PC RES 1996-041 P.C. RESOLUTION NO. 96-41
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING
TENTATIVE PARCEL MAP NO. 24297 AND GRADING
APPLICATION NO. 1844, FOR A TWO LOT SUBDIVISION
AND GRADING OF AN EXISTING 39,757 SQUARE FOOT
LOT, LOCATED AT 5901 CLINT PLACE
WHEREAS, on June 27, 1995, the applicant submitted applications for Tentative
Parcel Map No. 24297/Environmental Assessment No. 679, and on October 27, 1996
an application for Grading No. 1844 was submitted to the City; and,
WHEREAS, on April 2, 1996, the City Council of the City of Rancho Palos
Verdes approved Tentative Tract 24423 -Amendment 1, to allow the relocation of an
existing easement at 5901 Clint Place; and,
WHEREAS, the RS-5 zoning district in which the subject property is located
allows for the proposed subdivision and grading; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality
Act, Public Resources Code Sections 21000 et. seq. ("CEQA"), the State CEQA
Guidelines, California Code of Regulations, Title 14, Sections 15000 et. seq., the City's
Local CEQA Guidelines, and Government Code Section 65952.5(e) (Hazardous Waste
and Substances Statement), the City of Rancho Palos Verdes prepared an Initial Study
and determined that, by incorporating mitigation measures in to the Negative
Declaration and project approval, there is no substantial evidence that the approval of
Tentative Parcel Map No. 24297 and Grading Permit No. 1844 would result in a
significant adverse effect on the environment. Accordingly, a Draft Mitigated Negative
Declaration has been prepared and notice of that fact was given in the manner required
by law; and,
WHEREAS, the Initial Study was prepared and distributed for a 21-day
circulation and review period from September 23, 1996 through October 14, 1996; and,
WHEREAS, in accordance with the requirements of the California Environmental
Quality Act, a Mitigation Monitoring Program has been prepared, and is attached hereto
as Exhibit "A"; and,
WHEREAS, after issuing notice pursuant to the requirements of the City's
Development Code and the State CEQA Guidelines, the Planning Commission of the
City of Rancho Palos Verdes held a public hearing on November 26, 1996, 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 HEREBY FINDS, DETERMINES, AND RESOLVES AS
FOLLOWS:
Section 1: That the proposed Tentative Parcel Map No. 24297 is consistent
with the General Plan because the General Plan Land Use Designation for the site is
Residential 2-4 DU/Acre, and residential lots within this density range would generally
permit lots with a minimum size of 10,890 square feet (4 DU/Acre). The proposed
subdivision would create two lots; one being 16,467 square feet, and the other being
23,290 square feet. As such, the proposed subdivision is consistent with the density
and land use requirements of the General Plan.
Section 2: That the design or improvement of the proposed subdivision is
consistent with the General Plan as the proposed lots will meet all of the zoning code
requirements necessary for each lot to comply with the RS-5 zone. Further, the future
residential unit to be constructed on Lot 2 will be able to meet the required 20' front, 5'
side, and 15' rear yard setbacks.
Section 3: That the site is physically suitable for the proposed type and
density of development because of the size of the subject lot and because the applicant
has obtained approval from the City Council to allow the relocation of an easement that
would have otherwise prohibited the proposed subdivision.
Section 4: That the design of the subdivision or the proposed improvements
will not cause substantial environmental damage or substantially and avoidably injure
fish or wildlife or their habitat because as shown in the Initial Study, the proposed
project may have some impacts on Earth, Air, Water, Noise, Light and Glare,
Transportation/Circulation, Public Services and Cultural Resources, however there will
not be a significant effect in this case because these impacts are either insignificant or
mitigation measures as described within the Mitigation Monitoring Program will be
added to the project.
Section 5: That the design of the subdivision or type of improvements will not
cause serious public health problems, because the proposed project is for a minor two
lot subdivision of an existing residential property.
Section 6: That the design of the subdivision or the type of improvements will
not conflict with easements, acquired by the public at large, or for access through or
use of, property within the proposed subdivision because the exiting easement used for
roadway purposes has been relocated to an area where future development will not
conflict with the easement.
P.C. Resolution No. 96-41
Page 2 of 11
Section 7: That the grading is not excessive beyond that necessary for the
permitted primary use of the lot because it consists of minor adjustments to the existing
grade to create a larger building pad for Lot 2, and to accommodate the proposed
driveway that will access Lot 2.
That the grading and/or construction does not significantly adversely affect the visual
relationships with, nor the views from, neighboring sites because the existing grades
will not be raised, and the proposed construction (future residence on Lot 2) will not
significantly adversely affect the visual relationship or views from neighboring sites any
more than existing conditions would.
That the nature of the grading minimizes disturbance to the natural contours because
except for the proposed driveway cut and minor grading to enlarge the existing pad on
Lot 2, the other areas of the property will maintain their natural contours.
