PC RES 1995-021RESOLUTION NO. 95 - 21
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES APPROVING TENTATIVE PARCEL
MAP NO. 23912 IN ASSOCIATION WITH THE FINAL
NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT
NO. 661 FOR THE SUBDIVISION OF A 33,853 SQUARE FOOT
PARCEL INTO TWO SINGLE FAMILY RESIDENTIAL LOTS ON
THE PROPERTY LOCATED AT 6324 VIA COLINITA.
WHEREAS, the applicant, Mr.
approval for Tentative Parcel
Assessment No. 661, Grading Permit
1743 to allow for the division of
two (2) lots, located at 6324 Via
Family Residential - Minimum lot
district; and,
Richard Ducharme, has requested
Map No. 23912, Environmental
No. 1727, and Grading Permit No.
a 33,853 square foot parcel into
Colinita within the RS -3 (Single
size 13,000 square feet) zoning
WHEREAS, the subject property is commonly known as 6324 Via
Colinita and is a vacant lot; and,
WHEREAS, after notice issued pursuant to the provisions of
Development Code, the Planning Commission held a public hearing on
June 14, 1995, and September 13, 1994 at which time all interested
parties were given an opportunity to be heard and present evidence%
WHEREAS, on September 13, 1994, the Planning Commission denied
Tentative Parcel Map No. 23912, Grading Permits Nos. 1727 and 1743
and no action was taken on Environmental Assessment No. 661; and,
WHEREAS, on September 29, 1994, the applicant, Mr. Jim
Marquez, filed a written appeal to the City Council which was
submitted within the fifteen (15) day appeal period following the
Planning Commission's decision; and,
WHEREAS, on December 6, 1994, the City Council remanded the
proposed subdivision back to the Planning Commission for
consideration of a revised project; and,
WHEREAS, after notice issued pursuant to the provisions of the
Development Code, the Planning Commission held a public hearing on
the project on February 28, 1995, March 14, 1995, April 25, 1995,
May 23, 1995, and ' June 13, 1995, 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 division of this 33,853 square foot
parcel into two (2) lots, each with a minimum area exceeding 13,000
square feet and an existing buildable area exceeding 3,000 square
feet, is consistent with the land use designation in the General
Plan and RS -3 (Residential Single Family/2-3 Dwelling Units per
Acre) standards of the Development Code.
Section 2: That the proposed use of the parcel is for single
family dwellings and associated uses, which are compatible with the
objectives, policies, and general land uses specified in the
General Plan.
Section 3: That the site is physically suitable to
accommodate the proposed subdivision in terms of design and
density, and will not result in substantial environmental damage,
based on compliance with the City's Development Code and General
Plan.
Section 4: That the proposed subdivision and potential
improvements will not be materially detrimental to property or
jeopardize, endanger, or otherwise constitutes menace to the public
welfare of persons or properties in the surrounding area since the
proposed site is consistent with surrounding land use, and
conditions of approval have been placed on the subdivision to
eliminate or minimize any adverse effects.
Section 5: 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 subject
subdivision since the access to the parcel is available from Via
Colinita, a public road adjacent to the east property line.
Section 6: That the quantities of grading required to provide
access and to construct a moderately-sized residential structure on
each lot would be comparable in size to other homes in the
immediate area and within the RS -3 zoning district and, therefore,
would not be excessive. In addition, the grading necessary to
develop each lot could be designed in such a manner so as to not
significantly alter the existing topography of the site and,
therefore, would be consistent with the criteria contained in
Development Code Section 17.50.070. Therefore, pursuant to Section
66474 (c) of the Subdivision Map Act, the Planning Commission finds
that the site for the proposed subdivision is physically suitable
for the type of development that may occur in the zoning district
in which the subject property is located.
Resolution No. 95 - 21
Page 2 of 4
Section 7: That Parcels 1 and 2 exceed the minimum required
3,000 square feet of contiguous area with slopes less than 35
percent (exclusive of setbacks areas located within the "buildable"
area). As a result, a residential structure could be constructed
on the "buildable" area of each parcel with usable outdoor area
remaining. Therefore, pursuant to Section 66474(c) of the
Subdivision Map Act, the Planning Commission finds that the site
for the proposed is physically suitable for the type of development
that may occur in the zone in which the property is located.
