ORD 344 ORDINANCE NO. 344
AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES APPROVING A DEVELOPMENT AGREEMENT WITH
THE DEVELOPER OF THE RESIDENTIAL HOUSING
I/ PROJECT THAT IS LOCATED IN SUBREGION 1 OF THE
COASTAL ZONE OF THE CITY OF RANCHO PALOS
VERDES
WHEREAS, pursuant to Condition A 6 of Tentative Tract
Map No. 46628, which was approved by the City Council of the City
of Rancho Palos Verdes on March 17, 1992, by the adoption of
Resolution No. 92-26, and with the concurrence of the then-owner
of the subject property, the property owner was required to enter
into a Development Agreement with the City of Rancho Palos
Verdes; and
WHEREAS, pursuant to state law, California Government
Code Section 65864 a seq. , cities can enter into development
agreements with private property owners; and
WHEREAS, after notice issued pursuant to the provisions
of the Rancho Palos Verdes Municipal Code, the Planning
Commission conducted a public hearing on December 22, 1998, at
which time all interested parties were given an opportunity to be
heard and present evidence regarding the proposed Development
Agreement, and following the public hearing, the Planning
Commission recommended that the City Council approve the
Development Agreement; and
WHEREAS, after notice issued pursuant to the provisions
of the Rancho Palos Verdes Municipal Code, the City Council
conducted a public hearing on January 5, 1999 and January 19,
1999, at which time all interested parties were given an
opportunity to be heard and present evidence;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES ORDAINS AS FOLLOWS:
Section 1: Prior to the approval of Tentative Tract
No. 46628 and the related Coastal Permit, Grading Permit and
Conditional Use Permit, the City Council certified Environmental
Impact Report No. 35, ("EIR") , by the adoption of Resolution No.
I/ 92-25. Because the Development Agreement addresses the
maintenance and funding obligations relating to the open space
areas and other amenities that are being constructed as part of
this development, and does not alter the development standards or
configuration of the project that previously were approved by the
City Council, the Development Agreement will not cause any new
environmental impacts that were not addressed by EIR No. 35 and
will not cause the addition of any new mitigation measures to the
previously approved project and previously certified EIR.
Accordingly, the City Council hereby finds that the Development
Agreement is within the scope of EIR No. 35. Resolution No. 92-
25 and the Findings and Statement of Overriding Considerations
set forth therein are hereby incorporated herein by this
reference.
section 2,: The proposed Development Agreement conforms
with the maps and policies of the General Plan and the City's I/
Coastal Specific Plan. Accordingly, the Development Agreement is
consistent with all applicable provisions of the General Plan and
the Specific Plan that are relevant to the project.
section 3: The proposed Development Agreement complies
with the requirements of California Government Code Sections
65865 through 65869.5.
Section 4: The proposed Development Agreement will not
be detrimental to or cause adverse effects to adjacent property
owners, residents, or the general public, since the project will
be constructed in accordance with the conditional use permit,
grading permit, coastal permit and tentative tract map that were
approved in 1992, as amended by the minor modification to the
tentative tract map that was approved by the City Council in
1997, in response to the request by the U.S. Fish and Wildlife
Service and the California Department of Fish and Game.
Section 5. The proposed Development Agreement provides
clear and substantial benefit to the residents of the City,
because the Development Agreement will provide a method to
substitute revenue sources that either have been eliminated or
severely compromised by State legislation enacted since the
original approval of the project, and the Agreement provides a
source of funding to ensure that the public amenities and open
space created as part of this project will be properly maintained
in the future.
Section 6,. For the foregoing reasons and based on the
information contained in the Staff Reports, Minutes and other
records of the proceedings, the City Council hereby approves the
Development Agreement with the developer of the residential
development in Coastal Subregion 1 of the City, which is attached
hereto as Exhibit "A" and incorporated herein by this reference.
ORDINANCE NO. 344 I/
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990125 R6876-00001 pjn 0692215 (1)
PASSED, APPROVED and ADOPTED this 2nd day of February,
1999.
AA(
I/ MAYS
ATTEST:
/AO
-ITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF RANCHO PALOS VERDES )
I, Jo Purcell, City Clerk of the City of Rancho Palos
Verdes, do hereby certify that the whole number of members of the
City is five, that the forgoing Ordinance No. 344 passed first
reading on January 19, 1999, was duly and regularly adopted by
the City Council of said City at a regular meeting thereof held
on February 2, 1999 and that the same was passed and adopted by
the following roll call vote:
AYES: Byrd, Ferraro, Lyon, McTaggart and Mayor
Hollingsworth
NOES: None
ABSENT: None
ABSTAIN: None
ALA
Ci y Clerk
•
Ordinance No. 344
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990125 R6876-00001 pjn 0692215 (1)
•
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RECORDED/FILED IN OFFICIAL RECORDS
RECORDER'S OFFICE
LOS ANGELES COUNTY
CALIFORNIA
MAR 23 1999 Arsn.M.
SPACE ABOVE THIS LINE RESERVED FOR RECORDER S USE
TITLE(S)
FEE N/A N/A 0 20 9_ 19 04 19
CODE
REC. NO. NO PCOR D.A. SURVEY NOTIF. INVOL NON
FEE PAGES TITLES FEE MON. LIEN CONF.
/1/ / ° e.9 0 4°
4
Assessor s Identification Number (AIN)
To Be Completed By Examiner Or Title Company In Black Ink
RECEI V
ED
City of Rancho Palos Verdes
JAN 1. 2cco
CITY CLERK'S
OFFICE
•
EXAMINER S INT.
Number of Parcels Shown
•
Revision Number
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RECORDING REQUESTED BY, AND
WHEN RECORDED, MAIL TO:
CITY CLERK
CITY OF RANCHO PALOS VERDES
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275-5391
(Space Above for Recorder's Use)
DEVELOPMENT AGREEMENT
(Pursuant to Government Code
Sections 65864 - 65869.5)
This DEVELOPMENT AGREEMENT ("Agreement") is entered
into as of February 23,1999, between RPV Associates, LLC,
(hereinafter referred to as "Developer") , and the CITY OF RANCHO
PALOS VERDES, a municipal corporation organized and existing
under the laws of the State of California ("City") . Developer
and City are sometimes collectively referred to herein as the
"parties."
RECITALJ
This Agreement is predicated upon the following facts:
A. These Recitals refer to and utilize certain
capitalized terms which are defined in this Agreement. The
parties intend to refer to those definitions in conjunction with
the use thereof in these Recitals.
B. Government Code Sections 65864 - 65869.5
("Development Agreement Law") authorize City to enter into
binding development agreements with persons having a legal or
equitable interest in real property or the development of such
property, all for the purpose of strengthening the public
planning process, encouraging private participation and
comprehensive planning and reducing the economic costs of such
development.
C. Pursuant to Government Code Section 65865, City
has adopted rules and regulations establishing procedures and
requirements for consideration of development agreements.
D. Developer owns, in fee, and is the proposed
developer of the Property as described on Exhibit "A", except for
those portions thereof previously dedicated to governmental
agencies for street purposes, parks or open space.
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E. Developer anticipates developing a Residential
Planned Development in Subregion 1 of the City (hereinafter
referred to as "Project") requiring substantial investment in
public facilities and substantial investment in on-site and off-
site improvements in order to make the Project feasible, much of
which is to be maintained by City after the development of the
Project has been completed.
F. Developer has applied for, -and City has approved,
a vesting tentative tract map (No. 46628), a conditional use
permit (No. 158), a coastal permit (No. 94), a grading permit
(No. 1439), a "4d"permit , and other approvals related to the
Project, in order to protect the interests of its residents and
the quality of the community and the environment (collectively
referred to as the "Approvals"). A revision to the Project was
approved by the Planning Commission on February 25, 1997, and by
the City Council of City on March 11, 1997.
G. As part of the approval process, City has
undertaken, pursuant to the California Environmental Quality Act
("CEQA"), the required analysis of the environmental effects
which would be caused by the Project. In that regard, on March
17, 1992, the City Council of City adopted Resolution No. 92-25,
which certified Environmental Impact Report No. 35 and imposed a
series of mitigation measures in connection with the development
of the Project to eliminate or mitigate, to the extent feasible,
any potentially adverse impacts caused by the Project and made
the required environmental findings.
H. Due to the potential cost to City of maintaining
the open space areas and other public improvements which will be
dedicated to City after construction of the Project is completed
and the inability of City to rely on traditional methods for
obtaining financing to maintain these improvements, such as taxes
and assessment districts, and due to the potential cost of
developing the Project that will be incurred by Developer, City
and Developer wish to enter into a development agreement relating
to the Project. Accordingly, proceedings have been undertaken in
accordance with City's rules and regulations.
I. The Planning Commission and the City Council have
found that this Agreement is consistent with the City's General
Plan, Coastal Specific Plan, Development Code and the Approvals.
J. On February 2, 1999 the City Council of City
adopted Ordinance No. 344, approving this Agreement with
Developer.
K. City has found and determined that the execution
of this Agreement is in the best interest of the public health,
safety and general welfare of City and its residents and that
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04562(
adopting this Agreement constitutes an appropriate exercise of
its police power.
The parties agree as follows:
1. Definitions.
1.1. "Agreement" is this Development Agreement.
1.2. "Agreement Date" is the date this Agreement
is executed by City.
1.3. "City" is the City of Rancho Palos Verdes,
California.
1.4. "Developer" is RPV Associates, LLC, and its
successors in interest to all or any part of the Property.
1.5. "Development Plan" is all of those
ordinances, resolutions, codes, rules, regulations, Approvals and
official policies of City governing the development and use of
the Property as of the Agreement Date, including, without
limitation, the permitted uses of the Property, the density or
intensity of use, the maximum height and size of proposed
buildings, the provisions for reservation or dedication of land
for public purposes, and the design, improvement and construction
standards and specifications applicable to the development of the
Property, and all of those permits and Approvals which are
referenced on Exhibit "B," which have been issued or granted by
City and the California Coastal Commission in connection with the
Project, allowing the development of seventy-nine single family
residential dwelling units and five (5) open space lots. To the
extent any of the foregoing are further amended by City from time
to time with the consent of Developer, the appropriate component
of the Development Plan shall be deemed to be automatically
amended. Notwithstanding the immediately preceding sentence, if
this Agreement is required by law to be amended in order for the
"Development Plan" to include such amendments, the "Development
Plan" shall not include such amendments unless and until this
Agreement is so amended. A copy of all of the conditions of
approval which have been imposed on the Project by the City and
the Coastal Commission is attached hereto as Exhibit "C."
1.6. "Effective Date" is that date which is the
later of: (a) the date of expiration for filing a referendum
petition relating to this Agreement, if no such petition is filed
within such period; or (b) the results of a referendum election
are declared approving this Agreement, if a referendum petition
is filed within the applicable period.
1.7. "Project" is the Residential Planned
Development and associated amenities, including, without
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456
limitation, on-site and off-site improvements, contemplated by
the Development Plan, as the same may be further defined,
enhanced or modified pursuant to the provisions of this
Agreement.
1.8. "Property" is the real property on which the
Project is, or is anticipated to be, located as described on
Exhibit "A."
2. Exhibits. The following documents are referred to
in this Agreement, attached hereto and incorporated herein by
this reference:
Exhibit Description
Designation
A Legal Description of the Property
B Permits and Approvals Constituting the
Development Plan
C All Conditions of Approval imposed on
the Project
D Maps depicting all of the Public
Amenities, including, without
limitation, parking areas, trails and
open space areas, including any
habitat located thereon
E Slant Drain Reimbursement Schedule
3. Mutual Benefits. This Agreement is entered into
for the purpose of carrying out the Development Plan for the
Project in a manner that will insure certain anticipated benefits
to both City and its residents and to Developer, as set forth in
this Section. City and Developer agree that, due to the size and
duration of the Project, certain assurances on the part of each
party as to the Project will be necessary to achieve those
desired benefits.
3.1. Benefits to City. The benefits to City
(including, without limitation, the City's residents) under this
Agreement include, but are not limited to: (a) the dedication to
City of the open space lots and the improvements which will be
available to the public, as depicted on Exhibit D, including
parking areas, a passive park, wetlands, trails and habitat
areas; (b) the agreement that the Developer will reserve an
easement over certain portions of the open space lots and will
convey said easement to the Homeowners' Association that is to be
formed by Developer, for future maintenance by the Association to
City's reasonable satisfaction; (c) the cash payment of seven
hundred fifty thousand dollars ($750,000.00) to the City as a
fund to ensure that the City will be able to maintain the public
improvements and habitat areas that are to be dedicated to the
City by Developer and that are to be maintained by City; (d) the
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OfC3124
provision of additional residential housing; (e) the construction
of and improvements to roadways and drainage facilities; and (f)
an increase in property tax revenues to be derived by City.
3.2. Benefits to Developer. Developer has
expended and will continue to expend substantial amounts of time
and money on the planning and infrastructure construction of the
Project. In addition, Developer will expend substantial amounts
of time and money in constructing public improvements and
facilities in connection with the Project. Developer would not
make such additional expenditures without this Agreement and such
additional expenditures will be made in reliance upon this
Agreement. The benefits to Developer under this Agreement
consist of: (a) the assurance that Developer will preserve the
right to develop the Property as planned and as set forth in the
Development Plan; and (b) the acceptance by the City of the open
space lots and the maintenance of certain portions of those lots
and the public improvements located thereon (including the
passive park, wetlands, the trails, streets, parking areas) and
the restored habitat areas which were required as mitigation for
development of the project, as described in Resolution No. 92-26
and Resolution No. 92-27.
4. Interest of Developer. Developer represents that
Developer has a legal interest in the Property.
5. Binding Effect of Agreement. The burdens of this
Agreement bind and the benefits of this Agreement inure to the
successors in interest to the parties hereto.
6. Relationship of Parties. The contractual
relationship between City and Developer is that Developer is an
independent entity and not the agent of City.
7. Term. The term of this Agreement shall commence
upon the Effective Date and shall continue until all building
permits required to complete the development of the Project as
contemplated by the Development Plan have been issued, provided
that in no event shall such term exceed ten (10) years following
the Effective Date of this Agreement, as extended by events of
force majeure as such events are set forth in Section 18.3 below.
In no event, however, shall the term of this Agreement exceed
fifteen (15) years.
8. Changes in Project. Developer shall not be
entitled to any change, modification, revision or alteration in
the Development Plan relating to the permitted uses of the
Property, the density or intensity of use, the maximum height and
size of proposed buildings or the provision for reservation or
dedication of land for public purposes without review and
approval by those agencies which approved the paIrticular aspect
of the Development Plan in the first instance. Subject to the
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foregoing provisions of this Section 8, City acknowledges that
Developer may seek amendments to entitlements to use and new
entitlements to use in connection with the development of the
Project. Subject to Sections 10, 10.1, 10.2 and 11 below,
nothing in this Agreement shall be deemed to restrict or expand
the authority of City or the Coastal Commission in determining
whether to approve or deny any such amendments or new
entitlements to use.
9. Hold Harmless. Developer agrees to and shall hold
City, its officers, agents, employees, partners and repre-
sentatives harmless from liability for damage or claims for dam-
age arising from the Project including, without limitation,
claims for personal injury, including death, and claims for
property damage which may arise from the negligence or
intentional, wrongful misconduct of Developer or of Developer's
contractors, subcontractors, agents, employees or other persons
acting on Developer's behalf which relate to the Project.
Developer agrees to and shall defend and indemnify City and its
officers, agents, employees, partners and representatives from
any and all actions for damages relating to the Project,
including, without limitation, those caused or alleged to have
been caused by reason of the negligent or intentional, wrongful
misconduct of Developer or of Developer's contractors,
subcontractors, agents, employees or other persons acting on
Developer's behalf in connection with the Project.
10. Vested Right. By entering into this Agreement and
relying thereon, Developer is obtaining a vested right to proceed
with the Project in accordance with the Development Plan, and
City is securing certain public benefits and financing which help
to alleviate current or potential problems in City and enhance
the public health, safety and welfare. City therefore agrees to
the following:
10.1. No Conflicting Enactments. Neither the
City Council of City nor any other agency of City shall enact any
ordinance, policy, rule, regulation or other measure applicable
to the Project which relates to the rate, timing or sequencing of
the development, the density, design, construction standards and
specifications of the development, or, subject to Section 12.1
below, other matters applicable to the construction of all or any
part of the Project or which is otherwise in conflict with this
Agreement. This Section shall not restrict the City's ability in
the event of a public emergency to take such reasonable measures
under its police powers to protect the public health and safety
as it deems necessary to deal with such emergency even if such
measures are incompatible with other terms of this Developme 'it
Agreement. The parties acknowledge and agree that City is
restricted in its authority to limit its police power by contract
and that the foregoing limitations are intended to reserve to
City all of its police power which cannot be so limited.
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a--E4-5/22-4
10.2. Intent of Parties. In addition to and
not in limitation of the foregoing, it is the intent of Developer
and City that no moratorium or other limitation (whether relating
to the rate, timing or sequencing of the development, the
density, design, construction standards and specifications of the
development, or, subject to Section 12.1 below, other matters
applicable to the construction of all or any part of the Project
and whether or not enacted by initiative or otherwise) affecting
the General Plan, zoning, subdivision maps, building permits,
occupancy certificates or other entitlements to use approved,
issued or granted within City, or portions of City, shall apply
to the Project to the extent such moratorium, initiative, or
other limitation is in conflict with this Agreement.
Notwithstanding the foregoing, should an ordinance, general plan
or zoning amendment, measure, moratorium, policy, rule,
regulation or other limitation enacted by citizens of City
through the initiative process be determined by a court of
competent and final jurisdiction to invalidate or prevail over
all or any part of this Agreement, Developer shall have no
recourse against City pursuant to this Agreement, but shall
retain all other rights, claims and causes of action at law or in
equity which Developer may have independent of this Agreement.
11. General Development of the Project.
11.1 Project. While this. Agreement is in effect,
Developer shall have a vested right to develop the Project in
accordance with the terms and conditions of this Agreement and
the Development Plan, and City shall have the right to control
the development of the Project in accordance with the terms and
conditions of this Agreement and the Development Plan. Thus, the
Development Plan shall control the overall design, development
and construction of the Project and all on-site and off-site
improvements and appurtenances in connection therewith, includ-
ing, without limitation, all mitigation measures (including those
required to minimize or eliminate any potentially significant
environmental effects). The permitted uses of the Property, the
density and intensity of use, the maximum height and size of
proposed buildings, the provisions for reservation and dedication
of land for public purposes and other terms and conditions of
development applicable to the Property shall be those set forth
in the Development Plan.
11.2 Phasing and Timing of Development. The
parties acknowledge that although Developer currently anticipates
that the Project will be phased and that the single family
residences will be constructed in increments over an approximate
two-year time frame, at the present time Developer cannot predict
when or the order in which Project phases will be develop004
Such decisions depend upon numerous factors which are not within
the control of Developer, such as market orientation and demand,
interest rates, competition and other similar factors. To the
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extent permitted by the Development Plan, this Agreement, and
acknowledging the ruling in the case of Pardee Construction Co.
v. City of Camarillo, 37 Cal.3d 465 (1984), Developer shall have
the right to develop the Project in phases in such order and at
such times as Developer deems appropriate within the exercise of
its subjective business judgment, so long as the Project is
constructed as an integrated residential planned development as
contemplated by the Development Plan.
11.3 Effect of Agreement on Land Use Regulations.
The rules, regulations and official policies governing permitted
uses of the Property, the density and intensity of use of the
Property, the maximum height and size of proposed buildings and
the design, improvement and construction standards and speci-
fications applicable to development of the Property are those
rules, regulations and official policies that are included within
the "Development Plan". In connection with any approval which
City is permitted or has the right to make under this Agreement
relating to the Project, or otherwise under its rules,
regulations and official policies, City shall exercise its
discretion or take action in a reasonably expeditious manner
which complies and is consistent with the Development Plan and
the standards, terms and conditions contained therein or in this
Agreement.
11.4 Dedications and Monetary Contribution. In
conjunction with processing this Project, conditions of approval
and mitigation measures have been imposed which require Developer
to preserve and enhance coastal sage scrub habitat ("habitat") on
certain areas of the site which are to be dedicated to the City.
Initially, it is the Developer's responsibility, for a minimum
period of five years, to ensure that the habitat is planted and
established; after the first five years pass and the habitat is
established in accordance with the standards approved by the
United States Fish and Wildlife Service, the City is to perform
the long term maintenance of the habitat.
In addition, Developer shall offer for dedication to
City the streets, approximately 71 acres of open space, and other
public amenities that are to be constructed by Developer
including, the bluff face, the wetlands area, the firebreaks,
parking areas and automobile turnouts, bicycle lanes, trails,
drainage facilities, a passive park, the coastal sage scrub
habitat, and the other open space areas depicted on Exhibit "D."
All improvements which are to be dedicated to the City,
including, without limitation, the improvements referred to in
this Section, shall be completed as prescribed in the Development
Plan. tw._
A. It is the intent of this Agreement that in
addition to the initial maintenance of the habitat for the first
five years, Developer shall pay to City the sum of Seven Hundred
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Fifty Thousand Dollars ($750,000.00) which is sufficient to
ensure that the City is able to perform the long term maintenance
of the open space, amenities and improvements which are to be
dedicated by Developer to City and which are to be maintained by
City. Developer shall pay said sum to City in accordance with
the following schedule:
1. $250,000 shall be paid when City approves this
Agreement.
2. $250,000 shall be paid to City one year following
the date of approval of this Agreement by City.
3. $250,000 shall be paid to City one year later,
which is two years following the date of approval of this
Agreement by City.
B. Notwithstanding the conditions of approval of the
project and the provisions of this Agreement that address the
issue of habitat maintenance and restoration, nothing herein
shall be construed to prevent City from using any or all of Lots
80, 81, 82 and 85 (the "Open space Lots") (each of which is to be
dedicated to the City) for active or passive recreation and/or
park purposes, as those terms are defined in City's Development
Code, or for any other purpose that City may lawfully approve.
C. The parties agree that Developer's obligation to
preserve and enhance habitat on the Project site may be
transferred to a different location in the City, in accordance
with City's request, provided that Developer is not prevented
from proceeding with the Project. Any permits or approvals that
must be obtained from the State or Federal governments to
relocate any or all of the habitat shall be the responsibility of
City. Developer shall not plant any coastal sage scrub habitat
on the project site prior to March 15, 1999. Developer's
obligations and costs with respect to the cost of landscaping the
on-site open space areas to City's reasonable satisfaction,
including the habitat enhancement and restoration work, shall not
be increased by virtue of relocating said habitat to another
location off-site. To that end, if Developer plants habitat off-
site in another location designated by City, and landscapes the
area of the project site where that habitat was to have been
located, the cost of that on-site landscaping shall be credited
towards Developer's cost of performing the habitat restoration
work off-site.
11.5 Agreement Regarding The Maintenance Of
Certain Areas By The Homeowners' Association.
A. Developer and City hereby agree that the following
areas of the open space, which will be dedicated to the City, are
more appropriately maintained by the Homeowners' Association that
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is to be formed by Developer, because of the direct benefit to
the homes that will be derived from the care of these areas by
the Homeowners' Association:
1. The north entrance to the tract, including the
median (Lot 87) and portions of Lots 82 and 83 on both sides of
the roadway;
2. Portion of Lots 80 and 83 and all of Lot 84, which
is comprised of the slopes surrounding the wetlands area and
extending along Palos Verdes Drive West to the south entrance to
the tract;
3. Portions of Lot 80 that comprise the firebreak
along the rear of lots 31 through 35, lots 36 through 39, 78 and
79, and the East side of Via Del Cielo (Street "B") between Lot
35 and Lot 78;
4. The main entrance to the tract at Hawthorne
Boulevard, including the median (Lot 88) and the portions of Lots
80 and 81 on both sides of the road;
5. A portion of Lot 81, which is comprised of the
slopes along Palos Verdes Drive West extending from the South
entrance to the Tract to the Southern boundary of the Tract;
6. A portion of Lot 81, which is comprised of the
firebreak along the rear of lots 64 through and 68;
7. The entrance to Via Del Cielo (Street "B") at Via
Vicente (Street "A") consisting of the median (Lot 90) and within
the Via Del Cielo street right-of-way adjacent to the median;
8. The entrance to Calle Viento (Street "D") at Via
Vicente (Street "A") consisting of the median (Lot 91) and within
the Calle Viento street right-of-way adjacent to the median;
9. The entrance to Paseo De La Luz (Street "C:) at
Calle Entradero (Street "A") consisting of the median (Lot 89)
and within the Paseo De La Luz right-of-way adjacent to the
median; and
10. A portion of Lot 82 which is comprised of the
firebreak along the West side of the property line of Lot 58.
B. When Developer conveys Lots 80 through 91,
inclusive, to City, Developer shall reserve easements for
maintenance purposes across the areas of said lots that are
listed above in Paragraph A, which Developer ultimately shall
convey to the Homeowners' Association, the content of .which first
shall be submitted to City for review and apprral.
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C. Developer and the Homeowners' Association shall
maintain said areas to City's reasonable satisfaction in
accordance with the standard that City imposes on the maintenance
of other similar areas in the City. The failure to maintain
these areas to City's reasonable satisfaction shall constitute a
public nuisance which may be abated by the City. Any cost of
abatement which is incurred by the City may be a lien or
assessment that City may impose against all of the residential
lots within the tract.
The provisions of this Section 11.5 shall survive the
termination of this Agreement.
11.6 Development Fees. Except as provided in
Section 12 of this Agreement, City shall not, without the prior
written consent of Developer, impose or increase any fees or
exactions applicable to the development of the Property or any
portion thereof, or impose any such fees or exactions as a
condition to the implementation of the Project or any portion
thereof, except those fees and exactions in effect on the date
the application for the Vesting Tentative Tract Map for the
Project was deemed complete in accordance with Government Code
Sections 66498.1 and 66474.2 (the "Application Date"). This
provision shall not prevent the application of escalation clauses
which, as of the Application Date, were in place in connection
with those fees and exactions in effect as of the Application
Date.
11.7 Public Works. Any public works facilities
which will be constructed by Developer and dedicated to City or
any other public agency upon completion, i-ncluding, without
limitation, the slant drain discussed in Section 11.8, shall be
constructed in accordance with the design and construction
standards that would be applicable to City or such other public
agency should it have undertaken such construction. This Section
shall not be interpreted to require public bids, the payment of
prevailing wages or any other similar requirements unless
otherwise required by applicable law. If it is found that
Developer should have complied with any such requirements,
Developer shall be fully responsible for the payment or
satisfaction of such requirements.
11.8. Slant Drain. Developer and City have
agreed that Developer shall construct the slant drain, which is
to be located near the South end of the Project site, in a manner
that will allow the City to attach a drain pipe from the Point
Vicente Interpretive Center on City's property to the slant
drain. City and Developer recognize that the slant drain is to
be increased in size to accommodate said drainage from City's
property. Accordingly, City shall reimburse Developer for the
incremental increase of the cost of constructing the larger slant
drain in accordance with the schedule attached hereto as Exhibit
990125 pjn A900.003 (2)
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3
E, which is incorporated herein by this reference. City also
shall reimburse Developer for the total cost of designing and
constructing the connection that will extend from the slant drain
to the South property line that abuts City's property. Based on
the differential in the costs of construction of the slant drain
without including the City drainage and including the City
drainage, the City will be obligated to pay 13.92% of the total
construction costs of the slant drain, including design, civil
and soils engineering expenses and all City and County developer
and processing fees, including bond costs. As reflected in
Exhibit "F", the amount that currently is estimated to be City's
share of the cost of the slant drain is approximately
$192,000.00. Any increased costs to either the slant drain or to
the connection that will extend from the slant drain to the South
property line must be submitted to City for approval, which shall
not be unreasonably withheld. City shall make monthly progress
payments to Developer for City's share of the construction costs,
as work is done, and statements are submitted to City.
12. Rules, Regulations and Official Policies.
12.1 New Rules. This Agreement shall not prevent
City from applying the following new rules, regulations and
policies:
(a) Processing fees and charges imposed by City
to cover the estimated actual costs to City of processing
applications for development approvals, for monitoring compliance
with any development approvals, or for monitoring compliance with
environmental impact mitigation measures; provided such fees and
charges are uniformly imposed by City on all similar applications
and for all similar monitoring.
(b) Procedural regulations relating to hearing
bodies, petitions, applications, notices, findings, records,
hearings, reports, recommendations, appeals and any other matters
of procedure; provided such regulations are uniformly imposed by
City on all similar matters.
(c) Regulations governing construction standards
and specifications which are of general application which
establish standards for the construction and installation of
structures and associated improvements such as and including,
without limitation, the City's Building Code, Plumbing Code,
Mechanical Code, Electrical Code, and Fire Code; provided that
such construction standards and specifications are applied on a
City-wide basis.
(d) Regulations which are not in conflict with
the Development Plan or this Agreement.
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(e) Regulations which are in conflict with the
Development Plan or this Agreement if such regulations have been
consented to in writing by Developer.
12.2 SubseQuent Actions and Approvals. In
accordance with Government Code Section 65866, this Agreement
shall not prevent City in subsequent actions applicable to the
Property from applying new rules, regulations and policies which
do not conflict with those existing rules, regulations and
policies set forth in the Development Plan or this Agreement, nor
shall this Agreement prevent City from denying or conditionally
approving any subsequent development project application on the
basis of such existing or new rules, regulations and policies.
12.3 State and Federal Laws. In the event that
state or federal laws or regulations, enacted after this
Agreement is executed, prevent or preclude compliance with one or
more of the provisions of this Agreement, such provisions of this
Agreement shall be modified or suspended as may be necessary to
comply with such state or federal laws or regulations; provided,
however, that this Agreement shall remain in full force and
effect to the extent it is not inconsistent with such laws or
regulations and to the extent such laws or regulations do not
render such remaining provisions impractical to enforce.
