RPVCCA_CC_SR_2014_03_04_H_Final_Vesting_Parcel_Map_69928CITY OF RANCHO PALOS VERDES
MEMORANDUM
TO: HONORABLE MAYOR & CITY OUNCIL MEMBERS
FROM: JOEL ROJAS, COMM EVELOPMENT DIRECTOR
DATE: MARCH 4, 2014
SUBJECT: FINAL VESTING PARC L MAP NO. 69928 (Applicant:
Dana Ireland; Location: 32639 Nantasket Drive)
REVIEWED: CAROLYN PETRU, ACTING CITY M~~E~
Project Manager: Eduardo Schonborn, AICP, Senior Planne~
RECOMMENDATION
Staff recommends that the City Council:
1. Adopt Resolution No. 2014-_, vacating the unused easement for street and
public access purposes that traverse the property;
2. Authorize the Mayor and City Clerk to execute a Subdivision Improvement
Agreement; and,
3. Approve Final Vesting Parcel Map No. 69928.
BACKGROUND
In 2010, the applicant (Mr. Dana Ireland), received City Council approval of a General
Plan Amendment, Coastal Specific Plan Amendment, Zone Change, Vesting Parcel
Map, Variance, Grading Permit, Height Variations, and Coastal Permit. The approval
included a change in the General Plan Land Use Designation of the subject property
from Commercial to Residential; a change in the Zoning of the property from CR
(Commercial Recreational) to RS-3 (Single-Family Residential); allowed the subdivision
of a 1.42-acre parcel into 4 residential lots; and, development of four single-family
residences on Nantasket Drive between Seacove and Beachview Drives.
On August 6, 2013, the City Council accepted via Minute Order, the parkland dedication
(Quimby) fee for Final Vesting Parcel Map No. 69929, pursuant to the City's parkland
dedication fee formula in the amount of $57,276.18. In accordance with the project's
conditions of approval, the fee will be submitted to the City prior to the recordation of the
Final Map with the Los Angeles County Recorder's Office.
H-1
MEMORANDUM: Final Vesting Parcel Map
March 4, 2014
Page 2
Subsequently, on August 19, 2013, the applicant submitted a Final Parcel Map
application to the Community Development Department for approval. The approval of
the Final Map is contingent on the applicant demonstrating that all Conditions of
Approval of the Vesting Tentative Parcel Map and requirements of the Rancho Palos
Verdes Municipal Code (RPVMC) have been met. As such, the applicant must pay the
parkland dedication (Quimby) in-lieu fee, as well as file and execute a Subdivision
Improvement Agreement and a Golf Ball Hold Harmless Agreement, and pay all
applicable costs relating to processing the abandonment of the easements on the
property, in order for the City to authorize the recordation of the Final Map to allow the
recordation of Vesting Final Parcel Map No. 69929.
CEQA CONSIDERATIONS
The actions being considered today, including summary vacation of street and public
access easements, approval of a subdivision improvement agreement, and approval of
a final map, have already been reviewed and studied by the City as part of the Mitigated
Negative Declaration for the Nantasket Project, which was approved by City Council
Resolution 2010-08, and found that the project environmental impacts, as mitigated,
were reduced to a less than significant level. Staff has included a copy of the Mitigated
Negative Declaration with this staff report and recommends that the City Council
consider and review the information in the Mitigated Negative Declaration in making its
decision on these requests.
CODE CONSIDERATION AND ANALYSIS
Summary Vacation of Street and Public Access Easements
As part of the processing of the subject development applications in 2010 as described
earlier, a condition of approval was imposed on the applications requiring that existing
unused street and public access easements (the "Easements") running along the
northern side property line, of the northern-most lot (Lot 1 ), be vacated prior to Final
Map recordation. Vacation of the easement is required to allow development of Lot 1.
In accordance with Section 65402 of the California Government Code and Section 8313
of the California Streets and Highways Code, prior to the City Council vacating the
unused Easements, the Planning Commission must find that the City's vacation of the
unused easements is consistent with the General Plan. The Planning Commission
adopted a General Plan Consistency Finding on February 25, 2014. In summary, the
Planning Commission found that the existing unused easements are not required for
public utilities, communications services, roads, trails or paths, and eliminating these
easements would not obstruct the General Plan's Infrastructure Goal; the purpose for
the original easements no longer exists; and, abandonment of the easements for future
street and public access would be consistent with the conditions of approval of the
project approved by the City Council in 2010 and would continue to allow for the
ultimate development of the newly created residential lot. Lastly, the Planning
H-2
MEMORANDUM: Final Vesting Parcel Map
March 4, 2014
Page 3
Commission found that the public access easement on the subject property is not
necessary since public access is already afforded by the existing trails in the area, and
vacating said easement would not result in any negative impacts to public access.
Thus, in adopting the attached the attached Resolution (P.C. Resolution No. 2014-11),
the Planning Commission also found that the easement is not useful as a non-motorized
transportation facility.
Section 8331 of the California Streets and Highways Code authorizes the City to
summarily vacate a street easement if the street or highway has been impassible for
vehicular traffic for a period of five consecutive years and no public funds have been
expended for maintenance on the street during such period. Further, Section 8334 of
California Street and Highways Code authorizes the City Council to summarily vacate a
public service easement that has not been used for the purpose for which it was
dedicated or acquired for five consecutive years immediately preceding the proposed
vacation. The public access easement qualifies as a public service easement for
purposes of summary vacation (Street and Highways Code § 8306).
Here, the Easements have never been used for street or highway purposes, and have
not been used for public access purposes for a period in excess of the past five
consecutive years. Further, based on City records, no public moneys have been
expended for maintenance of the Easements. Staff checked with the utility companies
that provide service in the City, and confirmed that no public service facility has been
installed in the Easements, and thus there are no in-place public utility facilities that are
in use or would be affected by the vacation. For those reasons, and because the
Easements are excess easements not needed by the City for any other purpose, the
City Council may approve the summary vacation.
Subdivision Improvement Agreement
According to Section 16.20.140 of the RPVMC, the City Attorney prepared a
Subdivision Improvement Agreement that specifies the improvements to be constructed
and the period within which the improvement work shall be completed by the applicant.
Furthermore, in the event the applicant fails to construct the improvements within the
established time period, the Agreement specifies remedies within which the City can
complete the improvement work and recover all costs and expenses from the applicant
through the establishment of surety bonds. Staff will ensure that these bonds are
established prior to recordation of the Final Map with the County Recorder's Office.
The applicant has advised Staff in writing that he agrees to the terms set forth in the
document. A copy of the Agreement is attached to this Report for the Council's review.
If the Council finds the terms and conditions to be acceptable, Staff recommends that
the City Council authorize execution of the Agreement by the Mayor prior to recordation
of the Final Map with the County Recorder's Office.
