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RPVCCA_CC_SR_2015_02_17_H_Revised_Sewer_Easement_Deed_6847_Alta_VistaCITYOF Lbt MEMORANDUM RANCHO PALOS VERDES COMMUNITY DEVELOPMENT DEPARTMENT TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS FROM: JOEL ROJAS, COMMUNI E LOPMENT DIRECTOR DATE: FEBRUARY 17, 2015 SUBJECT: ACCEPTANCE OF A REVISED SEWER EASEMENT DEED THAT WOULD RECONFIGURE AN EXISTING SEWER LINE TO FACILITATE RESIDENTIAL IMPROVEMENTS IN THE REAR YARD OF 6847 ALTA VISTA (CASE NO. ZON2013-00494). REVIEWED: CAROLYNN PETRU, ACTING CITY MANAGE Project Manager: So Kim, Senior Planner */-" RECOMMENDATION 1) Rescind Resolution No. 2014-35, which accepted a sewer easement deed for additional easement area that would allow reconfiguration of an existing sewer line in the rear yard of 6847 Alta Vista. 2) Adopt Resolution No. 2015 — _, accepting a revised sewer easement deed for additional easement area to reconfigure an existing sewer line in the rear yard of 6847 Alta Vista. 3) Direct the City Clerk to record a Notice of Exemption and the subject sewer easement deed for 6847 Alta Vista with the Los Angeles County Recorder. BACKGROUND On January 17, 2014, the Director approved a Site Plan Review application, allowing the construction of a 310ft2 balcony to the rear of the residence with a 22ft2 enclosed storage area and fireplace underneath. Since these improvements were proposed over a portion of an existing sewer easement, a condition of approval was imposed, requiring the applicant to obtain the City Council's approval of the easement reconfiguration prior to building permit issuance. Since the City has ownership of the sewer easements and the actual sewer line running within the easement, while Los Angeles County is responsible for 30940 HAWTHORNE BLVD. / RANCHO PALOS VERDES, CA 90275-5391 PLANNING & CODE ENFORCEMENT DIVISION (310) 544-5228 / BUILDING & SAFETY DIVISION (310) 265-7800 / DEPT. FAX (310) 544-5293 u E-MAIL: PLANNING@RPVCOM / WWWH PALOSVERDES.COM/RPV the maintenance and repair of the sewer line, the applicant will need to obtain approvals from both the City and the County to realign the sewer line. The easement reconfiguration originally was designed with an "S" curve that was made up of two 90 degree turns, which caused concern on the part of both the Planning Division and the Public Works Department. Given the concerns, City Staff advised the applicant to obtain Los Angeles County's approval prior to presenting the grant deed for the reconfigured easement areas to the City Council. Despite Staff's concerns, the applicant insisted on securing an approval from the City Council prior to working with the County. Therefore, on June 3, 2014, the City Council reviewed the request and adopted Resolution No. 2014-35, accepting a sewer easement deed for additional easement area that would reconfigure an existing sewer line in the rear yard of 6847 Alta Vista. Since Staff continued to have concerns with the modified easement, Staff decided to not record the grant deed until the County's approval was obtained. In the process of obtaining the County's approval, as expected by Staff, there was a further modification to the configuration of the sewer line, which resulted in changes to the easement area approved by the Council in June 2014. The revised easement area is now parallel with the existing easement and only includes one 90 degree angle, rather than two. With the revised design, Staff's original concerns with the design have been addressed. As such, the revised easement area is being presented to the City Council for acceptance. SITE & PROJECT DESCRIPTION The subject property and the surrounding parcels were created as part of a Residential Planned Development (Tract No. 32673) in 1977. The subject property is Lot 17, located near the southwest corner of Tract 32673. At the time the tract was created, two separate 10' wide sanitary sewer easements were placed on the subject lot. One runs along the southerly side property line and the other is runs roughly parallel to the westerly property line along the entire width of the property, as shown in the diagram on the following page. The subject property is developed with a single-family residence. The applicant is proposing to reconfigure the existing sewer easement to realign the existing sewer