13. Amendment or Cancellation of Agreement. This
Agreement may be amended or canceled in whole or in part only by
mutual consent of the parties in the manner provided for in
Government Code Section 65868.
14. Enforcement. Unless amended or canceled as
provided in Section 13, or modified or suspended pursuant to
Government Code Section 65869.5, this Agreement is enforceable by
either party hereto notwithstanding any change in any applicable
general or specific plan, zoning, subdivision or building
regulation or other applicable law or regulation adopted by City
(or by the voters of City unless found by a court of competent
and final jurisdiction to prevail over this Agreement) which
alters or amends the Development Plan or the timing of any.
development.
15. Periodic Review of Compliance With Agreement.
15.1 Periodic Review. City and Developer shall
review this Agreement at least once every twelve (12) months from
the date this Agreement is executed in accordance with
Section 17.82.080 of the Rancho Palos Verdes Municipal Code.
City shall notify Developer in writing of the date for review at
least thirty (3 0) days prior thereto. However, City's failure to
comply with this Section 15.1 shall not affect the validity of
this Agreement.
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15.2 Good Faith Compliance: During each periodic
review, Developer shall be required to demonstrate good faith
compliance with the terms of this Agreement.
16. Events Of Default.
16.1 Default by Developer. If City determines on
the basis of substantial evidence that Developer has not complied
in good faith with the terms and conditions of this Agreement,
City shall, by written notice to Developer, specify the manner in
which Developer has failed to so comply and state the steps
Developer must take to bring itself into compliance. If, within
sixty (60) days after the effective date of notice from City
specifying the manner in which Developer has failed to so comply,
Developer does not commence all steps reasonably necessary to
bring itself into compliance as required and thereafter
diligently pursue such steps to completion, then Developer shall
be deemed to be in default under the terms of this Agreement and
City may terminate this Agreement or seek specific performance as
set forth in Section 16.3.
16.2 Default by City. If Developer determines on
the basis of substantial evidence that City has not complied in
good faith with the terms and conditions of this Agreement,
Developer shall, by written notice to City, specify the manner in
which City has failed to so comply and state the steps City must
take to bring itself into compliance. If, within sixty (60) days
after the effective date of notice from Developer specifying the
manner in which City has failed to so comply, City does not
commence all steps reasonably necessary to bring itself into
compliance as required and thereafter diligently pursue such
steps to completion, then City shall be deemed to be in default
under the terms of this Agreement and Developer may terminate
this Agreement or seek specific performance as set forth in
Section 16.3.
16.3 Specific Performance Remedy. Due to the
size, nature and scope of the Project, and due to the fact that
it will not be practical or possible to restore the Property to
its natural condition once implementation of this Agreement has
begun, the parties acknowledge that money damages and remedies at
law generally are inadequate and that specific performance is
appropriate for the enforcement of this Agreement. Therefore,
the remedy of specific performance shall be available to all
parties hereto. This subsection shall not limit any other
rights, remedies, or causes of action that any party may have at
law or equity.
16.4 City Not Liable For Damages. It is acknow-
ledged by the Parties that City would not have entered into this
Agreement if it were to be liable in damages under or with
respect to this Agreement or the application thereof. Conse-
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quently, City shall not be liable in damages to Developer, or to
any assignee, transferee of Developer or any other person, and
Developer covenants not to sue for or claim any damages:
(a) for any breach of, or which arise out of, this
Agreement;
(b) for the taking, impairment or restriction of any
right or interest conveyed or provided hereunder or pursuant
hereto; or
(c) arising out of or connected with any dispute,
controversy or issue regarding the application or interpretation
or effect of the provisions of this Agreement; provided, however,
that the foregoing does not limit the liability of City, if any,
for damages which:
(i) are not for a breach of this Agreement or
which do not arise under this Agreement;
(ii) are not with respect to any right or interest
conveyed or provided hereunder or pursuant hereto; and
(iii) do not arise out of or which are not
connected with any dispute, controversy or issue regarding the
application, interpretation or effect of the provisions of this
Agreement to, or the application of, any City rules, regulations
or official policies.
Without limiting the generality of the foregoing item
(c) , parts (i) , (ii) and (iii) , and as an example, in the event
City refuses to issue building permits under and in accordance
with a Vesting Tentative Map issued by City, Developer would be
entitled to whatever remedies at law or in equity which are
available, including, if available under law, the right to
monetary damages.
17. Institution of Legal Action. In addition to any
other rights or remedies, either party may institute legal action
to cure, correct or remedy any default, to enforce any covenants
or agreements herein, to enjoin any threatened or attempted
violation hereof, to recover damages for any default, or to
obtain any other remedies consistent with the purposes of this
Agreement. Any such legal action shall be brought in the
Superior Court for Los Angeles County, California.
18. Waivers and Delays.
18.1 Waiver. Failure by a party to insist upon
the strict performance of any of the provisions of this Agreement
by the other party, and failure by a party to exercise its rights
upon a default by the other party hereto, shall not constitute a
990125 pjn A900.003 (2)
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waiver of such party's right to demand strict compliance by such
other party in the future.
18.2 Third Parties. Nonperformance shall not be
excused because of a failure of a third person except as provided
in Section 18.3 below.
18.3 Force Majeure. Neither party shall be deemed
to be in default where failure or delay in performance of any of
its obligations under this Agreement is caused by floods, earth-
quakes, other Acts of God, fires, wars, riots or similar hostil-
ities, strikes, other labor difficulties, government regulations,
court actions, or other causes beyond the party's control.
19. Notices. All notices required or provided for
under this Agreement shall be in writing and delivered in person
and deposited in the United States mail, postage prepaid and ad-
dressed as follows:
TO CITY:
TO DEVELOPER:
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
Attn: Les Evans, City Manager
RPV Associates, LLC
4100 MacArthur Boulevard, Suite 200
Newport Beach, California 92658-7150
Attn: Chairman of the Board, General
Counsel and Robert J. Trapp
Either party may change the address stated herein by giving
notice, in writing, to the other party and thereafter notices
shall be addressed and submitted to the new address.
20. Attorneys' Fees. If legal action is brought by
either party against the other for breach of this Agreement, or
to compel performance under this Agreement, the prevailing party
shall be entitled to an award of reasonable attorneys' fees and
costs.
21. Transfers and Assignments.
21.1 Right to Assign. Developer shall have the
right to sell, transfer or assign the Property in whole or in
part (provided that no such partial transfer shall be permitted
to cause a violation of the Subdivision Map Act, Government Code
Section 66410, et seq.) to any person, partnership, joint
venture, firm, corporation or other entity at any time during the
term of this Agreement; provided, however, that any such sale,
transfer or assignment shall include the assignment of the
rights, duties and obligations arising under or from this
990125 pjn A900.003 (2)
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Agreement and shall be made in strict compliance with the
following conditions precedent:
(a) No sale, transfer or assignment of
any right or interest under this Agreement shall be made unless
made together with the sale, transfer or assignment of all or a
part of the Property.
(b) Concurrently with any such sale,
transfer or assignment, or within fifteen (15) business days
thereafter, Developer shall notify City, in writing, of such
sale, transfer or assignment and of whether the transferee or
assignee has assumed any of Developer's obligations hereunder,
and Developer shall provide City with a copy of the executed
assignment agreement. Any sale, transfer or assignment not made
in strict compliance with the foregoing conditions shall
constitute a default by Developer under this Agreement.
21.2 Release of Transferring Owner.
Notwithstanding any sale, transfer or assignment, a transferring
Developer shall continue to be obligated under this Agreement
unless such transferring Developer is given a release or a
partial release in writing by City, which release or partial
release shall not be unreasonably withheld by City if such
transferring Developer full satisfies the following conditions:
(a) Developer is not then in default
under this Agreement.
(b) Developer has provided City with the
notice and executed agreement required under paragraph (b) of
Subsection 21.1 above;
(c) Such assignee or transferee has
assumed such duties and obligations as to which Developer is
requesting to be released in a manner approved by City; and
(d) Developer has paid City in full the
sum of Seven Hundred Fifty Thousand Dollars ($750,000) that is
required by Section 11.4 A of this Agreement.
21.3 Termination of Agreement with Respect to
Individual Parcels Upon Sale to Public. Notwithstanding any
provisions of this Agreement to the contrary, the burdens of this
Agreement shall terminate as to any lot or parcel which has been
finally subdivided and individually leased or sold for
residential purposes to the purchaser or user thereof and
thereupon and without the execution or recordation of any further
document or instrument such lot or parcel shall be released from
and no longer be subject to or burdened by the provisions of this
Agreement; provided, however, that the benefits of this Agreement
shall continue to run as to any such lot until a building is
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990125 pjn A900.003 (2)
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constructed on such lot or until the termination of this
Agreement, if earlier. Nothing herein shall be construed as
exempting any such lot from the provisions of the Development
Plan or other applicable rules and regulations.
22. Cooperation in the Event of Legal Challenge.
In the event of any legal action instituted by a third party or
other governmental entity or official challenging the validity of
any provision of this Agreement or any other action by City in
approving the Project, the parties hereby agree to cooperate in
defending such action. Developer agrees to reimburse City for
its costs and legal expenses incurred after the date of this
Agreement in any such action. In addition, if in any such action
there is an order, ruling, or judgment which includes a
requirement that the City pay damages or reimburse any party for
legal fees or costs incurred in connection with that action,
Developer hereby agrees that it will pay said damages, fees and
costs. In the event of any litigation challenging the
effectiveness of the Agreement, or any portion hereof, this
Agreement shall remain in full force and effect while such
litigation, including any appellate review, is pending.
23. Protect as a Private Undertaking. It is
specifically understood and agreed by and between the parties
hereto that the development of the Project is a private
development, that neither party is acting as the agent of the
other in any respect thereunder, and that each party is an
independent contracting entity with respect to the terms,
covenants and conditions contained in this Agreement. No
partnership, joint venture or other association of any kind is
formed by this Agreement. The only relationship between City and
Developer is that of a government entity regulating the
development of private property by the owner of such property.
24. Eminent Domain. No provision of this Agreement
shall be construed to limit or restrict the exercise by City of
its power of eminent domain.
25. Authority to Execute. RPV Associates LLC
warrants and represents that the persons executing this Agreement
on its behalf have the authority to do so and have the authority
to bind it to the performance of its obligations hereunder.
26. Recordation. This Agreement and any amendment
or cancellation hereto shall be recorded in the Office of
Official Records of the County of Los Angeles, by the City Clerk
within the period required by Section 65868.5 of the Government
Code.
27. Protection of Mortgage Holders. Nothing
contained herein shall limit or interfere with, and no breach
hereof shall diminish or impair, the lien of any mortgage holder
990125 pjn A900.003 (2)
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0456r,g4
having a mortgage made in good faith and for value on any portion
of the Property. "Mortgage holder" includes the beneficiary
under a deed of trust, and "mortgage" includes the deed of trust.
Notwithstanding anything to the contrary contained herein, no
mortgage holder shall have any obligation or duty under this
Agreement to perform any of Developer's obligations hereunder,
except that: (i) to the extent that any obligation to be
performed by Developer is a condition to the performance of an
obligation by City, the performance thereof shall continue to be
a condition precedent to City's performance hereunder, and (ii)
such lender shall be responsible for performing any continuing
obligation of Developer (such as payment of money or performance
of maintenance), which accrues while such lender holds title to
the Property or portion thereof. City shall have no greater
remedy against any such lender than it would have had against
Developer had Developer continued to hold title to the Property
or portion thereof. If a Mortgage holder requests that City give
such Mortgage holder a copy of all notices given to Developer
hereunder, then City shall deliver to such Mortgage holder,
concurrently with delivery to Developer, any notice given to
Developer pursuant to this Agreement. Each Mortgage holder shall
have the right (but not the obligation) for a period of ninety
(90) days after receipt of such notice from City, to cure or
remedy, or to commence to cure or remedy, the matter set forth in
the notice (if such matter relates to a default by Developer).
If such matter is of a nature which can only be remedied or cured
by such Mortgage holder upon obtaining possession, such Mortgage
holder shall seek to obtain possession with diligence through
foreclosure, a receiver or otherwise, and shall thereafter remedy
or cure the matter within thirty (3 0) days after obtaining
possession. If any such matter cannot be remedied or cured
within such thirty (30) day period, then such Mortgage holder
shall have such additional time as may be reasonably necessary
(as mutually agreed by such Mortgage holder and City) to remedy
or cure such matter, provided such Mortgage holder is diligently
pursuing such cure to completion.
28. Severability of Terms. If any term, provision,
covenant or condition of this Agreement shall be determined
invalid, void or unenforceable, the remainder of this Agreement
shall not be affected thereby to the extent such remaining
provisions are not rendered impractical to enforce.
29. Subsecruent Amendment to Authorizing Statute.
This Agreement has been entered into in reliance upon the
provisions of the statute governing development agreements
(Government Code Section 65864 - 65869.5 inclusive) in effect as
of the Agreement Date. Accordingly, subject to Section 12.3
above, to the extent a subsequent amendment to the Government
Code would affect the provisions of this Agreement, such
amendment shall not be applicable to this Agreement unless
necessary for this Agreement to be enforceable or unless this
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0.,,
990125 pjn A900.003 (2)
-19-
Agreement is modified pursuant to the provisions set forth in
this Agreement and Government Code Section 65868.
30. Interpretation and Governing Law. This
Agreement and any dispute arising hereunder shall be governed and
interpreted in accordance with the laws of the State of
California.
31. Section Headings. All section headings and
subheadings are inserted for convenience only and shall not
affect any construction or interpretation of this Agreement.
32. Incorporation of Recitals and Exhibits.
Recitals A through K and attached Exhibits "A" through "F" are
hereby incorporated by this reference as though fully set forth
in full.
33. Rules of Construction and Miscellaneous Terms.
33.1 Gender. The singular includes the
plural; the masculine gender includes the feminine; "shall" is
mandatory, "may" is permissive.
33.2 Time of Essence. Time is of the essence
regarding each provision of this Agreement in which time is an
element.
33.3 Cooperation. Each party covenants to
take such reasonable actions and execute all documents that may
be necessary to achieve the purposes and objectives of this
Agreement.
34. Estoppel. Either City or Developer (the
"sending party") may, at any time, and from time to time, deliver
written notice to the other party (the "receiving party")
requesting that the receiving party certify in writing that: (a)
this Agreement is in full force and effect and a binding
obligation of the receiving party; (b) this Agreement has not
been amended or modified either orally or in writing, or if so
amended, identifying the amendments, and (c) the sending party is
not in default in the performance of its obligations under this
Agreement, or if in default, to describe therein the nature and
amount of any such defaults. The receiving party shall execute
and return such certificate within thirty (30) days following the
receipt thereof. City acknowledges that a certificate hereunder
may be relied upon by transferee and any Mortgage holder.
.t
The parties have executed this Development Agreement
on the date and year first written above.
990125 pjn A900.003 (2)
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99 0480301
Dated:
APPROVED AS TO FORM:
1999
"DEVELOPER"
RPV ASSOCIATES, LLC, A DELAWARE
LIMITED LIABILITY COMPANY
BY: CAPITAL PACIFIC HOLDINGS, LLC,
A DELAWARE LIMITED LIABILITY
COMPANY, MEMBER/MANAGER
BY: CAPITAL PACIFIC HOLDINGS, INC.,
A DELAWARE CORPORATION, MANAGING
MEMBER
bi
By -
Its:
f
By: >.X7/
Attorneys for Developer
Dated: (t?J 25/ 1999
[Signatures continue]
990125 pjn A900.003 (2)
"CITY"
CITY OF RANCHO PALOS VERDES, a
municipal corporation of the State
of California
B
-21-
99 0480301
J9 0456
ATTEST:
By:
APPROVED AS TO FORM:
r`arnl � T�yL1ah
By'—
City Attorney
-22-
990125 pjn A900.003 (2)
99 0480301
aQ45??4,
STATE OF CALIFORNIA )
ss.
COUNTY OF NOVVIE. )
Oq 2)OV'MM before me,
(A4 A , a notary public in and for said
State, personally appeared f&XtCkUk4'-Q/JtbilotA4tuis L•Cvin nd
, personally known to me (Q -r
d to me on tho basis of to be the
person(whose nameceT is/ r subscribed to th- within
ledged to me that he/she/executed the
same in hi er/ ► e ' - authorized capacity(ies), and that by
his/her/t e ' . signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the
instrument.
instrument and ac
Signature
WITNESS my hand and official seal.
STATE OF CALIFORNIA
COUNTY OF
ss.
)
LESLY ALANA GUM
Commission* 112731$
Notary Public — Calromb E
Orange County
My Comm. Expires Feb 19. 2031
On before me,
, a notary public in and for said
State, personally appeared and
, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
Signature
990125 pjn A900.003 (2)
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99 0480301'
56,..„24.
9820150-52, SD, AE -November 5, 1998
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
LOTS 1, 2 AND 3 OF TRACT 29986, IN THE CITY OF RANCHO PALOS VERDES, AS PER MAP
RECORDED IN BOOK 818 PAGE(S) 82 TO 87 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
PARCEL 2:
LOTS 1 AND 2 OF TRACT 29987, IN THE CITY OF RANCHO PALOS VERDES, AS PER MAP RECORDED
IN BOOK 818 PAGE(S) 97 TO 100 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY.
PARCEL 3:
LOTS 1 AND 2 OF TRACT 29988, IN THE CITY OF RANCHO PALOS VERDES, AS PER MAP RECORDED
IN BOOK 819 PAGE(S) 1 AND 2 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
PARCEL 4:
LOTS 1 AND 2 OF TRACT 30106, IN THE CITY OF RANCHO PALOS VERDES, AS PER MAP RECORDED
IN BOOK 818 PAGE(S) 93 TO 96 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY.
PARCEL 5:
LOTS 1, 2 AND 3 OF TRACT 30225, IN THE CITY OF RANCHO PALOS VERDES, AS PER MAP
RECORDED IN BOOK 819 PAGE(S) 3 AND 4 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY.
PARCEL 6:
LOTS 1 AND 2 OF TRACT 30139, IN THE CITY OF RANCHO PALOS VERDES, AS PER MAP RECORDED
IN BOOK 819 PAGE(S) 23 TO 27 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY.
EXCEPT ANY PORTIONS OF SAID LAND LYING OUTSIDE OF THE PATENT LINES OF THE RANCHO
LOS PALOS VERDES, AS SUCH LINES EXISTED AT THE TIME OF THE ISSUANCE OF THE PATENT
WHICH WAS NOT FORMED BY THE DEPOSIT OF ALLUVION FROM NATURAL CAUSES AND BY
IMPERCEPTIBLE DEGREES.
PARCEL 7:
LOTS 1 AND 2 OF TRACT 30075, IN THE CITY OF RANCHO PALOS VERDES, AS PER MAP RECORDED
IN BOOK 818 PAGE(S) 88 TO 92 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY.
PARCEL 8:
THAT PORTION OF LOT "H" OF THE RANCHO LOS PALOS VERDES, IN THE CITY OF RANCHO PALOS
VERDES, ALLOTTED TO JOTHAM BIXBY BY DECREE OF PARTITION IN THE ACTION "BIXBY ET AL VS
BENT, ET AL, CASE NO. 2373, IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID
STATE IN AND FOR SAID COUNTY OF LOS ANGELES, AND ENTERED IN BOOK 4 PAGE 57 OF
99 04803{11
99 0456224
9820150-52, SD, AE -November 5, 1998
JUDGMENTS IN THE SUPERIOR COURT OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT POINT IN THE NORTHWESTERLY LINE OF THE LAND AS DESCRIBED IN THE DEED
TO PENN LAND COMPANY ET AL RECORDED JULY 6, 1956 AS INSTRUMENT NO. 2266 IN BOOK 51659
PAGE 148 OF OFFICIAL RECORDS OF SAID COUNTY, SAID POINT BEING THE MOST WESTERLY
CORNER OF LOT 2 OF TRACT 29987, IN BOOK 818 PAGES 97 TO 100 INCLUSIVE OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG SAID NORTHWESTERLY
LINE SOUTH 50`' 11' 16" WEST 329.54 FEET; THENCE SOUTH 74° 50' 10" EAST 226.75 FEET; THENCE
SOUTH 15° 09' 50" WEST 12.00 FEET TO THE NORTHERLY END OF LINLEY COVE DRIVE (VARIOUS
IN WIDTH) AS SHOWN AN DEDICATED ON TRACT 29986 AS PER MAP RECORDED IN BOOK 818
PAGES 82 TO 87 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY; THENCE ALONG SAID LINLEY COVE DRIVE AS FOLLOWS SOUTHEASTERLY ALONG A NON -
TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 44.00 FEET THROUGH CENTRAL
ANGLE OF 103° 45' 50" AN ARC DISTANCE OF 79.69 FEET, SOUTH 28° 55' 40" WEST 30 FEET
SOUTHWESTERLY ALONG TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS
OF 88.00 FEET THROUGH CENTRAL ANGLE OF 23° 48' 14" AN ARC DISTANCE OF 36.56 FEET,
SOUTHEASTERLY ALONG A COMPOUND CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF
158.00 FEET THROUGH CENTRAL ANGLE OF 69° 41' 06" AN ARC DISTANCE 192.17 FEET, AND 64°
33' 40" EAST 300.47 FEET TO THE MOST WESTERLY CORNER OF RUE VALDOR (VARIOUS IN WIDTH)
AS SHOWN AND DEDICATED ON SAID HEREINABOVE MENTIONED TRACT 29986; THENCE ALONG
SAID RUE VALDOR AS FOLLOWS NORTHEASTERLY ALONG TANGENT CURVE CONCAVE
NORTHERLY AND HAVING A RADIUS OF 13.00 FEET THROUGH CENTRAL ANGLE OF 88° 25' 03" AN
ARC DISTANCE OF 20.06 FEET AND NORTH EASTERLY ALONG REVERSE CURVE CONCAVE
SOUTHEASTERLY AND HAVING A RADIUS OF 952.00 FEET THROUGH CENTRAL ANGLE 13° 38' 48"
AN ARC DISTANCE OF 226.75 FEET TO THE MOST EASTERLY CORNER OF LOT 1 OF SAID
HEREINABOVE MENTIONED TRACT 29987; THENCE ALONG THE BOUNDARIES OF LOTS 1 AND 2 OF
SAID HEREINABOVE MENTIONED TRACT 29987 AS FOLLOWS NORTH 51° 01' 21" WEST 85.59 FEET,
NORTH 65° 55' 00" WET 138.00 FEET, NORTH 5° 56' 18"WEST 34.29 FEET, NORTH 59° 17' 00" WEST
35.39 NORTH 39° 00' 00" WEST 40.50 FEET, NORTH 29° 53' 00" WEST 121.50 FEET, NORTH 6° 12' 00"
EAST 8.50 FEET, NORTH 340 22° 00" WEST 103.50 FEET, NORTH 39°57' 00" WEST 40.00 FEET, NORTH
47'35' 00" WEST 57.75 FEET, AND NORTH 390 48' 44" WEST 47.00 FEET TO THE POINT OF
BEGINNING.
PARCEL 9:
THAT PORTION OF LOT "H" OF THE RANCHO LOS PALOS VERDES, IN THE CITY OF RANCHO PALOS
VERDES, ALLOTTED TO JOTHAM BIXBY BY DECREE OF PARTITION IN THE ACTION "BIXBY ET AL VS
BENT, ET AL, CASE NO. 2373, IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID
STATE IN AND FOR SAID COUNTY, AND ENTERED IN BOOK 4 PAGE 57 OF JUDGMENTS IN THE
SUPERIOR COURT OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO PENN
LAND CO., ET AL., RECORDED ON JULY 6, 1956 AS INSTRUMENT NO. 2266, IN BOOK 51659 PAGE 148
OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE
ALONG THE NORTHWESTERLY LINE OF THE LAND DESCRIBED IN SAID DEED SOUTH 50°11' 26"
WEST 859.04 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHWESTERLY
LINE SOUTH 74° 50' 00" EAST 226.76 FEET; THENCE SOUTH 15° 10' 00"WEST 104.34 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 190
FEET; THENCE SOUTHERLY AND SOUTHEASTERLY ALONG SAID LAST MENTIONED CURVE,
THROUGH A CENTRAL ANGLE OF 790 43' 30" AN ARC DISTANCE OF 264.38 FEET; THENCE TANGENT
TO SAID LAST MENTIONED CURVE SOUTH 64° 33' 30" EAST 328.23 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 635 FEET; THENCE
SOUTHEASTERLY, SOUTHERLY AND SOUTHWESTERLY ALONG SAID LAST MENTIONED CURVE,
THROUGH A CENTRAL ANGLE OF 86° 54' 00" AN ARC DISTANCE OF 963.10 FEET; THENCE TANGENT
TO SAID LAST MENTIONED CURVE, SOUTH 22° 20' 30" WEST 110.82 FEET TO THE BEGINNING OF
A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 610 FEET; THENCE
SOUTHWESTERLY ALONG SAID LAST MENTIONED CURVE, THROUGH A CENTRAL ANGLE OF 90 29°
50" AN ARC DISTANCE OF 101. 1 EET; THENCE TANGENT TO SAID LAST MENTIONED CURVE
18
99 0480301.
90 0
9820150-52, SD, AE -November 5, 1998
SOUTH 31 : 50' 20" WEST 163.27 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHEASTERLY AND HAVING A RADIUS OF 200 FEET; THENCE SOUTHWESTERLY ALONG SAID
LAST MENTIONED CURVE, THROUGH A CENTRAL ANGLE OF 14° 54' 10" AN ARC DISTANCE OF 52.02
FEET; THENCE RADIAL TO SAID LAST MENTIONED CURVE, NORTH 73° 03' 50" WEST 142 FEET;
THENCE NORTH 89° 58' 00" WEST 495.62 FEET TO THE ORDINARY HIGH TIDE LINE OF THE PACIFIC
OCEAN; THENCE FOLLOWING SAID ORDINARY HIGH TIDE LINE IN A GENERAL NORTHERLY
DIRECTION TO THE NORTHWESTERLY LINE OF THE LAND DESCRIBED IN SAID DEED RECORDED
IN BOOK 51659 PAGE 148 OFFICIAL RECORDS; THENCE ALONG SAID NORTHWESTERLY LINE,
NORTH 50: 11' 26" EAST 427.93 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 10:
THAT PORTION OF LOT "H" OF THE RANCHO LOS PALOS VERDES, IN THE CITY OF RANCHO PALOS
VERDES, ALLOTTED TO JOTHAM BIXBY BY DECREE OF PARTITION IN THE ACTION "BIXBY ET AL VS
BENT, ET AL, CASE NO. 2373, IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID
STATE IN AND FOR SAID COUNTY, AND ENTERED IN BOOK 4 PAGE 57 OF JUDGMENTS IN THE
SUPERIOR COURT OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO PENN
LAND CO., ET AL., RECORDED ON JULY 6, 1956 AS INSTRUMENT NO. 2266 IN BOOK 51659 PAGE 148
OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID
CORNER BEING A POINT IN THE SOUTHWESTERLY LINE OF PALOS VERDES DRIVE WEST AS
DESCRIBED IN THE DEED TO SAID COUNTY OF LOS ANGELES RECORDED IN BOOK 11403 PAGE
86 OF SAID OFFICIAL RECORDS, SAID SOUTHWESTERLY LINE BEING A CURVE CONCAVE TO THE
SOUTHWEST AND HAVING A RADIUS OF 3575.00 FEET; THENCE SOUTHEASTERLY ALONG SAID
CURVED SOUTHWESTERLY LINE OF PALOS VERDES DRIVE WEST 1097.36 FEET TO THE END OF
SAID CURVE; THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE TANGENT TO SAID CURVE
SOUTH 23° 29' 54" EAST 1606.31 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID
SOUTHWESTERLY LINE SOUTH 64° 08' 20" WEST 214.87 FEET; THENCE NORTH 25° 51' 40" WEST
40.00 FEET; THENCE SOUTH 64° 08' 20" WEST 155.58 FEET; THENCE SOUTH 25° 25' 20" EAST 47.71
FEET; THENCE SOUTH 64° 34' 40" WEST 164.00 FEET; THENCE NORTH 25° 25' 20" WEST 48.79 FEET;
THENCE SOUTH 64° 38' 10" WEST 214.54 FEET; THENCE NORTH 25° 21' 50" WEST 10.00 FEET;
THENCE SOUTH 64° 38' 10" WEST 115.00 FEET; THENCE SOUTH 69° 14' 00" WEST 160.31 FEET TO
THE BEGINNING OF A NON -TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 800
FEET, A RADIAL LINE TO THE BEGINNING OF SAID LAST MENTIONED CURVE BEARS NORTH 69° 14'
00" EAST; THENCE SOUTHERLY ALONG SAID LAST MENTIONED CURVE, THROUGH A CENTRAL
ANGLE OF 18° 58' 33" AN ARC DISTANCE OF 264.95 FEET; THENCE RADIAL TO SAID LAST
MENTIONED CURVE SOUTH 88° 12' 35" WEST 373.74 FEET TO THE ORDINARY HIGH TIDE LINE OF
THE PACIFIC OCEAN; THENCE FOLLOWING SAID ORDINARY HIGH TIDE LINE IN A GENERAL
SOUTHERLY DIRECTION TO THE MOST SOUTHERLY CORNER OF THE LAND DESCRIBED IN SAID
DEED RECORDED IN BOOK 51659 PAGE 148 OF SAID OFFICIAL RECORDS; THENCE ALONG THE
SOUTHERLY LINE OF THE LAND DESCRIBED IN SAID LAST MENTIONED DEED, NORTH 82° 30' 35"
EAST 1727.14 FEET TO THE WESTERLY LINE OF PALOS VERDES DRIVE WEST AS DESCRIBED IN
SAID DEED RECORDED IN BOOK 11403 PAGE 86 OF SAID OFFICIAL RECORDS; THENCE ALONG SAID
WESTERLY AND SOUTHWESTERLY LINES, NORTHERLY ALONG A CURVE THEREIN CONCAVE
WESTERLY HAVING A RADIUS OF 725 FEET AN ARC DISTANCE OF 677.80 FEET AND TANGENT TO
SAID LAST MENTIONED CURVE NORTH 23° 29' 54" WEST 991.79 FEET TO THE TRUE POINT OF
BEGINNING.
l
99 045Q301
EXHIBITS 'B' and 'C'
RESOLUTION NO. 92-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS vraiDES CERTIFYING ENVIRONMENTAL
IMPACT REPORT NO. 35 AND MAKING LERTAIN ENVIRONMENTAL
FINDINGS IN CONNECTION WITH VESTING TENTATIVE TRACT
MAP NO. 46628, CONDITIONAL USE PERMIT NO. 158,
COASTAL PERMIT NO. 94 AND GRADING NO. 1439 FOR A 79
LOT RESIDENTIAL PLANNED DEVELOPMENT LOCATED ON THE
.NORTHWEST CORNER OF PALOS VERDES DRIVE WEST AND
HAWTHORNE BOULEVARD.