H-3
MEMORANDUM: Final Vesting Parcel Map
March 4, 2014
Page4
Golf Ball Hold Harmless Agreement
As another condition of approval, the applicant was required to execute a Golf Ball Hold
Harmless Agreement, which will be signed by the Mayor. The City Attorney prepared
the Golf Ball Hold Harmless Agreement, and the applicant and Staff are in the process
of executing that agreement. The Golf Ball Hold Harmless Agreement will be signed by
the Mayor and recorded against the property prior to recordation of the Final Map, as
described below.
ADDITIONAL INFORMATION
It is important to note that this item contains four distinct components that must be
completed in a certain order prior to recordation of the Final Map with the County
Recorder'-s Office. Once the City Council approves that Final Map, the following steps
will be completed in the following order, with numbers 1-4 performed on dates prior to
the date the final map is recorded:
1. The applicant will submit QUIMBY fee payment to the City;
2. Staff will have the golf ball hold harmless agreement recorded;
3. Staff will have a certified copy of the resolution of vacation recorded;
4. Staff will have the subdivision improvement agreement recorded; and,
5. Staff will have the Final Vesting Parcel Map No. 69929 recorded.
CONCLUSION
Based upon the above discussion, Staff recommends that the City Council: 1) Adopt
Resolution No. 2014-_, vacating the unused easement for street and public access
purposes that traverse the property; 2) Authorize the Mayor to execute a Subdivision
Improvement Agreement; and, 3) Approve the Final Vesting Parcel Map No. 69928.
ALTERNATIVES
In addition to Staff's recommendation, the following alternative is available to the City
Council:
1. Identify changes to the Subdivision Improvement Agreement, and direct Staff to
modify the Agreement for consideration at a future meeting
Attachments
• Resolution No. 2014-_, vacating the easements for street and public access
purposes that traverse the property
• Subdivision Improvement Agreement
• P.C. Resolution No. 2014-11, finding the City's vacation of the easement to be
consistent with the General Plan
• Resolution 2010-08, Mitigated Negative Declaration
H-4
RESOLUTION No. 2014-_,
VACATING THE EASEMENTS FOR STREET AND PUBLIC
ACCESS PURPOSES THAT TRAVERSE THE PROPERTY
H-5
RESOLUTION NO. __
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES SUMMARILY VACATING
EASEMENTS FOR PUBLIC STREET, PUBLIC ACCESS, AND
PUBLIC SERVICE PURPOSES LOCATED ON THE NORTHERN
SIDE OF A VACANT PARCEL LOCATED AT THE WEST SIDE
OF NANTASKET DRIVE, BETWEEN BEACHVIEW DRIVE AND
SEACOVE DRIVE (APN: 7573-014-013)
RECITALS
WHEREAS, at a public hearing held on February 2, 2010, the City Council
adopted Resolution No. 2010-09, approving Case Nos. SUB2008-00001 and ZON2008-
0007 4 thru -00078, for a General Plan Land Use change from Commercial Recreational
(CR) to Single-Family. Residential, two-to-four dwelling units per acre; a Zone Change
from CR to RS-3; a Parcel Map, subdividing a 1.42-acre lot into four single-family
residential lots; a Variance to allow lot depths of 93-feet instead of 110-feet; Height
Variations to allow the new single-family residences on Lots 3 and 4 to exceed the 16-foot
height limits; and allow a total of 4,028 cubic yards of grading to accommodate the
construction of single-family residences on the four new lots (collectively, the "Nantasket
Project") on the property located at the west side of Nantasket Drive, between Beachview
Drive & Seacove Drive (APN: 7573-014-013) (the "Property"); and,
WHEREAS, on September 21, 2010, the City Council approved Case Nos.
SUB2008-00001 and ZON2008-00074 thru -00078, as amended by the California Coastal
Commission; and,
WHEREAS, as a condition of approval of the project, Condition 15 required
abandonment of the City of Rancho Palos Verdes's thirty-foot wide street easement
(intended for a future extension of Beachview Drive) and public access easement, located
on the northern side of the Property, as described and depicted on Parcel Map No.
12715, recorded in the County of Los Angeles Recorder's Office in Book 131 pages 83
and 84 of Parcel Maps and attached hereto as Exhibit A and incorporated by this
reference, and further described in that certain Partnership Grant Deed executed August
31, 1980, and recorded in the County of Los Angeles Recorder's Office as Document 80-
906950 of Official Records, and attached hereto as Exhibit B and incorporated by this
reference (together, the "Easements"); and,
WHEREAS, Condition 15 requires that abandonment of the Easements must be
completed prior to recordation of the Final Parcel Map; and
WHEREAS, the City rejected the dedication of the future street easement but until
it is vacated or otherwise terminated in compliance with state law, the dedication remains
an open offer and the City could accept the dedication; and
WHEREAS, the City accepted the dedication of the public access easement,
which meets the definition of public service easement pursuant to Section 8306 of
California Street and Highways Code, and
H-6
WHEREAS, Section 8331 of the California Streets and Highways Code authorizes
the City to summarily vacate a street easement if the street or highway has been
impassible for vehicular traffic for a period of five consecutive years and no public funds
have been expended for maintenance on the street during such period; and
WHEREAS, Section 8334 of California Street and Highways Code authorizes the
City Council to summarily vacate a public service easement that has not been used for
the purpose for which it was dedicated or acquired for five consecutive years immediately
preceding the proposed vacation; and
WHEREAS, the Easements have never been used for street or highway purposes,
and have not been used for public access purposes for a period in excess of five
consecutive years immediately preceding adoption of this Resolution; and
WHEREAS, no public moneys have been expended for maintenance of the
Easements; and
WHEREAS, no public service facility has been installed in the Easements, and
thus there are no in-place public utility facilities that are in use or would be affected by the
vacation; and
WHEREAS, the public access easement is determined to be an excess easement
and not needed or required by the City; and
WHEREAS, the Easements are not useful as a nonmotorized transportation
facility, a finding required by Section 892 of the California Streets & Highways Code prior
to vacation of the rights-of-way; and
WHEREAS, the right-of-way granted by the Easements is not needed for any
other purposes; and
WHEREAS, on February 25,·2014, the Planning Commission determined that
summary vacation of the Easements was in conformity and consistent with the Rancho
Palos Verdes General Plan in accordance with Section 65402 of the California
Government Code and Section 8313 of the California Streets and Highways Code; 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 reviewed and studied the
abandonment and vacation of the street easement and public access easement as part of
the Mitigated Negative Declaration for the Nantasket Project, which was approved by City
Council Resolution 2010-08, and found that the project environmental impacts, as
mitigated, were reduced to a less than significant level, and the City Council has
independently considered and reviewed the information in the Mitigated Negative
Declaration in making its decision on this request; and,
H-7
WHEREAS, the custodian of records for all materials that constitute the record of
proceeding upon which this decision is based is the Community Development Director,
and those documents are available for public review in the Community Development
Department located at the City of Rancho Palos Verdes City Hall, 30940 Hawthorne Blvd.,
Rancho Palos Verdes, California 90275.
