CC RES 2000-061 RESOLUTION NO. 2000-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES APPROVING TRACT NO. 33034-
AMENDMENT NO. 2, THEREBY APPROVING MODIFICA-
TIONS TO CONDITIONS OF APPROVAL FOR THE FINAL
TRACT MAP FOR THE PANORAMA ESTATES
COMMUNITY, LOCATED AT THE SOUTHERLY TERMINUS
OF CALLE DE SUENOS
WHEREAS, on July 12, 1977, the Planning Commission adopted P.C. Resolution
No. 77-14, thereby conditionally approving Conditional Use Permit No. 24 for a residential
planned development (RPD) consisting of eleven residential lots and a common open
space lot at the southerly terminus of Calle de Suenos; and on August 2, 1977, the City
Council adopted Resolution No. 77-58, thereby certifying Environmental Impact Report
No. 7 and conditionally approving Tentative Tract Map No. 33034 for the subdivision of the
Panorama Estates community; and,
WHEREAS, on January 27, 1989, the applicant, Palos Verdes Panorama Owners'
Association (PVPOA) submitted an application for Conditional Use Permit No. 24-Revision
`A', requesting a reduction in the common open space area of the community, the deletion
of an emergency access easement located between the northerly tract boundary and the
property at 30630 Calle de Suenos, and the installation of vehicular gates on Calle de
Suenos at the northerly tract boundary; and,
WHEREAS, on May 9, 1989, the Planning Commission adopted P.C. Resolution
No. 89-25, which allowed the reduction in common open space, changed the easement
references from "emergency access easement" to "access easement for sanitary sewer
purposes," imposed new restrictions on fencing within the sewer access easement, and
denied the request for vehicular gates; and,
WHEREAS, the Planning Commission's denial of the requested vehicular gates was
based in part upon a determination by Planning Staff and the City Attorney that the private
portion of Calle de Suenos located within the Panorama Estates community had been
offered and accepted for public use, based upon a notation in the Owners' Certificate on
the title page of the final map for Tract No. 33034: and,
WHEREAS, on May 12, 2000 and June 26, 2000, PVPOA submitted applications
for Conditional Use Permit No. 24-Revision `B' and Tract No. 33034-Amendment No. 2 to
allow modifications to certain conditions of approval related to the private status of Calle
de Suenos within the community, and sewer easements and the former emergency access
easement on a portion of a former common open space lot located adjacent to the property
at 30630 Calle de Suenos; and,
WHEREAS, on July 14, 2000, the applications for Conditional Use Permit No. 24-
Revision B' and Tract No. 33034-Amendment No. 2 were deemed complete by Staff; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 21000 et seq. ("CEQA"), the State's CEQA Guidelines,
California Code of Regulations, Title 14, Section 15000 et. seq., the City's Local CEQA
Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and Substances
Statement), Staff found no evidence that Conditional Use Permit No. 24-Revision `B' and
Tract No. 33034-Amendment No. 2 would have a significant effect on the environment and,
therefore, the proposed project has been found to be categorically exempt (Section 15301);
and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos
Verdes Development Code, the Planning Commission held a duly noticed public hearing
on August 8, 2000 to consider the request for Conditional Use Permit No. 24-Revision `B'
and Tract No. 33034-Amendment No. 2, at which time all interested parties were given an
opportunity to be heard and present evidence; and,
WHEREAS, on August 8, 2000, the Planning Commission adopted P.C. Resolution
No. 2000-27, thereby approving Conditional Use Permit No. 24-Revision `B' and
recommending approval of Tract No. 33034-Amendment No. 2 to the City Council; and,
WHEREAS, on August 23, 2000, the 15-day appeal period expired for the Planning
Commission's approval of Conditional Use Permit No. 24-Revision `B' and no appeal was
filed by any interested party; 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
September 19, 2000 to consider the applicant's request and the Planning Commission's
recommendation of approval for Tract No. 33034-Amendment No. 2, 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 request for modifications to the conditions regarding the status of
the private portion of Calle de Suenos is appropriate because the notation on the Owners'
Certificate on the title page of the final map of Tract No. 33034, which reads as follows:
We hereby offer to the public use the private street shown on said map which
shall have ceased to remain closed or posted and shall have been opened
to the public travel for a period of three months or more;
should not have been included on the map because there were no conditions of approval
for the final map that required such an offer of dedication. In fact, Section 91040(B)(1) the
City's 1977 Subdivision Code the Code that was in effect at the time that the map was
Resolution No. 2000-61
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originally approved specifically prohibited the offering of private streets for dedication to
the public. For this reason, the title page of the final map of Tract No. 33034 also includes
the following notation:
That the Calle de Suenos (private street) shown on said map and herein
offered for dedication be and the same is hereby rejected.
