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CC RES 1980-072 RESOLUTION NO. 80-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING TENTATIVE TRACT MAP NO. 39672 WHEREAS, Tentative Tract No. 39672 has been filed which would create eleven (11) single family lots and a public vista park from a 14.6 acre site, pursuant to the Residential Planned Development (RPD) provisions of the City's Development Code; and WHEREAS, the Planning Commission has held hearings on this matter and has recommended approval subject to conditions and Conditional Use Permit No. 71; and II/ WHEREAS, after notice issued pursuant to the provisions of the City's Development Code, a public hearing was held on 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 creation of eleven (11) single family residential lots, a public vista park, and related improvements is consistent with the City's Development Code, General Plan and Coastal Specific Plan. Section 2: That the proposed use of the residential lots shall be for detached single family dwelling units and related improvements which are com- patible with the objectives, policies, general land use, and programs specified in the General Plan and Coastal Specific Plan. Section 3: That the subject property is physically suitable to accommo date Tentative Tract No. 39672 in terms of design and density, and will not re- sult in substantial environmental damage, based on complaince with the City's Development Code, General Plan, and Coastal Specific Plan, and consideration of information contained in the project's Final Environmental Impact Report (EIR 17). Section 4: That the creation of the lots and associated improvements will not be materially detrimental to property values, jeopardize, endanger, or other- wise constitute a menace to the surrounding area, since physical improvements and dedications are required. Section 5: That the division and development of the property will not unreasonably interfere with the free and complete exercise of the public entity and/or public utility rights-of-way and/or easements within the tract. Section 6: The discharge of sewage from this land division into the public sewer system will not violate the requirements of the California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 13000 of the Water Code). 11/ Section 7: Dedications required by local ordinance are shown in the tentative map and/or set forth in the conditions attached hereto as Exhibit "A". Section 8: That the City Council does hereby declare that Final Environ- mental Impact Report No. 17 has been completed in compliance with City and Environmental Guidelines (CEQA) and that the Council has reviewed and considered the contents of the report in reaching its decision. The Council further finds that the approval of this tentative tract map will not have a significant ad- verse environmental impact because mitigation measures are required. Section 9: For the foregoing reasons the City Council of the City of Rancho Palos Verdes hereby grants approval of Tentative Tract Map No. 39672 subject to the attached conditions marked Exhibit "A" which are necessary to protect the public health, safety and general welfare in the area. PASSED, APPROVED and ADOPTED this 18 day of November, 1980. MAYOR ATTEST: DONALD F. GULUZZY, CITY CLERK AND EX OFFICIO CLERK OF THE COUNCIL '-/14 644- V2ICL/ER &K I HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 80-72 approved and adopted by the City Council of the City of Rancho Palos Verdes at a meeting thereof held on the 18 day of November 1980. DONALD F. GULUZZY, CITY CLERK_" AND EX OFFICIO CLERK OF THE COUNCIL .1 TY`LE' Resol. No. 80-72 -2- 11/18/80 EXHIBIT "A" TENTATIVE TRACT MAP NO. 39672 IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. This approval expires twelve (12) months from the date of approval of this tract map by the City Council of the City of Rancho Palos Verdes. 2. The final map must be approved by the Engineering Geology Section to assure that all geologic factors have been properly evaluated. 3. A grading plan must be approved by the Engineering Geology Section. This grading plan must be based on a detailed engineering geology re- port and/or soils engineering report and must be specifically approved by the geologist and/or soils engineer and show all recommendations submitted by them. It must also agree with the tentative map and con- ditions as approved by the Planning Commission. Said report(s) shall include detailed evaluation of bentonite and landslide potential. All buttresses over 25 feet high must be accompanied by calculations. 4. The final grading plan must be approved by the Director of Planning prior to approval of the final map. 5. All geologic hazards associated with this proposed development must be eliminated or delineate a restricted use area approved by the consultant geologist to the satisfaction of the Engineering Geology Section and dedicate to the City the right to prohibit the erection of buildings or other structures within the restricted use areas. 6. Specific recommendations will be required from the consulting geologist regarding the suitability for development of all lots designed essentially as ungraded site lots. A report will be filed with the State Real Estate Commissioner indicating that additional geologic and/or soils engineering studies may be required for ungraded site lots by the Engineering Geology Section. 7. Prior to issuance of building permits, submit a soil engineer's report on the expansive properties of soils as such soils are defined by Build- ing Code Section 2904 (b) on all building sites in the proposed subdi- vision. 8. A preliminary soil report is required before grading plan approval. 9. The grading plan shall substantially conform to the approved tentative map. 10. Drainage plans and necessary support documents to comply with the fol- lowing requirements must be approved prior to filing of a final map. a. Provide drainage facilities to the satisfaction of the City Engineer and dedicate and show the necessary easements on the final map. b. Place a note of flood hazard, due to tidal action, to the satisfaction of the City Engineer on the final map. c. Provide for the proper distribution of drainage. d. Eliminate the sheet overflow and ponding or elevate the floor of the buildings with no openings in the foundation walls to at least twelve (12) inches above the finished pad grade. e. Provide for contributory drainage from adjoining properties. 11. A geology and/or soils engineering report may be required prior to approval of building or grading plans. Resolution No. 80-72 11/18/80 12. Approval of this land division is contingent upon the installation and dedication of local main line sewers and separate house laterals to serve each lot of the land division. The subdivider shall consult the Sewer Design Section of the Department of City Engineer to determine the sewer design requirements. 13. Easements are tentatively required, subject to review by the City Engineer to determine the final locations and requirements. 