CC RES 1989-110RESOLUTION No. 89 -118
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO} PALOS VERDES APPROVING A SECOND REVISION
TO TENTATIVE TRACT MAP NO. 37885 AND ADOPTING A
NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT
NO. 584.
WHEREAS, J. M. Peters Company has requested a second revision
to Tentative Tract Map No. 37885 which would alter the approved
street and lot configuration of said Tract Map and would reduce
the number of residential lots within said Tract from 47 to 42 and
create one common open space lot and one public open space lot;
and
WHEREAS, a Negative Declaration for Environmental Assessment
No. 584 has been prepared and reviewed in accordance with
California Environmental Quality Act guidelines; and
WHEREAS, the Planning Commission held hearings on this
project on September 12 and August 22, 1989 and has recommended
its approval, subject to Conditional Use Permit No. 79 second
revision and stated conditions* and
WHEREAS, after notice issued pursuant to the City's
Development Code, a public hearing was held on November 8 and
November 21, 1989 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: The proposed subdivision, each provision for its
design and improvement, and each proposed land use is consistent
with each adopted element of the general plan.
Section 2: The site is physically suitable for the type of
development proposed by the tentative map since the buildable
portions.-of the property are zoned for single family res identia l
development and the lots will be developed in accordance with
single family development standards.
Section 3: The site is physically suitable for the proposed
density of development proposed by the tentative map since the 163
acre site is being developed to a residential density of less than
1 unit per acre.
Section 4: The design of the subdivision and the proposed
improvements are not likely to cause substantial environmental
damage or substantially and avoidably injure fish or wildlife or
their habitat since the majority of the property shall remain in
its natural state as common and public open space and there are no
identified unique species of flora land fawna in the area to be
developed.
Section 5: The design of the subdivision and the type of
improvements are not likely to cause serious public health
problems since the project is subject to detailed review by the
City Engineer and City Geologist,
Section 6., The design of the subdivision and the type of
improvements will not conflict with easements acquired by the
public at large for access through or use of property within the
proposed subdivision.
Section 7. The tentative map does not propose to divide land
which is subject to a contract.entered into pursuant to the
California Land Conservation Act of 1965.
Section 8: The discharge of waste from the proposed
subdivision into an existing community sewer system will not
result in violation of existing requirements prescribed by a
California Regional Water Quality Control Board*
Section 9.* The tentative map design provides for future
passive or natural heating or cooling opportunities in the
subdivision to the extent feasible since the property is terraced
and the homes are oriented to the south, and the height of the
buildings and vegetation in the tract are limited.
Section 10.* The City'has considered the effect of approval
of the subdivision on the housing needs of the region in'which the
City is situated and balanced these needs against the public
service needs of its residents and available fiscal and
environmental resources.
Section 11#0 Substantial evidence has been presented that the
project will not have a significant effect on the environment
since the applicant is decreasing the number of lots proposed
improving the circulation system and providing more uniform lot
configurations,
Section 12, The trail and land dedications are reasonably
related to the burden placed upon the community by the development
since the proposed trail network and public open space on the site
will provide public enjoyment of the scenic and passive
recreational opportunities on the property.
Section 13,* For the foregoing reasons, the City Council
of the City of Rancho Palos Verdes hereby approves the second
revision to Tentative Tract Map No. 37885 and adopts a Negative
Declaration for Environmental Assessment No. 584 for the use
described herein, subject to the conditions contained in Exhibit
"A" attached hereto, which are necessary to protect the public
health, safety, and general welfare in the area,
Resolution No. 89-110
Page 2
PASSED, APPROVED and ADOPTED this 21st day of
November, 1989,
ATTEST:
ty C1erk
5TAT E OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF RANCHO PALOS VERDES
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c k i & P,, it
Mayor
I. Jo Purcell, City Clerk of the City Council of the City of
Rancho Palos Verdes, hereby certify that the above Resolution No.
89 -118 was duly and regularly passed and adopted by the said City
Council at a regular meeting thereof held on the 21st day of.
November, 1989.
City Clerk
C' y of Rancho Palos Verdes
Resolution No. 89 -110
Page 3
EXHIBIT "Alt
TENTATIVE TRACT MAP NO* 37885 SECOND REVISION
0_PX1VDAT_
1. Within thirty (30) days of approval of the revised tentative
map the developer shall submit, in writing, a statement that
he has read and understands all conditions of approval.
2* The City's fees for a final map shall be paid within six ( 6 )
months of approval of the revised tentative map,
3. The developer shall supply the City with one brownline and
one print of the recorded map.
