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CC RES 1999-068 RESOLUTION NO. 99-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DENYING AN APPEAL OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES' CONDITIONAL APPROVAL OF TENTATIVE PARCEL MAP NO. 24679 TO ALLOW THE SUBDIVISION OF AN EXISTING 65,394 SQUARE FOOT LOT INTO TWO (2) LOTS LOCATED AT 5251 ROLLING RIDGE ROAD. WHEREAS, on October 15, 1998 the applicants submitted an application for Tentative Parcel Map No. 24679 to the Planning Department to allow the subdivision of an existing 65,394 square foot lot into two (2) lots; and, WHEREAS, the General Plan Land Use Designation permits residential development with a density of 2-4 dwelling units per acre for the subject property; and, WHEREAS, the RS-2 Zoning District, in which the subject property is located, allows for the proposed subdivision; and, WHEREAS, on March 1, 1999 the City's Geotechnical Consultant reviewed the proposed project in the Planning Stage concluding that the subdivision would not adversely affect the geotechnical stability of the property; and, WHEREAS, on April 1, 1999 the subject applications were deemed complete by Staff; and, WHEREAS, on April 21, 1999 the required public notice was mailed out to property owners within a 500' foot radius of the subject property informing them of the proposed project and the scheduled public hearing; and, WHEREAS, on April 24, 1999 a notice was published in the Palos Verdes Peninsula News; and, WHEREAS, pursuant to the provision of the California Quality Act, Public Resources Code Section 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), there is no evidence that Tentative Parcel Map No. 24679 would have a significant effect on the environment and, therefore the proposed project has been found to be categorically exempt (Class 15) in that the subject property is located in an urbanized area and contains an average slope less than twenty (20) percent; and, WHEREAS, after notices issued pursuant to the requirements of Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on May 11, 1999 and continued to June 8, 1999, at which all interested parties were given the opportunity to be heard and present evidence; and, WHEREAS, the Planning Commission of the City of Rancho Palos Verdes approved, with conditions, Tentative Parcel Map No. 24679 to allow the lot split of a 65,394 square foot lot into two lots; and, WHEREAS, an appeal was filed on June 18, 1999 by the surrounding property owners opposing the proposed lot split because of an alleged incompatibility with the neighborhood character; and, WHEREAS, after the notice was issued and published in the Peninsula News, the City Council held a duly noticed public hearing on July 6, 1999; and, WHEREAS, at the public hearing on July 6, 1999 the City Council, after hearing the public testimony, approved a motion to uphold the appeal and to deny the proposed map and continued the matter to an adjourned meeting scheduled for July 15, 1999; and, WHEREAS, at the July 15th adjourned City Council meeting, the applicant, Mr. Ron Florance, submitted a letter, prepared by his attorney, stating that if the Council reconsiders its motion to deny the parcel map, that the applicants will accept a new condition that would require them to execute a covenant running with the land, in a form acceptable to the City Attorney, which would provide the City with the right to prohibit further subdivisions of the larger parcel (parcel 1); and, WHEREAS, at the July 15th adjourned City Council meeting, the applicant agreed to waive the time restrictions required by the Subdivision Map Act until the August 17, 1999 meeting, so that this matter may be resolved; and, WHEREAS, at the July 15th adjourned City Council meeting, the Council approved a motion to continue this item to the August 17, 1999 Council meeting to reopen the public hearing to consider the applicant's request to record a covenant, running with the property of the larger lot, that would prohibit further subdivisions of that lot; and, WHEREAS, on July 281999, the required public notices were mailed to all property owners within a five hundred (500) foot radius of the subject property and published in the Peninsula News; and, WHEREAS, after notices issued pursuant to the requirements of Rancho Palos Verdes Development Code, the City Council held a duly noticed public Resolution No. 99-68 Page 2 of 4 hearing on August 17, 1999, at which all interested parties were given the opportunity to be heard and present evidence. NOW, THEREFORE, THE CITY COUNCILOF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: Tentative Parcel Map No. 24679 is consistent with the General Plan because the Land Use Designation for the site is residential with a density of 2-4 dwelling units per acre, and residential lots within this density range would generally permit lots with a minimum size of 20,000 