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CC RES 1999-051 RESOLUTION NO. 99-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, DENYING THE APPEAL AND APPROVING TENTATIVE PARCEL MAP NO. 25271 TO ALLOW THE SUBDIVISION OF A 29.40-ACRE SITE INTO TWO (2) PARCELS FOR FINANCING AND CONVEYANCE PURPOSES ONLY, LOCATED AT THE NORTHWEST CORNER OF CRENSHAW BOULEVARD AND CRESTRIDGE ROAD WHEREAS, on March 29, 1999, the applicant, Palos Verdes Portuguese Bend Company, submitted applications for Tentative Parcel Map No. 25271 and Environmental Assessment No. 706 to allow the subdivision of a vacant, 29.40-acre site into two (2) parcels for financing and conveyance purposes; and, WHEREAS, on April 14, 1999, the applications for Tentative Parcel Map No. 25271 and Environmental Assessment No. 706 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), the City of Rancho Palos Verdes prepared an Initial Study and determined that there is no substantial evidence that the approval of Tentative Parcel Map No. 25271 would result in a significant adverse effect upon the environment and, therefore, a Negative Declaration has been prepared and notice of same was given in the manner required by law; and, WHEREAS, on February 2, 1999, the City Council adopted Resolution No. 99-07 certifying a Supplement to Environmental Impact Report No. 27 for the Marriott senior lifecare a facility project (Conditional Use Permit No. 195, et al.) on the adjacent 4.57-acre remainder portion of Tentative Parcel Map No. 25271; and also adopted Resolution No. 99-08 approving Conditional Use Permit No. 195, et al., which included Condition No. 63 requiring off-site grading on a portion of Parcel 1 of proposed Tentative Parcel Map No. 25271; and, WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code and the State CEQA Guidelines, the Planning Commission held a duly noticed public hearing on May 11, 1999, and adopted P.C. Resolution No. 99-14, thereby certifying the Negative Declaration, and P.C. Resolution No. 99-15, thereby conditionally approving Tentative Parcel Map No. 25271; and, WHEREAS, on May 26, 1999, and within the 15-day appeal period prescribed by the Rancho Palos Verdes Development Code, the Planning Commission's approval of Tentative Parcel Map No. 25271 was appealed to the City Council by Crestridge Estates LLC, the developer of the proposed Crestridge Estates residential project that would also occupy a portion of the subject property; and, WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the City Council held a duly noticed public hearing on June 15, 1999, at which time all interested parties were given an opportunity to be heard and present evidence; and, WHEREAS, the City Council of the City of Rancho Palos Verdes has adopted Resolution No. 99-50, adopting a Negative Declaration for this project prior to taking action on the appeal of Tentative Parcel Map No. 25271. NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan because the subject property is designated Institutional and Hazard Area and these land use designations will not change as a result of the proposed map; the resulting parcels created by the map will not be capable of further development without additional City approvals; the configuration of the proposed lots is consistent with the topography of the site and should allow for future development of the site with less grading than would occur without the proposed subdivision; the size and shape of the proposed lots are adequate to accommodate a variety of uses permitted under the Institutional land use designation; the p otential for additional traffic resulting from the future development of the proposed lots should not create significant adverse impacts upon surrounding arterials and intersections; and, as such, the proposed map will not lead to any physical change to the site nor will it allow for the development of the subject property for uses which are not consistent with the City's General Plan. Section 2: Since no physical development of the site is proposed by this application and it is intended only to allow portions of the property to be reconveyed to the previous property owner, the site is physically suitable for the proposed application; the proposed lots have been reviewed by the City's geotechnical consultant and deemed appropriate for subdivision purposes, although additional project-specific analysis will be required prior to any future development; both proposed lots provide for buildable areas in excess of 3,000-square-foot minimum required by the City's Subdivision Ordinance; and any future application which calls for the physical development of the site shall require new and separate review by the City. Resolution No. 99-51 Page 2 of 8 Section 3: The current Institutional and Hazard Area land use designations for the property will not change as a result of the proposed map. Therefore, the site is physically suitable for the proposed application, and any future development application that calls for a change in density or intensity of use of the site shall require new and separate review by the City. Section 4: No physical development or improvements to the site are proposed by this application. Although there may be small areas of sensitive habitat on portions of Parcel 2, these areas are primarily designated Open Space Hazard and will not be disturbed as a result of the proposed map. Therefore, the proposed map is not likely to cause environmental damage or to injure fish or wildlife in their habitat, and any future application which calls for development in these sensitive habitat