14. The subdivider shall submit an area study to the City Engineer to determine whether capacity is available in the sewers to be used as the outlet for the sewers in this land division. 15. 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 Fire Chief. The water mains shall be of suffi- cient size to accommodate the total domestic and fire flows required for the land division. Domestic flows required are to be determined by the City Engineer. Fire flows required are to be determined by the Fire Chief. 16. At the time the final land division map is submitted for checking, plans and specifications for the water system 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 this land division is contingent upon approval of plans and specifi- cations mentioned above. If the water system facilities are not installed prior to the filing of this land division, the subidivider must also submit a Labor and Materials Bond in addition to either: a. An Agreement and a Faithful Performance Bond in the amount estimated by the City Engineer 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 serving 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. 17. There shall also be filed with this Division a statement from the water 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 require- ments for the land division. 18. A final tract map prepared by, or under the direction of, a registered civil engineer or licensed land surveyor must be processed through this Department prior to being filed with the County Recorder. 19. Prior to submitting the final map to the City Engineer for his examination pursuant to Section 66442 of the Government Code, obtain clearances from all affected departments and divisions in- cluding a clearance from the Subdivision Section of the Mapping Division of the County Engineer for the following mapping items: mathematical accuracy, survey analysis, and correctness of certi- ficates, signatures, etc. 20. Easements shall not be granted or recorded within areas proposed to be granted, dedicated, or offered for dedication for public streets or highways, access rights, building restriction rights, 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 map. Page two Exhibit "A" of Resolution No. 80-72 21. Prior to approval of the final map, the subdivider shall post a cash deposit, bond, or combination thereof, to cover costs for the full improvement to the centerline of the right-of-way of Seacove Drive adjacent to the property, pursuant to City design standards. These improvements shall include but not be limited to street trees, repair/ replacement of sidewalk and roadway, bikeway, signs, etc. 22. The subdivider shall offer for dedication to the City the 4.7 acre "vista park" and bluff face as identified as Lot "A" on Tentative Tract Map No. 39672 (revised October 16, 1980) . 23. An improvement plan for the vista park shall be submitted to the Director of Planning and the Director of Parks and Recreation for review and approval. The developer shall be required to make the above improvements. 24. Prior to approval of the final map, the subdivider shall post a cash deposit, bond, or combination thereof in the amount of $100,000, to insure development of the vista park pursuant to the improvement plan as approved by the Director of Parks and Recreation. The developer shall maintain said improvements for a minimum of ninety (90) days following installation, at which time said improvements shall be turned over to the City. 25. The subdivider shall offer for dedication to the City a twenty-five (25) foot "open space preservation and public access easement" as identified on Tentative Tract Map No. 39672 (revised October 16, 1980) . Said easement shall not allow for structures, accessory structures, fences, walls, hedges, landscaping, or any other such obstacle to encroach within the easement, unless approval is granted in writing from the City Council of the City of Rancho Palos Verdes. 26. The final map shall clearly delineate and label the "Coastal Setback Zone" line as established in the City's Coastal Specific Plan. A note shall be placed on the map stating that no permanent structures shall be allowed closer than twenty-five (25) feet to the Coastal Setback Zone, unless approval is granted in writing from the Planning Commission of the City of Rancho Palos Verdes. 27. The subdivider shall dedicate to the City the right to prohibit con- struction of any structures within the Coastal Setback Zone. 28. A declaration of Covenants, Conditions and Restrictions (CC&Rs) shall be approved by the City Attorney and Planning Director prior to approval of the final map. Said CC&Rs shall include but not be limited to the provisions defined in Conditional Use Permit No. 71. 29. A copy of the recorded CC&Rs shall be submitted to the Planning Director within thirty (30) days of recording. 30. Place a note on the final tract map to the satisfaction of the City Engineer indicating that this map is approved as a Residential Planned Development. 31. The developer shall post an agreement and bond or cash deposit in an amount not to exceed $6,000 per dwelling unit prior to approval of the final map. Said fee shall be an in-lieu fee to be used at the discretion of the City Council to acquire land in or adjacent to the Coastal area for the provision of affordable housing. Prior to final inspection of dwelling units, the cash contribution shall be paid to the City at which time the bond or cash deposit shall be released by the City Council. Said bonds/fees with interest earned shall be returned to the developer if a program to utilize said fees for the stated purposes has not been approved by the City Council within five (5) years. 32. A qualified paleontologist shall be present during all rough grading operations. If paleontological resources are found, the paleontolo- gist shall stop all work in the affected area and all resources shall be excavated or preserved. All "finds" shall be reported to the Director of Planning immediately. Page three Exhibit "A" of Resolution No. 80-72 33. A qualified archaeologist shall make frequent periodic in-grading inspections to further evaluate cultural resources on the site. If archaeological resources are found, all work in the immediate area shall stop and the resources shall be removed or preserved. All "finds" shall be reported to the Director of Planning immediately. 34. Prior to recordation of the final map, the developer shall comply with Section 66493-C (relative to special assessments) of the State Subdivision Map Act. 35. Within thirty (30) days the developer shall submit, in writing a statement that he has read and understands the above conditions. 36. The City's filing fee for a final map shall be paid within six (6) months of approval of the tentative map. 37. The developer shall supply the City with one brownline and one print of the recorded map. 38. Upon the initial sale of each lot the buyer shall be made aware of the restrictions placed on development within the twenty-five (25) foot "open space preservation and public access easement" and within the "Coastal Setback Zone" (see conditions number 25 and number 26 of this resolution). Page four Exhibit "A" of Resolution No. 80-72