PC RES 1991-055P. C. RESOLUTION NO 91- 55
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING TENTATIVE
PARCEL MAP NO. 18947 AND GRADING NO. 1460 FOR A
FOUR LOT SUBDIVISION AT THE END OF WINDPORT DRIVE.
WHEREAS, Wallace Pollock and capellino Brothers Construction
have requested approval to subdivide an 8.8 acre parcel to four
single family residential lots at the end of Windport Drive; and
WHEREAS, Draft and Final Environmental Impact Reports were
prepared and circulated in compliance with the California
Environmental Quality Act and State and local guidelines and the
Planning Commission considered the information, conclusions and
mitigation measures contained in these documents in their review
of the proposed project; and
WHEREAS, The Planning Commission held a public hearing on the
environmental review of the project on July 30, 1991, and held
public hearings on the project on August 19 and September 10, at
which time all interested parties were given an opportunity to be
heard and to present evidence, and held hearings on September 12
and October 8, 1991 to consider the Final EIR.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO
PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: That the division of an 8.8 acre parcel into four
(4) lots, each with a minimum area exceeding 20,000 square feet,
is consistent with the General Plan land use designation of 2 to 4
units per acre in the area adjacent to Windport Drive.
Section 2: That the proposed uses of the lots are for single
family dwellings and ancillary uses, which are compatible with the
objective, policies and general land use specified in the General
Plan.
Section 3: That with the approval of Zone Change No. 19, the
division of an 8.8 acre parcel into four (4) lots, each with a
minimum area exceeding 20,000 square feet and with an existing
area exceeding 3,000 square feet for each lot with a slope of less
than 35% is consistent with the RS -2 zoning designation and the
requirements of the Development Code.
Section 4: That the proposed site is physically suitable to
accommodate Tentative Parcel Map No. 18947 in terms of design and
density, and will not result in substantial environmental effects,
based on the Final Environmental Impact Report and is in
compliance with the City's General Plan.
Section 5: That the creation of four (4) single family lots
and potential improvements will not be materially detrimental to
property values or jeopardize, endanger or otherwise constitute a
menace to the public health, safety or general welfare of persons
or properties in the surrounding area since the conditions of
approval and mitigation measures require site improvements and
dedications.
Section 6: That the division and development of the property
will not unreasonably interfere with the free and complete
exercise of the public right-of-way and/or easements within the
project subdivision.
Section 7: That the Planning Commission does hereby declare
that an Environmental Impact Report was prepared in compliance
with CEQA and State and local guidelines and that the Commission
has reviewed and considered the contents of the EIR in reaching
its decision.
Section 8: That the grading associated with the project is
not excessive beyond that necessary for the proposed primary use
of the property since the remedial grading under the road
extension is necessary to provide a suitable base for the public
road and utility improvements, the grading to create the split
level pad areas takes advantage of the existing topography and the
grading for the foundation piers is necessary to permit the safe
construction of residential structures on the site.
Section 9: That the grading and/or construction does not
significantly adversely effect the visual relationship with, nor
the views from neighboring sites, since the ridgelines of the
proposed structures will be below the level of the ocean view over
the site from the residences on Locklenna Lane, Windport Drive,
Island View Drive or Ocean Crest Drive.
Section 10: That the nature of the grading minimizes
disturbance to the natural contours and finished contours are
reasonably natural since the site was extensively filled in the
past to form a level area and the pad areas are not proposed in an
area of the site that is natural and undisturbed.
Section 11: For the foregoing reasons, the Planning
Commission of the City of Rancho Palos Verdes does hereby approve
Tentative Parcel Map No. 18947 subject to the attached conditions
of approval contained in Exhibit "All and Grading No. 1460 subject
to the conditions of approval contained in Exhibit "B", which are
necessary to protect the public health, safety and general welfare
in the area.
P. C. Resolution No. 91-55
Page 2
0
PASSED, APPROVED and ADOPTED on October 8, 1991.