This notation, signed by the Deputy City Clerk and dated September 4, 1979, rejects the
offer of dedication in the Owners' Certificate. Therefore, the City Council finds the City
never accepted the offer to dedicate the private portion of Calle de Suenos for public use
because the offer was explicitly rejected at the time that the final tract map was approved.
Section 2: The application for Tract No. 33034-Amendment No. 2 does not
propose vehicular gates on Calle de Suenos. In approving the instant application, the City
in no way warrants or guarantees that any future request for such gates will be approved.
Any future request for vehicular gates or other access controls for the Panorama Estates
community will require, at a minimum, the approval of a conditional use permit revision by
the Planning Commission.
Section 3: The conditions of approval that were originally adopted on August 2,
1977 in conjunction with Resolution No. 77-58, and subsequently amended by Resolution
No. 93-04, should be revised and superceded by the conditions of approval contained in
Exhibit `A' of this Resolution, which are attached hereto and made a part hereof by this
reference.
Section 4: Nothing stated in this Resolution shall affect any other existing
easements located within Lot 12 of Tract No. 33034.
Section 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 and other applicable short periods of limitation.
Section 6: For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of proceedings, the City Council of
the City of Rancho Palos Verdes hereby approves Tract No. 33034-Amendment No. 2.
Resolution No. 2000-61
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PASSED, APPROVED, AND ADOPTED this 19th day of September 2000.
st.N,r4\\
MAYOR
ATTEST:
Piiitet(
CI j CLERK
t
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 above Resolution No. 2000-61 was duly and regularly passed and adopted by the
said City Council at a regular meeting thereof held on September 19, 2000.
• Li) e
it &ef-
City Clerk ,`
City of Ran,ho Palos Verdes
Resolution No. 2000-61
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EXHIBIT `A'
CONDITIONS OF APPROVAL
FOR TRACT NO. 33034-AMENDMENT NO. 2
(Panorama Estates)
1. This approval expires twelve (12) months from the date of approval of this Tract Map
by the City Council of the City of Rancho Palos Verdes.
2. A final grading plan must be approved by the Director of Planning and City Engineer
prior to filing of the final map.
3. A preliminary soil report is required before grading plan approval.
4. Prior to issuance of building permits, submit a soil engineer's report on the
expansive properties of soils as such soils are defined by Building Code Section
2903(d) on all building sites in the proposed subdivision.
5. Landscape and irrigation plans (including street trees) must be approved prior to
filing of a final map. Bonds and agreements must be submitted for any required
grading, landscaping, or irrigation improvements prior to filing of the final map.
6. Drainage plans and necessary support documents to comply with the following
requirements must be approved prior to filing of a final map:
a. Provide drainage facilities to remove the flood hazard to the satisfaction of
the City Engineer and show the necessary easements on the final map.
b. A note of flood hazard to the satisfaction of the City Engineer will be allowed
on the final map for Lot 12 only and dedicate to the City the right to restrict
the erection of buildings or other structures within those portions designated
as areas subject to flood hazard.
c. Show and label all natural drainage courses, unless they are replaced by
drainage facilities.
d. No building permits will be issued for lots subject to flood hazard until
adequate drainage facilities protecting those lots are operable, as determined
by the City Engineer.
e. Provide drainage facilities to protect the lots from high velocity scouring
action.
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f. Provide for contributory drainage from adjoining properties.
7. The final map must be approved by the Engineering Geology Section to assure that
all geologic factors have been properly evaluated.
8. A grading plan must be approved by the Engineering Geology Section. This grading
plan must be based on a detailed engineering geology report and/or soils
engineering report and must be specifically approved by the geologist and/or soils
engineer and show all recommendations submitted by them. It must also agree with
the tentative map and conditions as approved by the Planning Commission. All
buttresses over twenty-five (25) feet must be accompanied by calculations.
9. All geologic hazards associated with this proposed development must be eliminated
or delineate a restricted use area approved by the consultant geologist to the
satisfaction of the Engineering Geology Section and dedicate to the City the right to
prohibit the erection of buildings or other structures within the restricted use areas.
10. Specific recommendations will be required from the consultant(s) regarding the
suitability for development of all lots designed essentially as ungraded site lots. A
report will be filed with the State Real Estate Commissioner indicating that additional
geologic and/or soils engineering studied may be required for ungraded site lots by
the Engineering Geology Section.
11. Approval of this land division is contingent upon the installation and dedication of
local main line sewers and separate house laterals to serve each lot of the land
division.
12. The subdivider shall consult the Sanitation Division of the Department of City
Engineer to determine the sewer design requirements.
13. Easements are tentatively required, subject to review by the City Engineer, to
determine the final locations and requirements.
14. All lots shall be served by adequately sized water system facilities, which shall
include fire hydrants of the size and type and location as determined by the Fire
Chief. The water mains shall be of sufficient size to accommodate the total
domestic and fire flows required for the land division. Domestic flows required are
to be determined by the City Engineer. Fire flows required are to be determined by
the Fire Chief.