square feet. The proposed subdivision would create two lots; one being 43,440 square feet and the other being 21,954 square feet. The proposed lot split is consistent with the Urban Element of the General Plan because as conditioned, only one additional lot will be created and the development of this lot with an additional residence will not alter the rural and open character of the City and this neighborhood. Section 2: The appellants' claim that the proposed lot split is allegedly incompatible with the character of the neighborhood does not warrant a denial of the subdivision in that neighborhood character is not a required finding for a parcel map, but rather a component for the development of a new single-family residence, which will be addressed at the time the development application is submitted to the City for subject lots. Section 3: The design or improvement of the proposed subdivision is consistent with the General Plan in that the proposed lots comply with the requirements set forth in the Development Code for a RS-2 Zoning District, including the lot widths and depths. Section 4: The subject site is suitable for the proposed type and density of development because of the size of each of the proposed lots, including the contiguous lot area, complies with the minimum lot criteria for a RS-2 Zoning District. Furthermore, each lot will be large enough to comply with all the required setbacks. Section 5: The design of the subdivision or the proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife in that the proposed lot split will create two lots for residential development in an area designated for such a use that is not located in an environmentally sensitive habitat area or a blue line stream. Section 6: The design of the subdivision or type of improvements will not cause serious public health problems in that the proposed project consists of a minor subdivision of an existing lot into two (2) lots that will permit future residential development of two (2) dwelling units. In addition to complying with the residential development standards of the Municipal Code, any future structures shall require approvals from the Division of Building and Safety for Resolution No. 99-68 Page 3 of 4 compliance with the Uniform Building Code and the City's Geotechnical Consultant. Furthermore, improvements to the subject property shall be required for the proposed lot split as it relates to utilities and drainage, while dedications of rights-of-way, easements, and the construction of off-site or on-site improvements shall be approved by the City with the final map. Section 7: The design of the subdivision or the type or improvements will not be in conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision in that the private road easement, Rolling Ridge Road, will remain in full effect for egress and ingress purposes for the surrounding neighborhood. Section 8: The time within which judicial review of the decision reflected in this Resolution must be sought, if available, 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, and other records of proceedings, the City Council of the City of Rancho Palos Verdes hereby denies the appeal upholds the Planning Commission's conditional approval for Tentative Parcel Map No. 24679, thereby approving the subdivision of an existing 65,394 square foot lot into two lots, subject to the conditions of approval in Exhibit "A". PASSED, APPROVED and ADOPTED this 17th day of August, 1999. la/ /11/Li4.," I -yor AT T: j/lecte& 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. 99-68 was duly and regularly passed and adopted by the said City Council at a regular meeting- thereof held on August 17, 1999. b°19 Clerk Resolution No. 99-68 Page 4 of 4 EXHIBIT "A" CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP NO. 24679 GENERAL, 1. Within ninety (90) days of this approval, the applicant and/or 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 approval. Failure to provide said written statement within ninety (90) days following the date of this approval shall render this approval null and void. 2. The landowner shall execute and record a covenant running with proposed Lot 1, to prevent it from being further subdivided into two (2) parcels. Such covenant shall be in a form acceptable to the City Attorney and shall be recorded at the time the final map is recorded. 3. The landowner shall comply with all the recommendations and requirements of the Division of Building and Safety and the City's Geotechnical Consultant. 4. The applicant shall supply the City with one mylar and copies of the map after the final map has been filed with the Los Angeles County Recorders Office. 