Section 8: That the Planning Commission has reviewed and
considered the contents of the Initial Study (Environmental
Assessment No. 661) prior to acting on this project, and determined
that approval of the subdivision will not result in a significant
effect upon the environment.
Section 9: The time within which judicial review of the
decision reflected in this Resolution, if available, must be sought
is governed by Section 1094.6 of the California Code of Civil
Procedure.
Section 10: For the foregoing reasons and based on minutes,
information and findings included in the Staff Report, and evidence
presented at the public hearings, and records of the proceedings,
the Planning Commission of the City of Rancho Palos Verdes hereby
approves Tentative Parcel Map No. 23912 in conjunction with Final
Negative Declaration for Environmental Assessment No. 661 for the
subdivision of a 33,853 square foot parcel into two single family
residential lots at 6324 Via Colinita, subject to the conditions of
approval contained in the attached Exhibit "A", which are necessary
to protect the public health, safety and welfare in the area.
PASSED, APPROVED AND ADOPTED this 13th day of June 1995 by the
following vote:
AYES: Commissioners Alberio, Ferraro, Wang, Whitenetk, Chairman Mowlds
NOES: Commissioner Vannorsdall
ABSTENTIONS: None
ABSENT: Vice Chair Hayes
Resolution No. 95 - 21
Page 3 of 4
Secretary to the Planning Commission
(C:KK\TPMAPP.RES)
Resolution No. 95 -21
Page 4 of 4
EXHIBIT "All
CONDITIONS OF APPROVAL
6324 VIA COLINITA
TENTATIVE PARCEL MAP NO. 23912 &
GENERAL
1. Within thirty (30) days of the City's action on this project
becoming final, the landowner shall submit, in writing, a
statement that he/she has read, understands, and accepts all
conditions of approval contained in this Exhibit "A".
2. The City's filing fee for a final map shall be paid within six
(6) months of the approval of the tentative map.
3. The applicant 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 Parcel Map by the Planning Commission of the
City of Rancho Palos Verdes.
5. Both Parcel 1 and Parcel 2 shall conform to minimum lot area
and development standards pursuant to Chapter 17.02 of the
Development Code.
SUBDIVISION MAP ACT
6. Prior to submitting the Final Map for recording pursuant of
Section 66442 of Government Code, clearance from the City
Engineer shall be obtained 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.
7. Within 24 months from the date of filing of the Final Map, the
developer shall set survey monuments and tie points and
furnish the notes to the City Engineer. All lot corners shall
be referenced with permanent survey markers in accordance with
the Municipal Code. All boundary corners shall be referenced
with permanent survey markers in accordance with the
Subdivision Map Act.
P.C. Resolution No. 95 -21
Exhibit ."A"
Page 1 of 5
COUNTY RECORDER
8. The landowner shall submit a notarized "Covenant to Protect
Views" for each parcel to the City for recordation by the
County Recorder prior to Final Map approval.
9. If signatures of record title interests appear on the Final
Map, the applicant 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 Final Map, a preliminary title report/ guarantee
is needed that covers the area showing all fee owners and
interest holders. The account for this preliminary title
report guarantee should remain open until the Final Map is
filed with the County Recorder.
GEOLOGY
10. A preliminary soils report must be approved by the City
Geologist prior to issuance of grading permits or Final Map
approval, whichever occurs first.
11. Any 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 building or other
structures shall be prohibited.
GRADING
12. A note shall be placed on the approved grading plan that
requires the Director Planning, Building and Code
Enforcement's approval of rough grading prior to final
clearance. The Director of Planning, Building, and Code
Enforcement (or his designated staff member) shall inspect the
graded site for accuracy of driveway elevations and created
slope gradient. Further, the Director may require
certification of any grading related matter.