That the proposed grading meets all other criteria of the zoning code except that the
proposed project includes a retaining wall adjacent to the proposed driveway that will
be constructed up to 7'-0 " high. However, because the impacts associated with a
proposed 7'-0" high retaining wall are confined only to visual impacts to the subject
property owner, there will be no significant visual impacts to adjacent properties.
Section 8: For the foregoing reasons and based on information and findings
contained in the Staff Reports, minutes, and records of the proceedings, the Planning
Commission hereby approves Tentative Parcel Map No. 24297 and Grading
Application No. 1844, to allow the subdivision of an existing 39,757 square foot lot into
two lots, and grading of the subject site located at 5901 Clint Place, subject to
Conditions of Approval contained in the attached Exhibit "A" (Tentative Parcel Map No.
24297) and "B" (Grading Application No. 1844), which are necessary to protect the
public health, safety, and welfare.
P.C. Resolution No. 96-41
Page 3 of 11
PASSED, APPROVED, and ADOPTED this 26th day of November 1996 by the
following roll call vote:
AYES: Commissioners Cartwright, Franklin, Ng, Whi teneck,
Vice Chairman Vannorsdall , and Chairman Clark
NOES:
ABSTENTIONS:
ABSENT: Commissioner Al be ri o
er PC. I
. - ,, ..c ...
Lawrence E. Clark
Chairman
Zvo.,%/3-Q--Ky,r,: szrv,,,__)
Carolynn Pahl
Director of Planning, Building,
and Code Enforcement; and,
Secretary to the Planning Commission
P.C. Resolution No. 96- 41
Page 4 of 11
EXHIBIT "A"
CONDITIONS OF APPROVAL
TENTATIVE PARCEL MAP NO. 24297
5901 CLINT PLACE
General
1. Within thirty (30) days of this approval, landowner shall submit to the City a
statement, in writing, that they have read, understand, and agree to all
Conditions of Approval contained in this document. Failure to provide such
statement shall render this approval null and void.
2. The landowner shall comply with all Mitigation Measures contained in P.C.
Resolution Nos. 96-40, granted in association with Environmental Assessment
No. 679.
3. All construction shall be completed in substantial conformance to the plans
submitted to the City on November 26, 1996 (City stamped).
4. The landowner shall comply with all recommendations and requirements of the
Division of Building and Safety, and the City's Geotechnical Staff.
5. The hours of grading and construction shall be limited to 7:00 a.m. to 7:00 p.m.,
Monday through Saturday only. No construction shall be permitted on Sundays
or Legal Holidays.
6. The City's filing fee for a final map shall be paid within six (6) months of approval
of the tentative map.
7. The applicant shall supply the City with one brownline and one print of the
recorded map.
8. This approval expires twenty-four (24) months from the date of approval of the
parcel map by the Planning Commission.
9. All lots shall conform to minimum lot area and development standards pursuant
to the zoning code.
10. Development shall comply with all requirements of the various municipal utilities
and agencies that provide public services to the property.
11. Within 24 months from the date of filing of the final map, the developer shall set
P.C. Resolution No. 96-41
Page 5 of 11
survey monuments and tie points and furnish tie 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.
12. The subdivider is advised that approval of this subdivision of land is contingent
upon the installation, dedication, and use of a local, mainline sewer with a
separate house lateral to serve the new parcel created by this subdivision.
13. 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 land division.
Domestic flow requirements shall be determined by the L.A. County Fire
Department. All Fire Department requirements shall be satisfied.
14. Any house numbering proposed by the subdivider must be approved by the City
Engineer.
15. The property owner shall be responsible for repair to any public streets which
may be damaged during development of the parcel.
16. Easements shall not be granted within easements dedicated or offered for
dedication to the City, or a 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 a prior easement
dedicated to the City, or any public utility. If any easements are granted before
recordation of the final map, the holder of said easement shall execute a
quitclaim deed in favor of the City or any public utility.
17. 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.
Not Later than 72 Hours after Project Approval:
18. Unless the Department of Fish and Game determines that this project is exempt
from a filing fee imposed pursuant to Fish and Game Code Section 711.4, the
applicant shall submit to the City payment of such fee made payable to the
County Clerk of Los Angeles, along with the County's documentation fee, not
later than 72 hours after project approval. The applicant shall also be
P.C. Resolution No. 96-41
Page 6 of 11
responsible for payment of any fines the Department of Fish and Game
determines to be owed. Project approval is not operative, vested, or final until
the filing fees are paid or a Certificate of Fee Exemption is properly completed.
Prior to Submittal of the Final Map
19. Prior to submitting the final map to the City Engineer for his/her examination, the
applicant shall obtain clearance from all affected departments and divisions,
including a clearance from the City Engineer for the following items:
mathematical accuracy, signatures, etc.
Prior to Approval of the Final Map
20. 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 conditions of approval, if any.
21. Access to Lot#2 shall be taken from Clint Place over an easement of Lot#1. A
private driveway easement, for ingress and egress only, across Parcel 1 shall be
recorded concurrently with the Final Map.
22. Utility and other easements shall be subject to review by the City Engineer to
determine their final locations and requirements.