line (see hatched area in the diagram above for the proposed easement area) to accommodate future improvements to the existing residence. The item before the Council this evening is to accept the additional needed easement area. Once the applicant completes the residential improvements and the construction of the realigned sewer line, the applicant will return to the City Council to vacate the portions of the existing sewer easement that will no longer be needed. Both the Los Angeles County Sewer Maintenance Division and the City's Public Works Department have reviewed and approved the proposed sewer line/easement reconfiguration at this time. Given both agencies' approval, Staff recommends that the City Council rescind the previous approval (Resolution No. 2014-35) and accept the revised easement deed, allowing the applicant to move forward with the sewer line reconfiguration H-2 process. No costs will be borne by the City's General Fund since the applicant is covering all costs related to this request. ADDITIONAL INFORMATION California Environmental Quality Act (CEQA) This easement acquisition is exempt, pursuant to CEQA guidelines Section 15305, Minor Alterations in Land Use Limitations. This Class 5 exemption consists of minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use or density. H-3 N WW17"E 197.09' 1U• a 25j91 -- GENTERLINC OF - lit '7 I ( r—..'—.–.-- - NUA1 '.i1"i dIL7E EASEMENT lY IX -)T 17 J TRACT No, 326,73 M.[1.875 30-02 111 �.� 9"'`.-� {G847 ALTA VISTA DRIVE) 7 r, � n FXISTING _ � r EASEMENT 11 I �I 4, sou rlEnsr —f + CORNER OF 17 POINT 0" I i N57"p4'3Q"E-: f7E0INN11FG f �— IRUL POIN1 01 PROPOSED NEW SANITARY SEWER EASEMENT IS€eGINNI,NG FISCAL IMPACT No costs will be borne by the City's General Fund since the applicant is covering all costs related to this request. ADDITIONAL INFORMATION California Environmental Quality Act (CEQA) This easement acquisition is exempt, pursuant to CEQA guidelines Section 15305, Minor Alterations in Land Use Limitations. This Class 5 exemption consists of minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use or density. H-3 ALTERNATIVES In addition to Staff's recommendation, the following alternatives are available for the City Council's consideration: Identify any issues of concern and continue the request to a future meeting to allow Staff and/or the applicant to provide additional information; or, 2. Do not accept the sewer easement deed from the property owner of 6847 Alta Vista; thereby denying the reconfiguration of the existing sewer line, thus prohibiting the applicant from constructing the related home improvement. ATTACHMENTS Resolution No. 2015 - Easement Deed Resolution No. 2014-35 M11 C.C. RESOLUTION NO. 2015- A RESOLUTION OF THE COUNCIL OF THE CITY OF RANCHO PALOS VERDES RESCINDING RESOLUTION NO. 2014-35 AND ACCEPTING A REVISED SEWER EASEMENT DEED THAT WOULD RECONFIGURE AN EXISTING SEWER LINE TO FACILITATE RESIDENTIAL IMPROVEMENTS IN THE REAR YARD OF 6847 ALTA VISTA (CASE NO. ZON2013-00494). WHEREAS, on January 17, 2014, the Director approved a Site Plan Review application, allowing the construction of a 310ft2 balcony to the rear of the residence with a 22ft2 enclosed storage area and fireplace underneath. These improvements were approved over a portion of an existing sewer easement. As such, a condition of approval was imposed upon the approval of the application that required the applicant to obtain the approval of the easement reconfiguration by the County of Los Angeles and the City Council prior to building permit issuance; and, WHEREAS, on June 3, 2014, the City Council adopted Resolution No. 2014-35; thereby accepting a sewer easement deed to provide additional easement area to reconfigure an existing sewer line in the rear yard of 6847 Alta Vista; and, WHEREAS, the County of Los Angeles rejected the original design of the revised sewer easement; and, WHEREAS, on January 16, 2015, the applicant submitted a revised easement deed, which is attached hereto as Exhibit "A" and incorporated herein by this reference; and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 et. seq. ("CEQA"), the State's CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et. seq., the City's Local CEQA Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and Substances Statement), the City of Rancho Palos