4. This approval expires twenty-four (24) months from the date
of approval of this revised tract map. The applicant may
request in writing prior to the expiration date, up to three
(3) one (1) year extensions, subject to approval the City
Council of the City of Rancho Palos Verdes,
5.0 All lots shall conform to minimum development standards as
specified in CUP No. 79 second revision.
6. Resolutions No, 82-66, No. 83-19 and No. 86-37 shall become
void and of no further effect upon recordation of the Final
Map based upon the approval granted herein.
7e That all the conditions of approval for Conditional Use
Permit No. 79 second revision shall apply to this approval.
SUBDIVISION MAP ACT
1. Prior to submitting the final map for recording pursuant to
Section 66442 of the Government Code, obtain clearances 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, etc,
MITIGATION MEASURES
16 The Crossosoma Californian and Astragalus trichopodus
existing on the site shall be marked and carefully avoided
during all grading activity. Although the Crossosoma
California is not on the rare or endangered species list,
this is the only natural growth found off Santa Catalina
Island where it is found in abundance. The Astragalus
trichopodus must be protected since it is the sole food
source for the Palos Verdes Blue Butterfly which is on the
endangared species list,
Resolution No. 89-110
Page 4
2. The "covered area" in the northeastern portion of the site
shall be examined by a qualified archealogist for cultural
resources prior to the beginning of any grading or
construction activities. In the event that significant
cultural resources are discovered, the find shall be reported
to the Director of Environmental Services and appropriate
mitigation measures shall be carried out to protect and
preserve such remains.
3* The utilities, both existing and proposed, shall be
underground.
40 Building materials and colors shall be natural and compatible
with the area in order to mitigate the visual impact caused
by the conversion of open space to a suburban residential
development.
5. The developer shall conform to the Mitigation Reporting and
Monitoring Program attached as Appendix I.
SEWERS
10 A bond, cash deposit, or combination thereof, shall be
posted prior to the recordation of the Final Map or start of
work whichever occurs first, to cover costs for construction
of a sanitary sewer system, in an amount to be determined by
the City Engineer.
2* Prior to approval of the Final Map, the subdivider shall
submit to the Director of Environmental Services a written
,statement from the County Sanitation District approving the
design of the tract with regard to the existing trunk line
sewer. Said approval shall state all conditions of approval,
if any.
3. Approval of this subdivision of land is contingent upon the
installation, dedication and use of local main line sewer and
separate house laterals to serve each lot of the land
division.
4.9 If, because of future grading, or for other reasons, it is
found that the requirements of the Plumbing Code cannot be
met on certain lots, no building permit will be issued for
the construction of homes on such lots.
5. Sewer Easements are required, subject to.review by the City
Engineer, to determine the final locations and requirements.
WATER
10 Prior to recordation of the Final Map or prior to
commencement of work whichever occurs first, the subdivider
must submit a labor and materials bond in addition to either:
Resolution No. 89-110
Page 5
A. An agreement and a faithful performance bond in the
amount estimated by the City Engineer and guaranteeing
the installation of the water system; or
B. An agreement and other evidence satisfactory to the City
Engineer indicating that the subdivider has entered into
a contract with the servicing water utility to construct
the water system, as required, and has deposited with
such water utility security guaranteeing payment for the
installation of the water system.
2* There shall be filed with the City Engineer a statement from
the purveyor indicating that the proposed water mains and any
other required facilities will be operated by the purveyor,
and that, under normal operating conditions, the system will
meet the needs of the developed tract.
3. At the time the final subdivision improvement plans are
submitted for checking, plans and specification for the water
systems facilities shall be submitted to the City Engineer
for checking and approval, and shall comply with the City
Engineer's standards. Approval for filing of the land
division is contingent upon approval of plans and
specifications mentioned above.
4. All lots shall be served by adequately sized water system
facilities which shall include fire hydrants of the size and
type and location as determined by the Los Angeles County
Fire Department., The water mains shall be of sufficient size
to accommodate the total domestic and fire flows required for
the land division. Domestic flow requirements shall be
determined by the City Engineer. Fire flow requirements
shall be determined by the Los Angeles County Fire Department
and evidence of approval by the Los Angeles County Fire Chief
is required.
5. Framing of structures shall not begin_ until after the Los
Angeles County Fire Department has determined that there is
adequate fire fighting water and access available to the said
structures. Evidence of approval by the Los Angeles County
Fire Department is to be provided to the City prior to
starting framing.
UTILITIES
10 All utilities, such as but not limited to electrical,
telephone and cable television, shall be placed underground
in accordance with a plan approved by the Director of
Environmental Services.