WHEREAS, H.M.D.I, Inc. has requested approval of a Vesting
Tentative Tract Map, Conditional Use Permit, Coastal Permit and
Grading Permit to allow a Residential Planned Development (RPD)
on a 132 acre site located on Palos Verdes Drive West, northwest
of Hawthorne Boulevard; and
WHEREAS, a Draft Environmental Impact Report was prepared
and circulated for 45 days from September 6, 1991 to October 23,
1991, in order to receive written comments on the adequacy of
the document from responsible agencies and the public; and
WHEREAS, the Planning Commission held a public hearing on
October 22, 1991 in order to receive public testimony on the
Draft Environmental Impact Report, at which time all interested
parties were given an opportunity to address the Planning
Commission; and
WHrAEAS, a Final Environmental Impact Report was prepared,
including written responses to all comments that were received
on the Draft Environmental Impact Report during the circulation
period, a mitigation monitoring program, a statement of
overriding considerations and all Planning Commission staff
reports, which was provided to the Planning Commission on
January 14, 1992 and the Planning Commission considered the
content and conclusions contained in the Final Environmental
Impact Report at the hearing of January 14 and February 5, 1992,
prior to recommending certification of Environmental Impact
Report No. 35 to the City Council; and
WHEREAS, the City Council considered the content and
conclusions contained in Environmental Impact Report No. 35 at
the public hearing held on March 3, 1992.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
99 0480301
Section 1: The EIR identifies as a potential significant
environmental impact the cumulative effect of urban runoff from
the project on the local marine environment, when combined with
other area urban runoff. Changes or alterations have been
required in, or incorporated into, the project which avoid or
substantially lessen this cumulative impact. However, it is not
possible to entirely eliminate this impact. Furthermore, a
statement of overriding considerations will be adopted as
discussed in Section 13. Prior to the issuance of grading
permits, the developer will be required to submit a Runoff
Management and Water Quality Plan for review and approval by the
City's Director of Public Works, with concurrent submittal to
the State Lands Commission. In addition, the on-site drainage
system will be designed to reduce suspended particles carried in
the urban runoff through the installation of stable drainage
structures prior to discharging the water into the rocky
intertidal zone at ocean level.
Section 2: The EIR identifies as a potential significant
environmental impact the effect of short-term construction
activities on air quality, due to fugitive dust generated by
grading activity and air pollutants generated by heavy equipment
and construction vehicle use which would exceed SCAQMD emission
thresholds. Changes or alterations have been required in, or
incorporated into, the project which avoid or substantially
lessen this impact. However, it is not possible to entirely
eliminate this impact. Furthermore, a statement of overriding
considerations will be adopted as discussed in Section 13. The
developer will implement a variety of measures to reduce
fugitive dust and air pollutants, such asa regular site,
watering program, covering access roads with gravel, limiting
on-site vehicle speeds during construction, periodically
sweeping the public streets in the vicinity, using low sulfur
fuels and following all SCAQMD and Air Resources Board
requirements for dust control.
Section 3: The EIR identifies as a potential significant
environmental impact the cumulative effect of air emissions
associated with stationary and mobile sources, such as
residential heating and cooling systems and resident and visitor
vehicle trips to and from the development. Changes or
alterations have been required in, or incorporated into, the
project which avoid or substantially lessen this impact.
However, it is not possible to entirely eliminate this impact.
Furthermore, a statement of overriding considerations has been
adopted as discussed in Section 13. The developer will make
improvements to the intersection of Palos Verdes Drive West and
Hawthorne Boulevard to allow through or left turns in order to
mitigate future traffic impacts, which will result in a Level of
Service C for the weekend peak hour.
f 4
99 045030'
Resolution No. 92-25
Page 2 of 6
Section 4: The Draft EIR identifies as a potential
significant environmental impact the effect of the original 93
lot tract map design on common and uncommon biological
resources, including a wetlands area and the territory of a
resident pair of California gnatcatchers. Changes or
alterations have been required in, or incorporated into the
revised 79 lot tract map design which avoid or substantially
lessen this impact to an insignificant level. The existing
wetlands area, coastal sage scrub habitat of the California
gnatcatcher and the coastal bluff scrub habitat areas have been
preserved within common open space lots. In addition to
preserving the existing habitat areas on the site, the developer
will implement a coastal sage scrub re -vegetation and habitat
improvement plan which will be reviewed and approved by the U.S.
Fish and Wildlife Service. Grading of the project site will not
be conducted during the breeding season of the California
gnatcatcher in order to minimize disturbance to the birds. In
order to protect the sensitive coastal bluff and marine habitat
areas, human access to the sensitive coastal bluff scrub will be
reduced by installing an open guardrail along the bluff top and
urban runoff and siltation will be controlled with stable.
drainage structures which prevent erosion and reduce suspended
particles prior to discharge into the rocky intertidal zone at
ocean level.
Section 5: The EIR identifies as a potential significant
environmental impact the effect of short-term construction
activities on off-site noise levels, due to an estimated eight
month site preparation phase and eighteen month construction
phase. Changes or alterations have been required in, or
incorporated into, the project which avoid or substantially
lessen this impact. However, it is not possible to entirely
eliminate this impact. Furthermore, a statement of overriding
considerations will be adopted as discussed in Section 13. The
developer will provide on-site staging areas to minimize off-
site transportation of heavy construction equipment, which will
be located to maximize the distance between the activity area
and adjacent residential areas. The City Engineer will review
and approve all truck and equipment routes to minimize the
number of affected residential areas for all construction
personnel travelling to and from the project site.
Section 6: The EIR identifies as a potential significant
environmental impact the effect of long-term increases in off-
site noise levels which are currently in excess of state noise
guidelines for residential land uses due to vehicular traffic on
Palos Verdes Drive West. However, it is not possible to reduce
or eliminate this impact. Furthermore, a statement of
overriding considerations will be adopted as discussed in
Section 13.
99 0480301
Resolution No. 92-25
Page 3 of 6
1)1
Section 7: The EIR identifies as a potential significant
environmental impact the effect of the proposed project on water
service due to the current drought situation. However, it is
not possible to entirely eliminate this impact. Furthermore, a
statement of overriding considerations will be adopted as
discussed in Section 13. Landscape and irrigation plans for the
public and common open space areas will incorporate a variety of
water conservation measures such as drought tolerant plant
material, low -flow irrigation systems and a minimum use of lawn.
Individual property owners will be required to include interior
water conservation measures in household plumbing devices and
appliances.
Section 8: The Draft EIR identifies as a potential
significant environmental impact the effect of the original 93
lot tract map design on visual resources, including views of the
bluff top, ocean and the Point Vicente Lighthouse from Palos
Verdes Drive West and the residential area to the east of the
subject property. Changes or alterations have been required in,
or incorporated into the revised 79 lot tract map design which
avoid or substantially lessen this impact to an insignificant
level. Residential structures located nearest to Palos Verdes
Drive and the coastal bluff top will be limited to a maximum
height of 16 feet, where two story homes are permitted, the
second story floor area will be limited to reduce the visual
effect of the higher building mass and create wider visual
corridors between adjacent homes and common area landscaping
adjacent to Palos Verdes Drive West will be limited to
groundcovers and small shrubs.
Section 9: A mitigation monitoring program has been
prepared for the proposed project to ensure that the mitigation
measures incorporated into the project will be properly
implemented. Exhibit "A" hereto contains the mitigation
monitoring program approved by the City Council, pursuant to the
California Environmental Quality Act and which is incorporated
herein by reference.
Section 10: In addition to the mitigation measures required
in the EIR, other development measures have been identified and
are incorporated in Exhibit "A". The developer and individual
property owners are encouraged to implement these development
measures to further reduce other environmental impacts which
were identified in the EIR, but were not found to be
significant.
Section 11: In addition to the mitigation measures required
in the EIR, other mitigation measures appeared in the Draft EIR
for the original 93 lot tract map design. Upon evaluation of
the revised 79 lot tract map design, these mitigation measures
were found to be no longer necessary or applicable, as the new
tract map design avoids the impacts associated with these
99 0480301
Resolution No. 92-25
Page 4 of 6
measures, that would have resulted from the original design.
The mitigation measures that no longer apply to the revised
tract map design are referred to in Exhibit "A".
Section 12: The EIR examined eight project alternatives:
the No Project alternative, six alternative site configurations
and one alternative site location. The EIR concluded that the
environmentally superior alternative was Alternative 1, the No
Project alternative, since it generates the least environmental
impacts. As required by CEQA, if the No Project alternative is
selected as the environmentally superior project, then a second
alternative must be selected. After the No Project alternative,
the second environmentally superior project was determined to be
Alternative 3, a reduced density, single family alternative with
70 residential lots. The City Council rejected the No Project
alternative as infeasible, as defined in CEQA Section 15364,
since it would not further the goals of the Coastal Specific
Plan to provide public recreational amenities and adequate
public access along the coastline. Although Alternative 3
resulted in fewer single family residential lots, the City
Council also rejected this alternative since the proposed tract
design would not provide a bluff road, protect view corridors or
preserve sensitive habitat areas on the site. Therefore, the
City Council finds that the preferred alternative is the revised
79 lot tract map design, since it complies with the goals of the
Coastal Specific Plan and reduces the impacts to biological and
visual resources identifies in the EIR to an insignificant
level.
Section 13: The recreational amenities, hydrological
benefits and housing opportunities provided by the project
outweigh any unavoidable adverse impacts that may occur. Public
recreational amenities including the provision of vehicular
access to the coastline, public parking, dedicated trails, vista
points and passive recreational opportunities which are not
currently available on the site. Hydrologic improvements
include correcting existing drainage deficiencies on the site
which have caused severe erosion in the past. In addition, the
project implements the RS-1/RPD designation of the site in the
General Plan and Coastal Specific Plan, providing a high quality
residential development while preserving 53% of the site as open
space, including sensitive habitat areas. Exhibit "B" hereto
contains findings regarding the environmental effects and a
statement of overriding considerations, pursuant to the
California Environmental Quality Act, which has been reviewed by
the City Council and incorporated herein by this reference.
Section 14: That Environmental Impact Report No. 35, which
has been reviewed by the City Council, includes the documents
titled Final Environmental Impact Report No. 35, Draft
Environmental Impact Report No. 35, the list of persons and
organizations consulted by the City upon the completion of the
Resolution No. 92-25
99 0480301 Page 5 of 6
Draft EIR, any comments received, the written responses to the
comments receivedand all staff reports that were prepared for
the Planning Commission and City Council.
Section 15: For the foregoing reasons, and based on the
information and findings contained in the public record,
including the Draft and Final Environmental Impact Report, staff
reports, minutes, records of the proceedings and evidence
presented at the public hearings, the City Council of the City
of Rancho Palos Verdes has reviewed and considered the
information contained in the Draft and Final Environmental
Impact Reports and hereby -finds that said documents were
completed in compliance with California Environmental Quality
Act and State and local guidelines and hereby certifies
Environmental Impact Report No. 35.
PASSED, APPROVED and ADOPTED this 17th day of March, 1992.
/S/ JOHN C. McTAGGART
MAYOR
ATTEST:
aJO PURCELL
TY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF RANCHO PALOS VERDES)
I , , Jo Purcell, City Clerk of the City of Rancho Palos Verdes,
hereby certify that the above Resolution No. 92-25
was duly and regularly passed and adopted by the said City
Council at a regular meeting hereof held on March 17, 1992.
CITY CLERK, CITY OF RANCHO PALOS VERDES
Resolution No. 92-25
Page 6 of 6
99 0480301'
RESOLUTION NO. 92-25
EXHIBIT "A"
MITIGATION MONITORING PLAN
for
VESTING TENTATIVE ii(ACT 46628
MARCH 17, 1992
Prepared for:
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90274
Prepared by:
Impact Sciences, Inc.
267 West Hillcrest Drive, First Floor
Thousand Oaks, CA 91360
Reviewed by:
Myra Frank and Associates
811 West Seventh Street, Suite 800
Los Angeles, CA 90017
99 0480301'
TABLE OF CONTENTS
'3
Stction Page No,
1.0 Introduction 1
r
2.0 Mitigation Monitoring Plan 2
3.0 Non -Conformance Penalty 25
4.0 Monitoring Compliance/Reporting Forms 26
5.0 Development Measures and Mitigation Measures No Longer Applicable 28
99 0480301'
(e
1.0 INTRODUCTION
Section 21081.6 of the California Public Resources Code requires public agencies who have
prepared an environmental impact report(EIR) or mitigated negative declaration (MND) for a
project, to adopt a mitigation monitoring or reporting program for that project. The purpose of
the mitigation monitoring effort is to ensure that the measures identified in the EIR or MND to
mitigate the potentially significant environmental effects of the project are, in fact, properly
carried out. In its findings concerning the environmental effects of a project for which an EIR or
MND was prepared, a Lead Agency must also include a finding that a mitigation monitoring or
reporting program has been prepared and provides a satisfactory program that will ensure
avoidance or sufficient reduction of the significant environmental effects of the project.
The following mitigation monitoring plan provides a single reference point for all entities who
will be involved in the implementation of the measures identified in the Final EIR for Vesting
Tentative Tract 46628 (State Clearinghouse Number 91031057), which would mitigate the
potentially significant environmental effects of this project. It will serve as the "guidebook"
for the City of Rancho Palos Verdes and the project applicant to ensure that all of these
measures are properly implemented, at the proper time.
Several measures listed in the Final EIR do not appear in this plan, since they are not required
to mitigate potentially significant effects, but would help to reduce the overall magnitude of
certain impacts that would further general environmental quality objectives. Such measures
are referred to by the City of Rancho Palos Verdes as "Development Measures, " which the
subdivider is encouraged to implement, but which do not require formal monitoring or
enforcement to prevent a significant impact on the environment. A list of these measures is
presented in Section 5.0. Also, several other mitigation measures originally identified in the
Draft EIR have been deleted entirely, as they are no longer necessary due to the avoidance of
certain impacts in the revised 79 -lot tract map design. These measures are also listed in Section
5.0.
EXHIBIT
1 99 04803Q]'
2.p MIlIGATION
MoNhb01G PLAN
99 0480301
MITIGATION MONITORING PLAN
Vesting Tentative Tract 46628
EIR
Page
No. Description of Adverse Impacts
6-2 GEOTECHNICAL
he geology report prepared for this
eject by Karl Vonder Linden, Ph.D.
ovember, 1989) entitled Geology of
VMs Rancho Palos Verdes Venture 1
C.ircel. City of Rancho Palos Verdes
(Appendix C) has identified some
small portions of the bluff edge as
being unsuitable for development.
However, the report concludes that
the majority of the site is stable and
suitable for the type of development
that is proposed, with proper
mitigation measures, and that the
proposed subdivision plan is located
completely landward of the coastal
setback line, outside of the seacliff
area.
•
1.
Mitigation Measures and
Conditions of Approval
Grading practices shall follow
those recommended in Chapter 70
of the Uniform Building Code
(UDC) and the current standards
of the City of Rancho Palos
Verdes.
2. Grading shall be performed under
the direct supervision of a
Certified Engineering Geologist or
a Registered Civil Engineer.
3. Compaction of all fills shall be
inspected in the field by a trained
soil technician using currently
accepted testing methods.
4. Where old fill (1972 vintage)
exists in areas to be graded, these
materials shall be inspected for
integrity, and if and where these
units are determined to be
unsatisfactory, they shall be
removed and recompacted.
5. All lots shall be graded so that
water drains away from
structures.
Monitoring
Action
Ilan Check, Field
Inspection
Field Inspection
Field Inspection
Field Inspection
Ilan Check, Field
Inspection
Party
Responsible
for 1.
Implementing 2.
Mitigation 3.
Enforc ement Agency
Monit :ring Agency
Monitoring Phase
Subdivider 1. City ( f Rancho Palos Verdes
2. City ( 1 Rancho l'alos Verdes
3. Cradi ig plan check; grading
Subdivider 1. City ,f Rancho Palos Verdes
2. City .1 Rancho Palos Verdes
3. Grail ng
Subdivider 1. City of Rancho Palos Verdes
2. City of Rancho Palos Verdes
3. Grading
Subdivider 1. City of Rancho Palos Verdes
2. City of Rancho l'alos Verdes
3. Grading
Subdivider 1. City of Rancho Palos Verdes
2. City of Rancho Palos Verdes
3. Grading plan check; grading
EXHIBIT "A" RESOL. NO. 92-25
Page 3
MITIGATION MONITORING PLAN
Vesting Tentative Tract 46628
EIR
Page
"Jo. Description of Adverse Impacts
• GEOTECHNICAL (cont.)
Mitigation Measures and
Conditions of Approval
6. All vegetative material and
loose soil shall be removed from
the affected areas prior to the
placing of any fill.
Monitoring
Action
Field Inspection
7. The area of soil -piping and Field Inspection
collapse in the southeastern part
of the property shall. be
mitigated prior to or during
grading.
8. Expansive soils shall be
identified and grading shall be
staged so as to minimize their
effects. F=oundation designs shall
incorporate appropriate measures
to counteract any expansive soil
characteristics.
9. Transition (cut -fill) lots shall be
over excavated and back-filled
with engineered fill as necessary.
10. No oversteepened or unstable
slope shall be created by grading.
Plan Check, Field
Inspection
Field Inspection
Plan Check, Field
Inspection
Party
Responsible
for 1.
Implementing 2.
Mitigation 3.
Subdivider 1.
2.
3.
Subdivider 1.
2.
3.
Enforcement Agency
Monitoring Agency
Monitoring Phase
City of Rancho Palos Verdes
City of Rancho Palos Verdes
Grading
City of Rancho Palos Verdes
City of Rancho Palos Verdes
Crading
Subdivider 1. City of Rancho Palos Verdes
2 City of Rancho Palos Verdes
3. Crading and building plan
check; field inspection
Subdivider 1. City of Rancho Palos Verdes
2. City of Rancho Palos Verdes
3. Grading
Subdivider 1. City of Rancho Palos Verdes
2. City of Rancho Palos Verdes
3. Crading plan check; field
inspection
Page 4
MITIGATION MONITORING PLAN
Vesting Tentative Tract 46628
El R
Page
No. Description of Adverse Impacts
6-2 GEOTECHNICAL (cont.)
•
•
Mitigation Measures and
Conditions of Approval
11. An erosion control plan shall be
prepared by the subdivider and
lie subject to app.roval app1oued by the City Engineer,
which shall include, but not be
limited to, sand bags, construction
of temporary berms and ditches,
placement of temporjny pipes,
temporary use of plastic or gunite
linings, etc. The plan shall
specify when and where sand
bags and other control devices are
to be in place, the stockpiling of
bags and other items, and any
other control measures as
specified by the City Engineer.
12. "As- graded" soils and geologic
maps shall be prepared by a
Registered Civil Engineer, at the
termination of grading, and
submitted to the City's Building
Official, to be placed on file in
the City's Building and Safety
Department.
13. No blasting or rock -crushing
activities shall be permitted.
Monitoring
Action
Plan Check, Field
Inspection
Verify receipt of maps
Ilan Check, Field
Inspection
EXHIIBIT "A"
I'a rty
Responsible
for
Implementing
Mitigation
Subdivider
Subdivider
Subdivider
1. Enforcement Agency
2. Monitoring Agency
3. Monitoring Phase
1. City of Rancho Palos Verdes
2. City of Rancho Palos V..rdes
3. Crading plan check; field
inspection
1. City of Rancho Palos Verdes
2. City of Rancho Palos Verdes
3. Post -gradin
1. City of Rancho Palos Verdes
2. City of Rancho Palos Verdes
3. Grading plan check; held
inspection
RESOL. NO. 92-25
Pap. 5
MITIGATION MONITORING PLAN
Vesting Tentative Tract 46628
EIR
Page
Description of Adverse Impacts
06 HYDROLOGY
Construction of the proposed project
would result in increased on-site peak
discharges during a design -year storm
which would be channeled from the
project site to the Pacific Ocean. The
increased runoff and types of storm
drainage facilities proposed as part
of this project would have no adverse
or significant on-site or off-site
impacts if the facilities are designed
to accommodate upstream flows in
accordance with Los Angeles County
Flood Control District and City
Engineer criteria and if the
recommended mitigation measures are
properly implemented.
Mitigation Measures and
Conditions of Approval
14. All stormwater conveyance
systems proposed on the project
site and in t'alos Verdes Drive
shall be designed in accordance
with the most current standards
and criteria of the City Engineer
and the Los Angels County Flood
Control District.
15. Prior to the issuance of grading
permits, the subdivider shall
submit Runoff Management and
Water Quality Control Plans, for
review and approval by the City
of Rancho Palos Verdes Director
of Public Works: These plans
shall include a variety of
measures intended to mitigate the
effects of erosion, siltation, urban
runoff, and flooding, relative to
both on and off-site impacts. The
subdivider will provide a copy of
these plans to the State Lands
Commission, coincident with the
submittal to the City of Rancho
Palos Verdes.
Monitoring
Action
Ilan Check
Ilan Check
Party
Responsible
for 1.
Implementing 2.
Mitigation 3.
Subdivider 1.
2.
3.
Enforcement Agency
Monitoring Agency
Monitoring Phase
City of Rancho Palos Verdes
City of Rancho Palos Verdes
Storm Drain System I'tan
Check
Subdivider 1. City of Rancho Palos Verdes
2. City of Rancho Palos Verdes
3. Storm Drain System Plan
Check
Page 6
99 0480301'
cc)
MITIGATION MONITORING PLAN
Vesting Tentative Tract 46628
EIR
Page
No. Description of Adverse Impacts
6-46 1 IYDROLOGY (cont.)
•
•
Mitigation Measures and
Conditions of Approval
16. 1f it is found that the on-site
swale near the southern boundary
of the project site has inadequate
capacity to handle upstream and
project site flows during a design -
year storm, the swale shall be
improved to handle these flows
prior to issuance of project
building permits.
17. All building pads shall be
elevated at least twelve inches
(or as recommended by the City of
Rancho Palos Verdes) above their
immediately surrounding
finished grade to protect them
from overland storm flows.
18. The rear yard storm drains and
drainage easements shall be
dedicated to the City of Rancho
Palos Verdes and remain
accessible for periodic
maintenance by responsible
agencies.
Monitoring
Action
Ilan Check, Field
Inspection
Plan Check, Field
Inspection
Ilan Check, Field
Inspection
EXHIBIT "A"
Party
Responsible
for 1.
implementing 2.
Mitigation 3.
Subdivider 1.
2.
3.
Enforcement Agency
Monitoring Agency
Monitoring Phase
City of Rancho Palos Verdes
City of Rancho Palos Verdes
Storm Drain System flan
Check, Field Inspection
Subdivider 1. City of Rancho Palos Verdes
2. City of Rancho Palos Verdes
3. Grading plan check; field
inspection
Subdivider
1. City of Rancho Palos Verdes
2. City of Rancho Palos Verdes
(easements), 1lomeowners
Association (maintenance)
3. Final Map Check, Post
Development and ongoing
RESOL. NO. 92-25
Page 7
99 0480301
MITIGATION MONITORING PLAN
Vesting Tentative Tract 46628
EIR
Page
No. Description of Adverse Impacts Conditions of Approval
Mitigation Measures and
4,46
HYDROLOGY (cont.)
19. CC&Rs shall be prepared by the
subject to approval subdivider,,ap-pFciued--by the
Director of Public Works and
recorded with the Final Map
which includes, among other
provisions, a condition requiring
all owner/tenants of lots where
stormwater flows to rear yards, to
prevent obstruction to flows to
the rear yard storm drain and to
ensure that the rear yard storm
drains remain accessible for
periodic maintenance by Los
Angeles County Department of
Public Works.
20. CC&&Rs shall be prepared by the
subdivider, approved by the
Director of Public Works and
recorded with the final snap,
which include, among other
provisions, the requirement that
maintenance responsibility for
the downdrain outlet structure
shall be by the on-site
homeowners association.
Monitoring
Action
Check Final Map
Check Final Map
Party
Responsible
for 1.
Implementing 2.
Mitigation 3.
Subdivider 1.
3.
Subdivider
Enforcement Agency
Monitoring Agency
Monitoring Phase
Homeowners Association
(maintenance)
City of Rancho Palos Verdes
(easements)
Final Map Check
1. Homeowners Association
2. City of Rancho Palos Verdes
3. Final Map Check
Page H
MITIGATION MONITORING PLAN
Vesting Tentative Tract 46628
EIR
Page
No. Description of Adverse Impacts
6-46 HYDROLOGY (cont. )
•
•
Mitigation Measures and
Conditions of Approval
21. If necessary, improvements shall
be made to Palos Verdes Drive
West to ensure that it can retain
surface flows during a 50 -year
frequency storm so that no water
overflows the street onto lots
fronting onto Palos Verdes Drive
West.
22. In accordance with Section 16(X)
et. Seq. of the California Fish
and Game Code, the State
Department of Fish and Game
shall be notified and any
necessary permits obtained, prior
to commencement of grading or
vegetation removal within the
major drainage courses crossing
the project site.
23. Pursuant to Section 404 of the
Federal Clean Water Act, the
applicant shall contact the U.S.
Army Corps of Engineers, prior to
commencement of grading, to
determine their jurisdiction and
permit requirements, if any,
relative to alteration of the on-
site drainage areas.
Monitoring
Action
Check Storm Drain
Plans
Party
Responsible
for 1.
Implementing 2.
Mitigation 3.
Subdivider 1.
2.
3.
Enforcement Agency
Monitoring Agency
Monitoring Phase
City of Rancho Palos Verdes
City of Rancho Palos Verdes
Storm Drain Plan Check
Verify receipt of 1603 Subdivider 1. California Department of Fish
Permit and Came
2. City of Rancho Palos Verdes
3. Grading plan check
Verify compliance with Subdivider
Army Corps
requirements
EXHIBIT "A" RESOL. NO. 92-25
1. U.S. Army Corps of Engineers
2. City of Rancho I'alos Verdes
3. Grading plan check
Page 9
MITIGATION MONITORING PLAN
Vesting Tentative Tract 46628
EIR
Page
No. Description of Adverse Impacts
e5
AIR QUALITY
Short-term air quality in the form of
fugitive dust generated by grading
activity and air pollutants generated
by heavy equipment and construction
vehicle use would exceed SCAQMD
emission thresholds. Long-term
emissions associated with project
traffic would not be significant.
Mitigation Measures and
Conditions of Approval
24. Implement a regular watering
program to reduce fugitive dust.
Water graded portions of the
project site once during the work
day and at the end of the work
day to create a "crust" surface.
This is estimated to reduce the
amount of dust generated by up to
50 percent.
25. Cease all clearing, grading, earth
moving, or excavation operations
during periods of high winds
(i.e., Santa Ana winds 30 mph or
greater in one hour).
26. Cover site access roads with
gravel during all construction
periods.
30. Periodically sweep public streets
in the vicinity of the site to
remove silt (i.e., fine earth
material transported from the
site by wind, vehicular
activities, water runoff, etc.)
which may have accumulated
from construction activities.
32. Use low sulfur fuel (0.05 percent
by weight) for construction
equipment.
Monitoring
Action
Field Inspection
Field Inspection
Field Inspection
Field Inspection
Verify Fuel Mix
Party
Responsible
for 1.
Implementing 2.
Mitigation 3.
Enforcement Agency
Monitoring Agency
Monitoring Phase
Subdivider 1. City of Rancho Palos Verdes
2. City of Rancho Palos Verdes
3. Crading
Subdivider 1. City of Rancho !'ales Verdes
2. City of Rancho Palos Verdes
3. Grading
Subdivider 1. City of Rancho Palos Verdes
2. City of Rancho Palos Verdes
3. Grading
Subdivider 1. City of Rancho Palos Verdes
2. City of Rancho Palos Verdes
3. Grading, site preparation
Subdivider 1. City of Rancho Palos Verdes
2. City of Rancho Palos Verdes
3. Grading site preparation
Page 10 I
"*.
MITIGATION MONITORING PLAN
Vesting Tentative Tract 46628
EIR
Page Mitigation Measures and
No. Description of Adverse Impacts Conditions of Approval
6-65 AIR QUALITY (cont.) 34. Discontinue grading during second Field Inspection
stage smog alerts.
Monitoring
•
Long term emissions generated by both
mobile and stationary sources would
not exceed SCAQMD emission
thresholds. Since the project site is
located within a non -attainment
airshed, however, the City considers
any long-term increase in emissions to
be .t significant impact on local air
quality.
