROM OH TO RS-2.

Staff Coordinator: Eduardo Schonborn, AICP, Associate Planner

RECOMMENDATION

Adopt Ordinance No. 428, a zone change for the upper San Ramon Canyon area (the portion of the 15 properties located between the head of the San Ramon Canyon and Palos Verdes Drive East, addressed as 30648, 30650, 30652, 30658, 30676, 30678, 30680, 30682 Palos Verdes Drive East, and 2803, 2809, 2817, 2823, 2829, 2837, 2845 San Ramon Drive, from Open Space Hazard (OH) to Single-Family Residential (RS-2).

BACKGROUND

On November 15, 2005, the City Council introduced Ordinance No. 428, approving a zone change to the upper San Ramon Canyon, from OH (Open Space Hazard) to RS-2 (Single-Family Residential). The City Council approved the zone change and conducted the first reading of Ordinance No. 428 at the November 15th meeting.

If the second reading of Ordinance No. 428 is adopted by the City Council at its December 6th meeting, the effective date of the Ordinance will be January 5, 2006, which is thirty (30) days from the adoption date.

CONCLUSION

Staff recommends that the City Council adopt Ordinance No. 428 to enact the change in zoning for the upper San Ramon Canyon area, as described and illustrated in the Ordinance.

Respectfully submitted:

Joel Rojas, AICP,
Director of Planning, Building and Code Enforcement

Reviewed:

Les Evans
City Manager

ORDINANCE NO. 428

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING A ZONE CHANGE (CASE NO. ZON2003-00520) FOR THE UPPER SAN RAMON CANYON AREA (THE PORTION OF THE 15 PROPERTIES LOCATED BETWEEN THE HEAD OF THE SAN RAMON CANYON AND PALOS VERDES DRIVE EAST, ADDRESSED AS 30648, 30650, 30652, 30658, 30676, 30678, 30680, 30682 PALOS VERDES DRIVE EAST, AND 2803, 2809, 2817, 2823, 2829, 2837, 2845 SAN RAMON DRIVE), FROM OPEN SPACE HAZARD (OH) TO SINGLE-FAMILY RESIDENTIAL (RS-2).

WHEREAS, on June 26, 1975, the City Council adopted Resolution No. 75-43, thereby adopting the General Plan of the City of Ranch Palos Verdes. With the adoption of the General Plan, a land use designation of Natural Environment/Hazard was applied to the entire San Ramon Canyon, including the upper San Ramon Canyon project area that encompasses 30648, 30650, 30652, 30658, 30676, 30678, 30680, 30682 Palos Verdes Drive East; and 2803, 2809, 2817, 2823, 2829, 2837, 2845 San Ramon Drive; and,

WHEREAS, in June 2003, the City of Rancho Palos Verdes officially completed a drainage and slope stabilization project for the upper San Ramon Canyon area, located at the head of the San Ramon Canyon. The project addressed the canyon erosion, drainage for the area, repair of the erosion-damaged slope, and stabilization of the landslide caused by a storm drain backup and overflow that occurred in 1998; and,

WHEREAS, on September 7, 2004, the City Council approved a General Plan Amendment Initiation Request (GPAIR), thereby directing Staff to proceed with a General Plan Amendment and Zone Change for the 15 properties that create the Upper San Ramon Canyon project area, located between the head of the canyon and Palos Verdes Drive East, from Natural Environment/Hazard to Residential (1 to 2 dwelling units per acre) and from Open Space Hazard (OH) zoning to Single Family Residential (RS-2) zoning for the portions of those properties that are relatively flat, outside of the Canyon itself and are developed with residential structures; and,

WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on February 22, 2005, at which time all interested parties were given an opportunity to be heard and present evidence; and,

WHEREAS, on February 22, 2005, the Planning Commission adopted P.C. Resolution No. 2005-09 and P.C. Resolution No. 2005-10, recommending that the City Council certify a Negative Declaration for Case No. ZON2003-00520 with inclusion of an addendum with regards to the NCCP and the re-vegetation required by the San Ramon Stabilization project, hereby referenced to as Addendum No. 1 to the Environmental Assessment/Negative Declaration, and recommending that the City Council approve a General Plan Amendment and Zone Change for the Upper San Ramon Canyon area; and,

WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the City Council held a duly noticed public hearing on June 7, 2005, at which time all interested parties were given an opportunity to be heard and present evidence, and the City Council gave direction to Staff regarding geotechnical issues and additional information that arose from the public, and continued the hearing to August 16, 2005; and,