Aorer�Benard, Direc or
En ironmental Services or
En
a d
Secretary to the Commission
P.C. Resolution No. 91- 55
Page 3
EXHIBIT A
TENTATIVE PARCEL MAP NO. 18947
CONDITIONS OF APPROVAL
A. GENERAL
1. Within thirty (30) days from the date of City approval of the
project, the developer shall submit, in writing, a statement
that they have read, understand and accept all conditions of
approval contained in this exhibit.
2. In compliance with Fish and Game Code Section 711.4, the
developer shall submit to the City a cashier's check payable to
the County Recorder in the amount of $850 for a filing fee, and
a cashier's check payable to the County Recorder in the amount
of $25 for documentary handling fee within 48 hours of City
approval of this project. The developer shall also pay any
fine imposed by the Department of Fish and Game, if required.
3. This approval is conditioned upon the developer entering into
an agreement with the City of Rancho Palos Verdes within twenty
(20) working days of the date of City approval, subject to the
approval of the City Attorney, to indemnify and defend the City
against all damages, claims, judgements and litigation costs
including, without limitation, attorney's fees awarded to a
prevailing party, arising from the approval of the project and
all issues related thereto.
4. This approval is conditioned upon the developer creating an
assessment district with the City to pay for monitoring and
maintenance of the piezometers and settlement markers required
on the site to monitor groundwater levels by the City Geologist
required by Condition E3. All future landowners will be
required to join this assessment district. 1
5. The City's filing fee for a final map shall be paid by the
developer within six (6) months from the date of City approval.
6. This approval expires twenty-four (24) months from the date of
City approval of the project.
B. SUBDIVISION MAP ACT
1. Prior to submitting the final map for recordation pursuant to
Section 66493-C of the Government Code, the developer shall
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.
P.C. Resolution No. 91-55
C. COUNTY RECORDER
1. If signatures of record or title interests appear on the final
map, submit a preliminary guarantee. A final guarantee will be
required at the time of filing of the final map with the county
recorder. If said signatures do not appear on the final maps,
a preliminary title report/guarantee is needed that covers the
areas showing all fee owners and interest holders.
2. The developer shall supply the City with one brownline and one
print of the recorded map.
D. SURVEY MONUMENTATION
1. Prior to recordation of the final map, a bond, cash deposit or
combination thereof, 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 of the
final map, the developer shall set survey monuments and center
line tie points and furnish the center line tie notes to the
City Engineer.
3. All lot corners shall be referenced with permanent survey
markers in accordance with the Municipal Code.
E. GEOLOGY
1. Prior to approval of the final map and issuance of building
permits, the developer shall obtain clearance for construction
from the City Geologist and shall submit a geology and/or soils
report on the expansive properties of soils on all building
sites in the proposed subdivision. Expansive soils are defined
by Building Code Section 2904(b).
2. Prior to recordation of the final map or prior to commencement
of work, whichever occurs first, a bond, cash deposit, or other
City approved security shall be posted to cover the costs of
any geologic hazard abatement in an amount to be determined by
the City Engineer.
3. The developer shall install groundwater monitoring wells in
compliance with the recommendations of the City Geologist and
as approved by the City. The wells shall be installed so as to
allow the placement of pumps, if, in the sole discretion of the
City Geologist, future circumstances warrant pumping.
Sufficient electrical power shall be provided to each site to
serve future pumps.
4. Any geologic hazards associated with this proposed development
shall be eliminated or, if they cannot be eliminated, the city
Geologist shall designate a restricted use area in which the
erection of buildings or other structures shall be prohibited.
P.C. Resolution No. 91-55
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F. DRAINAGE
1. Prior to filing of the final map, the developer shall submit a
hydrology study to the City Engineer to determine any adverse
impacts to existing flood control facilities generated by the
proposed project. Should the City Engineer determine that
adverse impacts will result, the developer shall be required to
post a cash deposit or bond or combination thereof in an amount
to be determined by the Director of Public Works, which shall
be based on the project's share of the necessary improvements.