areas shall require new and separate review by the City. Section 5: Since the proposed map will not lead to any physical changes to the site or surrounding neighborhoods, there will be no construction-related impacts or other adverse affects upon public health, safety or welfare, nor any effect upon existing geologic conditions or upon recent or historic landslide activity on or adjacent to the site; and any future application which calls for the physical development of the site shall require new and separate review by the City. Section 6: Since existing utility easements over portions of the site will not be adversely affected by this application and the conceptual trails across the site do not currently exist as dedicated public easements, the proposed map will not conflict with any easements acquired by the public at large for access through or use of the subject property; and any future application which calls for the physical development of the site shall be analyzed for its impacts upon such easements. Section 7: On February 2, 1999, the City Council certified a Supplement to Final Environmental Impact Report No. 27 for the Marriott senior lifecare facility project (Conditional Use Permit No. 195, et a/.) on the adjacent 4.57-acre remainder portion of Tentative Parcel Map No. 25271, including the associated Mitigation Monitoring Program and Statement of Overriding Considerations. Since the proposed modifications to Conditional Use Permit No. 195, et a/. for grading on Parcel 1 of Tentative Parcel Map No. 25271 are in substantial conformance with the approved Marriott senior lifecare facility project analyzed in EIR No. 27 and its Supplement, the modifications will not result in any new significant impacts that were not identified and analyzed in the certified EIR and its Supplement, or the addition of any new mitigation measures beyond those that were imposed on the Marriott senior lifecare facility project. Similarly, the inclusion of grading on a portion of Parcel 1 of Tentative Parcel Map No. 25271 is in substantial conformance with the tentative parcel map analyzed in the certified Negative Declaration. In addition, because no development is proposed in connection with Tentative Parcel Map No. 25271, Resolution No. 99-51 Page 3 of 8 substantial changes to either Conditional Use Permit No. 195, et al. or Tentative Parcel Map No. 25271 would not occur with respect to the circumstances under which either project is undertaken which would require revision to the certified EIR and Supplement or the Negative Declaration, since there are no new significant environmental impacts that were not considered in the certified EIR and Supplement and Negative Declaration, and there is no new information of substantial importance to either project which indicates that the proposed projects will cause one or more significant effects not discussed previously in the EIR and Supplement and Negative Declaration. Therefore, the grading which is to be performed on Parcel 1 of Tentative Parcel Map No. 25271 has been fully analyzed in EIR No. 27 and its Supplement and is within the scope of those documents. Section 8: The City Council has reviewed the objections raised by the appellant and found them to be without merit because: A. An Initial Study was prepared in order to analyze the environmental impacts (if any) of the proposed map. This analysis included the review of a number of potential environmental effects, including but not limited to, the issues of future land use, traffic impacts, ingress and egress, view impacts and open space. As a result of this environmental review, it has been determined that the proposed map does not have the potential to cause significant adverse environmental impacts. In addition, the surrounding neighborhood was provided with an adequate public notice and opportunity to comment upon the proposed map. B. The conceptual grading and site plan analyses provided by the applicant demonstrate that the proposed lots will accommodate a variety of foreseeable uses under the current Institutional land use designation. This conceptual analysis is consistent with the existing development standards for the Institutional portions of the property, including but not limited to, setbacks, building height and off-street parking. In addition, this analysis further demonstrates that the Institutional portions of the proposed lots are potentially developable without encroachment into those portions of the lots designated Open Space Hazard. C. The proposed map does not require any change in the existing General Plan land use designations for the subject property (Institutional and Open Space Hazard). The additional analysis provided by the applicant demonstrates that the resulting lots will be adequate to accommodate uses that are consistent with the current Institutional land use designation. This is also consistent with provisions of the General Plan that identify the Crestridge Road area as "an area for religious and other [institutional] activities, centrally located, with good access and buffered from residential neighborhoods." Resolution No. 99-51 Page 4 of 8 Section 9: 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 10: 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 denies the appeal and approves Tentative Parcel Map No. 25271, thereby allowing the subdivision of a 29.40-acre site into two (2) parcels for financing and conveyance purposes only, located at the northwest corner of Crenshaw Boulevard and Crestridge Road, subject to the conditions contained in Exhibit 'A', attached hereto and made a part hereof, which are necessary to protect the public health, safety and welfare in the area. PASSED, APPROVED, AND ADOPTED this 15th day of June 1999. / 46(14 f.,( (2 Ma .r ATTEST: ty Clerk tate 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. 