2.9 The remaining utility poles along Forrestal Drive shall be
undergrounded. The cost of relocating any meters as a result
of the removal shall be paid by the developer.
Resolution No. 89-110
Page 6
nPATNArZP
1. Prior to recordation of the Final Map or prior to
commencement of work whichever occurs first, a bond, cash
deposit, letter of credit or other City approved security
shall be posted to cover costs of construction in an amount
to be determined by the City Engineer.
2* Prior to recordation of the Final Map or prior to
commencement of work, whichever occurs first, the developer
shall submit a hydrology study to the City Engineer to
determine any adverse impacts to existing flood control
facilities generated by this project. Should the City
Engineer determine that adverse impacts will result, the
developer will be required to post a cash deposit or bond or
letter of credit or other City approved security in an amount
to be determined by the Director of Public Works, to mitigate
these adverse impacts.
3e Drainage plans and necessary support documents to comply with
the following requirements must be approved prior to the
recordation-of the Final Map or commencement of work,
whichever occurs first.
A. Provide drainage facilities to remove any flood hazard to
the satisfaction of the City Engineer and dedicate and
show easements on the Final Map.
Bo Eliminate sheet overflow and ponding or elevate the
floors of the buildings, with all openings in the
foundation walls to be at least twelve inches above the
finished pad grade.
C. Provide drainage facilities to protect the lots from high
velocity scouring action.
D. Provide for contributory drainage from adjoining
properties.
4e In accordance with Section 1601 and 1602 of the California
Fish and Game Code, the State Department of Fish and Game,
350 Golden Shore, Long Beach, California 90802, telephone
..435-7741, shall be notified prior to commencement of work
within any natural drainage courses affected by this project.
5,9 The following improvements shall be made to the existing
drainage system.
A. Modify the outlet structure of P.D.' 122 (and P.D. 086, if
necessary) to include an adequate flow energy dissipation
device. (Details for modification must be processed
through the Flood Control District).
Resolution No. 89-110
Page 7
B. Modify the 3 inlets for P.D.'s 887 and 803 to provide
partial debris control,
C. Correct any internal structural defects and repair damage
which may be found in the piping system for P.D.'s 886,
887 and 803,
D. All existing and new drainage structures shall be
repaired, designed and constructed so that L,,A,,C.D.,P,W.
will take over and assume maintenance of said structures.
The existing structures include but are not limited to
P.D. 8031, 886 and 887. All drainage work to be according
to L*A*C*D*P*Wo standards,
6* All drainage swales and any other on-grade drainage
facilities, newly constructed and/or reconstructed, including
gunite, shall be of an earth tone color and shall be reviewed
and approved by the Director of Environmental Services.
STREETS
10 Prior to recordation of the Final Map, issuance of I a grading
permit or commencement of work, whichever' occurs first, a
bond, cash deposit of $25,000, shall be . posted to cover costs
of handling complaints, and investigations directly related
to this tract during construction. This cash deposit will
also be used to temporarily repair damaged pavements for
which the contractor is responsible but does not repair
within 24 hours of notification by the Director of Public
Works or his designee.
29 The developer shall post an additional bond, cash deposit,
letter of credit, or other City approved security in an
amount sufficient to cover the cost of full improvements of
all facilities within the right-of-way of Forrestal Drive and
"B" Drive adjacent to the Tract* Said improvements shall
include but are not limited to base A.C. paving, curb/
gutter, sidewalk, drainage improvements, and landscaping.
The design of such improvements shall be subject to the
adopted street standards and the approval of the Director of
Public Works,
3. Prior to recordation of the final map or commencement of
work, whichever occurs first, a bond, cash deposit, or other
City approved security, shall be posted to cover costs for
the full improvement of all proposed on-site streets and
related improvements, in an amount to be determined by the
Director of Public Works.
49 The proposed streets shall be public and designed to the
satisfaction of the Director of Public Works, pursuant to the
following specifications,
Resolution No. 89-110
Page 8
A. All proposed streets shall be thirty-four (34') feet in
width measured from f local ine to flowline. The right-of-
way shall be a minimum of forty-eight (48'). feet.
B. All public streets shall be designed in substantially the
same alignment as shown on the approved tentative map.
C. All public streets shall have a vertical type curb or a
rolled curb if approved by the Director of Public Works,
with a parkway of 3 feet, a sidewalk of 4 feet. including
the top of curb, for a total of 7 feet.
D. Cul-de-sacs shall be designed to the specifications of
the Director of Public Works.
E. Dedicate all vehicular access rights to Forrestal Drive
on the northern side of the dedicated street.