NOW THEREFORE, the City Council of the City of Rancho Palos Verdes does hereby
resolve as follows:
Section 1. The City Council finds that the facts set forth in the Recitals of this
Resolution are true and correct.
Section 2. The City of Rancho Palos Verdes hereby summarily vacates the
Easem~nts pursuant to Chapter 4 of Part 3 of Division 9 of the California Streets and
Highways Code.
Section 3. From and after the date of recordation of this Resolution, the
Easements vacated hereby shall no longer constitute a public street or public service
easement.
Section 4. The City Clerk shall:
(a) Certify to the adoption of this Resolution, attested under seal;
(b) Cause a certified copy of this Resolution to be recorded in the office of the
Recorder of the County of Los Angeles in accordance with the provisions of Section 8336
of the California Streets and Highways Code; and
(c) Within fifteen (15) days of the adoption of this Resolution give written
notice of the vacation to any local agency requesting such notice pursuant to the
applicable law.
PASSED, APPROVED and ADOPTED this __ day of ______ _
2014 by the following called vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Mayor
ATTEST:
Carla Morreale, City Clerk
H-8
State of California )
County of Los Angeles ) ss
Cit of Rancho Palos Verdes )
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, California,
hereby certify that the foregoing Resolution No. __ was duly and regularly passed and
adopted by the said City Council at a regular meeting thereof held on , 2014.
City Clerk
H-9
EXHIBIT A
Parcel Map No. 12715
(2 pages)
H-10
J31/?;3
SCALE I " = 100' SHEET I OF 2 SHEETS
.. -~ ;w;tt<qz
3a-r5 b-'6~3-. PARCEL MAP No.127~5
!N THE CITY OF RANCHO PALOS VERDES Fl LE()
CFl'lTm':YtirO:.s L "Tl>.
STATE OF CALIFORNIA
BEING A suaol'Jfs10N OF LOT 12 OF TRACT NO. 30339 ~
PER MAP REtcJl:iOfo IN BOOK 746, PAGES 95 TO SB INCLUSIVE, OF
MAPS, RECORDS OF LOS ANGELES COUNTY.
J.1 •nn SEP t 7 19M ,,,.,. If f.f(I.
Q~)i'fiR 1 S CF.RT!FICATE
W6 HEREBY CERTIFY THAT WE ARE '!HE OWNERS OP OR ARE INTERES'fED IN nil!: t.AND'S
m::LUDED wrrnm nm SUBDMSION SHOWN ox nus W\P WnHlN 'll£ DISJ:INCTIVE
:BORDa LlNES, A:\'O WE Cl:X':sENT to lHf. PREPARATICN AND FILING OF SAID NAP A~
SJ.BDMSION. WE HEREBY DFDICATE 10 nm CJ'N' or 1WOIO PAI.00: VERDES 1HE RIGfrr
'IO RESl'RICl' UtE ERECTION OP BUILDINGS OR arnm STRttmms wrmrn 1HDSE AREAS
DP.SfGNATiiD ON 1HE ~~ AS FLOOD HAZAAl> AREAS. WE HEREBV OFFER RJR PUBLIC
USE
STREET'
SXCliPr
WTilfIN
'I'HE EA!BIE!NTS HEREIN OFFERED RJR DEDICATION 'IO 1'HE PUii.IC. OTHER nlAN
PUBLICLY OWNED Kl\TER LINES, SI:NER.S, OR STORM DRAINS, 1HAT tm \'IIU. £iRANI' NJ
RIGIT OR IN11mESI' WrmIN nm llCUllARIES OF SA.ID J?ASe.ENrs OFFERED 10 nm
PUBLIC, EXCEPT WIER£ SllO! RIGHT CR l!llERJlSr 15 EXPRESSLY K"1E &IBJECT 10 nm SA.m EASEMENTS.
twrfA-BARB.ERA MlRINELAND, A PAR!NERSITTP, (a.«ER)
Bf: Mi\RINEU.\'.D H.B. INC., A CORKJRA.TJCP.:, PARfNSR
CFPV ;.s.9XJAT'.ES L'ID., A PAR.THERSHIP, IN1'ERES1' fDLOat BY PllR!llASE
~ RECORDFD AUllJS'T 22, 1979 AS INST'Rl.t-!E?tt NO. 79·935943 CF OFPICl.\J.
REOOIUJS.
m·: l.A.'Dt-\RK IDNllNITtES, JXC., A CORPORl\TIO.':, GENF.IW. Pi\Rl'NF.R
.. OOOK .13.I
,,,_ l!.~ .. --·--
..... l'i'.ltt41.U\P!I
U::S AMi~Lt-.,..,o.;,1'fl', CflL!ll.
111£$ >IAP WAS PRCP.\Rf:O BY ~It! OR UMOER l>IY DIRJiCTION A"-'ll \\",\.<; <nlPJl.tlJ Fl~
RECORD DA.TA IN CD."~~ t'IIW n1e RF.QIJJRl.NE'ifS Ol' ~ StmD!VlSJ():\! ).IAJ>
ACr ,\\1) t.OCAJ. OR(IINANCE At WH ll£Ql.IESr Of CFM! 1\.%0l:!;\Tf:S 1:ru. O:li A~~usr.
1930. 1 lff:Pr:RY srATli TIIAT 1111S PARCl:J. mp stlltST,\'fJ'l1\U.Y (l'tSR)R\IS 1ff"tTih-
. .llJ'PR0\0En OR CO~lTIONAJ,J.Y APPROVl'J) ·n:~fATI\IH ~\I', ff 1\\'Y.
l!;.\1'U$.SJl?i •• 111111 "''"•'Y ... ~i. •• ~ ..... ..i o~ ..
N•i..•-l.opo,...Jdl.U,19r.I -4"~1~ It.alb"-. .... _.,._
/1,_L. I . ~'g~·
111E SJC~WRl:S OP OCEANAIUl.t4 lNC •• J'llUlSllN't {).).1ikS OF AU. Oil., Ml\CR/11$,
Q.5 t\.'\1l Ollll!K ll'tOOCCNUJON SUl!ST,\~1:5, l'f:R ll:"f.P Rf.t.X)!Ull-JI IN JICXlK U718 •
PAGE 1 oi: OfFICll\L RimRDS, ~ oi: I.OS ,\NUl!U:S (!'(l:\"IY, ll/\VF. m:r:N
Cl\lrtTEU ~llER 11U: PROVISIC»S oi: !i"F.C'rJO.~ 66436, SIJttSl:(~\'IOX k}(ll 01' 'Jlll!
9.JBDI;VJSTO.\! MAP /Cl',
PORTIONS OF PARCEL I IN AND
ADJACENT TO NATURAL DRAINAGE
COURSES ARE SUBJECT lO FLOOD
HAZARD.
H-11
\..
