CC RES 1992-094RESOLUTION NO. 92 -94
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES APPROVING AMENDMENT NO. 3 TO
TRACT NO. 40640.
WHEREAS, an application was filed on May 18, 1992, by Daniel
Pelayo representing Dr. and Mrs. Jamie Lewis, the property owners
at 79 Marguerite Drive, requesting an amendment to Tract 40640 to
allow the "restricted use area" designation on Lot 13 to be removed
from the recorded map; 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 September 1, 1992, at which time all interested parties
were given an opportunity to be heard and to 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 although the nature of the "restricted use
area" designation on Lot 13 is not explicitly noted on recorded
Tract Map No. 40640, the use restriction noted on Lot 13 is
geologic in nature and may be removed based upon a recommendation
by the City Geologist.
Section 2: That after reviewing a series of geotechnical
reports addressing the geologic questions of the "restricted use
area" on Lot 13, the City's consulting geologists (RSA Associates,
Inc.) have concluded that the "restricted use area" on Lot 13 may
be removed.
Section 3: That the tract amendment request is a result of
circumstances which make the "restricted use area" designation on
Lot 13 of recorded map No. 40640 no longer necessary.
Section 4: That the tract amendment request does not impose
any additional burden on the present fee owner of the property (Lot
13) .
Section 5: That the tract amendment request does not alter
any right, title or interest in real property reflected on the
recorded map.
Section 6: For the foregoing reasons and based on the
information and findings contained in the staff report, as well as
public testimony at the public hearing, the City Council of the
City of Rancho Palos Verdes hereby approves Amendment No. 3 to
Tract Map No. 40640 to allow the "restricted use area" designated
on Lot 13 to be removed from the recorded map subject to the
attached conditions marked as Exhibit "A ".
PASSED, APPROVED, and ADOPTED on September 1, 1992.
ATTEST:
y
City Clerk
State of California
County of Los Angeles j 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 -94 was duly and
regularly passed and adopted by the said City Council at a regular
meeting hereof held on September 1, 19920
r 3
f l
City Clerk
Q y of Rancho Palos Verdes
Resolution No. 92 -94
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EXHIBIT "A"
Amendment No. 3 to Tract Map No. 40640 is approved subject to the
following conditions:
10 Tract 40640 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 Engineer 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 Environmental Services,,
4. The certificate of correction certified by the City Engineer
shall be f fled 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. All recommendations of the City's consulting geologists
pertaining to the removal of the "restricted use area" on Lot
13 shall be followed. Any modifications to the
recommendations of the City Geologists which exist as of the
date of this approval shall be subject to approval by the
City's Geologists,
6. Construction of a pool and spa as well as any other
improvements on the property are subject to review and
approval by City Staff under separate application(s),
Resolution No. 92 -94
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