2. Drainage plans and necessary support documents which comply
with the following requirements must be approved by the City
Engineer prior to filing of a final map:
a. Provide drainage facilities to remove the flood hazard to
the satisfaction of the City Engineer.
b. Eliminate the sheet overflow and ponding or elevate the
floors of the buildings with no openings in the foundation
walls to 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 contributor drainage from adjoining properties.
3. 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 (213)
435-7741, shall be notified prior to commencement of work
within any natural drainage courses affected by this project.
4. Runoff from roofs and hardscape shall be controlled and
conducted to the public street or to the improved drainage
course on the south side of the property with appropriate
erosion control measures at the outlet.
5. All drainage swales and any other on -grade drainage facilities,
including gunite, shall be of an earth tone color and shall be
reviewed and approved by the Director of Environmental
Services.
G. SEWERS
11. A bond, cash deposit or other City approved security, shall be
posted prior to the recordation of the final map or start of
work, whichever occurs first, to cover the cost for connection
to the sanitary sewer system, in an amount to be determined by
the City Engineer.
P.C. Resolution No. 91-55
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2. Prior to approval of the final map, the developer shall
submit to the Director of Environmental Services a written
statement from the County Sanitation District approving the
design of trunk line connection. Said approval shall state all
conditions of approval, if any, and shall state that the County
is willing to maintain all connections to said trunk line.
3. Approval of this subdivision of land is contingent upon the
installation, dedication and use of local main line sewer
connections and separate house laterals to serve each lot of
the land division.
4. 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 shall be issued for the
construction of homes on such lots.
5. Sewer easements are tentatively required, subject to review by
the City Engineer, to determine the final locations and
requirements.
6. Prior to construction, the developer shall obtain approval of
the sewer improvements plans from the County Engineer, Sewer
Design and Maintenance Division.
H. WATER
1. There shall be filed with the City Engineer a "will serve"
statement from the water purveyor indicating that water service
can be provided to meet the demands of the proposed
development. Said statement shall be dated no more than six
(6) months prior to the issuance of the building permits for
each lot.
2. Prior to recordation of the final map or prior to commencement
of work, whichever occurs first, the developer shall submit a
labor and materials bond in addition to either:
a. An agreement and a faithful performance bond approved by the
City, in an 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 developer has entered into a
contract with the servicing water utility to construct a
water system, as required, and has deposited with such water
utility a security guaranteeing payment for the installation
of the water system.
3. There shall be filed with the City Engineer a statement from
the water purveyor indicating that the proposed water main
connections 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 parcel.
P.C. Resolution No. 91-55
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4. At the time the final subdivision improvement plans are
submitted for checking, plans and specifications 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.
5. All lots shall be served by adequately sized water system
facilities which shall include fire hydrants of the size, type,
and location as determined by the L.A. 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 L.A.
County Fire Department prior to framing of the first structure.
All other requirements of the County Fire Department shall be
satisfied.
I. UTILITIES
1. All utilities to and on the lots shall be provided underground,
including cable television, telephone, electrical, gas, and
water. All necessary permits shall be obtained for their
installation. Cable television shall connect to the nearest
trunk line at the developer's expense.
2. The developer shall comply with all requirements of the various
Municipal utilities and agencies that provide public services
to the property.
J. EASEMENTS
1. Prior to recording the final map, the developer shall provide
the City with an Irrevocable Offer to Dedicate a pedestrian
trail easement, minimum 20 feet wide, along the interior side
property line of Lot 2 and/or Lot 3. The Director of
Environmental Services shall determine the final location of
the offer based on final grading plans.
2. Prior to recording the final map, the developer shall provide
the City with an Irrevocable Offer to Dedicate a pedestrian
trail easement, minimum 20 feet wide, parallel to the rear
property line of Lot 3.
3. Easements shall not be granted within easements dedicated or
offered for dedication to the County of Los Angeles, the City
of Rancho Palos Verdes, or any public utility, until after the
final map is filed and recorded with the County Recorder. No
easements shall be granted after recording of the final map
that in any way conflict with prior easements dedicated to the
County, City, or any public utility. If any easements are
granted before recordation of the final map, the holder of said
easement shall execute a quit claim deed in favor of the
County, City, or any public utility.
