PC RES 1992-017 P.C. RESOLUTION NO. 92-17
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES RECOMMENDING CERTIFICATION OF
A MITIGATED NEGATIVE DECLARATION FOR ENVIRONMENTAL
ASSESSMENT NO. 600 AND APPROVAL OF VESTING TENTATIVE
TRACT MAP NO. 49067 TO THE CITY COUNCIL FOR A SINGLE
FAMILY RESIDENTIAL PLANNED DEVELOPMENT WITH TEN
RESIDENTIAL LOTS AND FOUR COMMON AREA OPEN SPACE LOTS
LOCATED WITHIN THE PORTUGUESE BEND CLUB.
WHEREAS, Transamerica Realty Services, Inc. has
requested approval of Vesting Tentative Tract Map No. 49067
for the creation of fifteen (15) single family residential
lots and three (3) common area open space lots on an 18.33
acre site located within the Portuguese Bend Club, pursuant
to the Residential Planned Development provisions of the
City's Development Code; and
WHEREAS, a Draft Negative Declaration was prepared and
circulated for at least 30 days from August 21, 1991 to
September 23, 1991 in order to receive written comments on
the adequacy of the document from responsible agencies and
the public; and
WHEREAS, after notice issued pursuant to the provisions
of the City Development Code, the Planning Commission held a
public hearing on the environmental review of the project
applications on November 12, 1991 and held public hearings on
the project on November 26, 1991 and January 14, February 11,
and March 4, 1992 at which time all interested parties were
given an opportunity to be heard and present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE
AS FOLLOWS:
Section 1: That the Mitigated Negative Declaration
identifies as potential significant environmental impacts the
effect the original fifteen (15) residential lot tract map on
earth, water, land use, and aesthetics. Changes or
alterations have been required in, or incorporated into the
revised ten (10) residential lot tract map design which avoid
or substantially lessen these impacts to an insignificant
level.
Section 2 : That a mitigation monitoring program has
been prepared for the proposed project to ensure that the
mitigation measures incorporated into the project will be
properly implemented. Exhibit "A" hereto, contains the
mitigation monitoring program reviewed by the Planning
Commission, pursuant to the California Environmental Quality
Act and which is incorporated herein by reference.
Section 3 : That the creation of ten (10) single family
residential lots, four (4) common area open space lots and
related improvements is consistent with the type of land use
and density identified in the City's General Plan and Coastal
Specific Plan.
Section 4: That the creation of ten (10) single family
residential lots, as conditioned, is consistent with the
City's Development Code for projects within the RS-5 zoning
district under a Residential Planned Development, with the
provision to maintain at least 30% of the subject property as
common area open space. In addition, the deletion of five
(5) lots from the original submittal increased the average
size and dimensions of the residential lots and protected
public views over the site.
Section 5: That the use of the lots shall be for single
family residential dwelling units, common open space and
related improvements, which is compatible with the
objectives, policies, programs and land use specified in the
General Plan and the Coastal Specific Plan.
Section 6: That the subject property is physically
suitable to accommodate Vesting Tentative Tract Map No.
49067, as conditioned, in terms of design and density and
will not result in substantial environmental damage based on
consideration of information contained in the project's Final
Mitigated Negative Declaration, implementation of mitigation
measures which have been incorporated into the conditions of
approval and compliance with the City's Development Code and
General Plan.
Section 7: That the creation of the lots, single family
residential dwelling units and associated improvements will
not be materially detrimental to property values, jeopardize,
endanger or otherwise constitute a menace to the surrounding
area, since physical improvements, dedications and
maintenance agreements are required.
Section 8: 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.
P.C. Resolution No. 92- 17
Page 2
Section 9: That the discharge of sewage from this land
division into the 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) .
Section 10: That the design of the subdivision and the
type of improvements associated with it are not likely to
cause serious public health problems.
Section 11: That the vesting tentative tract map design
provided for future passive or natural heating or cooling
opportunities in the subdivision to the extent feasible.
Section 12 : That dedications required by local
ordinance are shown on the vesting tentative map and/or are
set forth in the conditions of approval attached hereto in
Exhibits "B" and "C" .