•
35. Follow all County of Los Angeles,
SCAQMD, and Air Resources
Board (ARD) requirements for
dust control to ensure the proper
and appropriate level of
mitigation is applied at all
times.
37. Implement all transportation
improvement measures identified
in Section 6.7 (Traffic and
Circulation) of this EIR,
• The intersection of Palos
Verdes Drive and Hawthorne
Boulevard is the only one of
the three studied intersections
requiring mitigation.
Modification of the westbound
through lane to allow through
or left turns would mitigate
future traffic impacts with or
without proposed
development. Implementation
of this measure would result in
Level of Service C (with a
volume to capacity ratio of
0.76) for the weekend peak
hour.
Field Inspection
Party
Responsible
for
Implementing
Mitigation
Subdivider
Siibdsysder
Street Improvements Subdivider
Plan Check, Field
Inspection
to Hawthorne Boulevard
1. Enforcement Agency
2. Monitoring Agency
3. Monitoring Phase
1. City of Rancho Palos Verdes
2. City of Rancho Palos Verdes
3. Grading
1. City of Rancho Palos Verdes
2. City of Rancho Palos Verdes
3. Grading
1. City of Rancho Palos Verdes
2. City of Rancho Palos Verdes
3. Street Improvements flan
Check, Site Preparation
EXHIBIT "A" RESOL. NO. 92-25
Page 11
MITIGATION 1VIONITORING PLAN
Vesting Tentative Tract 46628
EIR
Page
No. Description of Adverse Impatts
41-102 BIOLOGICAL RESOURCES
Implementation of the project as
proposed would result in. the
elimination of both common and
uncommon biological resources
including the territory of a resident
pair. of California gnatcatchers, a
very rare and sensitive species.
Mitigation Measures and
Conditions of Approval
45. Utilize plant species native to
the area in landscaping,
wherever feasible. Plant species
shall be selected from a list
recommended by the South Coast
Chapter of the California
Native Plant Society. This
would offset the loss of native
vegetation incurred by
implementation of the project,
and also would serve to increase
the usefulness of the site for local
wildlife.
Monitoring
Action
Review Landscape Plan
46. In the open space area of the site Verify approval of plan
currently being used by the by USFWS
California gnatcatcher (Lot 80 on
the revised 79 -lot tract map), a
revegetation and habitat
improvement plan shall be
implemented as -seen -as -possible, prior to the issuance of grading permits
focusing on the habitat
preferences of the California
gnatcatcher. This plan shall be
reviewed and approved by the
U.S. Fish and Wildlife Service
prior to implementation. The
Service shall determine the total
acreage to be included in the
restoration area. Native shrub
Party
Responsible
for
Implementing
Mitigation
Subdivider
1. Enforcement Agency
2. Monitoring Agency
3. Monitoring Phase
1. City of Rancho Palos Verdes
2 City of Rancho Palos Verdes
1 Landscape Plan Check
Subdivider 1. USFWS
2 City of Rancho Palos Verdes
3. Landscape Plan Check
Page 12
MITIGATION MONITORING PLAN
Vesting Tentative Tract 46628
El
Page
No. Description of Adverse Impacts
6-102 BIOLOGICAL RESOURCES (cont.)
Mitigation Measures and
Conditions of Approval
Party
Responsible
for 1. Enforcement Agency
Monitoring Implementing 2. Monitoring Agency
Action Mitigation 3. Monitoring Phase
species, particularly California
sage (Arteinesia californica)
shall be used as a primary
component of this revegetation
effort. The habitat should be
provided in contiguous blocks,
rather than linear strips, a
minimum of 3.873 acres in size.
Provisions to prevent erosion and
control weeds shell be included in
the revegetation plan. Structural
characteristics of the plantings
would be based on the
characteristics of the area
presently used by the
gnatcatchers. Measures to control
predators, barriers to human
access, noise and light shields
and other appropriate means of
avoiding or minimizing human
disturbance shall also be
included, along with provisions
for periodic monitoring to ensure
ongoing habitat protection. This
program should be implemented
as.soon-as-possible.I,r for to the Issuance of grading permits
EXHIBIT "A" RESOL. NO. 92-25
I'age 13
MITIGATION MONITORING PLAN
Vesting Tentative Tract 46628
EIR
Page
' Jo. Description of Adverse Impacts
`Z
BIOLOGICAL RESOURCES (cont.)
Mitigation Measures and
Conditions of Approval
47. Grading of the proposed project
site shall not be conducted during
the breeding season of the
California gnatcatcher (April -
June) in order to minimize
disturbance to the birds, provided
that a breeding pair is present on
the sire during this season. In
order to determine if the birds are
present, a qualified biologist
shall conduct monitoring visits to
the site beginning in raid -April to
determine if a breeding pair is
present. If no breeding pair has
been identified by mid-May, two
weeks after the latest known
breeding date on this site, grading
operations will be allowed to
proceed. If a breeding pair is
identified, no grading will be
allowed until two weeks after
fledging of the chicks, as
determined by the monitoring
biologist. In no case shall grading he permitted
habitat area,
49. Preserve and maintain 2.95 acres Check Final
of wetlands area in the
permanent open space in the
northeast corner of the site (Lot 83
of revised 79 -lot tract map) and
provide and maintain an
appropriate water source for this
area.
Monitoring
Action
Field Inspection
Map and
Storm Drain Plan;
periodically check water
source
Party
Responsible
for
Implementing
Mitigation
City of Rancho
Palos Verdes
1. Enforcement Agency
2. Monitoring Agency
3. Monitoring Phase
1. USFWS
2 City of Rancho Palos Verdes
3. April -mid-May
within the identif led gnatcatcher
Subdivider 1. City of Rancho Palos Verdes
Z City of Rancho Palos Verdes
3. Final Map Check, semi-
annually post development
Page 11
MITIGATION MONITORING PLAN
Vesting Tentative Tract 46628
EIR
Page
No. Description of Adverse Impacts
6-102 BIOLOGICAL RESOURCES (cont.)
•
•
Mitigation Measures and
Conditions of Approval
50. Reduce human access to sensitive
coastal bluff scrub by installing an
open, guardrail structure along
the bluff edge. This would
prevent direct pedestrian access
to the bluff area and would also
slow erosion by reducing the
number of footpaths down the
bluff face, without affecting the
movement of wildlife to and from
the bluff areas. An open, rather
than solid, structure would permit
ocean views through the fence.
51. Effects of urban runoff and
siltation generated by the
developed project site shall be
controlled with stable drainage
structures which prevent erosion
and by directing urban runoff into
the natural drainages or special
detention basins within the
largest open space area (Lot 82 of
the revised 79 -lot tract map) that
filter and slow the runoff via
sediment, traps, energy
dissipators, dry ponds, etc., prior
to discharge into the rocky
intertidal zone at ocean level.
Monitoring
Action
Ilan Check, Field
Inspection
Ilan Check, Field
Inspection
EXHIBIT "A"
Party
Responsible
for 1.
Implementing 2.
Mitigation 3.
Subdivider 1.
2.
3.
Enforcement Agency
Monitoring Agency
Monitoring Phase
City of Rancho Palos Verdes
City of Rancho Palos Verdes
Site Plan Check; site
preparation
Subdivider 1. City of Rancho Palos Verdes
2. City of Rancho I'alos Verdes
3. Storm drain improvements
plan check; site preparation
RESOL. NO. 92-25
1'ag( 15
MITIGATION MONITORING PLAN
Vesting Tentative Tract 46628
EIR
Page
'`to. Description of Adverse Impacts
fp NOISE
Implementation of the proposed
project would result in unavoidably
significant off-site construction noise
impacts for the eight-month site
preparation phase and the 18 month
construction phase.
•
Mitigation Measures and
Conditions of Approval
54. Staging areas shall be provided
on-site to minimize off-site
transportation of heavy
construction equipment. These
areas shall be located to
maximize the distance between
activity and existing residential
areas.
55. Truck/equipment routes that
travel through a minimum number
of residential areas shall be
designated by the City Engineer
and followed by all construction
personnel travelling to and from
the project site.
Monitoring
Action
Pre -Construction
Conference, Field
Inspection
Check contractor
specifications
Party
Responsible
for
Implementing
Mitigation
Subdivider
1. Enforcement Agency
2. Monitoring Agency
3. Monitoring Phase
1. City of Rancho Palos Verdes
2. City of Rancho Palos Verdes
3. Pre -grading, grading
Subdivider 1. City of Rancho Palos Verdes
2. ' City of Rancho Palos Verdes
3. Grading plan check
Page I t,
1,r;s1
MITIGATION MONITORING PLAN
Vesting Tentative Tract 46628
RIR
Page
No. Description of Adverse Impacts
6-183 TRAFFIC AND CIRCULATION
Prosect -generated traffic would not
e►sult in any significant adverse
traffic impacts 10 local or regional
roadways, intersections, or the local
circulation system, i( the westbound
through lane at Palos Verdes Drive
West/Ilawtliorne Boulevard is
modified to allow optional through
movements and left turns. This
modification would involve lane
restripsng only.
6-2117 FIRE PROTECTION
Implementation of the revised 79 -unit
single-family residential
0 development would increase the
development density and the human
population on the proposed project
site. This would result in an increase
in the potential for fire occurrence and
the potential for loss of life.
Mitigation Measures and
Conditions of Approval
58. The intersmtion of Palos Verdes
Drive and Hawthorne Boulevard
is the only one of the three
studied intersections requiring
mitigation. Modification of the
westbound through lane to allow
through or left turns would
mitigate future traffic impacts
with or without proposed
development. Implementation of
this measure would result in
Level of Service C (with a volume
to capacity ratio of 0.76) for the
weekend peak hour. a t this Intertier-t1on,
Monitoring
Action
Cited( street
improvement plans,
field inspection
59. Prior to the recordation of the
Final Map the subdivider shall
demonstrate to the Director of
Environmental Services that all
County of Los Angeles Fire
Department requirements
pertaining to subdivision design
and the water system,have been
met.
Review evidence of
satisfaction of Fire
Department
requirements.
EXHHIBIT "A"
Party
Responsible
for
Implementing
Mitigation
1. Enforcement Agency
2. Monitoring Agency
3. Monitoring Phase
Subdivider 1. City of Rancho Palos Verdes
2. City of Rancho I'alos Verdes
3. Street improvement Ilan
check; site preparation
Subdivider 1. City of Rancho I'alos Verdes
2. City of Rancho Palos Verdes
3. Final Map check
RESOI.. NO. 92-25
Page 17
MITIGATION MONITORING PLAN
Vesting Tentative Tract 46628
EIR
Page
No. Description of Adverse Impacts
.7 WATER SERVICE
Construction of the proposed project
would require the extension of water
service to the project site in order to
meet a total estimated water demand
of 28.8 acre-feet per year (AFY).
While the CWSC has indicated that
this project would not significantly
impact its water supplies, the
continuing drought conditions
represent great uncertainty with
respect to future water supplies. The
City, therefore, considers any
increase in water demand at this time
to be a significant impact on local
water supplies. .
Mitigation Measures and
Conditions of Approval
62. The City shall ensure that
construction plans and
specifications for all proposed
homes shall include the
following interior water
conservation measures for the
following plumbing devices and
appliances:
• reduce water pressure to 50
pounds per square inch or less
by means of a pressure -
reducing valve
• install water -conserving
clothes washers
• install water -conserving
dishwashers and/or spray
emitters that are retrofitted
to reduce flow
• install one -and -one-half
gallon, ultra-low flush toilet
Monitoring
Action
Party
Responsible
for 1.
Implementing 2.
Mitigation 3.
Enforcement Agency
Monitoring Agency
Monitoring Phase
Check individual home l-iomebuitders 1. City of Rancho Palos Verdes
plans and specifications
2 City of Rancho Palos Verdes
3. !tome plan check
Page 1H
99 0480301'
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Vesting Tentative Tract 96628
EIR
Page
No. Description of Adverse Impacts
6-227 WATER SERVICE (cont.)
•
•
Mitigation Measures and
Conditions of Approval
63. Landscaping and irrigation plans
for the public and common open
space areas shall be submitted by
the developer and appuvatik.by subject
the Director of Environmental
Services, prior to the issuance of
grading permits. Said plans
shall incorporate, at a minimum,
the following water conservation
measures:
Monitoring
Action
Check landscape and
irrigation plans
• low water -demand plants
• minimum use of lawn or, when
used, installation of warm
season grasses
• grouped plants of similar
water demand to reduce over -
irrigation of low water
demand plants
• extensive use of mulch in all
landscaped areas to improve
the soil's water -holding
capacity
• drip irrigation, soil moisture
sensors, and automatic
irrigation systems
• use of reclaimed wastewater,
stored rainwater or grey
water for irrigation
EXHIBIT "A"
Party
Responsible
for 1.
Implementing 2.
Mitigation 3.
to approval
Subdivider
Enforcement Agency
Monitoring Agency
Monitoring Phase
1. City of Rancho Palos Verdes
2. City of Rancho Palos Verdes
3. Prior to grading permits
RESOL. NO. 92-25 rage 19
99 0480301
MITIGATION MONITORING PLAN
Vesting Tentative Tract 46628
EIR
Page
Description of Adverse Impacts
411 WATER SERVICE (cont.)
G -24-I SEWER
Construction of the proposed project
would result in the generation of
approximately 0.02 million gallons
per day (MGD) of wastewater, which
would be treated at the Joint Water
Pollution Control Plant. At the
present time, the sewerage
infrastructure which serves the
project site has adequate capacity to
accommodate the proposed project.
Cumulative development activities
will require incremental expansions of
the wastewater collection and
treatment systems, which are
dependent upon an adequate financing
program.
Mitigation Measures and
Conditions of Approval
64. The applicants shall contact the
Department of Water Resources
for information on other water
conservation techniques which
could be incorporated into the
project design. Evidence of
compliance with such other
recommendations shall be
submitted to the Director of
Environmental Services, prior to
the issuance of building permits.
65. If, at the time occupancy permits
are requested by the developer,
there is inadequate treatment
plant capacity to service the
proposed project, the occupancy
• permits shall be withheld until
adequate capacity to serve the
proposed project is ensured.
66. Prior to recordation of the Final
Map, the developer shall annex
the project site to the
Consolidated Sewer Maintenance
District, of the Los Angeles
County Department of Public
Works.
Monitoring
Action
Verify compliance with
DWP water
conservation
recommendations
Check capacity of Joint
Water Pollution Control
Plant
Verify annexation of site
to Consolidated Sewer
Maintenance District
Party
Responsible
for
Implementing
Mitigation
1. Enforcement Agency
2. Monitoring Agency
3. Monitoring Phase
Subdivider 1.
2
City of Rancho
Palos Verdes
Subdivider
3.
City of Rancho Palos Verdes
City of Rancho Palos Verdes
Prior to issuance of building
permits
1. City of Rancho Palos Verdes
2 Homebuilder
3. Prior to release of occupancy
of any new homes
1. City of Rancho Palos Verdes
2. City of Rancho Palos Verdes
3. Final Map check
77:4'
MITIGATION MONITORING PLAN
Vesting Tentative Tract 96628
EIR
Page
No. Description of Adverse Impacts Conditions of Approval
Mitigation Measures and
6-244 SEWER (cont.)
67. Project wastewater collection and
pumping system plans shall be
prepared in accordance with the
specifications of and shall be
subject to approval approved -by the City's Director
of Public Works and the Los
Angeles County Sanitation
Districts.
6 255 CULTURAL RESOURCES
A limited potential does exist for
previously undetected subsurface
cultural and paleontological resources
to be disturbed during site grading
activities
•
72. The developer shall retain a
qualified archaeologist and
paleontologist to periodically
monitor rough grading operations
in previously undisturbed areas.
In the event undetected buried
cultural or paleontological
remains are encountered during
the course of grading activities,
work shall be halted or diverted
from the location in question and
the archaeologist and/or
paleontologist shall evaluate
the remains. If cultural resources
are found, the cultural
specialist(s) shall submit
documentation of such findings
and the recommended
dispensation of the resources to
the Director of Environmental
Services.
Monitoring
Action
Check wastewater
system plans
Field Inspection
Party
Responsible
for 1.
Implementing 2.
Mitigation 3.
Subdivider 1.
2
3.
Subdivider
Enforcement Agency
Monitoring Agency
Monitoring Phase
City of Rancho l'alcos Verdes
City of Rancho Palos Verdes
Final Map check
1. City of Rancho l'.iIos Verdes
2. City of Rancho 1'.ilos Verdes
3. Grading
EXHIBIT "A" RESOL. NO. 92-25
l'a};& 21
MITIGATION MONITORING PLAN
Vesting Tentative Tract 46628
EJR
Page
\10. Description of Adverse Impacts
•
VISUAL RESOURCES
Mitigation Measures and
Conditions of Approval
As proposed, the project would have a 74. Limit structure height on lots
substantial impact on the visual along Palos Verdes Drive West
character of the site and views from and those that occur nearest the
the surrounding area. Given the coastal bluff to a maximum
normal by-product of site height of 16 feat.
urbanization, approximately 70
percent of the disturbed (but now 75. Where two-story homes are
naturally appearing) project site permitted, limit second story
would be transformed from its current areas to 80 percent of total first
condition to a man-made environment. floor area, to reduce the visual
The developed project site would be effect of the higher building
visible to a number of residents that mass and to create wider visual
occur in close proximity to the site and corridors between homes on
from the mobile viewing population adjacent kits.
on Hawthorne Boulevard and Palos
Verdes Drive West. 76. Prior to approval of the overall
site landscaping plan, the
Department of Environmental
Services shall ensure that
landscaping to be planted along
the perimeter of Palos Verdes
Drive West is limited to low
groundcovers and small shrubs
only.
Party
Responsible
for 1. Enforcement Agency
Monitoring Implementing 2. Monitoring Agency
Action Mitigation 3. Monitoring Phase
Check horse plans tlomebuilders 1. City of Rancho Palos Verdes
2 City of Rancho Palos Verdes
3. Home plan check
Check home plans
I lomebuilders 1. City of Rancho Palos Verdes
2. City of Rancho Palos Verdes
3 horse plan check
Check landscape plan Subdivider 1. City of Rancho l'alos Verdes
2. City of Rancho Palos Verdes
3. Landscape plan check
I'age. 7?
MITIGATION MONITORING PLAN
Vesting Tentative Tract 46628
EIR
Page
No. Description of Adverse Impacts
6-259 VISUAL RESOURCES (cont.)
subject to approval
•
•
Mitigation Measures and
Conditions of Approval
77. CC&Rs shall be prepared by the
subdivider, and approue.d by the
Director of Env iron menta
Services, which shall include,
among other provisions,
restrictions on the type of
landscape materials allowed on
individual lots that limit
permissible species to those with
low or medium height.
78. All homes shall be designed so
that rooflines are articulated in a
way that provides visual relief.
Flat roofs shall be prohibited.
Roof lines and building
orientations along Palos Verdes
Drive West shall be varied to
include perpendicular, parallel
and angled exposures to the
roadway. This measure would
incrementally reduce the view
blocking effects of the proposed
structures and permit greater
visibility of the coastline and
Pacific Ocean. Further, this
measure would provide greater
visual relief when the project is
viewed from above.
Monitoring
Action
Check CC&Its
Party
Responsible
(or
Implementing
Mitigation
Subdivider,
11omebuilders
1. Enforcement Agency
2. Monitoring Agency
3. Monitoring Phase
1. Homeowners Association
2 City of Rancho Palos Verdes
3. Final map check; prior to
occupancy of each Iu)Ine•
Check home plans Iloinebuilders 1. City of Rancho Palos Verdes
2 City of Rancho Palos Verdes
3. Home plan check
EXHIBIT "A"
RESOL. NO. 92-25
Page 23
MITIGATION MONITORING PLAN
Vesting Tentative Tract 46628
EIR
Page
No. Description of Adverse Impacts
OP VISUAL RESOURCES (cont.)
Mitigation Measures and
Conditions of Approval
82. Roof materials shall be non -
reflective. This measure is also
proposed to eliminate glare from
roof tops that could impact the
existing residential areas located
east of and above the proposed
project site.
Monitoring
Action
Check home plans
Party
Responsible
for 1.
Implementing 2.
Mitigation 3.
tfomebuilders 1.
3.
Enforcement Agency
Monitoring Agency
Monitoring Phase
City of Rancho Palos Verdes
City of Rancho Palos Verdes
Home plan checks
Page 24
3.0 NON-CONFORMANCE PENALTY
Performance of all measures to be implemented by the Subdivider shall be secured and
guaranteed by the posting of an improvement bond, deposit, or in -lieu fee in an amount to be
determined by the Director of Environmental Services. Such security shall be posted with the
City of Rancho Palos Verdes prior to the issuance of a grading permit for this project and shall
be held by the City in an interest bearing account (with interest inuring to Subdivider) until all
the measures have been fully and properly implemented. In the event the Subdivider fails to
satisfy any one or more of the mitigation measures and persists and fails to do so upon written
notice from the City, the City may, without further notice, draw upon the security to fulfill the
required measure and to reimburse the City for any costs or expenses incurred in so doing. This
shall be in addition to any other remedy provided under the authority of the Rancho Palos
Verdes Municipal Code and its various development codes.
EXHIBIT "A"
25
RESOL . NO . ? 2-25
99 0480301'
4.0 COMPLIANCE/REPORTING FORM
The following form will be used as the principal medium for recording compliance or non-
compliance with the various elements of the mitigation monitoring plan. These forms are to be
completed by the responsible monitoring entity, immediately following a monitoring or
enforcement action, and placed on file in the office of the Department of Environmental
Services. A report reviewing the current status of all mitigation measures listed in the
mitigation monitoring plan will be prepared semiannually by the Department of
Environmental Services. This report will be updated semiannually until the first home is
occupied.
26
99 0480301'
MQNITQRINQ REPORT
Mitigation Measure'Number(s):
Description of Measures:
Observations Made in the Field or During Plan Check:
Compliance: Acceptable
Unacceptable
Remedial Actions Taken or Recommended:
Environmental Coordinator Date
Technical Consultant Date
99 0480301'
EXHIBIT "A" RESOL. NO. 92-25
27
5.0 DEVELOPMENT MEASURES AND
MITIGATION MEASURES NO LONGER
APPLICABLE
Development Measures
The following mitigation measures found in the Final
EIR are not required in order to avoid a significant
impact upon the environment. They are, however,
measures that the project subdivider is encouraged to
implement to further minimize the impacts of this
project.
27. Seed and water all inactive portions of the
construction site until grass cover is grown.
28. Apply chemical stabilizers to completed cut and
fill areas. This measure can reduce fugitive dust
emissions from inactive portions of a project site by
up to 80 percent.
29. Limit on-site vehicular traffic to no more than 15
mph during construction. This measure could reduce
fugitive dust emissions from unpaved roads and
areas of construction sites by up to 60 percent.
31. Maintain equipment engines in good condition and
in proper tune as per manufacturers' specifications.
33. Keep all grading and construction equipment on or
near the site until those phases of development are
completed.
36. Use building materials that produce less emissions
(e.g., bricks, stones, water-based paints).
28
99 0480301
38. Orient structures and pool areas to optimize the
effectiveness of solar energy units and water
heaters. This measure could encourage the use of
solar water heating equipment and reduce emissions
from standard electricity and natural gas -fueled
heating units.
39. Provide landscaping to shade buildings and
parking areas for energy efficiency. This measure
would reduce the amount of energy needed to cool
structures and automobiles on warm days.
40. When possible, use light-colored roofing materials
and concrete as opposed to asphalt parking areas
and dark roofing materials, to reflect, rather than
absorb, sunlight. This measure would minimize
heat gains in buildings and parking areas and
1_essen the overall demand for mechanical air
conditioning systems.
41. Specify energy-efficient air conditioners,
refrigerators, etc., when built-in units are provided.
42. Increase attic and wall insulation over the
minimum standards currently required.
43. Install special sunlight -filtering window coatings
or double -paned windows, to reduce thermal gain or
loss.
44. Provide conveniently -located recycling centers on-
site with adequate access for haulers. Recycling
can reduce both solid waste and energy consumption,
and as a result, decrease emissions. By reducing
waste sent to landfills, increases in methane gas
build-up and ernistions can be slowed.
29
EXHIBIT "A" RESOL. NO. 92-25
99 O48O3oF
57. There shall be no useable second floor balconies
facing Palos Verdes Drive West in the dwelling
units with direct lines -of -sight to this roadway.
60. Although the project site is not located in a high
fire hazard area, the Fire Department
recommends the installation of fire sprinkler
systems in residential structures, to reduce the
potential for loss of life and property damage. The
Fire Department indicates that such systems are
now technically and economically feasible for
residential use.
61. Prior to the issuance of building permits, the
developer shall contact the Lomita Sheriff Station
for specific. recommendations for providing on-site
security and safety, throughout the grading and
home construction periods, and for improving site
visibility and access to facilitate responses by local
patrol units.
68. Above and beyond water conservation measures
required by State law, future home builders should
implement the Department of Water Resources'
recommendations for interior water conservation
and water reclamation, as outlined in Section 6.11
of this EIR (mitigation measure 64).
69. The City's Building Official shall ensure that
trash compactors are included in plans for all new
homes and that such compactors are installed in
each new home. By compacting trash on site, larger
volumes of trash can be stored and transported in
the same size containers, thus reducing the number
of transport trips to {the BKK landfill and the Surf
30
99 04803Q1
Incineration Plant, and using landfill space more
efficiently by disposing of a heavier concentration
of trash within the same amcunt of space.
70. The Director of Environmental Services shall
ensure that the final site plan includes facilities
for trash separation to facilitate recycling of
reusable materials. Alternately, the developer
shall arrange for curbside pick-up service at each
homesite by the local trash pick-up company,
which includes special receptacles for recyclable
materials. Such an arrangement shall be verified
by the Director of Environmental Services, prior to
the occupancy of any new homes.
71. The subdivider shall coordinate with the Director
of Public Works and the County Fire Department to
create informational materials to be provided to
each original home owner that includes art
explanation of various mandatory and voluntary
solid waste reduction and recycling techniques
along with safe methods of hazardous material
identification and disposal.
73. Subsequent to site grading activities all graded
portions of the site shall be hydroseed with a
annual rye grass. This would incrementally reduce
visual impacts as well a provide a significant
erosion control feature.
31
EXHIBIT "A" RESOL. NO. 92-25
99 0480307'
Mitigation Measures No
Longer Applicable
The following mitigation measures appeared in the
Draft EIR for the original 93 -lot tract map design.
Upon evaluation of the revised 79 -lot tract map, they
were found to be unnecessary, as the new tract map
design avoids the impacts associated with these
measures, that would have resulted -from the original
map design.
48. Provide guzzlers or access to other water sources
near the existing northerly drainage area. This
would offset the loss of the small wetland areas by
providing an alternate water source.
52. If on-site replacement of coastal sage scrub is
determined to be infeasible or unlikely to succeed in
supporting gnatcatchers, the applicant shall be
required to purchase, restore, or enhance an amount
of coastal sage scrub habitat for California
gnatcatchers equivalent in size to the amount of
territory to be lost on site (approximately 6.23
acres) for permanent preservation. This would be
accomplished under the direction of the U.S. Fish
and Wildlife Service.
53. In coordination with the U.S. Fish and Wildlife
Service and California Department of Fish and
Game, the Cities of Rancho Palos Verdes, Palos
Verdes Estates, Rolling Hills, and Rolling Hills
Estates, and the County of Los Angeles, will
develop a Peninsula -wide species management plan
for the California gnatcatcher. This plan would
include: a census of gnatcatcher populations on the
Peninsula during the breeding season,
identification of critical habitat areas for
preservation, identification of potential areas for
32
99 0480301
gnatcatcher habitat restoration on the Peninsula,
and identification of mechanisms for acquisition
and preservation of critical habitat areas. It is
recommended that in addition to the gnatcatcher,
the plan include other sensitive species on the
Peninsula, most of which have similar habitat
requirements. This multi -species planning
approach is preferred by federal and state agency
personnel.
56. Based on representative cross-sections, construction
of a solid block masonry wall of three feet in
height (from road grade) along the project site's
eastern boundary adjacent to Palos Verdes Drive
West could be designed to achieve a reduction in on-
site noise levels necessary to comply with state
noise guidelines for residential land uses.
79. CC&Rs shall be prepared by the subdivider and
approved by the Director of Environmental
Services, which include, among other provisions,
the requirement for review and approval of all
individual home designs by a City appointed
architectural review committee, to ensure
compliance with the design policies of the Coastal
Specific Plan. The C.C.&R. provisions shall also
include the right of the City to charge a reasonable
fee to recover the costs of this plan review effort.
80. The City will encourage split-level home design,
through allowing substantial modification of
rough -graded pads to allow for lowering and
splitting the pads to allow for step-down
foundations that enable the construction of
essentially two-story homes with the visual
impact of a one story home.
EXHIBIT "A" RESOL. NO. 92-25
33
99 0480301
81. Install only ground level streetlights that
will
incorporate hoods that imicuhLd eliminate the
uppward transmission of light on-site. This measure
c�`i 11
weeks -also reduce light and glare impacts in those
areas east of the project site.
83. The Directors of Public Works and Environmental
Services shall ensure, during review of project
plans that include street lighting, common area and
walkway lighting and any illuminated signs, that
all such lighting elements conform to the lighting
policies in the Coastal Specific Plart (pages U-10
and U41).