99-51 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on June 15, 1999. / Cit, Clerk Cite of Rancho Palos Verdes _Resolution No. 99-51 Page 5 of 8 EXHIBIT 'A' CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP NO. 25271 (Northwest Corner of Crenshaw Boulevard and Crestridge Road) General 1. The applicant and the property owner shall submit to the City a statement, in writing, that they have read, understand, and agree to all conditions of approval contained in this Resolution. Failure to provide said written statement within ninety (90) days of adoption of this Resolution shall render this approval null and void. 2. This approval is for the subdivision of a 29.40-acre portion of a 33.97-acre site into two parcels, and a 4.57-acre remainder parcel not associated with this project. The acreage of the two parcels is as follows: Parcel 1 - 9.76 acres; Parcel 2 - 19.64 acres. No physical development, alteration or improvement of the site is permitted as a part of this project. 3. The approval of the Tentative Parcel Map expires twenty-four(24) months from the date of final approval of the parcel map, unless extended per the Subdivision Map Act. Any request for extension shall be submitted to the City prior to the expiration date. 4. This parcel map is prepared for financing and conveyance purposes only, and the parcels created by this map are not capable of further development without additional City approvals. 5. At such time as the development of either or both of the proposed parcels is approved by the City of Rancho Palos Verdes, the applicant and/or property owner shall be obligated to comply with all applicable provisions of Chapter 16.20 "Dedications and Improvements" of the Rancho Palos Verdes Municipal Code. 6. The applicant shall supply the City with one mylar and one print of the recorded map. Within Forty-eight (48) Hours of the Adoption of this Resolution 7. The applicant shall provide to the City a check for twenty-five dollars ($25.00), payable to "County Recorder," for the filing of a Notice of Determination for the Negative Declaration and a Certificate of Fee Exemption for the California Department of Fish and Game de minimis impact finding. Resolution No. 99-51 Page 6 of 8 Prior to the Recordation of a Final Parcel Map 8. The City's filing fee for a final map shall be paid within six (6) months of approval of the tentative map. 9. Within twenty-four (24) months from the date of filing of the final map, the developer shall set survey monuments and tie points and furnish tie notes to the City Engineer. All lot corners shall be referenced with permanent survey markers in accordance with the Municipal Code. All boundary corners shall be referenced with permanent survey markers in accordance with the Subdivision Map Act. 10. Easements shall not be granted within easements already dedicated or offered for dedication to the City, or a public utility, until after the final map is filed and recorded with the County Recorder. No easements shall be granted after recording of the final map that in any way conflict with a prior easement dedicated to the City, or any public utility. If any easements are granted before recordation of the final map, the holder of said easement shall execute a quitclaim deed in favor of the City or any public utility. All existing easements shall be shown on the final map and shall remain in full force and effect unless expressly released by the holder of the easement. 11. Prior to submitting the final map to the City Engineer for his/her examination, the applicant shall obtain clearance from all affected departments and divisions, including a clearance from the City Engineer for items including, but not limited to: mathematical accuracy, survey analysis, correctness of certificates and signatures. 12. The applicant shall post faithful performance bonds for monumentation in the full amount of the cost of setting such monuments, guaranteeing the faithful performance of all such work of setting monuments and furnishing notes, pursuant to Section 16.20.160 and 16.20.170 of the Rancho Palos Verdes Development Code. 13. If signatures of record title interests appear on the final map, the applicant shall submit a preliminary guarantee. A final guarantee will be required at the time of filing 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. The account for this preliminary title report guarantee should remain open until the final map is filed with the County Recorder. 14. The final map shall include a dedication of a temporary construction easement to permit grading, generally in the southwesterly portion of Parcel 1, to accommodate Resolution No. 99-51 Page 7 of 8 off-site grading for the Marriott senior lifecare facility (AKA Brighton Gardens) Alternative 'B' plan (dated October 27, 1998), as approved by the City Council on February 2, 1999, pursuant to Resolution No. 99-08 (Condition No. 63). Alternatively, the applicant may provide to the City a deed or other instrument to be recorded with the County, memorializing the location of said off-site grading. Said easement, deed or other instrument shall be reviewed by and in a form acceptable to the City Attorney, the City Engineer and the Director of Planning, Building and Code Enforcement. M:\Projects\TPM 25271_EA 706(PVPBC)\19990615 Reso CC_Map.doc Resolution No. 99-51 Page 8 of 8