CC RES 1996-035RESOLUTION NO. 96 -35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES APPROVING AMENDMENT
NO. 1 TO . TRACT NO. 24423
WHEREAS, an application was filed on June 29, 1995, by Mr. Al Mashouf, the
property owner at 5901 Clint Place, requesting an amendment to Tract No. 24423 to
allow the "slope easement" designation on the rear slope of Lot No. 18 to be removed
or modified on the recorded map so that the "slope easement" no longer encompassed
a building pad areas on the lower portion of the subject property; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality
Act, Public Resources Code Sections 2100 et. seq. ( "CEQA "), the State's CEQA
Guidelines, California Code of Regulation, Title 14, Section 65952 et. seq., the City's
Local CEQA Guidelines, and Government Code Section 65952(e) (Hazardous Waste
and Substances Statement), Staff found no evidence that Amendment No. 1 to Tract
No. 24423 would have a significant effect on the environment. Accordingly, the
proposed project has been deemed to be categorically exempt (Class 1); and,
WHEREAS, after notice issued pursuant to the provisions of Chapter 16.32 of
the City's Development Code, a public hearing was held on May 21, 1996, 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 tract amendment request is a result of circumstances which
make the "slope easement" in its current configuration on Lot No. 18 of recorded Tract
Map No. 24423 no longer necessary. The extension of Mossbank Drive will require the
installation of a retaining wall adjacent to the roadway. However, the applicant has
been conditioned in Exhibit "A" of this Resolution to make a cash payment to the City to
allow the construction of a higher retaining wall, if and when the roadway is extended.
Assurances for the construction of a higher retaining wall reduces the need for the
"slope easement" to be as wide as it is currently indicated on the recorded tract map.
Section 2: That the tract map amendment request does not impose any
additional burden on the present fee owner of the property (Lot No. 18), since it
reduced the area of the property subject to the "slope easement" and allows the
applicant to submit an .application to subdivide the property to the City.
Section 3: That the tract amendment request does not alter any right, title or
interest in real property reflected on the recorded map.
Section 4: That the time within which the judicial review of the decision reflected
in this Resolution, muct be sought, if available, 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
contained in the Staff Report, minutes and other records of the proceedings, That the
City Council of the City of Rancho Palos Verdes does hereby approve Amendment No.
1 to Tract Map No. 24423 to modify the location of the "slope easement" on Lot No. 18,
subject to the conditions of approval contained in the attached Exhibit "A" which are
necessary to protect the public health, safety and welfare.
PASSED, APPROVED and ADOPTED this 21 st day of May, 1996.
MAY R
ATTEST:
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. 96 3 5was duly and regularly passed and adopted by the said City
Council at a regular meeting hereof held on May 21, 1996.
City Cler{
City of R cho Palos Verdes
Resol. No. 96 -35
Page 2
EXHIBIT "A"
Amendment No. 1 to Tract Map No. 24423 is approved, subject to the following
conditions of approval:
1. Tract No. 24423 shall be amended, as approved, using a certificate of correction
prepared by a registered civil engineer or licensed land surveyor. The certificate
of correction shall set forth in detail the corrections made and the names of the
present fee owners of the property affected by the correction.
2. The certificate of correction, complete as to final form, shall be submitted
to the City Engineer for review and approval. The City Enginner shall
examine the certificate of correction and if the only changes made are
those permitted by Section 16.32.010 of the City's Development Code, the
City Engineer shall certify the fact on the certificate of correction.
3. A trust deposit to cover the cost of the City Engineer's review of the
certificate of correction shall be established by the applicant. The amount
of the trust deposit shall be established by the Director of Planning,
Building and Code Enforcement.
4. The certificate of correction certified by the City Engineer shall be filed in
the Office of the County Recorder. Upon such filing, the County Recorder
shall index the names of the fee owners and the appropriate subdivision
designation shown on the certificate of correction in the general index and
map index, respectively. Thereupon, the original map shall be deemed to
have been conclusively so corrected, and thereafter shall impart
constructive notice of all such corrections in the same manner as though
set forth upon the original map.
5. The applicant shall make a cash payment of $2,200 to the City, to cover
the additional construction expense to extend Mossbank Drive, prior to
the recordation of the certificate of correction.
Resol. No. 96 -35
Page 1
RECORDING REQUESTED BY AND
MAIL ORIGINAL TO.
Engineering Department
CITY OF RANCHO PALOS VERDES
30940 Hawthorne Boulevard
Rancho Palos Verdes, Ca. 90274
96 1003903
RECORDED/FILED IN OFFICIAL RECORDS
RECORDER'S OFFICE
LOS ANGELES COUNTY
CALIFORNIA
2:01 PM JUN 25 11996
( Space above this Line for recorder's use)
CERTIFICATE OF CORRECTION
COUNTY OF LOS ANGELES )
STATE OF CALIFORNIA ) SS.
Victor J. Pai
FEES 10 Y
DAF 2
C 20 2
being duly sworn, deposes and says:
( Name o f Engineer)
That the following corrections or amendments to the map of Tract
No. 24423 , as filed in Book 643, pages 10 to 13, inclusive of
Maps, in the office of the Registrar- Recorder of the County of Los
Anqeles are made by me in accordance with Section 66469 of the
Subdivision Map Act:
Vacate that.portion of the slope easement shown on Lot 18 of said
Tract No. 24423 lying southwesterly of the following described
line:
Beginning at a point on the northwesterly line of said lot 18, said
point being located 564''00' 53 "W 95.00 feet from the most northerly
corner of said lot; Thence S46'0 30' 40 "E 188.90 feet more or less in
a direc line to the southeasterly corner of said lot.
,subscribe and sworn to ore me this day ot � 1996.
Notary Public in and -or the State of
California
'R 6f NO. 2 3 7 E ES 9/30/97
Listed below are the present fee owners of
correction or amendment:
l .rNy h.
FRANCENE D. BAKER
COMM. # 9 85009 z
Notary Public -- Cafifornia >
LOS ANGELES COUNTY
M' My Comm. Expires FEB 15. 1997
property affected by the
Al A. Mashout and Marsha Mashouf
Certificate of C itv Engineer
This is to certifv that the above Certificate of Correction has been
examined and that the amendments and /or corrections are in compliance
with Section 66469 of the Subdivision Map Act.
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