.°\,;
SCALE I"• JOd
PARCEL MAP N0.1271!5
JN THE CITY OF RANCHO PALOS VERDES
STATE OF CALIFORNIA
J:>l:l~O A 'i!>Ue.DIVl'CION OF L.OT" l'a Of' -rRACr N°· &>~ A~
PER tJIAP RECo=e:o IN BOOK 140>, P~ SSTO 8e.
INCl...JJSIVE:, OP Mf.>.S=JS, Ri!CORO~ OF LO'iO A.NC.~. COUNT'(
COUNTY ENGINEER'S CERTIF!Cl\TE
SHEET Z OF Z SHEETS
FILED. WITH LUS A!IGElES
REGIS1AAt ~6ftDER
SEf 17 1980
llilS MAP CONFORMS WITH lH£ REQUIREMENTS OF. JHlt
SUBDIVISION MAPAm". ~~t;_ ~TE SEP 1719!.~ BY-~ ...wi
DEPUTY ~A~e~Rc;~IFYATT~T M°i:·n~ 14cii~~.AJ:bi1~~~;~o~~~E
cn'Y ENOINEER'.S CERtlflCATi
nus MAP' CONFORM$ wrrn THE REQUIREMElffS OF. =~§tr.r.w~ .... &~Jv~~4"'"'"
1:0\EMAR W. JElllllll$
llEPUlY
AiTAC~eo W.AP. THAT T~e PLIE5l..l c. ,qcce% E.~B"Me-NT AND
·THC OFFt:R OPTHe R.\QHT 1"0 ReTR.ICT THe e:Re.<;"("\ON ~ Bl.JIL\:llN'-4'3 OR
Oil-\'E:.R. '5rRIJCN~ ee ANO \He~~ l"ISRCe:N ACCE:Pie.C ON. ~'C:\-IA.LF or
~ PU~L.\C, THA.i\H'C: N~St'Re:Er ~'i1Q'.HN ON 'QAJO ~ANO Hl:Rl:IN.
~15:0 FOR t:cD\CA.\\ON Bl::-"'NC"t'H.t::SP.,,tl\t!; \~ \.\\::;~ Re;..ls::;rE::O.
PORTiONS OF PARCEL I IN AND ADJACENT TO NATURAL
DRAINAGE COURSES ARE SUBJECT lO FLOOD HAZARD.
3o' WtlJE: Ei"A5!EMJ;NT" To mi= t'rrv ,_,, 1'~1111!.fl .. 1
PALl!s Vf!i"l!5>€'5 F"•R BISLll!. A<!.l!~:S":S" T--w2R>.s"6S) ........ \,
\ ..
~L"'i'. LINE:OF<OO'W\DCeA.~Ni ~ PUel.lC "8\ICU\..AR J!i..N~. \
~~:~~~~~~~ ···.--...
oF'TR.UST" REC;ORDe:O 'O-.e'l-ef1!).AS:i IN~tl'le'IT NO ·:
1!!>-11'1:'2es\ CR ;
i j/
N'l.'t'.LIN~Of=' \.OT 12,T~tf'~l ••
PCR. l"'li!>.140./es-e.e. f ... )
..... :# ......
/ ·~ •. ~~ l~ANO~"'""'PIJR~OFPA\..a=. / \ ~N'LY UNl:-CFCOO"WllJ<:l:A'=8/IENTFORPl.le!UC 'l'Cl-\ICUl..PRANO
; ~ FENIN'OU\.A UNIFICD $Cl40Cl. OISTRICT PER oeo Cl"
i 1RU'51"RCCOROEO IO-l!l-101!!lA~\~1<"1~Hl'22eS\CR.
L.E.CENO
.,,,-
H-12
EXHIBIT B
PARTNERSHIP GRANT DEED
(3 pages)
H-13
-----~--------------
~= ;t;
• w_; • -Ci::>MMfM MOUatcD 8'f' -
--··= ·=----
r-Kadison.P!~ml%8%,'N-:>oda~d~ .,
= Qu!nn ;. Rossi
BD: 90o&no
• ..
·--7G7 ~il~hire Blvd.~ 4ih;h Floo
:.:._~:-t.cs An9olea, Cali£. 90017
--::·_~LAtt.··u .\...,thc;my :J.. !l.o!Jni.., Es<w
-----
l
•
---
·-. ... ! ..
r
_J --------------...:;.,----ACS AllCft'I: 1'H'9 l.nCI[ ro. ~ ue.c---Partnerahlp Grant Deed
.......
n.r 11~dsr~d~..n(d:
Doc.iir~;;Uf} u.u=.:~ Lu: is s, _ _,.5::J!ll=fl.;;;._ _____ _
h:r;•mpei~ c:>111 fvll .-a.i-or ptop:n)' ~.""
t I cw:1siv1r:ti ntl Ml .. ~ la.'f. -.alHfllUcf:t' &Dd ~ 1~ Ill ci.,..·-oflo&le.
C I limfK"GfP'-'01\'d atta· l )Q CitJ d Ra.nr;;.hsi fAl o• Ytrd.ct , ud
FOR A VALUABLE CON~IDER.1mo.-c, ~ d ~ b hmbt Kt-~.
CPPV ASSOCL\':2.S LTD.
a limit.ad pui:tle11.llrpq&mu:0~tlicl:.W11Gt'dac$UWGl' California
h~, ~b1 OR.A.,..TS ~
CIT't OP RANCHO PA.LOS VERil!:S
lM roiio..iati dcicribtd real ~1 tD the
Co11n1 1 ot LC.s A.."l.geles • ~ah:-alC11'foml.:i.,
An easetnent 4Cross that certain real property descr!boed in Exhibit
•A• ~ttachad hereto and m&de a part hereof~ for the purposes of
extendln~ aeach~icw Prive !or public acce•• and/or :aDd purposes:
aes~RVING, however, unto crantor and its aucee••or• ift intere•t,
a license for Grantor and tta succeaaors in i.~tert1:st t.o use and
occupy 53id rea~ pxoperty for the pu?'P')aea a~thorized by Conditional
Use Permit No. 62 issued by the City ot Rancho Palos Vardaa until
such time as Grantee shall record a notice revoking •aid licenae.
Dt.trd~ •. '
S,T A TE. O!' CA.UfOltN ti\ l
OOVN1YOJ' --• ---- -_f rs.
On··--~ --------bd'inml,llilc ... ,.
~. a t4corr PuN.e ill 111!5 ror ·~ Jao1t, l"ftlilUlly .,,.,...
~ ~---~--.. --...... -----... __ .. _.._
--------- ---..... -+ -------
t-. to -"' ... • .• -" ~ - . ol 11111 ~ ot ..
pwWl1Mp ~ 5*11~ UN ~ 1m1.,,,_i. ud """°""l!Lql4
f4 -llllol _,. P""-'thill ••~ "'* -·
Wrtlll ESS mr Mild llld afl!cillt •II.
I
I
H-14
., ....... . ....._._.. .............. ---
f ' Cl'· CO-'-
.. ...