15. At the time the final land division map is submitted for checking, plans and
specifications for the water system facilities shall be submitted to the City Engineer
for checking and approval and shall comply with the City Engineer's standards.
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Approval for filing of this land division is contingent upon approval of plans and
specifications mentioned above. If the water system facilities are not installed prior
to the filing of this land division, the subdivider must also 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 guaranteeing the installation of the water system, or
b. An agreement and other evidence satisfactory to the City Engineer indicating
that the subdivider has entered into a contract with the serving 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.
16. There shall also be filed with the Mapping Division a statement from the water
purveyor indicating that the proposed water mains and other required facilities will
be operated by the purveyor and that, under normal operating conditions, the
system will meet the requirements for the land division.
17. A final tract map prepared by, or under the direction of, a registered civil engineer
or licensed land surveyor must be processed through the City Engineer prior to
being filed with the County Recorder.
18. Easements shall not be granted or recorded within areas proposed to be granted,
dedicated, or offered for dedication for public streets or highways, access rights,
building restriction rights, or other easements until after the final tract 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 tract map.
19. Prior to submitting the tract map to the City Engineer for his examination pursuant
to Section 66442 of the Government Code, obtain clearances from all affected
departments and divisions, including clearance from the Subdivision Section of
Mapping Division of the County Engineer for the following items: mathematical
accuracy, survey analysis, correctness of certificates and signatures, etc.
20. Right of way for private drain No. T476 shall be correctly shown and labeled on the
final map.
21. Dedicate to the City complete access rights to all adjacent areas, except for Calle
de Suenos.
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22. The extension of Calle de Suenos which serves Tract 33034 shall be shown on the
final map as a private street.
23. The subdivider shall be required to repair portions of streets damaged by him during
construction of the project.
24. Dedicate to the City the right to prohibit the construction of structures within all
commonly owned areas, except for common recreational facilities, which may be
allowed, subject to approval of the City of Rancho Palos Verdes.
25. If a remainder of the ownership is not shown as a lot on this map or a parcel map
filed to separate the property, the remainder of the ownership should be shown as
a "not a part" with a note to the satisfaction of the City Engineer indicating that the
"not a part" is not in compliance with the Subdivision Map Act and local ordinance.
26. A parkland dedication fee of$3487.00 shall be paid to the City prior to the approval
of the final tract map.
27. The developer shall post a cash deposit or bond or a combination thereof in an
amount sufficient to cover the cost of improvement of the emergency vehicle access
and pedestrian access easements. Said improvements shall include appropriate
surface treatment, low-level lighting, and landscaping. The decision of the extent
of said improvements shall be subject to approval by the Director of Planning. The
maintenance of said access improvements, except for the pedestrian easement (Pt.
Vicente Trail) shall be the responsibility of the Homeowners' Association. Upon
recordation of a grant deed in a form acceptable to the City Attorney, ownership of
the underlying fee of the Pt. Vicente Trail easement, including the path and stairs,
shall be transferred to the City. At that time, the City will incur all maintenance and
ownership responsibilities for the path and stairs. All bond monies and/or cash
deposits shall be released and/or refunded to developer if not utilized for said
purpose within five (5) years from the date of recording the final tract map.
28. Prior to approval of the final map, a qualified archaeologist shall perform definitive
tests to determine the extent and exact location of archaeological resources. The
archaeologist's written statement and recommendations shall be transmitted to the
Director of Planning so that it may be studied and a determination of final action can
be made. If the resources are determined to be significant the developer shall be
required to excavate or preserve the site(s). Excavation should be carried out under
the direction of a qualified observer.
29. Prior to recordation, comply with Section 66493-C (relative to special assessments)
of the State Subdivision Map Act.
30. A bond or cash deposit shall be posted to guarantee the installation of an
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ornamental street light at each end of the private street. The maintenance of these
lights shall be the responsibility of the homeowners' association.
31. No vehicular access will be permitted onto Lot 12, except for that portion which is
the private street right-of-way of Calle de Suenos. This condition shall be made a
part of the CC&Rs. Within Tract No. 33034, Calle de Suenos is a private street,
which is for the exclusive use of the members of the Association, their invitees and
guests, and the holders of any easements within the private street right-of-way of
Calle de Suenos.
32. That a setback, to be determined by staff, be required for lots 1 through 5 which
border the golf course. Such setback will be wide enough to create sufficient
distance for safety from stray golf balls. Developer will be required to provide
appropriate landscaping and fencing to provide maximum safety.
33. Developer will be required to improve subject emergency right-of-way through the
golf course, subject to the City obtaining right-of-way.
34. Pathway reflected in Conditional Use Permit No. 24 shall be relocated at the request
of the City to another location within the subdivision in the event of City's ability to
obtain access in another location.
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Resolution No. 2000-61
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