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CC RES 1991-094RESOLUTION NO. 91 - 94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING AMENDMENT NO, 1 TO TRACT NO. 40640. WHEREAS, an application was filed on November 13, 1991, by Tim Burrell representing Cathy Rawawaty, the property owner at 75 Marguerite Drive, requesting an amendment to Tract 40640 to allow the "restricted use area" designation on Lot 12 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 December 3, 1991, 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 12 is not explicitly noted on recorded Tract Map No. 40640, the use restriction noted on Lot 12 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 12, the City's consulting geologists (RSA Associates, Inc.) have concluded that the "restricted use area" on Lot 12 may be removed. Section 3: That the tract amendment request is a result of circumstances which make the "restricted use area" designation on Lot 12 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 12)-a 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. 1 to Tract Map No. 40640 to allow the "restricted use area" designated on Lot 12 to be removed from the recorded map subject to the attached conditions marked as Exhibit "A ". PASSED, APPROVED, and ADOPTED on December 17, 1991, AL ATTEST: 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. 91 -94 was duly and regularly passed and adopted by the said City Council at a regular meeting hereof held on December 17, 19910 a City Clerk City of Rancho Palos Verdes Resolution No. 91 -94 Page 2 EXHIBIT "A" Amendment No. 1 to Tract Map No. 40640 is approved subject to the following conditions: 11 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 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. All recommendations of the City's. consulting geologists pertaining to the removal of the "restricted use area" on Lot 12 shall be adhered. 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-P This approval shall not go into effect until December 20, 19 91 or when Ordinance No. 272, implementing the City's procedure for the "correction and amendment of maps", goes into effect. Resolution No. 91 -94 Page 3