.. .. .:;
... i:
.. !.
"' ..
~ . .
" .. "
,,. ,
:i:.
5
~
v:I
-Ii .....
" tT
~
~
0
t-l
~ ...
i
J .. zlr· i .. :igrl~ i
i few; ... "Ii ~J:'''') i 5i 1 ~!1 r
t ' t tJJl
•
••• Ill ,·: ; !
H-15
EXMIBl.T' '"A•
DESCn.tPTION:. "'t'H.E I..JWt> RSF.EllR£0 TO HE.RE!N IS SITUJ\T.ED IN
LOS ANGEL£S COUNTY .. STATE or CAt.IFO~IA. A.'W IS D£SC.RIBED
AS FOLLOWS:
THE :E.AS'i'EKLY 9'1 .FEET 4 INCHES OP' LOT l:i? OP T?.ACT J."ll. 303l9.,
IN THE COtl:t..""?'t OP' LOS A..~CE!?ZS .. S'I'A':"E Of CALIPOP.!UA" lt.S PER 0 HAP PIU!O IN BOOK 7-16,, P.t'\C&S SS TO 88 Of' KA.PS, IN THE OF.Fle&
OF THE. COUNTY RECCHU>E.R OF SAID COUNTY.
THE. WESTERLY LINE OF SAID EASTERLY 91 FEET 4 INCHES l.S TO
BC CO?:S'?RUC'!f:D PAP.A!.t.E:t. rum/o:r. CONC:Cr:'RIC MlTH THE EASTERLY
LINE OP SAto LOT 12.
E.XC:EPT PRO~ THA.T PORTION OF SAID l'...rum L'!t:tG lfI"I'HIN THE LINES
1
Of 'tJU: LAND DESCRlOE:t> I'N TH& DEEG TO OCl:!ANARl.UH INC .. ~ RECOR.OED
:i".11.Y 14,. 1g53 IU OOOJ:: 41718 PAGE l OF OFFICIAL !{£COiUlS~ TIU:
1h'TEREST IN ALL OlL .. GAS., HYDROCARBON A.'t.fD PETBOU:llK SUBSTA.~CES
N.m Hl?rEAALS I~,, t..-SD&R .. 11.ND UPON SAlD IJUfD. A.-ID ALL R!GW15 Or -
O'if'SEFtSHl.? !'!'i ShID on., t:AS,. }{'iDROCAJlBON AND P.BT~OL£tu4 SUSSTAHC&S
AND KINEAALSr WHICH liAS RESERVED lN DEED PROM PM.OS VERDES
COR?OAATl.cm,. A O&LA'WA~ CORPOAA"l'l:ONI' JU!C'OtwSD MAY 14" 1953
1tl BOOK -41719 PAGE l OP OF'FICtAL RECORDS, li'HICH P'f!:OVlD£S
THAT CAANT(.lR• .ITS SUCCESSORS M"O ASStQIS SJULL Not BE Etn"1TL;:.l
TO E.t~TER UPON ':'Hf! .StlRFA..... ... -· ~t:Y OF' SAtO. RE.-..r.. PROPE:RTr • HOP..
UPON OR THROUGH A."{Y POin"lOM 'OF SAID REAL PROPF.RT'f WITH lH
200.00 f'EE't OF THE. SURFACE TKERSOF', FOR 'TH£ PURPOSE OF EX-
PLORING OR DRl l.l,IUC FOR. Ott.,. GAS. Hl'PROC:J\MON OR PE:TROL&UM
SUBSTA.~CES OK MISERALS.
SA.It> LAND IS NOW SH:OWN /...;, •n~CEL 2 AS SHOJll'M OS: PA.R.CEL NA'P SO. 1Z715 RECORnEO IN BOO~ tll PAGES Sl A"1l 14 OF PARCEL MAPS.
so-90o95o
H-16
SUBDIVISION IMPROVEMENT AGREEMENT
H-17
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Dana E. Ireland
1 Seacove Drive
Rancho Palos Verdes, CA 90275
With a copy to:
City of Rancho Palos Verdes
Planning, Building and Code Enforcement
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
Attention: City Clerk
APN: 7573-014-013
NO FEE REQUIRED PURSUANT TO:
Government Code Sections 6103 and
27383
[Space above this line for Recorder's Use Only]
SUBDIVISION IMPROVEMENT AGREEMENT
SUBDIVISION REFERENCE DATA
FINAL TRACT MAP NO. 69928 ("Final Map" herein)
BASED ON VESTING TENTATIVE PARCEL MAP NO. 69928
NAME OR TRACT NUMBER OF
SUBDIVISION:
LEGAL DESCRIPTION OF
PROPERTY:
NAME AND ADDRESS OF
SUBDIVIDER:
CITY COUNCIL RESOLUTION OF
APPROVAL NO.:
IMPROVEMENT PLANS NO.:
IMPROVEMENTS:
R6876-0001\I660900v6.doc
TRACT 69928 -Nantasket Subdivision
("Subdivision" herein)
See Exhibit A -Legal Description of Property
(the "Property" herein)
Dana E. Ireland
1 Seacove Drive
Rancho Palos Verdes, CA 90275
2010-87 ("Resolution of Approval" herein)
_____ (hereinafter "Improvement
Plans," which include all Subdivision
specifications.)
See Exhibit A -Schedule of Improvements and
Section 1 .A below
(i) H-18
ESTIMATED TOTAL COSTS OF
IMPROVEMENTS:
FORM OF IMPROVEMENT
SECURITY:
NAME AND ADDRESS OF SURETY:
SURETY 'BOND NUMBERS:
EFFECTIVE DATE OF AGREEMENT:
PERFORMANCE
PAYMENT
WARRANTY
TOTAL:
$ ___ _
$ __ _
$ ___ _
$ ____ _
(hereinafter "Estimated Total Costs")
[X] Surety bonds
[ ] Deposit of money
[ ] Other: _____ _
Performance Bond: --------
Payment Bond: ________ _
Warranty Bond: ________ _
(to be inserted by City)
COMPLETION PERIOD: All Improvements of Subdivision shall be completed
within two years from the Effective Date of the Agreement (hereinafter, "Completion
Period").