F. Sidewalks shall be concrete, a minimum of 3 feet 6 inches
wide and shall be constructed on at least one side of the
roadway in accordance with the City Standards.
G. All expansive soils (benonite) shall be removed to a
sufficient depth to prevent future damage during the
streets design life.
5. A permanent cul-de-sac bulb dedicated.as a public street
shall be provided at the deadend of Coolheights Drive.
6. The developer/contractor shall be responsible for repairs to
any neighboring streets which may be damaged during
development of the tract, including but not limited to the
designated haul truck route. Prior to issuance of grading
permits, the developer shall post a bond, cash deposit or
letter of credit or other City approved security in an amount
sufficient to cover the costs to make permanent repairs of
any damage to streets and appurtenant structures as a result
of this development. In addition to providing such security,
the developer shall pay for a pavement analysis of the
streets to be used as the designated haul truck route prior
to the start of construction and at completion of
construction. The developer shall provide compensation for
any loss of pavement life as determined by this study, along
the designated haul truck route as a result of this
development.
7,9 The developer shall provide/construct stairway or walkway
access from the existing parking area, west of the soccer
fields. Such access shall be completed to the satisfaction
of the. Director of Public Works. Devel-oper/contractor shall
assume and maintain full access to existing parking areas,
and streets during the construction phase., subject to the
approval of the Director of Public Works. Upon completion of
the project adequate access shall remain to the existing
Resolution No. 89-110
Page 9
parking areas and soccer fields, subject to the approval of
the Director of Environmental Services.
8. The developer shall pay traffic impact fees in,an amount
determined by the Director of Public Works upon issuance of
Certificate of Occupancy, not to exceed $3,000 per lot,
910 The developer shall dedicate to the City vehicle access
right's to'For'restdl Drive, except as provided for lots as
shown on the revised Tentative Map. A note to this effect
shall be placed on the Final Map.
GEOLOGY
f
1* Prior to recordation of the Final Map or commencement of
work, whichever occurs first, a bond, cash deposit, or
.letter of credit or other City approved security shall be
posted to cover costs for any geologic hazard abatement in an
amount to be determined by the City Engineer.
20 All geologic hazards associated with this proposed
development shall be eliminated or the City Geologist shall
designate a restricted use area in which the erection of
buildings or other structures - shall be prohibited and the
location shall be designated on the Final Map as "Geologic
Hazard Setback Area". In addition, the geologic stability of
the 42 residential lots shall be confirmed to the
satisfaction of the City Geologist prior to final map
approval,
3e Prior to approval of grading permits, the developer must
accomplish the following'.
A. Submit stability and design calculations for recommended
buttresses.
Bo Submit stability and design calculations for recommended
realignment of Forrestal Drive.
C. Make detailed recommendations for trimming the quarry
slopes and protecting the Forrestal Extension roadway.
Show recommended trimming in plan and cross section
views,-and verify the stability of trimmed and critical
slopes with calculations. Analyze (a) the effects of the
joints and fractures on the overall available shear
strength and (b) any potential for deteriorating strength
in the future,
D. Make spe - cific recommendations for repairing and
maintaining the shallow stability of the existing road
cut west of "'A" Drive* Planting is not regarded as a
sufficient or certain remedy, particularly on steep
slopes,
Resolution No. 89-110
Page 10
E. Make final recommendations for treatment of noncompacted
filly talus and slopewash in areas of proposed pads and
roads. Submit settlement or other analyses to support
recommendations.
F. Submit specific recommendations for fill and buttress
subdrains and final recommendations for fill blankets.
Demonstrate that recommended filter materials will not be
clogged by migrating fines.
G. The soils engineer and engineering geologist must approve
the-plans incorporating their recommendations. Include
on plans all corrective work, setback lines, and layouts
and design details of subdrains,
4. Prior to issuance of building permits, submit a Geology
and/or Soils Engineer's report on the expansive properties of
soils on all building sites in the proposed subdivision.
Such soils are defined by Building Code Section 2904(b).
5. An as-built geological report shall be submitted for
structures founded on bed rock. An as-built soils and
compaction report shall be submitted for structures founded
on fill as well as for all engineered fill areas,
6* The Developer shall install three multi-stage piezometers to
monitor ground water conditions at all times. Monitoring and
maintenance of these piezometers shall be the responsibility
of the City of Rancho -Palo-s -Verdes and the cost of this work
shall be paid by the Homeowner's Association,
7. A $100,000 cash deposit, interest bearing, shall be posted
for 20 years prior to the first Certificate of occupancy
being issued for installation of 7 to 10 Hydraugers
(horizontal wells) if ground water conditions change and
water removal is necessary.