Section 13 : That the vesting tentative tract 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 14: That the City 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 15: That the subject use, as conditioned,
mitigates or reduces significant adverse effects to adjacent
properties or the permitted uses thereof. Further, the
Planning Commission recommends that the City Council declare
the Mitigated Negative Declaration certified per P.C.
Resolution No. 92- in compliance with City and State
guidelines and that the Planning Commission reviewed and
considered the contents of the Mitigated Negative Declaration
in reaching its decision on the project.
Section 16: That all of the required mitigation measures
are hereby incorporated into the conditions of approval for
the vesting tentative tract map.
P.C. Resolution No. 92-17
Page 3
Section 17_ For the foregoing reasons and based on
information and findings included in the Mitigated Negative
Declaration, Staff Reports, minutes, records of proceeding
and evidence presented at the public hearings, the Planning
Commission of the City of Rancho Palos Verdes hereby
recommends that the City Council certify the Mitigated
Negative Declaration for Environmental Assessment No. 600 and
approve Vesting Tentative Tract Map No. 49067, subject to
the attached conditions contained in Exhibit "B" and "C",
which are necessary to protect the public health, safety and
general welfare in the area.
PASSED, APPROVED and ADOPTED on March 19, 1992 .
Robert Katherman
Chairman
Q"gxe
Caro ynn Pe ru, Ac ing Director
of Environmental Services and
Secretary to the Commission
P.C. Resolution No. 92- 17
Page 4
EXHIBIT "A"
MITIGATION MONITORING PLAN
Vesting Tentative Tract No. 49067
Environmental Assessment No. 600
I. Geotechnical (Earth)
(Environmental Assessment No. 600, p. 2)
Description of Adverse Impacts
The creation of the buildable pad areas, man-made slopes,
realignment of Yacht Harbor Drive, and drainage improvements will
require grading of the site. As a result, the existing topography
will be disrupted and altered. The developer has submitted
geological investigation reports for the entire site and the City
has approved these reports and determined that the site is
geologically feasible for the proposed development.
Mitigation Measures
1) Individual property owners shall submit independent geological
investigation reports to the City for review prior to the
issuance of any building permits to substantiate the findings
made by the reports already submitted by the developer and
approved by the City.
Monitoring Action; Review of geology report, Field
inspection
Party Responsible for Implementing Mitigation; Individual
property owner
Enforcement Agency; City of R.P.V.
Monitoring Agency; City of R.P.V.
Monitoring Phase; Grading plan check
2) All proposed grading (including that for the realignment of
Yacht Harbor Drive) shall follow the standards set forth in
the City's Development Code Section on grading guidelines.
Monitoring Action;, Review of grading plan, Field inspection
Party Responsible for Implementing Mitigation; Developer
Enforcement Agency: City of R.P.V.
Monitoring Agency; City of R.P.V.
Monitoring Phase; Grading plan check, Tract grading
P.C. Resolution No. 92-17
Exhibit A
Mitigation Monitoring Program
Vesting Tentative Tract Map No. 49067
3) The grading plan shall include a method to insure that
material will not be dumped over the bluff and will insure
that natural appearing grades (slopes) will be created.
Monitoring Action; Review of grading plan, Field inspection
Party Responsible for Implementing Mitigation; Developer
Enforcement Agency; City of R.P.V.
Monitoring Agency; City of R.P.V.
Monitoring Phase; Grading plan check, Tract grading
I I. Hydrology (Water)
(Environmental Assessment No. 600, p. 3)
Description of Adverse Impacts
Water absorbtion rates and surface water runoff will be altered as
a result of the grading which will occur on site. Drainage on
site will be established as the grading necessary for the lots and
realignment of Yacht Harbor Drive is accomplished.
Mitigation Measures
1) All drainage improvements and distribution (except for roof
drains and yard drains which will be the responsibilty of the
individual lot owners) proposed for the project site shall be
designed in accordance with the most current standards and
criteria of the City Engineer and Public Works Department.
Monitoring Action; Storm Drain System Plan check
Party responsible for Implementing Mitigation; Developer
Enforcement Agency; City of R.P.V.
Monitoring Agency; City of R.P.V.
Monitoring Phase; Storm Drain System plan check
2) Pursuant to Section 404 of the Federal Clean Water Act, the
applicant shall contact the U.S. Army Corps of Engineers,
prior to commencement of grading, to determine their
jurisdiction, and permit requirements, if any, relative to
alteration of the onsite drainage areas.