**********************
(ii)
R687 6-000 I I I 660900v6 .doc H-19
TABLE OF CONTENTS
Page
1. SUBDIVIDER'S OBLIGATION TO CONSTRUCT IMPROVEMENTS ..................... 1
2. SOILS TESTING AND REPORT ............................................................................. 3
3. SPECIFICATIONS FOR IMPROVEMENTS ........................................................... .4
4. INSPECTION OF WORK AND FINAL ACCEPTANCE ........................................... 4
5. GUARANTEE AND WARRANTY OF THE IMPROVEMENTS ................................ 5
6. TIME EXTENSIONS ................................................................................................ 5
7. IMPROVEMENT SECURITY ................................................................................... 6
8. REDUCTION OR RELEASE OF IMPROVEMENT SECURITY ............................... 7
9. INDEMNIFICATION OF CITY BY SUBDIVIDER ..................................................... 9
10. INSURANCE ......................................................................................................... 10
11. OWNERSHIP OF THE IMPROVEMENTS ............................................................ 16
12. DEFAULT AND BREACH BY THE SUBDIVIDER AND REMEDIES OF
THE CITY .............................................................................................................. 17
13. RELATIONSHIP OF THE PARTIES ...................................................................... 18
14. ASSIGNMENT ...................................................................................................... 19
15. NOTICES .............................................................................................................. 19
16. ENTIRE AGREEMENT ......................................................................................... 19
17. SEVERABILITY ..................................................................................................... 20
18. INCORPORATION OF SUBDIVISION REFERENCE DATAAND
RECITALS ............................................................................................................. 20
19. GOVERNING LAW ................................................................................................ 20
20. EFFECTIVE DATE OF THE AGREEMENT .......................................................... 20
Exhibit A Legal Description of Property
Exhibit B Schedule of Improvements for Nantasket Subdivision
Exhibit C Form of Improvement Securities
(iii)
R6876-000I ll 660900v6.doc H-20
THIS SUBDIVISION IMPROVEMENT AGREEMENT ("Agreement") is made and
entered into by and between the City of Rancho Palos Verdes, a California municipal
corporation (the "City"), and the Subdivider whose name and address is set forth above in
the Subdivision Reference Data.
RECITALS
A. Subdivider has presented to the City for approval and recordation a Final Map,
identified above in the Subdivision Reference Data, of a proposed subdivision pursuant to
the Subdivision Map Act of the State of California and the City's ordinances and regulations
relating to the filing, approval and recordation of subdivision maps (collectively referred to
herein as the "Subdivision Laws").
B. A vesting tentative parcel map of the Subdivision was previously approved by the
City, subj~ct to the Subdivision Laws and to the City's standard requirements and conditions
of approval contained in the City Council's Resolution of Approval, a copy of which is on file
in the Office of the City Clerk and which is incorporated herein by this reference.
C. The Subdivision Laws establish, as a condition precedent to the approval of a
Final Map, that the Subdivider comply with the City Council's Resolution of Approval and
either (i) complete, in compliance with City standards, all of the Improvements and land
development work required by the Subdivision Laws and the City Council's Resolution of
Approval; or (ii) enter into a secured agreement with the City to complete the Improvements
and land development work within a period of time specified by the City.
D. In consideration of approval of the Final Map for the Subdivision by the City
Council, the Subdivider desires to enter into this Agreement whereby the Subdivider
promises to install and complete, at its sole expense, all public and private improvement
work required by the City for the proposed Subdivision. The Subdivider has secured this
Agreement by improvement security required by the Subdivision Laws and approved by the
City, as set forth he.rein.
E. Improvement Plans, numbered as designated above in the Subdivision
Reference Data, for the construction, installation and completion of the improvements
identified in Exhibit B hereto, have been prepared by the Subdivider, approved by the
Director of Public Works or his/her designee (the "Director"), and are on file in the office of
the Director. Said Improvement Plans are incorporated herein by this reference.
NOW, THEREFORE, in consideration of the approval and recordation by the City
Council of the Final Map of the Subdivision, the Subdivider and the City agree as follows:
1. SUBDIVIDER'S OBLIGATION TO CONSTRUCT IMPROVEMENTS
A. Subdivider shall, at its sole cost and expense, and in compliance with
the provisions of the Subdivision Laws, the Improvement Plans, all Conditions of the
Resolution of Approval, and all applicable City standards and fees, and in a good and
workmanlike fashion, furnish, construct, install and guarantee and warranty (as set forth in
Section 5 of this Agreement) the Improvements generally described in Exhibit B and more
(1)
R6876-000 I\ I 660900v6.doc
H-21
specifically described in the tentative map and in the City Council's Resolution of Approval
relating thereto (collectively, the "Improvements").
B. To the extent necessary to construct the Improvements, as determined
by the Director, the Subdivider shall acquire and dedicate, or pay the cost of acquisition by
the City of, all rights-of-way, easements and other interests in real property for the
construction or installation of the Improvements, free and clear of all liens and
encumbrances. The Subdivider's obligations with regard to the acquisition by the City of
off-site rights-of-way, easements and other interests in real property, if any, shall be subject
to a separate agreement between the Subdivider and the City.
C. Subject to any time extensions granted in accordance with Section 6
of this Agreement, the Subdivider shall complete all Improvements within the Completion
Period specified in the Subdivision Reference Data; provided, however, that if the Director
reasonably determines in good faith that accelerated construction of the Improvements is
essential in order to protect the public health, welfare and safety, the Director shall give
Subdivider not less than fifteen (15) business days' prior written notice to commence or
accelerate installation and construction of such Improvements, or any portion thereof. The
notice shall describe the work to be done by the Subdivider, the time within which the work
will commence, the period within which the work will be completed, and the reasons that
such early commencement is essential in order to protect the public health, welfare and
safety. All or any portions of said Improvements may be required to be commenced and/or
completed at a specified time, providing the foregoing criteria are met. If the Subdivider
objects to acceleration of the schedule as specified by the Director, the Subdivider may
appeal the decision of the Director to the City Council. Any such appeal shall be filed with
the City Clerk within ten (10) days after the effective date of the written notice from the
Director.
D. If the Improvements to be constructed by Subdivider include
monumentation, such monumentation shall be installed not later than thirty (30) days after
the City's acceptance of all other Improvements pursuant to Section 4 of this Agreement.
As used herein, "monumentation" shall mean the setting of survey monuments and tie
points in accordance with the Subdivision Laws, and the delivery to the Director of tie notes
for said points.
E. Subdivider shall, at its sole expense, replace or repair all public
improvements, public property, public utility facilities, and surveying or subdivision
monuments which are destroyed or damaged as a result of any work under this Agreement
or any work related to the Subdivision. Any such replacement or repair shall be subject to
the approval of the Director.
F. In addition to, and separate from, the indemnity obligations contained
in Section 9 of this Agreement, and without limiting the City's remedies under general
construction defect law, Subdivider shall be responsible for the care, repair and
maintenance of the Improvements, and shall bear all risks of loss or damage to the
Improvements, until the later of the following time periods: (i) the category of Improvements
as set forth on Exhibit B is accepted by the City; or (ii) the expiration of the required one-
year guarantee and warranty period as specified herein; or (iii) the expiration of any
applicable period of time specified in any other agreement or obligation imposed on the
(2)
R687 6-000 I\ I 660900v6 .doc
H-22
Subdivider regarding the Subdivider's obligation to maintain the Improvements. Neither the
City, nor its officers, officials, employees, agents or volunteers, shall have any liability for
any accident, loss or damage to the Improvements prior to their completion and acceptance
by the City.