34 99 0480301
RESOLUTION NO. 92-25
EXHIBIT "B"
STATEMENT OF OVERRIDING CONSIDERATIONS
ENVIRONMENTAL IMPACT REPORT NO. 35
(VESTING TENTATIVE TRACT MAP NO. 46628)
The Planning Commission of the City of Rancho Palos Verdes finds
that the mitigation measures discussed in the Environmental
Impact Report will, when implemented, mitigate or substantially
reduce all but six of the significant effects identified in the
Final Environmental Impact Report. Only the environmental
effects of the project on hydrology (cumulative urban runoff) ,
air quality (short-term construction activities and long-term
emissions from stationary and mobile sources), noise (short-term
construction activities and long-term traffic noise on Palos
Verdes Drive West) and water service (due to the current drought
condition) were found to be unavoidable, even after the
incorporation of all feasible mitigation measures.
The Planning Commission has balanced the benefits of the project
against these effects in recommending approval of the proposed
project to the City Council. In this regard, the Planning
Commission of the City of Rancho Palos Verdes hereby finds that
all feasible mitigation measures identified in the Final
Environmental Impact Report, which are summarized in the Summary
of Project Impacts and Mitigation Measures table included in the
addendum of said document, have been and will be implemented
with the project through the Mitigation Monitoring Program and
that the six remaining significant unavoidable effects are
acceptable due to the following specific benefits which outweigh
the significant environmental effects and justify approval of
the project as conditioned:
1. The proposed project will implement the goals of the City's
Coastal Specific Plan to provide public vehicular access, via
a bluff road, and parking facilities within the coastal zone.
No residential lots will be located seaward of the bluff
road.
2. The proposed project will implement the goals of the City's
Coastal Specific Plan by providing public recreational
opportunities in the coastal zone through the dedication of
12 acres of useable open space, located between the bluff
road and the top of the bluff, to the City to provide for
public enjoyment of the coastal environment and vistas.
3. The proposed project will implement the goals of the City's
Coastal Specific Plan and Conceptual Trails Plan by providing
public recreational opportunities through the dedication
and/or construction of public pedestrian, equestrian and
bicycle trails adjacent to and within the project boundaries.
99 0480301
EIR No. 35 (VTTM No. 46628)
Statement of Overriding Considerations
4. Within the dedicated public open space area, 45 acres will
be retained for the maintenance and enhancement of three
sensitive habitat areas: coastal sage scrub (California
gnatcatcher territory), coastal bluff scrub and riparian
wetland.
5. The proposed project will improve and control the existing
hydrologic conditions on the site by providing stable
drainage facilities to control storm runoff to prevent
flooding, siltation and erosion and to minimize urban runoff
into the adjacent marine environment.
6. In conformance with projected housing needs of the City, and
the low density single family residential zoning designation
of the site in the City's General Plan, Coastal Specific Plan
and Official Zoning Map, the project will provide an
additional 79 dwelling units in the City.
Resol. 92-25, Exhibit "B"
Page 2 of 2
99 0480301
RESOLUTION NO. 92-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS vDES APPROVING VESTING TENTATIVE
TRACT MAP NO. 46628 FOR A RESIDENTIAL SUBDIVISION
WITH 79 SINGLE FAMILY RESIDENTIAL LOTS AND 5 COMMON
OPEN SPACE LOTS LOCATED. AT- THENORTHWEST CORNER
OF PALOS v gRDES DRi v r, WEST AND HAWTHORNE BOULEVARD.
WHEREAS, H. M. D. I . , Inc. has requested approval- of a-
Vesting
Tentative Tract Map for the creation of ninety-three (93) single
family- residential lots and one (1) common open space lot on a
132 acre site locatednorthwest of the intersection of Palos
Verdes Drive West and Hawthorne Boulevard, pursuant to the
Residential Planned Development provisions of the City's
Development Code; and
WHtstEAS , Draft and Final Environmental Impact Reports were
prepared and circulated in compliance with the California
Environmental Quality Act and the Planning Commission considered
the information, conclusions and mitigation measures contained
in these documents in making a recommendation to the City
Council for approval of the proposed residential project; and
WHEZ EAS, after notice issued pursuant to the provisions of
the City Development Code, the Planning Commission held a public
hearing on the environmental review of the project applications
on October 8, 1991, and held public hearing on the project on
October 22, November 12, and November 26, 1991 and January 14
and February 5, 1992, at which time all interested parties were
given an opportunity to be heard and present evidence; and
WHEREAS, after notice issued pursuant to the provision of
the City Development Code, the City Council held a public
hearing on March 3, 1992, at which time all interested parties
were given an opportunity to be heard and present evidence.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: That the creation of seventy-nine (79) single
family residential lots, five (5) common open space lots and
related improvements, as conditioned, is consistent with the
type of land use and density identified in the City's General
Plan and Coastal Specific Plan.
Section 2: That the creation of seventy-nine (79) single
family residential lots, as conditioned, is consistent with the
City's Development Code for projects within the RS -1 zoning
district under a Residential Planned Development. In addition,
the deletion of fourteen (14) lots from the original submittal
99 0480301
preserved 51% of the site as open space, increased the average
size and dimensions of the residential lots, protected public
views over the site and preserved natural habitat areas.
Section 3: That the use of the lots shall be for single
family residential dwelling units, common open space and related
improvements, which is compatible with the objectives, policies,
programs and land use specified in the General Plan and the
Urban, Natural and Socio/Cultural Overlay Control Districts,
which have been established to protect existing drainage
courses, natural vegetation and extreme slopes within the City.
Section 4: That the subject property is physically suitable
to accommodate Vesting Tentative Tract Map No. 46628, as
conditioned, in terms of design and density and will not result
in substantial environmental damage based on consideration of
information contained in Environmental Impact Report No. 35,
implementation of mitigationmeasures, whi h have been
incorporated into the conditions of this approval and compliance
with the City's Development Code and General Plan.
Section 5: That the creation of the lots, single family
residential dwelling units, and associated improvements will not
be materially detrimental toproperty values, jeopardize,
endanger, or otherwise constitute a menace to the surrounding
area, since physical improvements, dedications and maintenance
agreements are required.
Section 6: That the division and development of the
property will not unreasonably interfere with the free and
complete exercise of the public entity and/or public utility
rights-of-way and or easements within the tract.
Section 7: That the discharge of sewage from this land
division into the public sewer system will not violate the
requirements of the California Regional Water Quality Control
Board pursuant to Division 7 (commencing with Section 13000 of
the Water Code) .
Section 8: That the design of the subdivision and the type
of improvements associated with it are not likely to cause
serious public health problems.
Section 9: That the design of the subdivision and the type
of improvements will not conflict with easements acquired by the
public at large for access through or use of property within the
proposed subdivision.
Section 10: That the vesting tentative tract map design
provided for future passive or natural heating or cooling
opportunities in the subdivision to the extent feasible,
Resolution No. 92-26
Page 2 of 3
99 0480301
Section 11: That the vesting tentative tract map does not
propose to divide land which is subject to a contract entered
into pursuant to the California Land Conservation Act of 1965.
Section 12: That dedications required by local ordinance
are shown on the tentative map and/or are set forth in the
conditions of approval attached hereto in Exhibit "A".
Section 13: -That the City ' Council considered the effect of
approval of the subdivision on the housing needs of the region
in which the, City . is = situated and balanced these _ needs . against
the public: .service needsof its residents and available fiscal
and environmental resources.
Section 14: That the proposed project, as conditioned,
mitigates or reduces significant adverse effects to adjacent
properties -or -the permitted -uses thereof. - The --C i.t-y Council
finds that social, recreational and other benefits of the
project outweigh any unavoidable adverse environmental impacts
that may occur. Due to the overriding benefits and
considerations, the City Council hereby finds that any
unavoidable adverse environmental impacts of the project are
acceptable. Resolution No. 92-25, including the detailed
statements of overriding considerations, is made part of this
resolution, by reference, pursuant to the California
Environmental Quality Act.
Section 15: That all of the mitigation measures required in
Environmental Impact Report No. 35 are hereby incorporated into
the conditions of approval for the vesting tentative tract map.
Section 16: For the foregoing reasons, and based on
information and findings contained in the public record,
including all staff reports, minutes, records of proceeding and
evidence presented at the public hearings, the City Council of
the City of Rancho Palos Verdes hereby approves Vesting
Tentative Tract Map No. 46628, subject to the conditions of
approval contained in the attached Exhibit "A", which are
necessary to protect the public health, safety and general
welfare in the area.
PASSED, APPROVED and ADOPTED this 17th day of March, 1992.
Resolution No. 92-26
Page 3 of 3
99 0480301'
/S/ JOHN C. McTAGGART
MAYOR
ATTEST:
/S/ JO PURCELL
CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) SS
CITY OF RANCHO PALOS VERDES)
I, Jo Purcell, City Clerk of the City of Rancho Palos Verdes,
hereby certify that the above Resolution No. 92-26
was duly and regularly passed and adopted by the said City
Council at a regular meeting hereof held on March 17, 1992.
CITY CLERK, CITY OF RANCHO PALOS VERDES
Resolution No. 92-26
Page 4 of 3
99 0480301'
11
RESOLUTION NO. 92-26
EXHIBIT "A"
VESTING TENTATIVE TRACT MAP NO. 46628
CONDITIONS OF APPROVAL
A. GENERAL
1. Within thirty (30) days , of approval of the., tentative. map-. the
developer shall -submit, --in writing-,- a ---statement that they -
have read, understand and agree to all of the conditions of
approval contained in this exhibit.
2. The -City's fee for processing ---a Final--Map-shall be -paid
within six (6) months of approval of the Vesting Tentative
Tract Map by the City Council.
3. All lots shall conform to minimum development standards as
specified in Resolution No. for Conditional Use Permit No.
158, Coastal Permit No. 94 and Grading No. 1439.
4. This approval expires twenty-four (24) months from the date
of approval of the Vesting Tentative Tract Map by the City
Council unless the Final Map has been recorded. Extensions
of up to oneif
(1) year maybe granted by the Planning
Commission, requested in writing prior to expiration.
5. The developer shall supply the City with one brownline and
one print of the recorded Final Map.
6. Within sixty (60) days of approval of this vesting tentative
tract map by the City Council, the developer shall enter
into a development agreement or other agreement with the
City of Rancho Palos Verdes, which is completely
satisfactory to the City. The City shall have the exclusive
discretion to extend the sixty (60) day time limit and/or to
relieve the developer of the obligation of complying with
this condition of approval.
B. SUBDIVISION MAP ACT
1. Prior to submitting the Final Map for recording pursuant to
Section 66442 of the Government Code, the developer shall
obtain clearances from all affected departments and
divisions, including a clearance from the City Engineer for
the following items: mathematical accuracy, survey analysis,
correctness of certificates and signatures, etc.
99 0480301'
C. COUNTY RECORDER
1g
1. If signatures of record or title interests appear on the
Final Map, the developer shall submit a preliminary
guarantee. A final guarantee will be required at the time
of filing of the final map with the County Recorder. If
said signatures do not appear on the final map, a
preliminary title report/guarantee is needed that covers the
area showing all fee owners and interest holders.
2. The account for this preliminary title report guarantee
referenced in Condition Cl shall remain open until the Final
Map is filed with the County Recorder.
D. ARCHAEOLOGY AND PALEONTOLOGY
1
A qualified archaeologist shall be present during all rough
grading operations in previously undisturbed areas to
further evaluate cultural resources on the site. If
archaeological resources are found, all work in the affected
area shall be temporarily suspended and the resources shall
be removed and donated to the City. All "finds" shall be
immediately reported to the Director of Environmental
Services.
2. A qualified paleontologist shall be present during all rough
grading operations to further evaluate pre -historic
resources on the site. If paleontological resources are
found, all work in the affected area shall be temporarily
suspended and the resources shall be removed and donated to
the City. All "finds" shall be immediately reported to the
Director of Environmental Services.
E. SEWERS
1. Approval of this subdivision of land is contingent upon the
installation, dedication and use of local main line sewer
and separate house laterals to serve each lot of the land
division.
2 . If, because of future grading, or for other reasons, it is
found that the requirements of the Plumbing Code cannot be
met on certain lots, no building permit will be issued for
the construction of homes on such lots.
3. Sewer Easements are tentatively required, subject to review
by the City Engineer, to determine the final locations and
requirements.
4. Prior to construction, the developer shall obtain approval
of the sewer improvement plans from the County Engineer
Sewer Design and Maintenance Division.
5. Prior to approval of the Final Map, the developer shall
Resol. 92-26, Exhibit "A"
Page 2 of 10
99 0480301
submit to the Director of Environmental Services a written
statement from the County Sanitation District approving the
design of the tract with regard to the existing trunk line
sewer. Said approval shall state all conditions of
approval, if any, and shall state that the County is willing
to maintain all connections to said trunk lines.
6. Prior to the recordation of the Final Map or start of work,
whichever occurs first, the developer shall post a bond,
cash deposit, or other City approved security to cover costs
for construction of a sanitary sewer system, in an amount to
be determined by the City Engineer.
7. The sewer pump station mechanical equipment (including, but
not limited to, chambers and pumps) shall be enclosed in
subterranean vaults and adequately baffled to minimize sound
attenuation. Any above ground equipment associated with the
stations (including, but not limited to, electronic controls
and vents) shall be adequately screened from public view.
F. WATER
1. There shall be filed with the City Engineer a "will serve"
statement from the water purveyor indicating that water
service can be provided to meet the demands of the proposed
development. Said statement shall be dated no more than six
(6) months prior to the issuance of the building permits for
the first phase of construction.
2. Prior to recordation of the Final Map or prior to
commencement of work whichever occurs first, the developer
must submit a labor and materials bond in addition to
either:
a. An agreement and a faithful performance bond in the
amount estimated by the City Engineer and guaranteeing
the installation of the water system; or
b. An agreement and other evidence satisfactory to the City
Engineer indicating that the developer has entered into
a contract with the servicing water utility to construct
the water system, as required, and has deposited with
such water utility security guaranteeing payment for the
installation of the water system.
3. There shall be filed with the City Engineer a statement from
the water purveyor indicating that the proposed water mains
and any other required facilities will be operated by the
purveyor, and that, under normal operating conditions, the
system will meet the needs of the developed tract.
4. At the time the final subdivision improvement plans are
submitted for checking, plans and specification for the
water systems facilities shall be submitted to the City
Resol. 92-26, Exhibit "A"
Page 3 of 10
99 0480301'
gi 0
Engineer for checking and approval, and shall comply with
the City Engineer's standards. Approval for filing of the
land division is contingent upon approval of plans and
specifications mentioned above.
5. All lots shall be served by an adequately sized water system
which shall include fire hydrants of the size and type and
location as determined by the Los Angeles County Fire
Department. The water mains shall be of sufficient size to
accommodate the total domestic and fire flows required for
the land division. Domestic flow requirements shall be
determined by the City Engineer. Fire flow requirements
shall be determined by the Los Angeles County Fire
Department and evidence of approval by the Fire Chief is
required.
6. Framing of structures shall not begin until after the Los
Angeles County Fire Department has determined that there is
adequate fire fighting water and access available to the
said structures.
G. DRAINAGE
1. Drainage plans and necessary support documents to comply
with the following requirements must be approved prior to
the recordation of the Final Map or commencement of work,
whichever occurs first:
a. Provide drainage facilities to remove the flood hazard
to the satisfaction of the City Engineer and dedicate
and show easements on the Final Map.
b. Eliminate sheet overflow and ponding or elevate the
floors of the buildings, with all openings in the
foundation walls to be at least twelve inches above the
finished pad grade.
c. Provide drainage facilities to protect the lots from
high velocity scouring action.
d. Provide for contributory drainage from adjoining
properties.
e. Protect the existing wetlands area identified in the
northeast corner of the property during a 50 year storm
frequency and preserve this area during normal low -flow
conditions.
2. All storm drain facilities shall be designed and constructed
so as to be accepted for maintenance by the Los Angeles
County Public Works Department, Flood Control Division,
subject to review and approval by the City Engineer. The
one exception to this is that the outlet structures of slant
drilled drains are to be maintained by others, pursuant to
Resol. 92-26, Exhibit "A"
Page 4 of 10
99 0480301
Condition G3. The developer shall provide all necessary
easements associated with the above referenced storm drain
facilities.
3. All storm drain facilities shall be designed, constructed
and maintained in compliance with applicable requirements of
the California Clean Water Act.
4. The City shall form a maintenance district, consisting of
the residential property owners within the tract, to cover
the maintenance costs associated with all drainage outlet
structures that carrystorm water generated by, or passing
through, the residential areas on the site to the ocean.
5. If it is found that the on-site swale near the southern
boundary of the project site has inadequate capacity to
handle upstream and project site flows during a 50 year
storm, the swale shall be improved to handle these flows
prior to issuance of project building permits.
6. In accordance with Section 1601 and 1602 of the California
Fish and Game Code, the State Department of Fish and Game,
350 Golden Shore, Long Beach, California 90802, telephone
(310) 435-7741, shall be notified prior to commencement of
work within any natural drainage courses affected by this
project.
7. All drainage swales and any other on -grade drainage
facilities, including gunite, shall be of an earth tone
color and shall be reviewed and approved by the Director of
Environmental Services.
8. It shall be the responsibility of each property owner to
maintain and prevent obstruction of all at -grade bench
drains located on their residential lot.
H. STREETS
1. Prior to recordation of the Final Map or commencement of
work, whichever occurs first, the developer shall post a
bond, cash deposit, or other City approved security to cover
costs for the full improvement of all proposed on-site and
off-site streets and related improvements, in an amount to
be determined by the Director of Public Works.
2. The proposed on-site streets shall be public and designed to
the satisfaction of the Director of Public Works, pursuant
to the following specifications:
a. "A" Street, between Hawthorne Boulevard and "B" Street,
shall be 66 feet in width, from flow line to flow line.
On -street parking shall be prohibited. Parkway width
shall be a minimum of 10 feet on each side. The total
right-of-way width shall be p6t feet
Resol. 92-26, Exhibit "A"
Page 5 of 10
99 0480301'
b. "A" Street, between "B" Street and the east side of
the off-street parking area, shall be twenty-six (26)
feet in width, from flow -line to flow -line. On -street
parking shall be prohibited, except as provided in
Condition H2c. The total right-of-way width shall be
fifty (50) feet. The roadway shall be placed as far to
the east side of the right-of-way as possible adjacent
to the rear property lines of Lots 6 through 14 to
increase the linear distance between the roadway and the
top of the bluff.
c. An on -street public parking area shall be provided on
, !-.t ie -landward side of _ : "A". Street : between Lots. 20 and 22,
and between Lots 24 and 26. Each parking area shall be
at -the same grade as the roadway, shall.. contain. a -
minimum of six (6) parking spaces and one. space in each
_-area 5hal i__ be-- reserved --ftp - handicapped use. The- design
of the on -street parking area. shall be reviewed and
approved by the Director of Public Works.
d. An off-street public parking area shall be provided in
the northwest portion of Lot 82, on the seaward side of
"A" Street, and shall contain twenty-five (25) parking
spaces.
e. "A" Street, between the east side of the off-street
parking area and Palos Verdes Drive West shall be
thirty-six (3 6) feet in width from flow line to flow
line. On street parking shall be provided on the north
side of the street. The design of the parking shall be
reviewed and approved by the Director of Public Works.
The total right-of-way width shall be fifty (50) feet.
f. Parking in the off-street lot referenced in Condition
H2d and the on -street areas referenced in Conditions
H2c, H2e and H4 shall be prohibited after dusk.
g. "B" Street, "C" Street, "D" Street and "E" Street shall
be thirty-four (3 4) feet in width, measured from flow -
line to flow -line. Parkway width shall be a minimum of
eight (8) feet on each side. The total right-of-way
width shall be fifty (5 0) feet. On -street parking shall
be prohibited on that section of "C" Street between "A"
Street and "B" Street and along the entire length of "D"
Street.
h. All streets shall have a vertical type curb. The
landowner may request roll type curbs, subject to the
review and approval of the Director of Public Works.
i. Sidewalks, where required, shall be concrete, a minimum
of four (4) feet wide, located four (4) foot behind the
flow -line.
Resol. 92-26, Exhibit "A"
Page 6 of 10
99 0480301'
7
. Handicapped access ramps which conform to all
standards and specifications in Title 24 of the Uniform
Building Code and equestrian ramps to be reviewed by the
Trails Committee shall be provided at all locations
where public trails intersect with streets in or
adjacent to the subject development.
k. Cul-de-sacs shall be designed to the specifications of
the Director of Public Works.
1. Street and traffic signs shall be placed at all
intersections and/or corners as specified by the
Director of Public Works, conform to City Standards and
be shown on a signage and striping plan to be attached
to the street plans.
m. Except for the intersections of "A" Street and Palos
Verdes Drive West, as required by the Director of Public
Works, no street lights shall be permitted within the
tract.
n. All proposed streets shall be designed in substantially
the same alignment as shown on the approved Vesting
Tentative Tract Map No. 46628.
3. The developer shall post a security, bond or cash deposit
acceptable to the City in an amount to be determined by the
Director of Public Works to cover the cost of re -signalizing
and re -constructing, if necessary, the intersection of
Hawthorne Boulevard and Palos Verdes Drive West as a four-
way intersection.
4. The developer shall construct a vehicular turn -out and
parking area on the west side of Palos Verdes Drive West,
just north of the intersection with Rue Beaupre, to
accommodate a minimum of five (5) parking spaces. The
design of the turn -out shall be reviewed and approved by the
Director of Public Works.
5. The developer shall be responsible for repairs to any City
streets which may be damaged during development of the
tract. Prior to issuance of grading permits, the developer
shall post a bond, cash deposit or City approved security,
in an amount sufficient to cover the costs to repair any
damage to City streets and related structures as a result of
this project.
6. The developer shall pay traffic impact fees in an amount
determined by the Director of Public Works upon the
completion of all on-site public improvements, including,
but not limited to, streets, drainage and utility
improvements.
Resol. 92-26, Exhibit "A"
Page 7 of 10
99 0480301'
7. Unless already dedicated to the City, the developer
shall dedicate to the City vehicular access rights to Palos
Verdes Drive West. A note to this effect shall be placed on
the Final Map.
I. UTILITIES
All utilities to and on the lots shall be provided
underground, including cable television, telephone,
electrical, gas and water. All necessary permits shall be
obtained for their installation. Cable television shall
connect to -„the ,the nearest trunk line at the developer' s
expense. .
J. GEOLOGY
1. Prior to recordation of the Final Map or commencement of
work, whichever occurs first, a bond, cash deposit, or
combination thereof, shall be posted to cover costs for any
geologic hazard abatement in an amount to be determined by
the City Engineer.
2. Prior to recordation of the final map or prior to
commencement of work whichever occurs first, a bond, cash
deposit , or other City approved security, shall be posted
to cover the costs of grading in an amount to be determined
by the City Engineer.
K. EASEMENTS
1. Easements shall not be granted or recorded within areas
proposed to be granted, dedicated, or offered for dedication
or other easements until after the Final Map is filed with
the County Recorder, unless such easements are subordinated
to the proposed grant or dedication. If easements are
granted after the date of tentative approval, a
subordination must be executed by the easement holder prior
to the filing of the Final Map.
2. The developer shall construct a Class II, painted bike lane,
within the public right-of-way along the length of the
project's frontage on Palos Verdes Drive West between the
north property boundary and Hawthorne Boulevard.
3. The developer shall construct a Class I, paved bike lane,
within the public parkway along the length of the project's
frontage on Palos Verdes Drive West between Hawthorne
Boulevard and the south property boundary.
4. The developer shall construct a public pedestrian/equestrian
trail, a minimum of 6 feet in width, within the public
parkway along the entire length of the project's frontage on
Palos Verdes Drive West.
Resol. 92-26, Exhibit "A"
Page 8 of 10
99 0480301'
5. The developer shall dedicate to the City of Rancho Palos
Verdes, record on the Final Map and construct a continuous
eight (8) foot wide Class I bicycle trail within the parkway
along the seaward side of "A" Street beginning at the north
entrance on Palos Verdes Drive West and ending at the south
entrance at Hawthorne Boulevard.
6. The developer shall dedicate to the City of Rancho Palos
Verdes, record on the Final Map and construct a four (4)
foot wide pedestrian trail within a ten (10) foot wide
public pedestrian trail easement beginning at the Seascape
Trail in the Lunada Point development, along the bluff top
to the Interpretive Center Trail on the Interpretive Center
property.
7. The developer shall dedicate to the City of Rancho Palos
Verdes, record on the Final Map and construct a continuous
four (4) foot wide pedestrian trail within the parkway along
the seaward side of "A" Street beginning at the southwest
corner of the intersection of Palos Verdes Drive West and
Hawthorne Boulevard and connecting with the bluff top
pedestrian trail referenced in Condition K6. The pedestrian
trail shall be located on the seaward side of the bicycle
trail referenced in Condition K5.
8. The developer shall dedicate to the City of Rancho Palos
Verdes, record on the Final Map and construct a four (4)
foot wide public pedestrian trail within a 40 foot wide
access easement between Lots 19 and 20, connecting "B"
Street to open space Lot 82.
9. The developer shall dedicate to the City of Rancho Palos
Verdes and record on the Final Map a 40 foot wide wildlife
access easement between Lots 26 and 27, connecting "A"
Street and "B" Street. The developer shall fence and
landscape the easement with native plant materials, subject
to the review and approval of the project biologist.
10. The developer shall be responsible for the construction of
all public trails specified in Conditions K2, K3, K4, K5,
K6, K7 and K8 and shall provide a bond or other money surety
for the construction of such public trails, in an amount to
be determined by the Director of Public Works. Construction
of said trails shall coincide with the project grading
activity and shall be completed upon certification of rough
grading. Dedication of the public trails shall occur at the
time that the Final Map is recorded.
11. All easements are subject to review by the City Engineer to
determine the final locations and requirements.
Resol. 92-26, Exhibit "A"
Page 9 of 10
99 0480301
L. SURVEY MONUMENTATION
1. Prior to recordation of the Final Map, a bond, cash deposit,
or combination thereof, shall be posted to cover costs to
establish survey me-r''mentation, in an amount to be
determined by the Engineer.
Within twenty-four (24) months from the date of filing the
Final Map, the developer shall set remaining required survey
monuments and center line tie points and furnish the center
line tie notes to the City Engineer.
3. All lot corners shall be referenced with permanent survey
markers in accordance with City Municipal Code.
M. STREET NAMES AND NUMBERING
1. Any street names and house numbering plans shall be provided
to the City by the developer for approval by the City
Engineer.
2. The north and south portions of "A" Street shall have street
names that are clearly different from each other, and may
not include only a reference to direction (i.e. North "A"
Street and South "A" Street).
N. PARK DEDICATION
1. At the time of recordation of the Final Map, the developer
shall dedicate to the City of Rancho Palos Verdes all common
open space, including Lots 80, 81, 82, 83 and 84. This
parkland dedication shall be accepted by the City in lieu of
payment of a park dedication fee.
O. RELATED APPLICATIONS
1. This approval is conditioned upon compliance with all
conditions of approval for Conditional Use Permit No. 158,
Coastal Permit No. 94, Grading Application No. 1439 and
Environmental Impact Report No. 35.
2. This approval is conditioned upon compliance with all
mitigation measures contained in Environmental Impact Report
No. 35, which are herein incorporated as conditions of
approval of this permit.
P. MITIGATION MONITORING PROGRAM
1
A11 costs associated with implementation of the Mitigation
Monitoring Program shall be the responsibility of the
developer.
Resol. 92-26, Exhibit "A"
Page 10 of 10
99 0480301'
RESOLUTION NO. 92-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS v I ZiDES UPHOLDING THE H.M.D.I., INC .
APPEAL AND DENYING THE LARUE APPEAL OF CONDITIONAL
USE PERMIT NO. 158, COASTAL PERMIT NO. 94 AND GRADING
PERMIT NO. 1439 AND THEREBY APPROVING A RESIDENTIAL
PLANNED DEVELOPMENT CONSISTING OF 79 SINGLE FAMILY
RESIDENTIAL LOTS AND 5 COMMON OPEN SPACE LOTS LOCATED ON
THE NORTHWEST CORNER OF PALOS v t'adDES DRi v e, WEST AND
HAWTHORNE BOULEVARD.
WHEREAS, the H.M.D.I., Inc. has requested approval of a
Conditional Use Permit, Coastal Permit and Grading Permit to allow
a Residential Planned Development (RPD) with ninety-three (93)
single family lots and one (1) open space lot on a 132 acre site
located on Palos Verdes Drive West, northwest of Hawthorne
Boulevard, in the City's coastal zone (Subregion 1); and
WHLZIEAS, Draft and Final Environmental Impact Reports were
prepared and circulated in compliance with the California
Environmental Quality Act and the Planning Commission and City
Council considered the information, conclusions and mitigation
measures contained in these documents in their approval of the
proposed residential project; and
WHratEAS, after notice issued pursuanttothe provisionsof the
City's DevelopmentCode, the Planning Commission held a public
hearing on the environmental review of the project applications on
October 8, 1991, and held public hearings on the project on October
22, November 12, and November 26, 1991 and January 14, 1992, at
which time all interested parties were given an opportunity to be
heard and present evidence.
*iigg EAS, on February 5, 1992, the Planning Commission adopted
P.C. Resolution No. 92-6 approving the Conditional Use Permit,
Coastal Permit and Grading Permit for seventy-nine (79) single
family lots and five (5) open space lots; and
WHEREAS, on February 6, 1992, H.M.D.I., Inc. submitted an
appeal of the Planning Commission's approval of the Conditional Use
Permit, Coastal Permit and Grading Permit, so that the City Council
could consider these applications in conjunction with the Vesting
Tentative Tract Map. On February 14, 1992, Lois Larue, a city
resident, submitted a second appeal of the Planning Commission's
approval of the project, claiming that the project is inconsistent
withthe City's Coastal Specific Plan. Both appeals were filed
within the required fifteen (15) day appeal period; and
WHEREAS, the City Council held a public hearing on the appeal
on March 3, 1992, at which time all interested parties were given
an opportunity to be heard and present evidence.