WHEREAS, the City Council held a duly noticed public hearing on August 16, 2005, at which time all interested parties were given an opportunity to be heard and present evidence and the City Council gave direction to Staff regarding geotechnical issues, and directed that the City Geologist present a cost proposal for consideration by the City Council to conduct a 3rd party review of the geotechnical data and information that was compiled for the San Ramon Drainage and Landslide Stabilization project and the conclusions for the zone change, and continued the hearing to September 20, 2005; and,

WHEREAS, the City Council held a duly noticed public hearing on September 20, 2005, at which time all interested parties were given an opportunity to be heard and present evidence and the City Council authorized the City Geologist to conduct a 3rd party review of the geotechnical information for the proposed zone change for the upper San Ramon Canyon area and approved a budget adjustment in an amount of $3,500.00 to pay for the additional review, and continued the hearing to November 15, 2005; and,

WHEREAS, the City Council held a duly noticed public hearing on November 15, 2005, at which time all interested parties were given an opportunity to be heard and present evidence; and,

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 independently reviewed and certified that the Negative Declaration was prepared in compliance with the provisions of CEQA by the adoption of Resolution No. 2005-125; and,

WHEREAS, the City Council has adopted Resolutions No. 2005-125 and No. 2005-126, adopting a Negative Declaration and General Plan Amendment, respectively (Case No. ZON2003-00520), which are related to the Zone Change described herein.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:

Section 1: This approval is for a change in zoning designation for the flat portions of the 15 properties located between the head of the San Ramon Canyon and Palos Verdes Drive East, addressed as 30648, 30650, 30652, 30658, 30676, 30678, 30680, 30682 Palos Verdes Drive East, and 2803, 2809, 2817, 2823, 2829, 2837, 2845 San Ramon Drive, from the existing Zoning Use Designation of Open Space Hazard (OH) to a new Zoning Designation of Residential, RS-2 as set forth in Exhibits A and B attached hereto. Specifically, so that the existing residential structures on the relatively flat areas of the properties are located outside of the OH boundary, and so that the new OH boundary follows the top head of the San Ramon Canyon where the stabilization project was completed as illustrated in Exhibits A and B.

Section 2: The City Council finds that the proposed zone change would not result in any significant adverse environmental impacts in addition to or beyond those already associated with the existing use of the sites since the zone change reflects existing conditions on these properties, and therefore has adopted Resolution No. 2005-125, certifying a Negative Declaration for a Zone Change, General Plan Amendment and Environmental Assessment (Case No. ZON2003-00520).

Section 3: The City Council finds that the approval of the Zone Change will not result in significant adverse environmental impacts because the zoning designations would be consistent with the existing use and topography of the sites, which currently maintain residential structures that were approved prior to the City’s incorporation when the properties were zoned R-A-10,000 (Residential). Furthermore, the zone change reflects the fact that the City’s Public Works Department has recently completed the San Ramon Drainage and Landslide Stabilization Project for the upper San Ramon Canyon area, which addressed the canyon erosion, drainage for the area, repair of the erosion-damaged slope, and stabilization of the landslide caused by the storm drain backup and overflow in 1998, so the existing residential structures can be safely maintained on these lots.

Section 4: The City Council finds that the approval of the Zone Change is in the interest of the property owners within the project area because this would enable them to construct improvement projects that can be constructed by other property owners with residences that are within a Residential Land Use Designation, which are in the immediate vicinity.

Section 5: The time within which the 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 6: Based upon the facts contained in this Ordinance, in the Staff Report and other components of the legislative record, in the adopted Negative Declaration, and in the public comments received by the Planning Commission and the City Council, the City Council hereby approves the Zone Change of Case No. ZON2003-00520 to change the zoning designation for the flat portions of the 15 properties located between the head of the San Ramon Canyon and Palos Verdes Drive East, addressed as 30648, 30650, 30652, 30658, 30676, 30678, 30680, 30682 Palos Verdes Drive East, and 2803, 2809, 2817, 2823, 2829, 2837, 2845 San Ramon Drive, from the existing Zoning Use Designation of Open Space Hazard (OH) to a new Zoning Designation of Residential, RS-2, such that the new OH boundary follows the top head of the San Ramon Canyon where the stabilization project was completed as illustrated in Exhibits A and B attached hereto, which are incorporated herein by this reference.

Section 7: The City Council hereby directs the City Clerk to cause the changes set forth herein to be made to the Official Zoning Map, as illustrated in Exhibits A and B.

Section 8: The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be posted in the manner prescribed by law.

PASSED, APPROVED, AND ADOPTED this 6th day of December 2005:

_______________________
Mayor

ATTEST:

____________________
City Clerk

State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )

I, Carolynn Petru, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the above Ordinance No. 428 was duly and regularly passed and adopted by the said City Council at a regular meeting held on December 6, 2005.

City Clerk