G. In addition to, and separate from: (1) the indemnity obligations
contained in Section 9 of this Agreement, (2) the care, repair and maintenance provisions
under Subsection F of this Section 1 of this Agreement; and (3) the warranty and guarantee
provisions of Section 5 of this Agreement, the Subdivider shall repair and correct, or be
liable to the City for any cost to repair and correct, any defect in the construction of the
Improvements that is identified by City within ten (10) years after City's acceptance of the
Improvement, provided the City provides notice to Subdivider of the existence of the defect
within that time period, and the defect is caused directly or indirectly by the design,
construction, functionality, installation, assembly or workmanship of the Subdivider. Nothing
contained. in this Subsection is intended to limit or otherwise waive any right or cause of
action under applicable construction defect law that City may assert against the Subdivider.
H. The Subdivider shall, at its sole expense, obtain all necessary permits
and licenses for the construction and installation of the Improvements, give all necessary
notices, and pay all taxes required by law. Additionally, the Subdivider shall pay all fees
and costs required by the City's ordinance or resolution, as set forth in the applicable fee
ordinance or resolution as adopted by the City Council from time to time, and required for
the development of the Subdivision, including but not limited to, building permit fees, final
map filing fee, final map plan check fees, final map monumentation fees, grading permit
fees, plan check and review fees, encroachment permit fees, and inspection fees.
I. Not less than fifteen ( 15) days prior to commencement of work on the
Improvements, the Subdivider shall give written notice to the Director of the date fixed for
such commencement of work so that the Director shall have adequate time to schedule all
necessary inspections.
J. Subdivider shall provide the City with final Record Drawings of all
plans developed for the Subdivision, showing all changes and as built conditions as
specified in the Resolution of Approval prior to the acceptance of Improvements and release
of bonds or other security.
2. SOILS TESTING AND REPORT
A. In the event the Director determines that soil testing is required for the
Improvements, the Subdivider shall employ and pay for a Soils Engineer acceptable to the
Director of the City and the Soils Engineer shall perform materials testing, construction
control testing, interpretation of test results, and design for the Improvements in accordance
with the requirements set forth in Improvement Plans, and to the extent applicable, the
APWA Standard Plans for Public Works Construction (Southern California Chapter)
(popularly known as, and hereinafter, the "Greenbook"), as approved by City.
B. The Soils Engineer shall provide the City the reports containing the
results of the testing, the interpretation of the results and the Improvement design done in
connection with the Improvement Plans and this Agreement. With the last report filed, the
(3)
R6876-000l\1660900v6.doc
H-23
Soils Engineer shall include a certificate that the testing, interpretation, and design have
been done properly in accordance with the applicable provisions of the Green book, as
approved by the City, and good engineering practices. All reports and the certificates shall
be mailed or delivered to the City.
C. The street portion of the Improvements shall be constructed in
accordance with the pavement design, and any modification thereto, that is approved by the
Director.
3. SPECIFICATIONS FOR IMPROVEMENTS
Subdivider shall construct, at Subdivider's own expense, all of the following improvements
in compliance with the drawings, plans and specifications set forth below, which drawings,
plans and specifications are incorporated herein by this reference and made a part of this
Agreement as though set forth at length herein: Streets, sidewalks, curbs, gutters, and
monumen"ts described in the drawings, plans and specifications under City documents: City
Drawing No(s). on file in the office of the Director.
Consistent with the offers of dedication shown on the Final Map, Subdivider irrevocably
offers the public Improvements within City right of way and property, to City for public use.
4. INSPECTION OF WORK AND FINAL ACCEPTANCE
A. Subdivider shall at all times maintain proper facilities and safe access
for inspection of the Improvements by the Director and other City personnel and inspection
consultants.
B. Upon completion of the work on all of the Improvements specified in
Exhibit B, the Subdivider may request, in the form of a written letter, a final inspection by the
Director. Within forty-five (45) days of receipt of the written letter request, the Director shall
inspect the Improvements and provide written notice to Subdivider of the list of items which
have been found to be incomplete and the list of items which have been found to be
complete. If the Director determines that all of the Improvements have been completed in
accordance with this Agreement and in compliance with the Improvement Plans and all
applicable City standards, then the Director shall certify that determination in a report to the
City Council. If the Improvements that are completed are to be dedicated to or owned by
the City, the Director's certification shall be submitted to the City Council for final
acceptance by the City, unless such power to accept has been delegated by the City
Council to the Director or some other official of the City, in which case the final acceptance
shall be subject to the approval of that specified official. If the Improvements that are
completed are to be dedicated to or owned by a public entity other than the City, the
Subdivider's written request shall be submitted to the applicable public entity or other
owner, for final acceptance. Subdivider shall bear all costs of inspection and certification for
completeness in accordance with the City's formally adopted fees and rates.
C. Acceptance of all of public Improvements by the City Council (or other
specified official) shall be made upon recommendation and certification of the Director
following inspection of said public Improvements pursuant to Subsection B above. The City
Council (or other specified official) shall act upon the Director's recommendation that such
(4)
R6876-000I \I 660900v6.doc
H-24
public Improvements have been completed within thirty (30) days following certification by
the Director. Acceptance by the City Council (or other specified official) of the
Improvements, or by the governing body of the entity that is to accept dedication or
ownership of all or part of the Improvements, shall not constitute a waiver by the City or
such other public entity of any defects in the Improvements.
5. GUARANTEE AND WARRANTY OF THE IMPROVEMENTS
A. Within the period commencing on the date all of the Improvements are
accepted by the City, if any Improvements or part of any Improvements furnished, installed
or constructed by the Subdivider, any of the materials comprising the Improvements, or any
of the work performed under this Agreement, fails to comply with any requirements of this
Agreement, or the Subdivision Laws, or the Improvement Plans, the Subdivider shall,
without delay and without cost to the City, repair, replace or reconstruct any defective or
otherwise unsatisfactory part or parts of the Improvements. This guarantee and warranty
on behalt'of the Subdivider shall be separate from and in addition to the Improvement
Security defined and described in Section 7 A(3) of this Agreement.
B. Should the Subdivider fail or refuse to act promptly or in accordance
with Subsection A above, or should the exigencies of the situation require repair,
replacement, or reconstruction to be undertaken before the Subdivider can be notified and
can perform the necessary work, then the City may, in its discretion, make the necessary
repairs or replacements or perform the necessary reconstruction. The City shall provide a
bill to the Subdivider of the total costs of such repair, replacement, or reconstruction, and
the Subdivider shall immediately reimburse the City for those total costs. If the Subdivider
does not immediately pay the total costs incurred, the City may opt to tender on the
Subdivider's Improvement Securities as defined in Subsection 7 A, and/or take any other
lawful actions to recover any nonpayment or deficiency.