99 0480301
NOW THEREFORE, THL CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
DOES HwiEBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: Pursuant to Section 17.56.060 of the Development
Code, the City Council in approving the conditional use permit,
finds as follows:
A. That the subject use is consistent with the General Plan
and Coastal Specific Plan which both designate the permitted land
use on the site as low density single family residential, less than
or equal to one dwelling unit per acre, on the gently sloping bluff
top area and hazard on the steep coastal bluff faces.
B. That the subject use is specifically permitted, and the
proposed residential density is consistent with the Residential
Single Family, One Unit Per Acre (RS -'l) zoning designation and the
requirements of a Residential Planned Development (RPD) special
district, as shown on the Official Zoning Map.
C. That given the adjacent land uses and the project's
location and design, as modified by the Planning Commission and
City Council, the 132 acre site is adequate in size and
configuration to accommodate the proposed residential and open
space project. In addition, the proposed project complies, or is
conditioned to be consistent with, the Development Standards
contained in Development Code Section 17.06.040.
D. That the site is served by Palos Verdes Drive West and
Hawthorne Boulevard, which are both improved streets designed to
carry the type and quantity of traffic that would be generated by
the proposed project.
E. That given the site location, project design, and
conditions imposed through this permit, the proposed use will not
significantly adversely affect the peace, health, safety, or
general welfare of the area, nor will it be materially detrimental
to property values, jeopardize, endanger, or otherwise constitute a
-,Anace to the public health, safety, and welfare of persons in the
Dunding area.
F. That the proposed project, as conditioned, mitigates or
reduces significant adverse effects to adjacent properties or the
permitted uses thereof. The City Council finds that the social,
recreational and other benefits of the project outweigh any
unavoidable adverse environmental impacts that may occur. The
project implements the RS-1/RPD designation of the site in the
General Plan and Coastal Specific Plan, while preserving much of
the site as natural and recreational open spaces, with a bluff
road, public parking, trails and vista points that will provide
public recreational opportunities and preserve public vistas and
habitat areas. Due to the overriding benefits and considerations,
the City Council hereby finds that any unavoidable adverse
environmental impacts of the project are acceptable. Resolution
Resolution No. 92-27
Page 2 of 4
99 0480301'
No. 92-25, including the detailed statement of overriding
considerations, is made part of this resolution, by reference,
pursuant to the California Environmental Quality Act.
Section 2: Pursuant to Section 17.67.060 of the Development
Code, the City Council in approving the coastal permit, finds as
follows:
A. That the subject use is in conformance with the Coastal
Specific Plan, which designates the site as appropriate for Single
Family Residential uses and thatthe proposed: project,. as
conditioned by. the Planning Commission and City Council, preserves
the view corridors identified in the visual corridors section of
the Coastal Specific Plan.
B. That the proposed project, which is located between the sea
and . the first public road, is in conformance with applicable public
access and recreational policies of the Coastal Act, in that the
proposed project includes a bluff road and will provide public
parking, vista points, open space and trails along the bluff top.
Section 3: Pursuant to Section 17.50.070 of the Development
Code, the City Council in approving the grading permit, finds as
follows:
A. That the grading associated with the project is not
excessive beyond that necessary for the permitted primary use of
the property since the earthwork will be balanced on site with no
export of excavated material.
B. That the grading and/or construction does not significantly
adversely affect the visual relationships with, nor the views from,
neighboring sites since the proposed grading will lower the pad
elevations of the proposed residential lots to preserve view
corridors of the ocean, Point Vicente Lighthouse and Catalina
Island, as identified in the Coastal Specific Plan, when viewed
from Palos Verdes Drive West, Hawthorne Boulevard and adjacent
properties.
C. That the nature of the grading minimizes disturbance to the
natural contours and finished contours are reasonably natural since
the site was extensively graded in the past to form terraced
building pads for a multi -family development in 1972 and the
construction and grading for the proposed residential development
and open space will create a more natural, sloping topography on
the site.
Section 4: All mitigation measures required in Environmental
Impact Report No. 35 are hereby incorporated into the conditions of
approval for the conditional use permit, coastal permit and grading
permit.
Resolution No. 92-27
Page 3 of 4
99 0480301
Section 5: For the foregoing reasons, and based on information
and findincls contained in the public record, including staff
at
reports, minutes, records of proceedings, and evidence presented
the public hearings, the City Council of the City of Rancho Palos
Verdes hereby upholds the H.M.D.I., Inc. appeal and denies the
Larue appeal, thereby approving Conditional Use Permit No. 158,
Coastal Permit No. 94 and Grading Permit No. 1439 subject to the
conditions of approval contained in the attached Exhibit "A" which
are necessary to protect the public health, safety and general
welfare in the area.
PASSED, APPROVED, and ADOPTED this 17th day of March, 1992.
/S/ JOHN C. McTAGGART
MAYOR
ATTEST:
/S/ JO PURCELL
CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) SS
CITY OF RANCHO PALOS VERDES)
I, Jo Purcell, City Clerk of the Cityof Rancho Palos Verdes,
hereby certify that the above Resolution No. 92-27
was duly and regularly passed and adopted by the said City Council
ata regular meeting hereof held on March 17, 1992.
CITY CLERK, CITY OF RANCHO PALOS VERDES.
Resolution No. 92-27
Page 4 of 4
99 0480301
qt
RESOLUTION NO. 92-27
EXHIBIT "A"
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. 158
COASTAL PERMIT NO. 94 AND GRADING NO. 1436
(VESTING TENTATIVE TRACT MAP NO. 46628)
DEVELOPMENT OF THE TRACT
A. DEVELOPER AGREEMENT
1. Within thirty (30) days of approval of the conditional use
permit, coastal permit and grading permit, the developer
shall submit, in writing, a statement that they have read
understand and agree to all of the conditions of approval
contained in this exhibit.
2. Approval of the conditional use permit, coastal permit and
grading permit is subject to the approval of Vesting
Tentative Tract Map No. 46628.
3. The developer shall participate in a proportionate share of
any City Housing Element program that is in place at the
time that the finished tract grading is certified. The
determination of the developer's fair share shall be
determined by the appropriate individual or entity, in
accordance with such housing programs and with appropriate
appeal rights.
4. The developer shall participate in, and pay any fees
required by, the City's Public Art Program. Any proposal
for participation shall be submitted to the City prior to
the issuance of grading permits.
5. In compliance with Fish and Game Code Section 711.4, the
developer shall submit to the City a cashier's check payable
to the Los Angeles County Clerk in the amount of $850.00 for
a filing fee and a cashier's check in the amount of $25.00
for a documentary handling fee within 48 hours of City
approval of this permit. The developer shall also pay any
fine imposed by the Department of Fish and Game, if
required.
6. Within sixty (60) days of approval of this vesting tentative
tract map by the City Council, the developer shall enter
into a development agreement or other agrement with the City
of Rancho Palos Verdes, which is completely satisfactory to
the City. The City shall have the exclusive discretion to
extend the sixty (60) day time limit and/or to relieve the
developer of the obligation of complying with this condition
of approval.
99 0480301
B. PROJECT DESIGN REVIEW
1. Prior to the issuance of grading permits, a tract site plan
shall be submitted to the Director of Environmental Services
for review and approval, identifying the location including
drainage structures and features, building pad areas and
elevations, and utility easements, as depicted on Vesting
Tentative Tract Map No. 46628.
2. Prior to the issuance of grading permits, an open space plan
shall be submitted to the Director of Environmental Services
for review and approval, identifying the location of habitat
preservation and restoration areas, public parking areas,
trails and public recreational areas. Said plan shall also
include detailed trail and signage standards and a
description of all recreational amenities, including, but
not limited to, benches, picnic tables and water fountains.
3. All residential development shall conform to the specific
standards contained in this permit or, if not addressed
herein, the RS -1 development standards of the Development
Code shall apply.
4. Any significant changes in the development characteristics
of the project, including but not limited to number of
dwelling units, street and lot configuration or
modifications to the finished contours, shall require that
an application for a major revision to the conditional use
permit be filed. The scope of the review shall be limited
to the request for modification and any items reasonably
related to the request, and shall be subject to approval by
the Planning Commission. Before any minor changes are made
to the development, the Director of Environmental Services
shall report to the Planning Commission a determination of
significance. The Planning Commission may call up any
proposed minor change for their consideration, as they
determine to be appropriate. The Planning Commission may
call up any proposed minor changes for their review, as they
determine to be appropriate.
C. PERMIT EXPIRATION AND COMPLETION DEADLINE
1. If finished grading and construction of the street and
utilities have not been completed and accepted within two
(2) years from the date of recordation of the Final Map, the
conditional use permit shall expire and be of no further
effect, unless, pursuant to Section 17.56.080 of the City's
Development Code an extension request is filed with the
Department of Environmental Services and is granted by the
Planning Commission. Otherwise, a new conditional use
permit must be approved prior to further development of the
tract.
Resol. 92-27, Exhibit "A"
. Page 2 of 16
99
O48O3O
D. NUMBER OF DWELLING UNITS
1. No more than seventy-nine (79) dwelling units shall be
permitted.
E. CONSTRUCTION PLAN
1. Prior to the issuance of grading permits, a construction
plan shall be submitted to the Director of Environmental
Services for review and approval. Said plan shall include,
butnot limited to a phasing plan, limits of grading,
estimated length of. time cfor rough grading and construction
of improvements, -location of construction _L di lers-, -
construction signs and equipment storage areas and the
location and type of temporary utilities.
2 . The use of a rock crusher on the site is prohibited.
3. The hours of operation for grading and construction
activities shall be limited from Monday to Friday, 7:00 a.m.
to 7:00 p.m. and Saturday, 7:00 a.m. to 5:00 p.m. No on-
site maintenance of equipment or vehicles shall be permitted
before or after the hours indicated. No truck queing shall
occur before 7:00 a.m. No work shall be permitted on
Sundays or national holidays, unless a special construction
permit is approved by the Director of Environmental
Services.
4. Flagmen shall be used during all construction activities as
required by the Director of Public Works.
5. Prior to the issuance of grading permits and/or building
permits, a program to control and prevent dust and windblown
earth problems shall be submitted to the Director of
Environmental Services for review and approval. Methods may
include, but shall not be limited to on-site watering and
vegetative planting.
6. Noncompliance with the above construction and/or grading
restrictions shall be grounds for the City to stop work
immediately on the property.
F. COMPLETION PER APPROVED PLANS
1. All lots shall be rough graded concurrently in accordance
with the approved grading plans and mitigation measures
specified in Environmental Impact Report No. 35. Al l
mitigation measures set forth in Environmental Impact Report
No. 35 are incorporated as conditions of approval of this
resolution
2. The developer shall designate appropriate workable phases
(portions of the development to include adjoining clusters
of lots, their streets of access, finish grading phases,
Resol. 92-27, Exhibit "A"
Page 3 of 16
99
0480301
supporting off-site improvements and on-site drainage and
utility improvements) that shall be approved by the Director
of Environmental Services and the Director of Public Works.
3. Any workable phase not under construction which has been
scarified through grading operations shall be irrigated and
landscaped. Temporary irrigation lines may be approved by
the Director of Environmental Services.
4. Prior to the issuance of grading permits, the developer
shallpost a bond, cash deposit, or otherCity approved
security to guarantee substantial vegetative cover and
maintenance of all finish graded lots which have not been
sold for development.
5. No building permits shall be issued prior to finish grading
within the workable phase of the site in which the lot is
located and until the Director of Environmental Services has
determined that all drainage facilities and common area and
off-site improvements in the workable phase of the site as
depicted in the approved construction plan in which the lot
or structure is located are completed, to the extent that
the lot or structure is accessible and able to support
development.
G. COMMON OPEN SPACE BONDS
1
Prior to recordation of the Final Map or commencement of
work, whichever occurs first, the developer shall post a
bond, cash deposit, or other City approved security to
ensure the completion of all common area improvements
including: rough grading, landscaping, irrigation, public
trails, recreational amenities, drainage facilities, and
other site features as per approved plans.
H. CC&R'S
1. Prior to approval of the final map, copies of Covenants,
Conditions and Restrictions :".:CeR's) shall be submitted to
the Director of Environmental,rvices and City Attorney for
review and approval. Said CC&R's shall reflect standards
provided in Chapter 17.14 (Homeowners Association) of the
Development Code, including those items identified herein,
and any applicable conditions of Tentative Tract Map No.
46628.
2. All necessary legal agreements and documents, including
homeowner's association, deed restrictions, covenants,
dedication of development rights, public easements, and.
proposed methods of maintenance and perpetuation of drainage
facilities and any other hydrological improvements shall be
submitted and approved by the City Attorney and the Director
of Environmental Services prior to approval of the Final
Resol. 92-27, Exhibit "A"
Page 4 of 16
99 0480301
Map. Said CC&R's shall include, but not be limited, to the
following provisions:
a. All provisions required by Section 17.14 (Homeowners'
Association) of the City's Development Code.
b. Membership in the Homeowners Association shall be
inseparable from ownership in the individual lots.
c. Identification of all materials which affect structure
appearance and use restrictions, including but not
limited to architectural controls, structure and ' roOr -T
materials, exterior finishes, walls/fences, exterior
lighting, and Standards of Development of Individual Lots
as contained in subsections M -V of this document
(Grading, Development Plans for Construction of
Individual Residences,__ Private Lot -Open Space, Setbacks,
Minimum Open Space Requirements of Individual Residences,
Building Facades and Rooflines, Heights, Solar System,
Lighting, and Appliances). A manual containing this
information shall be provided by the developer and/or
Homeowner's Association to each individual landowner upon
purchase of any lot or residence.
d. All future residential structures, accessory structures,
and other improvements, excluding landscaping, shall be
subject to review by the Director of Environmental
Services and construction and installations of said
structures and improvements shall conform to the City
approved plans.
e. Dedicate to the City the right to prohibit construction
of residential structures on slopes greater than 3:1
gradient, except on 2:1 transitional slopes between split
level pads.
f. Exterior residential lighting shall be limited to the
standards of the Environmental Protection Section 17.54
of the City Development Code.
Lot coverage, setback, height and private open space
shall comply with the requirements for each residential
structure as detailed in these Conditions of Approval.
h. Requirements for solar installations shall conform to the
Development Standards of Section 17.40 and Extreme Slope
restrictions of Section 17.57 of the Development Code.
i. All landscaping (including parkway trees) shall be
selected and maintained so that no trees or group of
trees obstructs views from the public right-of-way or
adjacent properties consistent with City Council policy
regarding street trees.
g.
Resol. 92-27, Exhibit "A"
Page 5 of 16
99 0480301'
j. No landscaping or accessory structure shall block or
significantly obstruct solar access to any lot.
k. The outlet structures for the on-site drainage
improvements shall be preserved and maintained by the
City through the establishment of an assessment district
comprised of the members of the Homeowners Association.
A note to this effect shall be placed on the Final Map.
1. All owner/tenants of lots where storm water flows to the
rear yard shall be responsible for preventing obstruction
to flows to the rear yard stormdrain and -to ensure that
the rear yard storm drains remain accessible for periodic
maintenance by the Los Angeles County Department of
Public Works.
m. Information detailing covenants prohibiting the developer
and any successors in interest of the developer,
including but not limited to, any purchaser of an
individual lot in this subdivision, from contesting the
formation of an assessment district referred to in
Condition No. G3 of Resolution No. 92-7.
n. Identify the presence of all public trail easements for
pedestrian and equestrian use. The CC&R's shall also
prohibit structures, accessory structures, fences, walls,
hedges, landscaping of any other such obstacle within
said trail easements without the written approval from
the City Council of the City of Rancho Palos Verdes.
o. Identify the presence of the City's Covenant to Maintain
Property to protect views on each residential lot and
describe the individual landowners responsibilities to
trim and maintain foliage to protect views, as defined in
the Development Code.
3. Within thirty (30) days following recordation of the CC&R's,
the developer shall submit a recorded copy of the document
to the Director of Environmental Services.
I. GRADING
1. Prior to issuance of grading permits or recordation of the
Final Map, which ever occurs first, the project geologist
will review and approve the final grading plans and
specifications by manual signature.
2. Prior to issuance of grading permits or recordation of the
Final Map, which ever occurs first, a final grading plan
shall be approved by the City Engineer and City Geologist.
This grading plan shall be based on a detailed engineering,
geology and/or soils engineering report and shall
specifically be approved by the geologist and/or soils
engineer and show all recommendations submitted by them. It
Resol. 92-27, Exhibit "A"
Page 6 of 16
99 0480301'
shall also be consistent with the tentative map and
conditions as approved by the City.
3. Prior to the issuance of grading permits, the project
biologist shall review and approve the final grading plan
for compliance with the mitigation measures required in
Environmental Impact Report No. 35 in the open space lots
and habitat areas on the site. Grading shall be prohibited
within the identified California gnatcatcher habitat area.
4. All geologic hazards associated with this proposed
development shall be eliminated -or the City Geologist shall
designate a Restricted Use Area on the Final Map, in which
the erection of buildings or other structures shall be
prohibited. -.
5. All natural and created slopes greater than 3:1, excluding
split level pad transitional slopes, shall be designated as
Restricted Use Areas on the Final Map, in which the erection
of buildings and other structures shall be prohibited.
6. Prior to issuance of grading permits, a bond, cash deposit,
or combination thereof, shall be posted to cover costs for
any geologic hazard abatement in an amount to be determined
by the City Engineer.
7. Prior to issuance of grading permits, written approval must
be obtained from the owners of properties within the City
for which off-site grading for trails is proposed or may
result.
8. A note shall be placed on the approved grading plan that
requires the Director of Environmental Services approval of
rough grading prior to final clearance. The Director (or a
designated staff member) shall inspect the graded sites for
accuracy of pad elevations, created slope gradients, and pad
size. The developer or their designee shall provide
certification for all grading related matters.
9. All of the recommendations made by the City Engineer and the
City Geologist during their on-going review of the project
shall be incorporated into the approved grading plans.
10. Prior to issuance of a building permit, an as -graded soils
and geologic report, complete withgeologic map, shall be
submitted to and approved by the City Geologist in
conformance with accepted City practice.
11. Prior to issuance of a building permit, an as -built
geological report for structures founded on bed rock and an
as -built soils and compaction report for structures founded
on fill and all engineered fill areas shall be submitted to
and approved by the City Geologist in conformance with
accepted City practice.
Resol. 92-27, Exhibit "A"
Page 7 of 16
99 0480301'
12. All grading shall be monitored by a licensed engineering
geologist and/or soils engineer in accordance with
applicable provisions ofthe Municipal Code and the
recommendations of the City Engineer.
13. All grading shall be balanced on-site. However, should
earth, rock or other material be required to be hauled from
the project site, a major revision to the grading permit,
pursuant to requirements of the Development Code, shall be
subjectto the review and approval of the Planning
Commission.
14. All graded slopes shall be "landform" graded so as to re-
create a more natural appearance to the topographic
contours. Slope gradients shall be natural and no abrupt
changes between natural and graded slopes will be permitted.
15. All grading shall conform to Chapter 29, "Excavations,
Foundations, and Retaining Walls", and Chapter 70,
"Excavation and Grading of the Uniform Building Code".
16. Unless otherwise provided in these conditions of approval or
permitted by the Director of Environmental Services, the
project shall comply with all appropriate provisions of the
City's grading ordinance (Chapter 17.50 Grading).
17. All grading activity on the site shall occur in accordance
with all applicable City safety standards.
18. With the exception of the existing 1.5:1 slope adjacent to
Palos Verdes Drive West, all created slopes within the tract
shall not exceed 2:1, unless approved by the Director of
Environmental Services.
19. All graded slopes shall be properly planted and maintained.
Plants shall be selected that are drought tolerant, capable
of developing deep root systems and shall generally consist
of low ground cover to impede water flow on the surface.
Watering for establishment of said plant material shall be
done on cyclesthat will promote deep rooting. Watering
shall be diminished or stopped just prior to and during the
rainy season or upon establishment of the plant material,
whichever comes first. To provide greater slope protection
against scour and erosion, all graded slopes shall be
covered with a jute mat to provide protection while the
ground cover is being established. If appropriate, the
Director of Environmental Services may approve an
alternative material or method to control erosion.
K. LANDSCAPING FOR ALL COMMON AREAS
1. Prior to issuance of grading permits, the developer shall
submit a final landscape and irrigation plan to the Director
of Environmental Services for review and approval of all
Resol. 92-27, Exhibit "A"
Page 8 of 16
99 0480301
1#
open space areas, habitat areas, roadway medians and public
trails. Landscape and irrigation plans shall include the
following:
a. A minimum of eighty percent (80%) drought tolerant plant
materials for all ornamental landscaped areas.
b. Landscaping within all open space areas shall be planted
in such a manner so that views from adjacent properties
and any public right-of-way are not affected and so that
solar access to all dwelling units is protected.
c. All trees selected shall be of a"species which reasonably
could be maintained at 16 feet. Said trees shall be
maintained not to exceed 16 feet in height. Proposed
parkway trees shall be of a small canopy type.
d. The re -seeding and re-establishment of native plant
species for all of the disturbed open space areas,
including, but not limited to the wetlands, the northern
drainage course, the wildlife corridor between Lots 26
and 27 and the California gnatcatcher habitat enhancement
area.
e. Landscaping and irrigation plans for all rough graded
surfaces on individual lots which have been scarified
through grading operations.
f. The landscaped entries and buffer zones shall meet the
standards for Intersection Visibility (Section 17.42.060)
as identified in the Development Code.
Irrigation systems shall utilize drip and bubbler systems
wherever possible. Controlled spray systems may be used
where drip or bubbler systems are not appropriate. All
sprinkler heads shall be adjusted to avoid overspray.
g.
h. All high water use areas shall be irrigated separately
from drought tolerant areas.
i. Irrigation systems shall be on automatic timers and shall
be adjusted for seasonal water needs.
2 . Within 30 days after Final Tract Map approval, or before
sale of any individual lot, which ever occurs first, the
developer shall submit to the City a Covenant to Maintain
Property to protect views for each lot. All fees associated
with recording said covenants shall be paid by the
developer.
L. TRACT FENCING PLANS
1. A complete project fencing plan (including public trails,
habitat areas, warning signage and proposed fence and wall
Reso l . 92-27, Exhibit "A"
Page 9 of 16
99 0480301
details) shall be approved by the Director of Environmental
Services prior to issuance of grading permits. Said fencing
plan shall incorporate the following:
a. A 42 inch high pipe rail fence, of suitable design,
placed along the length of the bluff top on the seaward
side of the bluff top pedestrian trail. It shall be the
responsibility of the developer to install this fencing
and warning signage to coincide with the construction of
the bluff top pedestrian trail.
b .
,A fence around the wetlands and : the California
gnatcatcher habitat enhancement area on Lot 80, and
wildlife corridor between Lot 26 and 27. Said fencing
shall satisfy all . requirements of theproject biologist,
incorporate a method to prevent domesticated animals from
entering the habitat areas, include-appropriate—warning
ning
signage and shall be black or dark green in color.
Temporary fencing shall be installed around the existing
habitat areas prior to the issuance of grading permits
and the permanent fencing shall be installed prior to the
sale of any lot within adjacent workable phases.
c. Except for the fencing specified in Condition No. Lib, a
maximum three (3) foot high fence that allows 90% light
and air to pass through shall be placed along the east
property line adjacent to Palos Verdes Drive West.
d. Any change to the fence design criteria shall be approved
by the Director of Environmental Services.
DEVELOPMENT OF INDIVIDUAL LOTS
M. GRADING FOR CONSTRUCTION OF INDIVIDUAL RESIDENCES
1. Prior to issuance of a building permit, an independent
Geology and/or Soils Engineer's report on the expansive
properties of soils on all building sites shall be submitted
to and approved by the City Geologist in conformance with
accepted City practice. Such soils are defined by Building
Code Section 2904 (b).
2. Remedial grading, consisting of over -excavation and
recompaction for geologic stability which will not alter the
contours shown on the approved tract grading plan shall be
reviewed and approved by the Director of Environmental
Services. In addition, grading up to 1,000 cubic yards for
residential use of an individual lot shall be subject to
review and approval by the Director of Environmental
Services. Grading in excess of 1,000 cubic yards, or
grading to alter the finished pad elevations shall require
approval by the Planning Commission.
Resol. 92-27, Exhibit "A"
Page 10 of 16
99 0480301
3. No construction and/or grading on individual lots,
except for 2:1 transitional slopes between split level pad
areas on the same lot, shall be permitted on 3:1 or greater
slopes.
4. All retaining walls shall be subject to review by the
Director of Environmental Services with subsequent reporting
to the Planning Commission, if required, for review and
approval pursuant to Section 17.50 of the City Development
Code.
5. Foundations and floor slabs cast on expansive soils will be
designed in accordance with Los Angeles County Code Section
2907-i.
N. DEVELOPMENT PLANS FOR CONSTRUCTION OF INDIVIDUAL RESIDENCES
1. Prior to issuance of any grading or construction permits for
individual lots, final improvement plans for each lot and
structure shall be submitted to the Director of
Environmental Services for review and approval. Said plans
shall include, but are not limited to, plot plan, section
and elevation drawings, grading and exterior lighting plans.
The plot plan shall clearly show existing and proposed
topography, all proposed structures, all easements, and
setbacks. The section and elevation drawings shall clearly
indicate maximum proposed height and ridge elevation for all
structures, fences, walls, accessory structures, and
equipment.
2. Unless otherwise specified in these conditions of approval,
all structures and development on individual lots shall
comply with RS -1 development standards.
O. PRIVATE OUTDOOR LIVING SPACE
1. Each residential lot shall provide a private outdoor living
area in an amount not less than four hundred (400) square
feet for each bedroom in the unit. This area shall be
adjacent to and provide a private, usable area for each
dwelling unit.
P. MINIMUM OPEN SPACE REQUIREMENTS OF INDIVIDUAL RESIDENCES
1
Maximum lot coverage, including building footprint,
driveway, parking areas and other accessory structures,
shall not exceed 30%.
2. In addition to the above open space requirements, the square
footage of habitable space in each residence shall be
limited to eight thousand (8,000) square feet.
Resol. 92-27, Exhibit "A"
Page 11 of 16
99 0480301
Q. SETBACKS
1. The minimum front yard setback shall vary from twenty-five
(2 5) feet to thirty-five (3 5) feet throughout the
development, as established in the attached Exhibit "B",
which is hereto incorporated into this condition of
approval.
2. The minimum combined side yard setback shall be thirty-five
(35) feet, with a minimum of fifteen (15) feet on one side,
so that no two homes are closer than thirty (30) feet to one
another.
3. The minimum street side setback shall be twenty (20) feet.
4. The minimum rear yard setback shall be twenty-five (25) feet
on Lots 31 to 57 and Lots 58 to 68. No accessory structures
(except pools and in -ground spas) and minor equipment shall
be permitted within the rear yard setback of these lots.
5. The minimum rear yard setback shall be fifty (50) feet on
Lots 1 to 30 and Lots 69 to 79. No accessory structures
(except pools and in -ground spas) and minor equipment shall
be permitted within the rear yard setback of these lots.
R. BUILDING FACADES AND ROOFLINES
1. On those pad lots with a maximum building height of 26 feet,
per Condition Sl, and on all split level pad lots, no
unbroken, vertical two story facades shall be allowed in
order to avoid solid, unarticulated two story facades. The
upper level of these structures shall be a minimum of twenty
(20) percent smaller than the footprint of the structure,
including the garage. On the rear and front facades of
those pad lots with a maximum building height of 26 feet,
and on the rear facade of all split level lots, a minimum of
seventy (70) percent of the upper level elevation shall be
setback from the lower level. In no case shall the upper
level setback be less than six (6) feet, as measured from
the building face of the lower elevation. This setback area
shall be used only as a roof area or an uncovered deck or
balcony.
2. The roof of the main structure on each residence shall have
a pitch of at least 2 in 12 except where it is necessary to
have small areas with less pitch in order to comply with
Building Code criteria.
3. On lots 31 to 33, 39 to 45 and 70 to 71 which are closest to
Palos Verdes Drive West, the main ridge of the structure
shall be perpendicular to Palos Verdes Drive West.
4. Roofing materials shall be Class A and non-combustible.
Resol. 92-27, Exhibit "A"
Page 12 of 16
99 0480301
S. HEIGHTS
1. Building heights for all residential structures are limited
as follows:
Lots 1 - 3 26 feet
Lots 4 - 28 16 feet upslope/26 feet downslope
Lots 29 - 35 16 feet
Lots 36 - 37 16 feet upslope/26 feet downslope
.Lots 38 - 39 16 feet
Lots 40 - 53 16 feet upslope/26 feet downslope
Lots 5 4 - 57 26 feet
Lots 58 - 68 16 feet upslope/24 feet downslope
Lots. 69 - 72 16 feet
Lots 73 - 79 16 feet upslope/24 feet downslope
2. All heights shall be measured pursuant to View Preservation
and Restoration Section 17.02.040 of the Rancho Palos Verdes
Development Code.
T. SOLAR SYSTEM
1. All dwelling units shall be designed and constructed so that
the plumbing and circulation system will allow utilization
of solar energy as part of the hybrid system for providing
hot water. Solar panels shall not exceed the ridgeline of
the structure on which they are placed.
2. All proposed solar installation shall be reviewed by the
Director of Environmental Services and for consistency with
the provisions of the Development Code.
^ENCING ON INDIVIDUAL LOTS
rior to the sale of any lot within each workable phase, the
developer shall install a decorative, maximum six (6) foot
high fence which allows a minimum of 90% light and air to
pass through along the rear property lines of Lots 31 to 79,
along the south street side setback line of Lot 31 and
within the rear yard setback (rear and side property lines)
of Lots 1 to 30.
2. No fencing shall be permitted within the required front yard
setback on all residential lots.