13. On the Final Map, the areas of slope that are 35% or greater
in steepness between the building pad area and Palos Verdes
Drive East shall be designated as a "Restricted Use Area". No
grading shall be allowed within the areas designated as
"Restricted Use Area" on the Final Map.
14. A Grading Permit shall be submitted for review and approval to
the Planning Division for any grading in excess of 20 cubic
yards and/or 31-011 of cut or fill on Parcels 1 and 2.
P.C. Resolution No. 95 -21
Exhibit "All
Page 2 of 5
•
DRAINAGE
11
15. A drainage and erosion control plan and necessary support
documents to comply with the following requirements must be
approved prior to the filing of the final map:
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.
B. Eliminate the sheet overflow and ponding or elevate the
floors of the building with no openings in the foundation
walls to at least twelve inches above the finished pad.
C. Provide drainage to protect the Parcels from high
velocity scouring action.
D. Provide for contributory drainage form adjoining
properties.
16. All site drainage shall be conducted either to the street or
to an existing storm drain system in non-erosive devices.
17. All drainage swales shall have the cement colored earth tones.
SEWER
18. Approval of this subdivision of land is contingent upon the
use of local main line sewers and separate house laterals to
serve each lot of the land division.
19. Prior to approval of the Final Map the subdivider shall submit
to the Director of Planning Building and Code Enforcement a
written statement from the County Sanitation District
approving the design of the subdivision with regard to
existing trunk line sewer. Said approval shall state all
conditions of approval, if any.
WATER SYSTEM
20. There shall be filed with the City Engineer, a statement from
the purveyor that the existing system 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 subdivision.
P.C. Resolution No. 95 - 21
Exhibit "All
Page 3 of 5
Or 0
21. 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 the land
division is contingent upon approval of plans and
specifications mentioned above. The subdivider 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 and guaranteeing
the installation of the water system; or
B. An agreement and other evidence satisfactory to the City
Engineer indicating the subdivider has entered into a
contract with the serving water utility company to
construct the water system, as required, and has
deposited with such water utility security guaranteeing
payment for the installation of the water systems.
22. 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 L.A. County Fire
Department. The water mains shall be of sufficient size to
accommodate the total domestic and fire flows required for the
subdivision. Domestic fire flows shall be determined by L.A.
County Fire Department. All Fire Department requirements
shall be satisfied.
UTILITIES
23. 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 property owner's
expense.
24. Development shall comply with all requirements of the various
Municipal utilities and agencies that provide public services
to the property.
P.C. Resolution No. 95 - 21
Exhibit "All
Page 4 of 5
EASEMENTS
25. Utility and other easements shall be subject to review by the
City Engineer to determine their final locations and
requirements.
26. Easements shall not be granted within easements or offered for
dedication to the County of Los Angeles, the City or any
public utility, until after the Final Map is filed and
recorded with the County Recorder. No easement shall be
granted after recording of the Final Map that in any way
conflicts with a prior easement dedicated to the County, the
City or any public utility. If any easements are granted
prior to recordation of the Final Map, the map holder of said
easement shall execute a quitclaim deed in favor of the
County, the City or any public utility.
STREETS
27. Any house numbering proposed by the subdivider must be
approved by the city Engineer.
28. Access to the proposed parcels shall be taken from Via
Colinita. The proposed driveways shall be re -located at the
owner's expense, if necessary, in conjunction with any future
expansion of Via Colinita.
29. Prior to approval of the Final Map, the developer shall post
a 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 via
Colinita adjacent to the development. Said improvements shall
include but are not limited to A.C. paving, curb/gutter,
sidewalk, bikeways, bus stop improvements, medians, and
landscaping.
PARK DEDICATION FEES
30. Prior to the approval of a Final Map a parkland dedication fee
shall be paid to the City of Rancho Palos Verdes. The fee
shall be calculated using the formula in Section 16.20.100D of
the Development Code and shall be based upon sales or
appraised values which are no more than six months old.
C KKITPM EXA
P.C. Resolution No. 95 - 21
Exhibit "All
Page 5 of 5