Monitoring Action; Verify compliance with Army Corps
requirements
Party, Responsible for Implementing Mitigation; Developer
Enforcement Agency; U.S. Army Corps of Engineers
Monitoring Agency; City of R.P.V.
Monitoring Phase; Storm Drain System plan check
Page 2
P.C. Resolution No.92-17
Exhibit A
Mitigation Monitoring Program
Vesting Tentative Tract Map No. 49067
III. Land Use/Aesthetics
(Environmental Assessment No. 600, p. 3)
Description of Adverse Impacts
The development of the subject property with ten residential homes
will result in an alteration of the present land use which is
vacant, undeveloped land. However, both the General Plan and
Coastal Specific Plan indicate that residential activity is the
most compatible use for the buildable vacant land within this
region. Even though the General Plan nor the Coastal Specific
Plan do not indicate protected viewing corridors or vistas through
the site, views of Catalina Island and the Pacific Ocean exist
nonetheless. Grading, structure height and mass limitation, and
other control methods will minimize and/or eliminate potential
view impairment.
Mitigation Measures
1) Limit structure heights and massing on all residential lots to
protect views from adjacent homes and Palos Verdes Drive South
Monitoring Action; Planning Approval of individual homes
Party responsible for Implementing Mitigation; Individual
property owner
Enforcement Agency; City of R.P.V.
Monitoring Agency; City of R.P.V.
Monitoring Phase: Planning Approval of individual homes
Page 3
P.C. Resolution No.92-17
Exhibit A
EXHIBIT "B"
VESTING TENTATIVE TRACT MAP NO. 49067
CONDITIONS OF APPROVAL
A. GENERAL
1. Within thirty (30) days of approval of the Vesting
Tentative Map the developer shall submit, in writing, a
statement that they have read, understand and agree to
all of the conditions of approval contained in this
exhibit.
2. The City's fee for processing a Final Map shall be paid
within six (6) months of approval of the vesting
tentative map.
3 . All lots shall conform to minimum development standards
as specified in Resolution No. 91- for Conditional Use
Permit No. 154 and Grading No. 1420.
4. This approval expires twenty-four (24) months from the
date of approval of this tract map by the City Council
of the City of Rancho Palos Verdes unless the final map
has been recorded. Extensions of up to one (1) year may
be granted by the City Council, if requested prior to
expiration.
5. The developer shall supply the City with one brownline
and one print of the recorded Final Map.
B. SUBDIVISION MAP ACT
1. Prior to submitting the Final Map for recording pursuant
to Section 66442 of the Government Code, the subdivider
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.
C. COUNTY RECORDER
1. If signatures of record or title interests appear on the
vesting map, the developer shall 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
vesting tentative map, a preliminary title
report/guarantee is needed that covers the area showing
all fee owners and interest holders.
Tract Map Conditions of Approval
P.j) e 1 of 7
.resolution No.92-17
Exhibit B
2. The account for the preliminary title report guarantee
referenced in Condition Cl should remain open until the
Final Map is filed with the County Recorder.
D. ARCHAEOLOGY AND PALEONTOLOGY
1. A qualified archaeologist shall be present during all
rough grading operations to further evaluate cultural
resources on the site. If archaeological resources are
found, all work in the affected area shall be
temporarily suspended and the resources shall be removed
or preserved. All "finds" shall be reported to the
Director of Environmental Services immediately.
2. A qualified paleontologist shall be present during all
rough grading operations to further evaluate cultural
resources on the site. If paleontological resources are
found, all work in the affected area shall be
temporarily suspended and the resources shall be removed
or preserved. All "finds" shall be reported to the
Director of Environmental Services immediately.
E. SEWERS
1. 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
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 sewer line connection with
regard to the existing trunk line sewer. 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 lines.
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. If, because of future grading, or for otherreasons, 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 tentatively required, subject to
review by the City Engineer, to determine the final
locations and requirements.
Tract Map Conditions of Approval
aae P.L. esolutioon No. 92-17
Exhibit B
6. Prior to construction, the subdivider shall obtain
approval of the sewer improvement plans from the County
Engineer Sewer Design and Maintenance Division.