U. LIGHTING
1. Exterior residential lighting should be limited to the
standards of Section 17.54.030 of the Development Code.
V. APPLIANCES
1. All residences shall install and maintain in proper working
Resol. 92-27, Exhibit "A"
Page 13 of 16
99 0480301
order an electronic garage dooropener for each garage door.
install All units shall be required to and maintain low
water use plumbing fixtures including, but not limited to,
low flow toilets and shower heads.
W. TRAILS PLAN IMPLEMENTATION
1. Construction of the public trails and related signage shall
be the obligation of the developer. Construction shall
coincide with the project grading activity and shall be
completed upon certification of rough grading. No physical
obstructions shall be permitted or constructed within any
trail easement which may interfere with the public's ability
to use the trail for its dedicated purpose. Dedication of
the public trails shall occur at the time the final map is
recorded.
Resol. 92-27, Exhibit "A"
Page 14 of 16
99 0480301"
RESOLUTION NO. 92-27
EXHIBIT "B"
VARIABLE FRONT YARD SETBACKS
CONDITIONAL USE PERMIT NO. 158
COASTAL PERMIT NO. 94 AND GRADING NO. 1436
(VESTING TENTATIVE TRACT MAP NO. 46628)
LOT MINIMUM FRONT YARD SETBACK.
1 35'
2 35'
3 35'
4 35'
5 35'
6 35'
7 35'
8 35'
9 30'
10 30'
11 25'
12 25'
13 25'
14 30'
15 30'
16 30'
17 35'
18 35'
19 35'
20 35'
21 35'
22 35'
23 35'
24 35'
25 35'
26 30'
27 25'
28 30'
29 35'
30 35'
31 25'
32 30'
33 35'
34 30'
35 25'
36 35'
37 35'
38 25'
39 25'
40 30'
41 ,25'
Resol. 92-27, Exhibit "A"
Page 15 of 16
99 0480301
�oG
LOT MINIMUM FRONT YARD SETBACK
42 25'
43 25'
44 30'
45 35'
46 35'
47 35'
48 35'
49 30'
50 35'
51 35'
52 35'
53 30'
54 30'
55 25'
56 25'
57 30'
58 35'
59 35'
60 35'
61 35'
62 35'
63 35'
64 30'
65 25'
66 25'
67 25'
68 30'
69 35'
70 35'
71 35'
72 35'
73 25'
74 25'
75 30'
76 30'
77 35'
78 35'
79 35'
Resol. 92-27, Exhibit "A"
Page 16 of 16
99 048030''
RESOLUTION NO. 95-85
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES REPEALING RESOLUTION
90-57.
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
DOES HEREBY RESOLVE AND ORDER AS FOLLOWS:
Sgction 1. Resolution No. 90-57 entitled "A RESOLUTION
OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING GUIDELINES FOR
PUBLIC ART IN PRIVATE DEVELOPMENT TO IMPLEMENT RANCHO PALOS
VERDES ORDINANCE NO. 257" is hereby repealed.
Section 2. Due to the repeal of Chapter 15.30 of the
Rancho Palos Verdes Municipal Code, which established the City's
Public Art Program ("the Program"), and the repeal of Resolution
No. 90-57, which implemented the Program and established a fee in
connection therewith, the Program has been discontinued. As of
this time, no fees have been collected by the City, although
requirements for compliance with the Program were imposed on
certain development projects which were approved by the City
while the Program was in effect. Because the Program no longer
exists and no fees have been collected, the City Council hereby
resolves that any conditions of approval which were imposed on a
development project to implement the Program shall be of no
further force and effect. The City Council further directs City
Staff to refrain from enforcing any condition of approval which
was imposed on a development project to implement the Program.
PASSED, APPROVED and ADOPTED this 15TH day of AUGUST, 1995.
_Ls1 LEE B. BYRD
MAYOR
ATTEST:
[V JO PURCELL
CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) SS
CITY OF RANCHO PALOS VERDES
I, JO PURCELL, City Clerk of the City of Rancho Palos
Verdes, hereby certify tha)t the above Resolution No. 95-85 was
duly and regularly passed and adopted by the said City Council at
a regular meeting thereof held on August 15, 1995.
950810 R6871-00001 mae 5231604
CITY CLERK
99 0480301
ol
P.C. RESOLUTION NO. 97-12
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING
CONDITIONAL USE PERMIT NO. 158 - REVISION "A" FOR
MINOR AMENDMENTS TO THE DEVELOPMENT PLANS
FOR CONSTRUCTION OF INDIVIDUAL RESIDENCES
WITHIN THE APPROVED RESIDENTIAL PLANNED
DEVELOPMENT; AND, FORWARDING A
RECOMMENDATION OF SUBSTANTIAL CONFORMANCE
WITH APPROVED VESTING TENTATIVE TRACT MAP NO.
46628 TO THE CITY COUNCIL
WHEREAS, on March 17, 1992, the City Council approved Conditional Use Permit
No. 158 and Vesting Tentative Tract Map No. 46628 for a Residential Planned
Development with 79 single family Tots and 5 open space Tots on a 132 acre vacant site
located seaward of the terminus of Palos Verdes Drive West and Hawthorne Boulevard,
between Lunada Pointe on the north and the Point Vicente Interpretive Center on the
south; and,
WHEREAS, as part of the dedication of nearly 71 acres of open space to the City,
the project is conditioned to preserve certain areas of the site for wildlife habitat and to
enhance the existing Coastal Sage Scrub habitat areas for use by the California
gnatcatcher; and,
WHEREAS, the subject property was recently purchased by J.M. Peters Company,
who wishes to proceed with the approved Vesting Tentative Tract Map; and,
WHEREAS, shortly after the approval of the project in 1992, the California
gnatcatcher was listed as a federally threatened species and the City enrolled in the
Natural Communities Conservation Planning (NCCP) program. In order for the developer
to remove Coastal Sage Scrub habitat on the property prior to the adoption and
certification of the City's NCCP program, the City must issue a special approval ("4d"
Permit), and the United States Department of Fish and Wildlife must concur with the
issuance of this permit; and,
WHEREAS, in order to concur with the 4d Permit, the Unites States Fish and
Wildlife Service has requested that the developer slightly modify the layout of the
approved Vesting Tentative Tract Map, in order to provide a better connection between the
habitat areas on the subject site and other habitat areas in the area, particularly the City
Hall (upper Pointe Vicente Park) property. City Staff determined that the minor
modification to the approved map would require the amendment of several of the
conditions of approval for the Residential Planned Development approved through
Conditional Use Permit No. 158 and a determination that the map was in substantial
conformance with approved Vesting Tentative Tract Map No. 46628; and,
99 oo3or
oq
WHEREAS, on February 14, 1997, the J.M. Peters Company submitted an
application for Conditional Use Permit No. 158 - Revision "A" and an "information only"
map to the Department of Planning, Building and Code Enforcement, with a request that
the City find the map to be in substantial conformance with approved Vesting Tentative
Tract Map No. 46628; and,
WHEREAS, after a courtesy notice was sent to all property owners within a 500 foot
radius of the subject property, on February 25, 1997, the Planning Commission held a
hearing on the project, at which time all interested parties were given an opportunity to be
heard and to present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND,
DETERMINE AND RESOLVE AS FOLLOWS:
Rection 1: The subject property is adequate in size and configuration to
accommodate the modified residential and open space project since the number of single
family Tots and open space lots will remain the same; the lot sizes and dimensions, street
layout and public trails are generally consistent with the approved project; and, the total
amount of acreage contained in the open space lots will remain the same.
lection 2: The site will continue to be served by Palos Verdes Drive West and
Hawthorne Boulevard, which are both improved streets designed to carry the type and
quantity of traffic that would be generated by the proposed project.
Rection 3: Given the site location, project design and amended conditions imposed
through this revision, the proposed use will not significantly adversely affect the peace
health, safety, or general welfare of the area, nor will it be materially detrimental to
property values, jeopardize, endanger or otherwise constitute a menace to the public
health, safety and welfare of persons in the surrounding area since the residential density
is not being increased, public and private views will continue to be protected over the site,
the building pads of several Tots were be made more regular to more easily accommodate
residential construction, and the public access to the bluff top road and open space areas
will be preserved.
Section 4: The proposed project, as modified, further mitigates or reduces
significant adverse effects on the wildlife habitat areas on the site, since the proposed
modifications will provide increased connectivity between the habitat areas on the subject
site and those on adjacent off-site properties in the surrounding area.
P.C. Resolution No. 97-12
Page 2 of 6
99 0480301
Section 5: The "information only" map submitted by the applicant, is in substantial
compliance with the approved Vesting Tentative Tract Map No. 46628, since the number
of single family Tots and open space lots are the same; the lot sizes and dimensions, street
layout and public trails are generally consistent with the approved project; and, the total
amount of acreage contained in the open space Tots will remain the same.
Section 6: 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 Regulation, Title 14, Section 15000 et. seq., the City's Local CEQA
Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and Substances
Statement), Staff found no evidence that Conditional Use Permit No. 158 - Revision "A"
would have a significant effect on the environment and, therefore, the proposed project has
been found to be categorically exempt (Class 1, Section 15301(b)); and,
_Section 7: Any interested person aggrieved by this decision or by any portion of this
decision may appeal to the City Council. Pursuant to Section 17.56.070 of the Rancho
Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing and
with the appropriate appeal fee, no later than fifteen (15) days following February 25,
1997, the date of the Planning Commission's final action.
$ection 8: For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of proceedings, the Planning
Commission of the City of Rancho Palos Verdes hereby: 1) Approves Conditional Use
Permit No. 158 - Revision "A", subject to the revised conditions of approval contained in
Exhibit "A" attached to this resolution and made a part thereof. This approval is subject
a finding by the City Council that the "information only" map submitted by the applicant
is in substantial conformance with Vesting Tentative Tract Map No. 46628. If the City
Council does not find that the "information only" map is in substantial conformance with
the approved vesting tentative tract map, the approval of Conditional Use Permit No. 158 -
Revision "A" shall become null and void; and, 2) forwards a recommendation finding
substantial conformance between the "information only" map dated as received by the City
on February 20, 1997 and approved Vesting Tentative Tract Map No. 46628 to the City
Council.
P.C. Resolution No. 97-12
Page 3 of 6
99 04 803(1
PASSED, APPROVED and ADOPTED this 25th day of February 1997, by the
following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Commissioners Al beri o, Cartwright, Clark, Ng, and
Chairman Vannorsdall
Commissioner Slayden and Vice Chairman Whiteneck
Carolynn I4tru
Director of Planning, Building and
Code Enforcement; and, Secretary
to the Planning Commission
€74trilza--4
Donald E. Vannorsdall
Chairman
P.C. Resolution No. 97-12
Page4of6
99 0480301
2 -
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 158 - REVISION "A"
CONDITIONS OF APPROVAL
The following Conditions of Approval contained in Resolution No. 92-27 are amended to
now read as indicated below:
K. LAND$LAPING FOR ALL G.QMMQN AREAS.
1. Prior to issuance of grading permits, the developer shall submit a final landscape
p
and irrigation plan to the Director of Planning Building and Code Enforcement for
review and approval of all open space areas, habitat areas, roadway medians and
public trails. Landscaping and irrigation plans shall include the following;
d. The re -seeding and re-establishment of native plant species for all of the
disturbed open space areas, including, but not limited to the wetlands, the
northern drainage course, the wildlife corridor between Lots 2F 25 and 27
26, and the California pnatcatcher habitat enhancement area.
Q. SETBACKS
4. The minimum rear yard setback shall be twenty-five (25) feet on Lots 31 to 57 and
Lots 58 to 6@ 67. 78 and 79. No accessory structures (except pools and in -ground
spas) and minor equipment shall be permitted within the rear yard setback of these
lots.
5. The minimum rear yard setback shall be fifty (50) feet on Lots 1 to 30 and Lots 69
68 to 79 77. No accessory structures (except pools and in -ground spas) and minor
equipment shall be permitted within the rear yard setback of these lots.
R. BUILDING FACADE AND ROOFLINES
3. On Lots 30 to 33, 39 to 45 and 69 to 70 which are close to Palos Verdes
Drive West, the main ridge of the structure shall be perpendicular to Palos Verdes
Drive West.
P.C. Resolution No. 97-12
Page 5 of 6
99 0480301.
S. HEIGHTS
1. Building heights for all residential structures are limited as follows:
Lots 1 - 3
Lots 4 - 28
Lots 29 - 35
Lots 36 - 37
Lots 38 - 39
Lots 40 - 53
Lots 54 - 57
Lots 58 - ee 72
- 72
Lots 73-7977
Lots 78 - 79
26 feet
16 feet upslope/26 feet downslope
16 feet
16 feet upslope/26 feet downslope
16 feet
16 feet upslope/26 feet downslope
26 feet
18 feet
•• ••
1618 feet
16 feet
N:\GROUP\PLANNING\RESOS\PC\CUP158.RVA
• • "
••
P.C. Resolution No. 97-12
Page 6 of 6
99 0480309_
RESOLUTION NO. 97-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES FINDING THAT THE
"INFORMATION ONLY" MAP DATED AS SUBMITTED TO
THE CITY ON FEBRUARY 20, 1997 BY J.M. PETERS
COMPANY IS IN SUBSTANTIAL CONFORMANCE WITH
VESTING TENTATIVE TRACT MAP NO. 46628 APPROVED
BY THE CITY ON MARCH 17, 1992
WHEREAS, on March 17, 1992, the City Council approved Conditional Use Permit
No. 158 and Vesting Tentative Tract Map No. 46628 for a Residential Planned
Development with 79 single family lots and 5 open space lots on a 132 acre vacant site
located seaward of the terminus of Palos Verdes Drive West and Hawthorne Boulevard,
between Lunada Pointe on the north and the Point Vicente Interpretive Center on the
south; and,
,
WHEREAS, as part of the dedication of nearly 71 acres of open space to the City,
the project is conditioned to preserve certain areas of the site for wildlife habitat and to
enhance the existing Coastal Sage Scrub habitat areas for use by the California
gnatcatcher; and,
WHEREAS, the subject property was recently purchased by J.M. Peters Company,
who wishes to proceed with the approved Vesting Tentative Tract Map; and,
WHEREAS, shortly after the approval of the project in 1992, the California
gnatcatcher was listed as a federally threatened species and the City enrolled in the
Natural Communities Conservation Planning (NCCP) program. In order for the developer
to remove Coastal Sage Scrub habitat on the property prior to the adoption and
certification of the City's NCCP program, the City must issue a special approval ("4d"
Permit), and the United States Department of Fish and Wildlife must concur with the
issuance of this permit; and,
WHEREAS, in order to concur with the issuance of the 4d Permit, the Unites States
Fish and Wildlife Service has requested that the developer slightly modify the layout of the
approved Vesting Tentative Tract Map, in order to provide a better connection between the
habitat areas on the subject site and other habitat areas in the area, particularly the City
Hall (upper Pointe Vicente Park) property. City Staff determined that the minor
modification to the approved map would require the amendment of several of the
conditions of approval for the Residential Planned Development approved through
Conditional Use Permit No. 158 and a determination that the map was in substantial
conformance with approved Vesting Tentative Tract Map No. 46628; and,
99 0480301
1/(
WHEREAS, on February 14, 1997, the J.M. Peters Company submitted an
application for Conditional Use Permit No. 158 - Revision "A" and an "information only"
map to the Department of Planning, Building and Code Enforcement, with a request that
the City find the map to be in substantial conformance with approved Vesting Tentative
Tract Map No. 46628; and,
WHEREAS, on February 14, 1997, after a courtesy notice was sent to all property
owners within a 500 foot radius of the subject property, the Planning Commission adopted
P.C. Resolution No. 97-12, thereby approving Conditional Use Permit No. 158 - Revision
"A" and forwarding a recommendation to City Council that the "information only" map is in
substantial conformance with approved Vesting Tentative Tract Map No. 46628. Approval
of the revision to the conditional use permit was contingent on the Council finding that the
revised map was in substantial conformance with the 1992 approval; and,
WHEREAS, on March 11, 1997, the City Council held a hearing on the
determination of substantial compliance, at which time all interested parties were given an
opportunity to be heard on the present evidence.
NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY FIND, DETERMINE
AND RESOLVE AS FOLLOWS:
Section 1: The "information only" map submitted by the applicant includes the
following changes to the approved project:
1. The open space corridor along the bluff top at the southwest corner of the property
where Open Space lot No. 82 abuts the Point Vicente Interpretive Center property
to the south has been increased from approximately 200 feet to 300 feet in width.
2. The streets and residential Tots in the southern portion of the site (the area abutting
the southern property line and accessed from "A" Street, the bluff top road, by "D"
Street) have been reconfigured to accommodate the 100' increase in setback from
the top of the bluff. In order to accomplish the increase bluff top setback, the
number of single family residential lots is this area of the site has been reduced by
two lots. The revised lots and street are within the previously approved
development and grading envelope. In addition, the side-to-side split level lots in
this portion of the site have been modified to single -level pad lots, without
increasing the overall height of the building pads.
3. In order to preserve the same number of single family lots as the original approval,
Lot Nos. 78 and 79 have been re -located to the middle portion of the site, between
Lot No. 36 and Open Space Lot No. 80 and would take access from "B" Street.
Resolution No. 97-21
Page 2 of 4
99 0480301
ie
4. The pedestrian access corridor between Lot Nos. 18 and 19 has been shifted
slightly to the south to be between Lots Nos. 21 and 22, so as to maintain a straight
trail connection between Open Space Lot Nos. 80 and 82.
Section 2: The "information only" map submitted by the applicant, is in substantial
compliance with the approved Vesting Tentative Tract Map No. 46628 for the following
reasons:
1. The number (79) and, therefore, the density of the single family residential lots is
the same as the original approval.
2. The sizes and dimensions of the single family residential Tots are generally
consistent with the approved project.
3. The layout of the public streets and trails are consistent with the approved project,
and provide the same connections as were provided in the original approval.
4. The number (5) and the total amount of acreage contained in the open space lots
will remain the same.
5. Public access to the site, including the bluff top road and open space areas, will be
provided in a manner consistent with the original approval.
6. Public and private views will continue to be protected over the site.
7. The building pads of several Tots were be made more regular to more easily
accommodate residential construction.
Sectipn 3: The proposed project, as modified, further mitigates or reduces
significant adverse effects on the Califomia gnatcatcher, since the proposed modifications
9
will provide increased connectivity between the Coastal Sage Scrub habitat areas on the
subject site and those on adjacent off-site properties in the surrounding area, as requested
by the United States Fish and Wildlife Service.
SectiQn 4: On March 17, 1992, the City Council certified Final Environmental
Impact Report No. 35 for the proposed project, including the associated Mitigation
Monitoring Program and Statement of Overriding Considerations. Since the proposed
modification are in substantial conformance with the approved project and substantially
less than the project analyzed in EIR No. 35, the modifications will not result in any new
significant impacts that were not identified in the certified EIR. In addition, substantial
9
changes to the project would not occur with respect to the circumstances under which the
Resolution No. 97-21
Page 3 of 4
99 0480301
•
project is undertaken which would require revision to the certified EIR, since there are no
new significant environmental impacts that were not considered in the certified EIR, and
there is no new information of substantial importance to the project which indicates that the
project will have one or more significant effects not discussed previously in the EIR.
Therefore, the Environmental Impact Report previously certified for the proposed project
adequate and does not require any further analysis or revision.
Sectipn 5: 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.
Section 6: For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes, testimony received at the hearing and other records
of proceedings, the City Council hereby finds that the "information only" map dated as
received by the City on February 20, 1997 is in substantial conformance with Vesting
Tentative Tract Map No. 46628 approved by the City on March 17, 1992.
PASSED, APPROVED and ADOPTED this 11th day of March 1997.
A i i tST:
/S/ JO PURCELL
CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OR RANCHO PALOS VERDES
/S/ JOHN C. McTAGGART
MAYOR
ss
1, Jo Purcell, City Clerk for the City of Rancho Palos Verdes, hereby certify that the above
Resolution No. 97-21 was duly and regularly passed and adopted by the said City Council
at an adjourned meeting held on March 11, 1997.
N:IGROUPIPL.ANNINGIRESOS1CC\CUP 158.RVA
Jo Purcell, City Clerk
City of Rancho Palos Verdes
Resolution No. 97- 21
Page 4 of 4
99 0480301'
111
1
RESOLUTION NO. 97-48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES ADOPTING AN AFFORDABLE
HOUSING IN -LIEU FEE AND ASSOCIATED
ADMINISTRATIVE FEE PURSUANT TO SECTION 17.11.050
OF THE RANCHO PALOS VERDES MUNICIPAL CODE
WHEREAS, the City of Rancho Palos Verdes General Plan Housing Element
includes goals, policies and programs to address the affordable housing needs of the
City; and,
WHEREAS, on March 18, 1997 the City Council adopted Ordinance No. 320,
which adopted amendments to Titles 16 and 17 of the City of Rancho Palos Verdes
Municipal Code, including Section 17.11.050 which allows in -lieu fees to be provided
as an alternative to affordable housing units required pursuant to Sections 17.11.040 or
17.11.030 of that Chapter; and,
WHEREAS, pursuant to Government Code Section 66018, the specific fees to
be charged for services must be adopted by the City Council by Resolution, after
providing notice and holding a public hearing; and,
WHEREAS, notice of the public hearing for establishment of the aforementioned
fees has been provided pursuant to Government Code Section 66016(a) and 6062(a).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
BectiQn 1: Establishment of an in -lieu affordable housing fee is consistent with
the City of Rancho Palos Verdes General Plan as one of the General Plan Housing
Element Policies (page V-42) indicates, "Large commercial and residential projects
should contribute to a housing impact mitigation fee to facilitate the development of
affordable housing within the City or elsewhere in the South Bay area". Further, on
page V-44, one of the implementation actions indicates, "Evaluate and, if feasible,
implement a development fee for commercial and residential development to be
allocated to an affordable housing fund to be used in the event such development is
approved..."
Section 21 Establishment of an in -lieu affordable housing fee is consistent with
the City of Rancho Palos Verdes Development Code as Chapter 17.11 indicates, "In
order to provide housing affordable to all segments of the community and preserve and
maintain low and moderate income housing opportunities... consistent with the goals of
the City's adopted general plan housing element and state law, this chapter further
specifies procedures under which applicants for... new residential projects, shall be
99 0480301
required to provide for housing affordable to very low, low and moderate income
households". Further, Development Code Section 17.11.040 indicates, "Upon City
Council approval, in -lieu fees may be provided as an alternative to units required
pursuant to Sections 17.11.040 or 17.11.130 of this chapter. The fee per affordable
unit to be provided, shall be established by City Council resolution".
Section 3: After analyzing various options, the City Council has established an
in -lieu fee as $1 per square foot of habitable residential structure. For the purposes of
this fee, habitable residential structure does not include a garage or other similar non -
habitable accessory structures, as determined by the Director of Planning, Building and
Code Enforcement.
Sectipn 4: To help offset the City administrative costs in managing any
affordable housing program that distributes the in -lieu funds, an administrative fee
equal to 10% of the in -lieu fee amount shall be required to be paid by applicants who
pay the in -lieu fee to the City. If it is determined at a later date that this amount is not
equivalent to the administrative costs involved to implement the program, then the
administrative fee amount can be adjusted by the City Council.
Section 5: Pursuant to Section 3 and 4 above, an in -lieu fee in the amount of $1
per square foot of habitable residential structure, as defined in Section 3 above,
proposed within the subject development plus 10% of the total fee to cover associated
administrative costs may be accepted by the City in -lieu of providing affordable units
on-site within the subject development pursuant to Chapter 17.11 of the Development
Code, subject to review and approval by the City Council.
agction 6: For development projects where the units will be constructed by the
developer prior to the sale of Tots, the in -lieu fees and associated administrative fee
required by Section 5 will be based upon the square footage of the habitable structures
which are proposed to be constructed by the developer and shall be paid by the
developer prior to completion of any of the public improvements, which shall include,
but not be limited to, streets, sidewalks, sewers and storm drains.
Section 7: For developments of "for -sale" custom lots where the vacant lots will
be sold to accommodate individual, future custom homes, the in -lieu fees and
associated administrative fee required by Section 5 will be based upon the average
square footage of the habitable structures that may be built on the Tots within the
development, as determined by the Director of Planning, Building and Code
Enforcement. The Director's estimate of the average size of the habitable structures
that will be constructed will be based on the developm nt standards of the particular
tract. The in -lieu fees and associated administrative fee required by Section 5 shall be
paid by the developer prior to completion of any of the public improvements, which
shall include, but not be limited to, streets, sidewalks, sewers and storm drains.
Resolution No. 97-48
Page 2 of 3
99 0480301
Section 8: The amount of the subject in -lieu fees and associated administrative
fee shall be verified by the Director of Planning, Building and Code Enforcement, and
shall be paid to the City Finance Department.
Section 9: To ensure that the in -lieu affordable housing fee is consistent with
the potential changes in rental :rates, the in -lieu affordable housing fee shall be
reviewed every 5 years from the effective date of this Resolution. However, if such
review is not conducted, the failure to conduct the review shall not prevent the City from
collecting the fee which is in effect at that time.
1997.
Section 111 Effective Date. This Resolution shall go into effect on August 2,
PASSED, APPROVED, AND ADOPTED THE 3rd DAY OF JUNE, 1997.
j„,9/ OHN C. McTAGGART
MAYOR
A i i tST:
Lf JO PURCELL
CIN CLERK
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss
CIN OF RANCHO PALOS VERDES }
1, Jo Purcell, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the
above Resolution No. 97-48 was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on June 3, 1997.
NAGROUPIP'LANNINGIRESOSVCCIREHSGFE E .3
CIN CLERK
Resolution No. 97-48
Page3of3
99 0480301'
RESOLUTION NO. 97-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES APPROVING A "4D" PERMIT TO
ALLOW THE REMOVAL OF COASTAL SAGE SCRUB
HABITAT IN CONJUNCTION WITH VESTING TENTATIVE
TRACT MAP NO. 46628 (SUBREGION 1)
WHEREAS, on March 17, 1992, the City Council approved Conditional Use Permit
No. 158 and Vesting Tentative Tract Map No. 46628 for a Residential Planned
Development with 79 single family Tots and 5 open space lots on a 132 acre vacant site
located seaward of the terminus of Palos Verdes Drive West and Hawthorne Boulevard,
between Lunada Pointe on the north and the Point Vicente Interpretive Center on the
south; and,
WHEREAS, as part of the dedication of nearly 71 acres of open space to the City,
the project is conditioned to preserve certain areas of the site for wildlife habitat and to
enhance the existing Coastal Sage Scrub habitat areas for use by the California
gnatcatcher; and,
WHEREAS, the subject property was recently purchased by J.M. Peters Company,
who wishes to proceed with the approved Vesting Tentative Tract Map; and,
WHEREAS, shortly after the approval of the project in 1992, the California
gnatcatcher was listed as a federally threatened species and the City enrolled in the
Natural Communities Conservation Planning (NCCP) program. In order for the developer
to remove Coastal Sage Scrub habitat on the property prior to the adoption and
certification of the City's NCCP program, the City must issue a special approval ("4d"
Permit), and the United States Department of Fish and Wildlife must concur with the
issuance of this permit; and,
WHEREAS, in order to concur with the issuance of the 4d Permit, the Unites States
Fish and Wildlife Service has requested that the developer slightly modify the layout of the
approved Vesting Tentative Tract Map, in order to provide a better connection between the
habitat areas on the subject site and other habitat areas in the area, particularly the City
Hall (upper Pointe Vicente Park) property. City Staff determined that the minor
modification to the approved map would require a determination that the map was in
substantial conformance with approved Vesting Tentative Tract Map No. 46628; and,
99 0480301
WHEREAS, on February 14, 1997, the J.M. Peters Company submitted a request
to the Department of Planning, Building and Code Enforcement that the City Council issue
a "4d" permit in conjunction with approved Vesting Tentative Tract Map No. 46628; and,
WHEREAS, on February 25, 1995, the Planning Commission adopted P.C.
Resolution No. 97-12 forwarding a recommendation to the City Council that the
"information only" map was in substantial conformance with Vesting Tentative Tract Map
No. 46628 approved by the City in 1992; and,
WHEREAS, on March 11 and June 3, 1997, the City Council held a hearing on the
requested "4d" permit, at which time all interested parties were given an opportunity to be
heard on the present evidence.
NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY FIND, DETERMINE
AND RESOLVE AS FOLLOWS:
Sectipn 1: The habitat loss does not cumulatively exceed the 5% guideline, since
the total amount of Coastal Sage Scrub within the City boundaries as of March 25, 1993
has be calculated at 1,267.6 acres. Therefore, 5% of this amount of habitat equates to
63.4 acres that could potentially be removed prior to the adoption of the NCCP. The
proposed project would result in the loss of 7.14 acres of existing Coastal Sage Scrub
habitat. If all of the development projects previously approved by the City, including the
proposed project, and proposed City public works projects are implemented, the total
amount of interim loss would be less than the 5% maximum loss. Additional habitat will
also be created as a result of the mitigation required in Section 5 of this Resolution.
Section 2: The habitat loss will not preclude or prevent connectivity between areas
of high habitat value. The enhanced Coastal Sage Scrub to be provided on the site will
be within the line of site of similar habitat located across Palos Verdes Drive South on the
City Hall property and the slope below the Los Verdes Golf Course. As evidenced by the
occupation of the site in 1991 by a pair of gnatcatchers, when all of the current barriers
also existed, the line of sight connection may be sufficient to allow use of the enhanced
habitat area by the California gnatcatcher. Due to the fact that the existing habitat on the
site is of low quality, the site has been unoccupied for a number of years by gnatcatchers,
and this area will probably be on the northern extreme of the NCCP habitat preserve area,
it is possible that the NCCP effort may determine that a connection is not needed or that
the limited resources available for implementing a Coastal Sage Scrub preserve system
are put to better use in another portion of the planning subarea. Notwithstanding the
above, increased connectivity would be provided for in the form of the modifications to the
approved vesting tentative tract map that were approvecj by the City Council on March 11,
1997.