8. A four (4) foot earth cap pursuant to the City's consulting
geologist recommendation shall be placed on all lots
utilizing low permeable soil,
PARPMPNTS
1. Easements shall not be granted or recorded within areas
proposed to be granted, dedicated, or offered for dedication
or other easements until after the ,final tract map is filed
with the County Recorder, unless such easements are
subordinated to the proposed grant or dedication. If
easements are granted after the date of tentative approval, a
subordination must be executed by the easement holder prior
to the filing of the Final Tract Map.
2* The developer shall provide the City of Rancho Palos Verdes,
and record on the Final Map, public easements for multiple
Resolution No. 89-110
Page 11
use.trails use through the common area as recommended by the
Trails Committee and described in Appendix I.I..
3* An assessment district shall be established to ensure the
maintenance of the common landscape areas* Petition shall be
made by the owner prior to approval of the final map,
4. All landscaping and related maintenance within the
boundaries of the tract excluding dedicated public open
space,, shall be maintained at the property owners expense
within the tract. The level of maintenance shall be approved
and satisfactory to the City Manager,,
5* All easements are subject to review by the City Engineer to
determine the final locations and requirements,
SURVEY MONUMENTATION
1.0 Prior to recordation of the Final Map, a bond, cash deposit,
letter of credit or other City approved security shall be
posted to cover costs to establish survey monumentation, in
an amount to be determined by the City Engineer,
2. Within twenty-four (24) months from the date of filing the
Final Map., the developer shall set survey monuments and tie
points and furnish the tie notes to the City Engineer,
3. All lot corners shall be referenced with permanent.survey
markers.in accordance with City Municipal Code,
STREET NAMES AND NUMBERING
1.1 Any street names and/or house numbering by the developer must
be approved by the.City Engineer.
PARK DEDICATION
10 A parkland dedication fee shall be paid to the City of Rancho
Palos Verdes in the amount of $63,000,
2. The developer shall offer for dedication to the City of
Rancho Palos Verdes the balance of the 163+ acre parcel,
excluding the 42 residential lots, the common open space lot,
and public streets for the purposes of public open space. A
note to.such effect shall be placed on the Final Map.
Resolution No. 89-110
Page 12
APPENDIX I
MITIGATION REPORTING AND MONITORING PROGRAM
df!k
Section 1: Purpose. This Mitigation Reporting and
Monitoring program is intended to provide reasonable assurance
that the project complies with the adopted mitigation measures and
project revisions during implementation of the project.
Section 2,* Effective Period. The program shall be in force
and effect at all times during implementation of the development
projects contemplated within the project. The program shall not
expire until final occupancy clearance for the last project within
the project has been granted and the last off-site mitigation
measure identified in the Final EIR has been implemented.
Section 3. 6
Applicant's Reporting Duties. The applicant
shall prepare and submit to the City written status reports
demonstrating good faith compliance with those conditions of
project approval which have been identified as mitigation
measures. These reports shall be submitted to the Director of
Environmental Services at least quarterly. The Director of
Environmental Services shall specify more frequent reporting
intervals when warranted based upon any of the following
situations,
1) The project is in an active development phase, or
2) Seasonal environmental conditions require more
frequent reporting, or
3) Specific project activities, such as grading,
require more frequent reporting, or
4) The Director of Environmental Services has reason
to believe there is threatened or actual non-
compliance with mitigation measures, or
5) The City Council, in the exercise of its judgement,
determines that more frequent reporting is necessary
or desirable.
Section 4. City's Monitoring Duties. The Director of
Environmental Services or his or her designee shall independently
review and take reasonable steps to verify the applicant's efforts
to comply with identified mitigation measures. Such actions shall
include, at a minimum, arranging and conducting site inspections
by the public officials with jurisdiction over the mitigation
measure and/or impact, preparation of written reports or memoranda
as needed to document mitigation measure compliance, and preparing
-13- RESOL. NO. 89-110
periodic compliance reports to the City Council.
Section 50# Enforcement* The applicant shall comply with all
adopted mitigation measures. In the event the City determines,
based upon substantial evidence, that area has been non-compliance
with any adopted mitigation measure, it shall notify the applicant
of the situation and direct that immediate steps be taken to cure
the non-compliance. In the event the applicant fails to comply
with such notice, the City shall take all available legal steps to
compel the applicant to comply with the adopted mitigation
measures, including, but not limited to, actions to enforce
building code provisions, actions to revoke or suspend permits,
and referral of the matter to the Attorney General and District
Attorney, if appropriate.
-14- RESOL. NO. 89-110