23. Prior to approval of the final map, parkland dedication fees, in an amount
determined by the Director of Planning, Building, and Code Enforcement shall
be paid to the City.
24. A City landscape covenant restricting the height of vegetation to protect views
shall be submitted by the property owner prior to final map approval for both
parcels.
25. Subject to review and approval by the City Engineer and City Geologist, the
applicant shall submit a soils investigation that shows that Lot#2 can physically
support the development of a new single family residence.
Prior to Recordation of the Final Map
26. The applicant shall relocate the existing garage and relocate or remove the
existing swimming pool so as to allow access to Lot#2.
P.C. Resolution No. 96-41
Page 7 of 11
Prior to Issuance of a Grading Permit
27. Prior to issuance of Grading or Building Permits, the landowner shall submit to
the City for recordation a covenant agreeing to construct the project strictly in
accordance with the approved plans; and agreeing to prohibit further projects on
the subject site without first filing an application with the City pursuant to the
terms of the Rancho Palos Verdes Municipal Code.
P.C. Resolution No. 96-41
Page 8 of 11
EXHIBIT "B"
CONDITIONS OF APPROVAL
GRADING PERMIT NO. 1844
5901 CLINT PLACE
General
1. Within thirty (30) days of this approval, landowner shall submit to the City a
statement, in writing, that they have read, understand, and agree to all
Conditions of Approval contained in this document. Failure to provide such
statement shall render this approval null and void.
2. The landowner shall comply with all Mitigation Measures contained in P.C.
Resolution Nos. 96-40, granted in association with Environmental Assessment
No. 679.
3. All construction shall be completed in substantial conformance to the plans
submitted to the City on October 7, 1996.
4. The hours of grading and construction shall be limited to 7:00 a.m. to 7:00 p.m.,
Monday through Saturday only. No construction shall be permitted on Sundays
or Legal Holidays.
5. The maximum height of the retaining wall located along the northerly property
line, directly adjacent to the proposed driveway shall be 7'-0". The maximum
height of the retaining wall along the southerly side of the proposed driveway
shall be 5'-0".
6. The landowner shall comply with all recommendations and requirements, if any,
of the Division of Building and Safety and of the City's Geotechnical Staff. In the
event that two conditions are in conflict with one another, the stricter shall apply.
7. The proposed driveway to Lot#2 shall not exceed a maximum slope of 16.7%.
8. The amount of grading permitted under this permit shall consist of a maximum
240 cubic yards of cut and 100 cubic yards of fill.
9. Any geologic hazards associated with this 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.
10. All drainage swales shall have the cement colored to earth tones.
P.C. Resolution No. 96-41
Page 9 of 11
11. A note shall be placed on the approved grading plan that requires Director of
Planning, Building, and Code Enforcement approval of rough grading prior to
final clearance. The Director or a designated staff member shall inspect the
graded site for accuracy of pad elevations, created slope gradients, and pad
size. Further, the Director may require certification of any grading related
matter.
Prior to Issuance of a Grading Permit:
12. Prior to issuance of a Grading Permit, the applicant shall submit a revised
Grading Plan that reflects accurate elevations as determined by mean sea level.
13. Prior to issuance of a Grading Permit, the applicant 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 property owner will 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 will be based on the project's share of the
necessary improvements.
14. A drainage and erosion control plan and necessary support documents to
comply with the following requirements must be approved prior to issuance of
grading/building permits:
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.
Conduct all site drainage by non-erodible means.
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 grade.
C. Provide drainage facilities to protect the parcel from high velocity scouring
action.
D. Provide for contributory drainage form adjoining properties.
15. Prior to approval of the final map and issuance of grading/building permits, the
applicant shall obtain clearance for construction from the City Geologist and
shall submit a geology and/or soils report of the expansive properties of soils on
all building sites in the proposed subdivision. Such soils are defined by Building
Code Section 2904(b).
P.C. Resolution No. 96-41
Page 10 of 11
16. A preliminary soils report must be approved by the City Geologist prior to
issuance of Grading Permits and prior to final map approval.
17. Prior to issuance of Grading Permits and/or Building Permits, an erosion control
plan shall be approved by the Director of Planning, Building and Code
Enforcement.
Prior to a Final on the Grading Permit:
18. The applicant shall ensure that the fence located along the side (northerly)
property line does not exceed 42" high for the first 20'-0"from the intersection of
the side (northerly) property line and the front (westerly) property line.
19. Subject to review and approval by the Director of Planning, Building and Code
Enforcement, the applicant shall obtain approval of a Minor Exception Permit
and a Fence, Wall and Hedge Permit for a minimum 42" high guardrail atop the
proposed retaining wall along the side property line. The 42" high guardrail shall
be installed at any location where the distance from the top of the proposed
retaining wall to the driveway surface is 30" or greater. The guardrail shall be
made of an open material such as wrought iron. The guardrail shall be installed
prior to the issuance of a Final on the Grading Permit.
P.C. Resolution No. 96-41
N:\GROUP\PLANNING\RESOS\PC\TPM24297.PC Page 11 of 11