Resolution No. 97-49
Page 2 of 5
99 04 80 301
Section 3: The habitat loss would not preclude or prevent the preparation of a
NCCP final preserve plan. The subject property was mass graded in 1972 in preparation
for the development of a high density, multiple -family residential project. However, the
project was abandoned and in the intervening years, a small amount of Coastal Sage
Scrub habitat has reestablished on the property. Although the EIR prepared for the
original project documented that:the site was occupied by a pair of California gnatcatchers
in 1991, the birds have not documented on the site since that time. Accordingly, it can be
inferred that the habitat is not -currently of high value to the species. This fact, in
combination with the very small amount of Coastal Sage Scrub that would be removed,
would not preclude or prevent the preparation of a NCCP final preserve plan.
Section 4: The habitat Toss has been minimized to the maximum extent practicable.
In 1992, the project was conditioned to preserve and enhance a minimum of 15 acres of
Coastal Sage Scrub habitat on Open Space Lot No. 80 for a California gnatcatcher
reserve. This requirement was based on the fact that Open Space Lot No. 80 included the
portion of the site that was being used by a pair of gnatcatcher in 1991. In addition, the
landowner was required to re -vegetate Open Space Lot No. 82 (along the bluff top) with
"native vegetation." The USFWS has requested that the current project preserve and
enhance a minimum of 30 acres of Coastal Sage Scrub on the site. The level of mitigation
for the previous and currently proposed project exceeds the 3:1 replacement of Coastal
Sage Scrub which is typically required for projects of this type. Therefore, since Open
Space Lot No. 80 will still be preserved as part of the modified project and the USFWS
has still requested that 15 acres of Coastal Sage Scrub be re -vegetated, habitat loss has
been minimized and mitigated to the maximum extent possible.
Section 5: The habitat Toss will not appreciably reduce the likelihood of survival and
recovery of listed species in the wild. The California gnatcatcher has not been
documented as using the subject property for foraging or breeding since 1991. Therefore,
it is unlikely that removal of the habitat will have an immediate or direct impact on the
species. In addition, with the proposed mitigation, which includes 30 acres of habitat
replacement, the amount and quality of Coastal Sage Scrub habitat in the area will be
increased dramatically over existing levels, thereby increasing the likelihood of survival
and recovery of the California gnatcatcher, as well as other sensitive Coastal Sage Scrub
species.
Section 6: Habitat Toss is incidental to otherwise lawful activities. The habitat loss
would be associated with the development of Vesting Tentative Tract Map No. 46628,
which was approved by the City in 1992. Therefore, the removal of the habitat would be
incidental to the development of 79 single family residential lots, public recreational
facilities and associated infrastructure, such as stye is and utilities, which are lawful
activities under the City's General Plan, Coastal Specific Plan and Zoning Map.
Resolution No. 97-49
Page 3 of 5
99 0480301
Section 7: On March 17, 1992, the City Council certified Final Environmental
Impact Report No. 35 for the proposed project, including the associated Mitigation
Monitoring Program and Statement of Overriding Considerations. Since the issuance of
the "4d" permit would be in substantial conformance with the approved project and
substantially less than the project analyzed in EIR No. 35, the issuance of the permit will
not result in any new significant impacts that were not identified in the certified EIR. In
addition, substantial changes to the project would not occur with respect to the
circumstances under which the project is undertaken which would require revision to the
certified EIR, since there are no new significant environmental impacts that were not
considered in the certified EIR, and there is no new information of substantial importance
to the project which indicates that the project will have one or more significant effects not
discussed previously in the EIR. Therefore, the Environmental Impact Report previously
certified for the proposed project is adequate and does not require any further analysis or
revision.
Section 8: 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.
section 9: For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes, other records of proceedings and testimony provided
at the meeting of March 11 and June 3, 1997, the City Council hereby approves the
issuance of a "4d" permit for Vesting Tentative Tract Map No. 46628, in accordance with
"information only" map submitted to the City on February 20, 1997 pursuant to the
requirements of the Natural Communities Conservation Planning Process Guidelines.
PASSED, APPROVED and ADOPTED this 3rd day of June 1997.
A i u ST:
/S/ JO PURCELL
CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OR RANCHO PALOS VERDES
/S/ JOHN C. McTAGGART
MAYOR
ss
Resolution No. 97-49
Page4of5
99 0480301
1, Jo Purcell, City Clerk for the City of Rancho Palos Verdes, hereby certify that the above
Resolution No. 97-49 was duly and regularly passed and adopted by the said City Council
at a regular meeting held on June 3, 1997.
N:IGROUPIPLANNING\RESOSICCITTM46628.4D
• Jo Purcell, City Clerk
City of Rancho Palos Verdes
Resolution No. 97-49
Page 5 of 5
99 0480301
RESOLUTION NO. 99-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES FINDING THAT THE FINAL
TRACT MAP DATED AS SUBMITTED TO THE CITY ON
JANUARY 13, 1999, BY CAPITAL PACIFIC HOLDINGS,
INC., IS IN SUBSTANTIAL CONFORMANCE WITH VESTING
TENTATIVE TRACT MAP NO. 46628 APPROVED BY THE
CITY ON MARCH 17, 1992
WHEREAS, on March 17, 1992, the City Council adopted Resolution No. 92-26
approving Vesting Tentative Tract Map No. 46628 for a residential subdivision with
seventy-nine single-family lots (Lots 1 through 79) and five open space Tots (Lots 80
through 84) on a 132 -acre vacant site located seaward of the terminus of Hawthorne
Boulevard at Palos Verdes Drive West, between the Lunada Pointe community on the
north and the Point Vicente Interpretive Center on the south; and,
WHEREAS, on March 11, 1997, the City Council adopted Resolution No. 97-21,
making a finding of substantial conformance for a modification to Vesting Tentative Tract
Map No. 46628 which relocated two residential Tots (Lots 78 and 79) in response to a
request from the U.S. Fish and Wildlife Service and as a part of their concurrence with the
City's issuance of a "4(d)" permit for the taking of coastal sage scrub habitat on the site;
and,
WHEREAS, the applicant, Capital Pacific Holdings, Inc. has prepared and
submitted a final tract map for approval and recordation which differs from Vesting
Tentative Tract Map No. 46628 in that the number of open space Tots has increased from
five to twelve (although to total open space acreage is approximately the same); 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
December 15, 1998, and January 5 and January 19, 1999, at which time all interested
parties were given an opportunity to be heard and present evidence.
NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY FIND, DETERMINE
AND RESOLVE AS FOLLOWS:
Section 1: The final tract map submitted by the applicant includes the following
changes to the approved project:
Resolution No. 99-04
Page 1 of 4
99 0480301
1. The pedestrian access corridor between Lots 21 and 22 has been numbered "Lot
85."
2. The wildlife access corridor between Lots 25 and 26 has been numbered "Lot 86."
3. Median strips have been created within the right-of-way of the bluff -top loop road
(Street 'A' on the tentative map) at the north and south entries from Palos Verdes
Drive West and are numbered "Lot 87" and "Lot 88," respectively.
4. Median islands have been created within the right-of-way at the intersections of the
bluff -top loop road (Street 'A') with Streets 'C', 'B' and 'D' and are numbered "Lot
89," Lot 90" and "Lot 91," respectively.
5. Residential Tots 1, 30 and 31 and open space Tots 80, 81, 82 and 83 have been
modified slightly to accommodate the additional open space lots described above.
6. The new open space lots 85 though 91 will be offered for dedication to the City for
open space and park purposes, along with open space lots 80 through 84.
Section 21 The final tract map submitted by the applicant is in substantial
compliance with the approved Vesting Tentative Tract Map No. 46628 for the following
reasons:
1. The number (79) and, therefore, the density of the single family residential lots is
the same as the original approval.
2. The sizes and dimensions of the single family residential Tots are generally
consistent with the approved project.
3. The layout of the public streets and trails are consistent with the approved project,
and provide the same connections as werePP
rovided in the original approval.
P 9
4 The number of open space Tots has increased from five to twelve. but the total
acreage contained in the open space Tots will remain the approximately the same,
and still significantly exceeds the minimum 30 -percent dedication required by the
City's Development Code.
5. Public access to the site, including the bluff top road and open space areas, will be
provided in a manner consistent with the original approval.
Resolution No. 99-04
Page 2 of 4
99 0480301
Section 3: On March 17, 1992, the City Council certified Final Environmental
Impact Report No. 35 for the proposed project, including the associated Mitigation
Monitoring Program and Statement of Overriding Considerations. Since the proposed
modifications are in substantial conformance with the approved project analyzed in EIR
No. 35, the modifications will not result in any new significant impacts that were not
identified in the certified EIR. In addition, substantial changes to the project would not
occur with respect to the circumstances under which the project is undertaken which would
require revision to the certified EIR, since there are no new significant environmental
impacts that were not considered in the certified EIR, and there is no new information of
substantial importance to the project which indicates that the project will have one or more
significant effects not discussed previously in the EIR. Therefore, the Environmental
Impact Report previously certified for the proposed project adequate and does not require
any further analysis or revision.
Section 4: 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.
Section 5: For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes, testimony received at the hearing and other records
of proceedings, the City Council hereby finds that the final tract map dated as received by
the City on January 13, 1999, is in substantial conformance with Vesting Tentative Tract
Map No. 46628 approved by the City on March 17, 1992.
Resolution No. 99-04
Page 3 of 4
99 0480301
PASSED, APPROVED, AND ADOPTED this 19th day of January 1999.
AiitST:
/S/ JO PURCELL
City Clerk
State of California
County of Los Angeles
City of Rancho Palos Verdes
)
) ss
/S/ TQM HOLLINQSWORTH
Mayor
1, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, hereby certify that
the above Resolution No. 99-04 was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on January 19, 1999.
M:\USER SVCITF\WPWI N601COU NC I L1FTM466281FTM46628. R E S
City Clerk
City of Rancho Palos Verdes
Resolution No. 99-04
Page 4 of 4
99 0480301'
0
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Cit)r
TOP OF
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SCALE 1"=300'
82
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20
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78
MATCH LINE SEE SHEET 2
EXHIBIT "D"
MAP DEPICTING ALL OF THE PUBLIC AMENITIES
TRACT 4662[
IN THE CITY OF RANCHO PALOS VERDES, COUNTY OF LOS ANGELES.
SHT. 1/4
EASEMENT Nt, i tS:
Q INDICATES EASEMENT DEDICATED TO THE CITY OF RANCHO PALOS VERDES
FOR SANITARY SEWER PURPOSES
81 INDICATES EASEMENT DEDICATED TO THE CITY OF RANCHO PALOS VERDES FOR
COVERED STORM DRAIN PURPOSES AND APPURTENANT STRUCTURES AND
INGRESS AND EGRESS.
82 INDICATES EASEMENT DEDICATED TO THE CITY OF RANCHO PALOS VERDES FOR
COVERED STORM DRAIN PURPOSES.
83 INDICATES EASEMENT DEDICATED TO THE CITY OF RANCHO PALOS VERDES FOR
APPURTENANT STRUCTURE AND INGRESS AND EGRESS.
® INDICATES EASEMENT DEDICATED TO THE CITY OF RANCHO PALOS VERDES FOR
FLOOD CONTROL PURPOSES.
C1 INDICATES EASEMENT DEDICATED TO THE CITY OF RANCHO PALOS VERDES
FOR WILDLIFE ACCESS PURPOSES
C2 INDICATES EASEMENT DEDICATED TO THE CIN OF RANCHO PALOS VERDES
FOR PEDESTRIAN ACCESS PURPOSES
® INDICATES RESERVED FOR ENTRY LANDSCAPING AND RELATED PURPOSES TO BE
DEDICATED TO THE HOMEOWNER'S ASSOCIATION BY SEPARATE INSTRUMENT.
QF INDICATES RESERVED FOR OPEN SPACE PURPOSES TO BE DEDICATED TO THE
HOMEOWNER'S ASSOCIATION BY SE PARATE INSTRUMENT.
INDICATES EASEMENT DEDICATED TO THE CITY OF RANCHO PALOS VERDES
FOR SIDEWALK PURPOSES
NOTE: SEWER, WATER, STORM DRAIN, ELECTRICAL, CABLE T.V. GAS
TELEPHONE, SIDEWALKS do TRAILS ARE PUBLIC AMENITIES
LOCATED WITHIN THE PUBLIC STREETS.
LOT 80-91 INCLUSIVE IN FEE SIMPLE FOR OPEN SPACE AND PARK
PURPOSES ARE GRANTED TO THE CITY OF RANCHO PALOS VERDES.
(VCPH
AIDS /DS CONSUL TING
17320 Redhill Avenue, Suite 350 (714) 251-8821
Irvine, CA 92614 FAX 251-0516
PUMPS
•
DIGINEERMO SURVEY..
I:\35972\EXHIBITS\EXH—D 1.DWG 10/26/98
•
MATCHLINE SEE SHEET 1
21 85 I
---= z--
22
--PUBLIC TYP ��
STREET
23
80
EXHIBIT "D"
MAP DEPICTING ALL OF THE PUBLIC AMENITIES
TRACT 46628
IN THE CITY OF RANCHO PALOS VERDES, COUNTY OF LOS ANGELES.
SHT. 2/4
82
it
SCALE 1" =300'
TOP OF
BLUFF
-tes\-\'°•
11
1
11
11
11
11
11
11
11
11
11
A
28 i 29
82
81
67
88
68
64
75
65
MENTO
CAVE
74
73
72
69
70
EASEMENT NU, LS:
QA INDICATES EASEMENT DEDICATED TO THE
FOR SANITARY SEWER PURPOSES
0 INDICATES EASEMENT DEDICATED TO THE
COVERED STORM DRAIN PURPOSES AND
INGRESS AND EGRESS.
B2 INDICATES EASEMENT DEDICATED TO THE
COVERED STORM DRAIN PURPOSES,
Q INDICATES EASEMENT DEDICATED TO THE
APPURTENANT STRUCTURE AND INGRESS
�4 INDICATES EASEMENT DEDICATED TO THE
FLOOD CONTROL PURPOSES.
INDICATES EASEMENT DEDICATED TO THE
FOR WILDLIFE ACCESS PURPOSES
C1
CITY OF RANCHO PALOS VERDES
CITY OF RANCHO PALOS VERDES FOR
APPURTENANT STRUCTURES AND
CITY OF RANCHO PALOS VERDES FOR
CITY OF RANCHO PALOS VERDES FOR
AND EGRESS.
CITY OF RANCHO PALOS VERDES FOR
CITY OF RANCHO PALOS VERDES
C2 INDICATES EASEMENT DEDICATED T') THE CITY OF RANCHO PALOS VERDES
FOR PEDESTRIAN ACCESS PURPOSES
�E INDICATES RESERVED FOR ENTRY LANDSCAPING AND RELATED PURPOSES TO BE
DEDICATED TO THE HOMEOWNER'S ASSOCIATION BY SEPARATE INSTRUMENT.
0 INDICATES RESERVED FOR OPEN .SPACE PURPOSES TO BE DEDICATED TO THE
HOMEOWNER'S ASSOCIATION BY SEPARATE INSTRUMENT.
6-4) INDICATES EASEMENT DEDICATED TO THE CITY OF RANCHO PALOS VERDES
FOR SIDEWALK PURPOSES
NOTE: SEWER, WATER, STORM DRAIN, ELECTRICAL, CABLE T.V. GAS
TELEPHONE, SIDEWALKS do TRAILS ARE PUBLIC AMENITIES
LOCATED WITHIN THE PUBLIC STR'ITS.
LOT 80-91 INCLUSIVE IN FEE SIMPLE FOR OPEN SPACE AND PARK
PURPOSES ARE GRANTED TO THE CITY OF RANCHO PALOS VERDES.
CPH
RicAspi MDS CONSUL TING
wow oo�mi sau�rc
17320 Redhill Avenue, Suite 35f1
Irvine, CA 92614
17320 Redhill Avenue, 350
Irvine, 92614
(714) zs,—esti
fAX 2s�—os�e
251-8821
FAX 251-0516
PUNNING
• EI#FJMNO
• SURVEYN3
I:\35972\EXHIBITS\EXH-D2.DWG 10/27/98
eamir
87
\ t '
PUBLIC
WETLANDS
\ RESTORATION
AREA
PUBLIC
PAARKING
LT
\\\
EXHIBIT "D"
MAP DEPICTING ALL OF THE PUBUC AMENITIES
TRACT 46628
IN THE CITY OF RANCHO PALOS VERDE'', COUNTY OF LOS ANGELES.
SHT. 3/4
82
TOP OF
BLUFF -
15
lit
SCALE 1" =300'
LEGEND
FIRE BREAK LIMITS
• 8' CLASS I E3IKE LANE TRAIL
CLASS 11 BIKE LANE TRAIL
_._._._._._ 6' PEDESTRIAN/EQUESTRIAN TRAIL
0 0 0 0 0 4' PEDESTRIAN TRAIL
16
17
37
n
i l
'018 0 36 55
0
'AS VL 79 19 t
'^PARK Ty I 3:). 78
PUBLIC � 20
82 PARKING .. - - - -
fCPH
Aiff,s,I MDS CONSULTING
• OOIOCH SC ULTZ
17320 Redhill Avenue, Suite 350 (714) 251-8821
PUNNING
Irvine, CA 92814 FAX 251-0516
• 'ENGINEERING • SURVE INO
I:\35972\EXHIBITS\EXH—D3.DWG 10/27/98
MATCHLINE SEE SHEET 3
CL's
CAD:
PUBLIC
PARKING
i
\ \ AUTOMOBILE
TURNOUT
21 FIRE BREAK
85
PEDESTRIAN
ACCESS
22 _ PUBLIC OPEN SPACE COASTAL
SAGE SCRUB REVEGETATION
(POTENTIAL GOLF COURSE)
23
80
r0\
o1
,
EXHIBIT "D"
MAP DEPICTING ALL OF THE PUBLIC AMENITIES
TRACT 46628
IN THE CITY OF RANCHO PAIRS VERDES, COUNTY OF LOS ANGELES.
ANIMAL
ACCESS
PUBLIC
PARKIN
TOP OF
BLUFF
COPSE P�
OPEN SPACE pZ�ON
PUB�1C
81 GE 5��� G01.F C0�
FIEA
RE B 66 67
64 65 \ \
68
FIR
BREA
AREA
77
76
75
74
73
72
4' WIDE 2.5 DEEP IMPROVED DRAINAGE
CHANNEL TO BE MAINTAINED BY CITY/COUNTY
SHT. 4/4
SCALE 1" =300'
LEGEND
FIRE BREAK LIMITS
8' CLASS 1 BIKELANE TRAIL
— . — . — CLASS 11 BIKELANE TRAIL .
_._._._,_._ 6' PEDESTRIAN/EQUESTRIAN TRAIL
4' PEDESTRIAN TRAIL
CPH
Al11) Twos .CONSULTING
17320 R�dAAI Avenue, Suite 350 (714) 2S1-8521
Irvine, CA 92614 FAX 251-0516
17320 Redhil Avenue, Suite 350 251-8821
Irvine, CA FAX 251-0516
MANNINO
• SURVEYING
I:\ 35972\ EXHIBITS\EXH—D4.DWG 10/27/98
Exhibit E
Slant Drain Reimbursement Sclleduje
Rancho Palos Verdes — Tract 46628
Alternate No. 1 (Does not include city Drains e
Hard Cost �
Civil Engineering 767,527
Soil Engineering 50,150
City (fling Yen) Fees (2%) 252,100
City/County Fees (3%) 15,351
Bonds (2%) 31,012
15,351
Sub -Total
1,131,491
Contingency (5%)
56,575
GRAND TOTAL
1,188,066
Alternate No. 2
(Iflcltjdes City D
rainaggi
Hard Cost
Civil EngineQrin 940,931
Soil E g
�neering 50,150
Engineering
Yen)252100
City (B;ng Fees (2%) 18
ntyFees(3%),819
C,ty/Cou
Bonds o
(2 /o) 33,614
18,819
Sub -Total
1,314,433
Contingency (5%)
65,722
GRAND TOTAL
1,380,155
D1FFERENC
jAL
192,089
City'8 Cost Percentage
192,089
1,380,155 = 13.92%
99
04-8030T
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' pRobucER
License No. 0786045
D.L.D. Insurance Brokers
2424 S.E. Bristol #360
Newport Beach, CA 92660
INSURED
RPV Associates LLC
4100 MacArthur Blvd., Ste. 200
Newport Beach, CA 92660
CO
LTR
• ' ' • • ' ' • ' " •
• .:••;:•:;;;;,,,,,:•... • • •,:.;;;;;:.
•
DATE (MM/DD/YY)
, 12/22/97
THIS CERTIFICATE ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY
A Investors Ins. Company Of
COMPANY
B
COMPANY
COMPANY
MA
.•.••
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE
A GENERAL UABIUTY
X COMMERCIAL GENERAL LIABILITY
1 CLAIMS MADE X OCCUR
OWNER'S & CONTRACTOR'S PROT
AUTOMOBILE UABIUTY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
GARAGE UABIUTY
ANY AUTO
EXCESS UABIUTY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
EMPLOYERS' UABIUTY
THE PROPRIETOR/
PARTNERS/EXECUTIVE
OFFICERS ARE:
OTHER
INCL
EXCL
POUCY EFFECTIVE POUCY EXPIRATION
POUCY NUMBER UMITS
DATE (MM/DD/YY) DATE (MM/DD/YY)
GLP1002984
10/20/97 10/20/99
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
Re: Rancho Palos Verdes Project. The City, its officers, agents and
employees are named as Additional Insureds per the attached Form CG20261185
GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG
PERSONAL & ADV INJURY $
EACH OCCURRENCE
FIRE DAMAGE (Any one tire) $
MED EXP (Any one person) $
COMBINED SINGLE LIMIT $
BODILY INJURY
(Per person)
BODILY INJURY
(Per accident)
PROPERTY DAMAGE
AUTO ONLY - EA ACCIDENT
OTHER THAN AUTO ONLY:
EACH ACCIDENT $
AGGREGATE $
EACH OCCURRENCE
AGGREGATE
WC -
TLIMITS
01 H-
ER
EL EACH ACCIDENT
EL DISEASE - POLICY LIMIT
EL DISEASE - EA EMPLOYEE
$
$
$
1,000.000
1,000,000
1.000.000
1.000,000
50.000
City of Rancho Palos Verdes
Carolyn Petru/Dir.of Planning
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275-5391
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENEEKIIIMPOCID MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
MIX AINNIDOMMIR AlHaial:011111101210a1EILAXIIIXTELAIR. 013EIMEZIMPINII/EISK
AUTH1ZED REPRESENTATIVE
• • ' •
x•x•-•:•,:i...• • ••• • • • • ••• ••••• ••• • •
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(:DEC 19 '97 03: 13PM CPH, - INC . /7 ; 1: 49PM ; Anderson & Anderson-' 714 854 415;'2if. 2/ 2
/ l4 1 •itom-tilitni .&1 1tJ.L : till '1�:' ::�J " 1Aii;1%JrA .+U 411 .',1zVu�•V"?I ;/ .0
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18: aa 014 79e /20a
GOVERNMENT AFFA t R 5 P . 06,008
249 6248
STAB 08 CALriFOANIA.
DEPARTMENT OF INSURANCE
SAN sRANatsco
Ame nd ed
Certificate of Authority
TM. 7.e so Csa ssr'r, Theac pcsneesaneto tho Insurance Code of dda State of Ca%fornia.
Pvcntias PaCitiC lnaurarce Company
of Le .x011a, California - , organ ed under the
Iowa at ca 1 if a•r r i a . ersbf ovs oto tar Artio+ire of Inaorporstifoos or
athrr f utr arnant4 orguntsatkormal ckaustsenie, hereby authorized ea tram within► fiat State,
subfeta era prpoLtionathis Certifichs4e, the foti to of Maeas oerr Eire , Marscue •
surotyr. Dic4bL iby, Mata clasp, :viaeil.ity, Workers' COMpanaieisrl,
Common Carr! Err Boiler arid Mackitsery, Burglary. eradia,
�1Sprinkler, Foam and Vehicle, AutomObi3a, Aircraft, Legal, and miscellaneous
j#, delastas ars now or meg hofier be dined in the base Lau* of the State of California,
Two Cu.r , .,,,PSC TJs is espre$iyi cgmeilktaingia upon alive haldav h.rao f flew aid hereafter being
teal aorrapZt araoa ugh WA, end sit Ir. violation of any, of As appiIdable Laws and Ioiwful requirement"
made Wide? authertr.W of the Taws al the State of California as tong at gulch tanker or rre*irarneraLe aro
veisat and appitaabte, and as auoh & e and regvfr ersrnee rsow arh, or saai, her1Mgkilar be I:hann.ad
or osTMrRdsa
Wzraszaa .• J c lus ssa of
of tWa3451ZY .19--2.§., 1 hams hereunto awe
Ing hand and gamma my officio/ .ai to be aff d rliis�St 7_.
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of y
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Qyeliflstkm w th L e Bet ets y of 8ltata &Mt bo i6-ce aa teeming C:a ed by ea. Ca Code
Droai ttlY cwav+
shrew Isar of this aecdiiCote of Ak fgr. allure to do so will be a vLalama at Los- Code S'vi. 701
andwatt h• sproundir for revokang this Csrtifccte of Author ty fussuaat to the covenants a... Le din applioetfoa
,"'Nthenitos wad r coodusoaa octimined s-
p.m.,. AMP..
POLICY NUMBER: GLP1002984 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES or
CONTRACTORS [Form B]
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
City of Rancho Palos Verdes
Carolyn Petru/Dir.of Planning
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275-5391
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in
the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you.
Re: Rancho Palos Verdes Project. The City, its officers, agents and
employees are named as Additional Insureds per the attached Form CG20261185
CG 20 10 11 85 Copyright, Insurance Service Office, Inc., 1984
ORDINANCE/RESOLUTION NO. ORD. NO. 344 FILE:1203 X 1411
SUBJECT:APFROVING ADEVELOPMENT AGREEMENT WITH THE DEVELOPER OF THE
RESIDENTIAL HOUSING PROJECT THAT IS LOCATED IN SUBREGION 1 OF THE COASTAL
ZONE OF THE CITY OF RANCHO PALOS VERDES.
INTRODUCED:1/19/99 ADOPTED:2/2/99 POSTED/PUBLISHED:2/10/99
ORDINANCE AND RESOLUTION DISTRIBUTION: 7,/lli�,d
CITY ATTORNEY BLIC WORKS DEPT.
RICHARDS, WATSON & GERSHON LAN. BLDG. & CODE ENFORCEMENT
333 SOUTH HOPE ST. , 38TH FLOOR RECREATION & PARKS DEPT.
OS ANGELES, CA 90071 /iii 9 9 CITY MANAGER DEPT.
k//2-j c9. FINANCE DEPT.
BOOK PUBLISHING COMPANY HOMEOWNERS ASSOCIATION
201 WESTLAKE AVE. NORTH APPLICANT
SEATTLE, WA 98109 SCHOOL DISTRICT
REGISTRAR SOUTH BAY MUNICIPAL COURT
12400 E. IMPERIAL HIGHWAY 825 SOUTH MAPLE AVE.
NORWALK, CA 90651-1024 TORRANCE, CA 90503
ATTN: ELECTIONS ADM. ATTN: EXECUTIVE OFFICES
(STREET VACATIONS/EASEMENTS/ LEAGUE OF CALIFORNIA CITIES
ABANDONMENTS/ NAME CHANGES/ 702 HILTON CENTER
DEDICATIONS/TRAILS) LOS ANGELES, CA 90017
L.A. COUNTY REGISTRAR-RECORDER L.A.COUNTY DEPT.OF PUBLIC
12400 E. IMPERIAL HIGHWAY PUBLIC ROADS
NORWALK, CA 90651-1024 ATTN: CITY SERVICES
P.O. BOX 1460
L.A. COUNTY ASSESSOR ALHAMBRA., CA 91802-1460
500 WEST TEMPLE STREET
LOS ANGELES, CA 90012 STATION COMMANDER
(OWNERSHIP, EXEMPTION & MAPPING DIV. ) 16123 NARBONNE AVENUE
LOMITA, CA 90717
SO. CALIFORNIA GAS COMPANY
2929 182ND STREET COX CABLE
REDONDO BEACH, CA 90278-3922 43 PENINSULA
ATTN: M. LOW ROLLING HILLS EST. , CA 90274
SO. CALIFORNIA EDISON COMPANY ///// INSTITUTE OF GOVERNMENTAL
P.O. BOX 2944 STUDIES
TORRANCE, CA 90509 LIBRARY, 109 MOSES HALL
UNIVERSITY OF CALIFORNIA
CALIFORNIA WATER SERVICE CO. BERKELEY, CA 94720 �/f/ /9 q
5837 CREST ROAD WEST
RANCHO PALOS VERDES, CA 90275 a C' 7 H01") . �?Y'�ac�
/,1e S S e, �a r1� e G e2,cter�
GENERAL TELEPHONE COMPANY
22715 HAWTHORNE BLVD. L; nd �' 4.5 •�s7`' D-��l c-�
TORRANCE, CA 90505 � GA, 2' ' iy i & ,
PACIFIC TELEPHONE COMPANY ( ; /r6 -742-`i).
19310 GATEWAY DRIVE, RM. 208
TORR.ANCE, CA 90502
N: \CITYCLERK\FORMS\CNTRLSHT.CC
REVISED 6/98