7. The sewer system shall be designed to accommodate the
future use by P.M. No. 17161.
F. 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 the first phase of construction.
2 . 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:
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.
3 . 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.
4. 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.
5. 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
Tract Map Conditions of Approval
P.L.Kesolutionf No. 92-17
Exhibit B
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.
6. 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.
G. DRAINAGE
1. 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. 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.
b. Provide drainage facilities to protect the lots from
high velocity scouring action.
c. Provide for contributory drainage from adjoining
properties.
2 . 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.
3 . 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.
4. The developer shall provide a connection from the
existing 24" RCP that is below Palos Verdes Drive South
at Lot 14 and continue the new 24" RCP to the point that
presently is shown in Lot 1.
5. The developer shall provide a gutter (with surface
grating) across Yacht Harbor Drive at Lot 1.
6. The outfall of the existing 24" RCP shall be extended to
the high water line.
Tract Map Conditions of Approval
P.Migsoiitglqo. 92-17
Exhibit B
H. STREETS
1. 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 the realignment of
Yacht Harbor Drive and related improvements, in an
amount to be determined by the Director of Public Works.
2 . The proposed realignment of Yacht Harbor Drive shall be
designed to the satisfaction of the Director of Public
Works, pursuant to the following specifications:
a. The finished realignment of Yacht Harbor Drive shall
have curbs on both the north (landward) and south
(seaward) sides of the street as specified by the
Director of Public Works.
b. Handicapped access ramps which conform to standards
and specifications in Title 24 of the Uniform
Building Code, to be reviewed by the Trails
Committee, shall be provided at all locations where
public trails intersect with streets in or adjacent
to the subject development.
c. Street and traffic signs, including appropriate
trail signage as recommended by the Trails
Committee, shall be placed at all intersections
and/or corners as specified by the Director of
Public Works, conform to City Standards and be shown
on a signage and striping plan to be attached to the
street plans.
d. The proposed realignment of Yacht Harbor Drive shall
be designed in substantially the same alignment as
shown on Vesting Tentative Tract Map No. 49067, as
approved by the Planning Commission (date to be
determined) .
e. A Class II, painted bike lane north of the project
along Palos Verdes Drive South shall be restriped
and repaired as necessary upon the completion of
rough grading.
Tract Map Conditions of Approval
P itPsc ut9 i Ro. 92-17
Exhibit B
3. The developer shall be responsible for repairs to
neighboring streets (those streets to be determined by
the Director of Public Works) which may be damaged
during development of the tract. Prior to issuance of
grading permits, the developer shall post a bond, cash
deposit or City approved security, in an amount
sufficient to cover the costs to repair any damage to
streets and appurtenant structures as a result of this
development.
4. The developer shallpay traffic impact fees in an amount
determined by the Director of Public Works upon
acceptance of all public works improvements by the
Director of Public Works.
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
developers expense.
J. GEOLOGY
1. 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 grading in an amount to be
determined by the City Engineer.
2 . 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 well site to serve
future pumps.
K. EASEMENTS
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 Map.
Tract Map Conditions of Approval
P.L. solutioon No. 92-17
Exhibit B
2 . Thedeveloper shall construct a public multi-purpose easy
trail (per Department of Recreation and Parks standards)
parallel and adjacent to the public right-of-way along
Palos Verdes Drive South to the Landslide Moratorium
Boundary line (common property line between Lot #1 and
#14) and shallprovide a bond or other money surety for
said construction in an amount to be determined by the
Director of Public Works. Construction of said trail
shall coincide with the project grading activity and
shall be completed upon certification of rough grading.
L. SURVEY MONUMENTATION
1. Prior to recordation of the Final Map, a bond, cash
deposit, or combination thereof, shall beposted 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 f i l in
the final map, the developer per shall set remaining required
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 City Municipal Code.
M. PARK DEDICATION
1. Prior to the recordation 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 within 60 days of City approval of
the project.
N. RELATED APPLICATIONS
1. This approval is conditioned upon compliance with all
conditions of approval for Conditional Use Permit No.
154, GradingApplication No. 1420, Variance No. 297
Coastal Permit No. 95, and Minor Exception Permit No.
414 .
Tract Map Conditions of Approval
P.L,. gsoIut1 t o. 92-17
Exhibit B