P.C. Resolution No.91-55
Page 5 of 8
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4. All easements are subject to review by the City Engineer to
determine their final location and requirements.
K. PARK DEDICATION IN LIEU FEES
1. Prior to the approval of the final map, the developer shall pay
to the City of Rancho Palos Verdes a Quimby Act fee. The land
value used to calculate the fee shall be determined through a
M.A.I. appraisal prepared and provided to the City by the
applicant within sixty (60) days of City approval of the
project.
L. HOUSE NUMBERING
1. Any house numbering plans shall be provided to the City by the
developer for approval by the City Engineer.
M. LANDSCAPING
1. A Covenant to Maintain Property to protect views shall be
submitted by the developer prior to final map approval for each
lot created with this subdivision.
2. A landscape and irrigation plan for each lot shall be submitted
to the Director of Environmental Services for review and
approval prior to the issuance of building permits for each
residence. No irrigation systems shall be permitted on 3:1
slopes or greater, with the exception of the 2:1 transitional
slopes between the split building pad areas. All 3:1 slopes
shall be planted exclusively with drought tolerant plant
materials. The building pad areas for each lot shall be
landscaped with 80% drought tolerant plant materials and only
20% high water use plant materials.
N. POOLS AND SPAS
1. In -ground pools and spas shall be prohibited, unless they are
installed on caissons, or a similar design appropriate for the
geologic conditions on the site, subject to the review and
approval of the City Geologist.
O. BUILDING AND GRADING RESTRICTION LINE
1. A Building and Grading Restriction (BGR) line shall be placed
on the final map between the approved pad areas and the 3:1
slopes. The final location of the BGR line shall be determined
by the Director of Environmental Services.
P.C. Resolution No. 91-55
Page 6 of 8
P. RELATED APPLICATIONS
1. Approval of this tentative parcel map and grading permit is
subject to the certification of Final Environmental Impact
Report No. 31 and approval of Zone Change No. 19 by the City
Council without substantial modifications hereto, including
offers of dedication of land and easements, and parcel
development improvements.
2. This approval is conditioned upon compliance with all
mitigation measures contained in Environmental Impact Report
No. 31. The developer shall be reponsible for all costs
incurred by the City to administrate the monitoring program.
P.C. Resolution No. 91-55
Page 7 of 8
EXHIBT B
GRADING NO. 1460
CONDITIONS OF APPROVAL
A. GRADING
1. Prior to the recordation of the
commencement of work, whichever
deposit, or other City approved
cover the costs of grading in an
City Engineer.
final map or prior to the
occurs first, a bond, cash
security, shall be posted to
amount to be determined by the
2. A construction plan shall be submitted to the Director of
Environmental Services prior to any grading permits being
issued. Said plan shall include, but not be limited to: limits
of grading, estimated length of time for rough grading and
improvements, location of construction trailer, location and
type of temporary utilities.
3. Prior to filing of the final map, a grading plan shall be
approved by the City Engineer and City Geologist. This grading
plan shall be based on a detailed engineering geology and/or
soils engineering report and shall specifically be approved by
the project geologist and/or soils engineer and show all
recommendations submitted by them. The plan shall also be
consistent with the tentative map and conditions, as approved
by the City.
4.
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5. Grading shall conform to Chapter 29, "Excavations, Foundations,
and Retaining Walls", and Chapter 70, "Excavation and Grading"
of the Uniform Building Code.
6. Prior to issuance of grading permits and/or building permits, a
method of control to prevent dust and windblown earth problems
shall be approved by the Director of Environmental Services.
7. Graded slope tops shall be rounded, slope gradients shall be
varied and no significant abrupt changes between natural and
graded slopes,will be permitted. All created slopes, with the
exception of the permitted 2:1 slopes between the split
building pad areas, shall not be created greater than 3:1.
P.C. Resolution No. 91-55
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