Verdes determined that there this easement alteration is exempt, pursuant to CEQA guidelines Section 15305, Minor Alterations in Land Use Limitations. This Class 5 exemption consists of minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use or density; and, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1. The City Council hereby specifically finds that all of the facts set forth in the recitals of this Resolution are true and correct and hereby incorporates these facts into this Resolution by this reference. Section 2. City Council Resolution No. 2014-35 is hereby rescinded. C.C. Resolution No. 2015 -- Page 1 of 3 H-5 Section 3. The City Council hereby approves the revised location of the sewer easement, as depicted in Exhibit "A" hereto. Section 4. The City Manager or the Community Development Director of the City is hereby duly authorized to accept the above -referenced revised sewer easement deed and record it on behalf of the City. PASSED, APPROVED AND ADOPTED this 17th day of February 2015. Mayor Attest: City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VERDES ) I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2015- was duly and regularly passed and adopted by the said City Council at a regular meeting held on February 17, 2015. City Clerk C.C. Resolution No. 2015 -_ Page 2 of 3 H-6 Exhibit "A": Easement Deed C.C. Resolution No. 2015 -- Page 3 of 3 H-7 Recording Requested by: When Recorded Mail to: City Clerk City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 EASEMENT DEED For valuable consideration, receipt of which is hereby acknowledged, Frank S.P. Yang and Sandy Wen -Pei Yang, as Co -Trustees of the Yang Living Trust, established April 16, 2012 do(es) hereby grant to The City of Rancho Palos Verdes, a Municipal Corporation a perpetual easement and right-of-way for, and the right to construct, operate, maintain, repair and use, or to reconstruct, a SANITARY SEWER AND RELATED APPURTENANCES, under and across that certain real property situated in the City of Rancho Palos Verdes, County of Los Angeles, State of California, and more particularly described as follows: SEE EXHIBITS "A & B" ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE Together with the right to enter upon and to pass and repass over and along said easement and right-of- way and to deposit tools, implements and other materials thereon, by said Grantee, its officers, agents and employees and by any contractor, his agents and employees, engaged by said Grantee, whenever and wherever necessary for the purposes above set forth. Dated this _ day of (All signatures must be notarized) 2014 Sign:__ Print: Owner's Address: Sign:. Print: ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ON BEFORE ME, A NOTARY PUBLIC, PERSONALLY APPEARED, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the persons(s) acted, executed the instrument. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND AND OFFICIAL SEAL. SIGNATURE This acknowledgment is attached to the following document: Title of Document: Number of Pages: Dated: H-9 EXHIBIT "A" BEING A PORTION OF LOT 17, TRACT NO. 32673, IN THE CITY OF RANCHO PALOS VERDES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 875, PAGES 60 THROUGH 62, INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THE CENTERLINE OF A TEN (10) FOOT STRIP OF LAND DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 17; THENCE SOUTHWESTERLY ALONG THE SOUTHEASTERLY LINE OF SAID LOT 17 A DISTANCE OF 203.00 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE NORTH 21 DEGREES 53 MINUTES 00 SECONDS WEST A DISTANCE OF 105.13 FEET; TO A POINT THAT IS DISTANT 5.00 FEET FROM THE NORTHERLY LINE OF SAID LOT 17; THENCE NORTH 66 DEGREES 39 MINUTES 17 SECONDS EAST, PARALLEL TO THE NORTHERLY LINE OF SAID LOT 17, A DISTANCE OF 25.00 FEET. THE SIDELINES OF SAID TEN (10) FOOT STRIP TO BE LENGTHENED OR SHORTENED TO TERMINATE WITH THE SOUTHERLY LINE OF SAID LOT 17. H-10 �AIIHG ViSIA di -lb .06' _71 ZO CO Ell —ILlj Lf co Z tu Ud CO tu 0) ww z 7--'�7--- LU co Lu 0 Q� 0 H-11 Lu< LU -D C)af 0 LUQLu LU co Lu 0 Q� 0 H-11 RESOLUTION NO. 2014-35 A RESOLUTION OF THE COUNCIL OF THE CITY OF RANCHO PALOS VERDES ACCEPTING A SEWER EASEMENT DEED FOR ADDITIONAL AREA TO RECONFIGURE AN EXISTING SEWER LINE IN THE REAR YARD OF 6847 ALTA VISTA (CASE NO. ZON2013- 00494). WHEREAS, on