5. This approval expires twenty-four (24) months from the date of approval of the parcel map by the Planning Commission, unless extended per Section 66452.6 of the Subdivision Map Act and Section 16.16.040 of the Development Code. Any request for extension shall be submitted to the Planning Department in writing prior to the expiration of the map. 6. All lots shall comply with the lot criteria required by the Development Code for a RS-2 Zoning District, including the 20,000 square foot minimum lot area. Lot 1 will be approximately 43,440 square feet and Lot 2 will be at least 21,954 square feet. 7. Development of the lots shall comply with the requirements of Title 17 of the City's Municipal Code. 8. Development shall comply with all requirements of the various municipal utilities and agencies that provide public services to the property. 9. According to Section 16.20.130 of the Development code and the Subdivision Map Act, at the time of making the survey for the final parcel map, the engineer or surveyor shall set sufficient durable monuments to conform with the standards of the Subdivision Map Act. Prior to recording 10. he final map, the exterior boundary of land being subdivided shall be adequately monumented with no less than a two (2) inch iron pipe, at least eighteen (18) inches long, set in dirt and filled with concrete at each boundary corner. The parcel lot corners shall be monumented with no less than one-half inch iron pipe for the interior monuments. Spikes and washers maybe set in asphalt pavement and lead and tacks may be set in concrete pavement or improvements in lieu of pipes. All monuments shall be permanently marked or tagged with the registration or license number of the engineer or surveyor under whose supervision the survey was made. 11. The proposed sewer line connection under Rolling Ridge Road shall be reviewed and approved by the City's Department of Public Works. A 25' wide dedication along Rolling Ridge Road for sanitary sewer purposes shall be required for future improvements. Any necessary easements shall be shown on the final map and dedicated thereon to the appropriate agency. 12. A sewer improvement plan shall be prepared as required by the Director of Public Works and the County of Los Angeles. 13. A sewer connection fee shall be paid to the County Sanitation Districts of Los Angeles County prior to the issuance of a permit to connect to the sewer line. 14. Any improvements to Via Campesina shall require permits from the City of Palos Verdes Estates, regardless of that City's street cut moratorium along Via Campesina which is intended to remain in effect until the end of December, 2000. 15. All lots shall be served by adequately sized water system facilities which shall include fire hydrants of the size, type and location as determined by the L.A. County Fire Department. The water mains shall be of sufficient size to accommodate the total domestic and fire flows required for a land division. Domestic flow requirements shall be determined by the L.A. County Fire Department. 16. Addresses for the proposed lots shall be assigned by the City prior to issuance of any building permit for the subject parcels. 17. The property owner shall be responsible for repair to any public streets which may be damaged during development of the subject parcels. 18. Easements shall not be granted within easements dedicated or offered for dedication to the City until after the final map is filed and recorded with the Resolution No. 99-68 Conditions of Approval Exhibit "A" Page 2 of 3 County Recorder. No easements shall be accepted after recording of the final map that in any way conflict with a prior easement dedicated to the City, or any public utility. All existing easements shall remain in full force and effect unless expressly released by the holder of the easement. 19. All utilities to and on the subject 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 nearest trunk line at the property owner's expense. Prior to Submittal of the Final Map 20. Prior to submitting the final map to the City Engineer for examination, the applicant shall obtain clearance 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. Prior to Approval of the Final Map 21. The existing private road easement shall be reflected on the map across both Lot 1 and Lot 2. 22. Any off-site improvements, such as rights-of-way and easements, shall be dedicated to the City. 23. All existing public or private utility easements shall be shown on the final parcel map. 24. Prior to approval of the final map, parkland dedication fees, pursuant to Section 16.20.100 of the Development Code, shall be paid to the City. 25. The final map is subject to review and approval by the City Engineer. A trust deposit shall be established with the City to cover any further costs. 26. Future development of the subject parcels shall be subject to review by the City's Geotechnical Consultant. 27. The proposed parcel map shall adhere to all the applicable dedications and improvements required per Section 16.20 of the Development Code. Resolution No. 99-68 Conditions of Approval Exhibit "A" Page 3 of 3