January 17, 2014, the Director approved a Site Plan Review application, allowing the construction of a 310ft2 balcony to the rear of the residence with a 22ft2 enclosed storage area and fireplace underneath. These improvements were approved over a portion of an existing sewer easement. As such, a condition of approval was tied to the application, requiring the applicant to obtain the City Council's approval of the easement reconfiguration prior to building permit issuance; and, WHEREAS, the applicant drafted an easement deed, which is attached hereto as Exhibit "A" and incorporated herein by this reference; and, WHEREAS, on May 1, 2014 a public notice was inadvertently published in the Peninsula News on May 20, 2014 for the proposed easement reconfiguration. This item was not ready for discussion at that time and thus removed from the agenda at Staff's request; and, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1. The City Council hereby specifically finds that all of the facts set forth in the recitals of this Resolution are true and correct and hereby incorporates these facts into this Resolution by this reference. Section 2. The City Manager or the Community Development Director of the City are hereby duly authorized to accept the above -referenced easement agreement and record it on behalf of the City by executing Exhibit "A." PASSED, APPROVED AND ADOPTED this 3rd day of June 2014. Mayor Attes G City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VERDES ) I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2014-35 was duly and regularly passed and adopted b e said City Council at a regular meeting held on June 3, 2014. City Clerk Resolution No. 2014-35 Page 1 of 1 H-12 Recording Requested by: When Recorded Mail to: City Clerk City of Rancho Palos Verdes 30940 Hawthorne Blvd, Rancho Palos Verdes, CA 90275 EASEMENT DEED For valuable consideration, receipt of which is hereby acknowledged, Frank S.A. Yang and Sandy Wen -Pei Yang, as Co -Trustees of the Yang Living Trust, established April 16, 2012 do(es) hereby grant to The City of Rancho Palos Verdes, a Municipal Corporation a perpetual easement and right-of-way for, and the right to construct, operate, maintain, repair and use, or to reconstruct, a SANITARY SEWER AND RELATED APPURTENANCES, under and across that certain real property situated in the City of Rancho Palos Verdes, County of Los Angeles, State of California, and more particularly described as follows: SEE EXHIBITS "A & B" ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE Together with the right to enter upon and to pass and repass over and along said easement and right-of- way and to deposit tools, implements and other materials thereon, by said Grantee, its officers, agents and employees and by any contractor, his agents and employees, engaged by said Grantee, whenever and wherever necessary for the purposes above set forth. Dated this day of 2014 (All signatures must be notarized) Owner's Address: Sign:_ Print: Sign:, Print: Resolution No. 2014-35 Exhibit A Page 1 of 4 H-13 ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ON BEFORE ME, A NOTARY PUBLIC, PERSONALLY APPEARED who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the persons(s) acted, executed the instrument. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND AND OFFICIAL SEAL, SIGNATURE This acknowledgment is attached to the following document: Title of Document: Number of Pages: Dated: Resolution No. 2014-35 Exhibit A Page 2 of 4 H-14 EXHIBIT "A" Being a portion of Lot 17, Tract No. 32673, in the City of Rancho Palos Verdes, County of Los Angeles, State of California, as per Map recorded in Book 875, Pages 60 through 62, inclusive of Maps, in the office of the County Recorder of sa id County; the Centerline of a ten (10) foot strip of land described as follows; Beginning at the Southeasterly corner of said Lot 17; thence Southwesterly along the Southeasterly line of said Lot 17 a distance of 201.33 feet to the Point of Beginning; thence North 23 Degrees 21 Minutes 20 Seconds West a distance of 42.00 feet; thence North 66 Degrees 39 Minutes 00 Seconds East a distance of 14.00 feet. The sidelines of said ten (10) foot strip to be lengthened or shortened to terminate with the Southerly line of said Lot 17. 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