6. TIME EXTENSIONS
A. Upon a showing by the Subdivider of good cause, the duration of the
Completion Period for any or all of the Improvements may be extended by the Director. As
used herein, "good cause" may include, without limitation: delay resulting from acts of God
or force majeure, strikes, boycotts or similar job actions by employees or labor
organizations which prevent the conduct of the work; acts or failure to act by the California
Coastal Commission, including any order thereof; findings made by a governmental entity
that the site of a particular Improvement is of archeological significance; actions or failure to
act by the native American monitors(s); and the order of any court or the City.
B. A time extension may be granted without notice to any surety or
sureties of the Subdivider and shall not affect the validity of this Agreement nor release the
surety or sureties on any bond given as an Improvement Security pursuant to this
Agreement. ·
C. As a condition of any time extension provided for herein, the Director
may require the Subdivider to furnish new or modified Improvement Security guaranteeing
performance of this Agreement, as extended, in an increased amount as necessary to
(5)
R687 6-000 I\ I 660900v6 .doc
H-25
compensate for any projected increase in the Estimated Total Costs, as determined by the
Director.
7. IMPROVEMENT SECURITY
A. Prior to the City's execution of this Agreement, the Subdivider shall
provide as security to the City the following (collectively, "Improvement Securities" and
individually, an "Improvement Security"):
1. For Performance: Performance Security in an amount equal to
one hundred percent (100%) of the Estimated Total Costs, as set forth in the Subdivision
Reference Data. With this Performance Security, the Subdivider assures faithful
performance under this Agreement, as demonstrated by the City's acceptance, in
accordance with the Resolution of Approval and Improvement Plans.
2. For Payment: Payment Security in an amount equal to one
hundred percent (100%) of the Estimated Total Costs, as set forth in the Subdivision
Reference Data. With this Payment Security, the Subdivider guarantees payment to all
contractors, subcontractors, laborers, material suppliers, and other persons employed in the
performance of the agreement and referred to in Part 6 (commencing with Section 8000) of
Division 4 of the California Civil Code.
3. For Warranty: Warranty Security in an amount equal to one
hundred percent (100%) of the Estimated Total Costs, as set forth in the Subdivision
Reference Data, must be provided before final completion and the acceptance of any
category of Improvements by the City. With this Warranty Security, the Subdivider
guarantees the Improvements for one (1) year after the completion and acceptance of the
last of such Improvements, against any defective workmanship or materials or any
unsatisfactory performance, pursuant to Section 5 hereof.
B. Each Improvement Security shall be a bond issued by a California
admitted surety insurer or insurers having a Best rating of A or AA in substantially the form
set forth in Exhibit C, attached to this Agreement and incorporated by this reference, and
shall be subject to the approval and acceptance by the City Attorney and the City Council.
If, in the opinion of the City, any surety or sureties thereon (i) become insolvent or
liquidated, or any bond cannot be tendered upon for the full penal sum for any reason; (ii)
the surety's bond rating is downgraded; (iii) the surety declares bankruptcy; or (iv) the
surety is no longer deemed to be an admitted surety in California by the California
Department of Insurance, the Subdivider shall renew or replace any such surety bond with a
valid surety bond from a solvent surety or sureties in the amount of the full penal sum within
thirty (30) days after receiving from City written demand therefor.
C. Each Improvement Security shall be kept on file with the City Clerk. If
a surety bond is replaced by another approved bond, the Subdivider shall submit the
replacement bond to the City Clerk, and upon acceptance by the City Attorney, the
replacement Improvement Security shall be deemed to have been made a part of and
incorporated into this Agreement. Upon approval by the City Attorney of a replacement
bond, the former Improvement Security shall be released.
(6)
R6876-000J \1660900v6.doc
H-26
D. The Subdivider shall automatically increase the amount of each
Improvement Security by an amount equal to ten percent (10 %) of the deposited security
every year, subject to the provision that the Director may at any time determine that a
greater increase in the amount of the Improvement Security is necessary due to a greater
increase in the cost of construction of the Improvements or any of them. In such event, the
Subdivider shall provide the additional Improvement Security within thirty (30) days after
receiving demand and justification therefor.
E. Modifications of the Improvement Plans and the Improvements, not
exceeding ten percent (10%) of the original Estimated Total Costs, shall not relieve or
release any Improvement Security furnished by Subdivider pursuant to this Agreement. If
any such modifications exceed ten percent (10%) of the Estimated Total Costs, Subdivider
shall furnish additional Improvement Securities for performance, payment, and guarantee
as required by Subsection A above, for one hundred percent (100%) of the revised
Estimated Total Cost of the Improvements. Alternatively, the Subdivider may provide
official notice from the surety company that it acknowledges receipt of the modified
Improvement Plans and that the existing bonds have been amended to reflect the new
penal sum, which shall be in the amount of the revised Estimated Total Costs, and that the
existing bonds shall therefore apply to warrant the Project as revised.
F. All Improvements shall be completed within the Completion Period
listed in the Subdivision Reference Data. Subject to any time extensions granted in
accordance with Section 6 herein, if the Subdivider has not completed the Improvements
within this specified time, the Subdivider shall be in default.
G. Alternatively, in the event of a default by the Subdivider pursuant to
Section 12, and after written notice to Subdivider and reasonable opportunity to cure, the
City, at its sole option, shall have the right, without limiting any other rights and remedies
available to the City at law or in equity, to draw upon or utilize any or all Improvement
Securities furnished herewith to construct and install the Improvements itself.
8. REDUCTION OR RELEASE OF IMPROVEMENT SECURITY
A. Performance Security shall be released in full upon the occurrence of
both of the following:
1. All "Public Improvements" (Improvements that are to be owned
or dedicated to the City or other public entity as distinguished from those owned by
individual property owners or a private community association) shall be first completed,
certified completed by the Director and then accepted as complete by the City Council.
2. All private Improvements (Improvements that are to be owned
by individual property owners or a private community association and not dedicated or
owned by the City or other public entity) shall be first completed and then certified as
complete by the Director.
B. Partial releases or reductions in the Subdivider's Performance Security
may be authorized prior to the City's acceptance of all Improvements required hereunder,
as follows:
(7)
R6876-000II1660900v6 .doc
H-27
1. At the time that the Subdivider believes that the obligation to
perform the work for which security was required is complete, the Subdivider may notify the
City in writing of the completed work, including a list of work completed. Upon receipt of the
written notice, the Director shall review and comment or approve the completion of the
required work within 45 days. If the Director does not agree that all work has been
completed in accordance with the plans and specifications for the improvements, the
Director shall supply a list of all remaining work to be completed within this 45-day period.
2. Within 45 days of receipt of the list of remaining work from the
Director, the Subdivider may then provide cost estimates for all remaining work for review
and approval by the Director. Upon receipt of the cost estimates, the Director shall then
have 45 days to review, comment, and approve, modify, or disapprove those cost
estimates. The City shall not be required to engage in this process of partial release more
than once between the start of work and completion and acceptance of all work; however,
nothing in. this section prohibits the City from allowing for a partial release as the Director
otherwise deems appropriate.
3. If the Director approves the cost estimate, the Director shall
release all Performance Security except for security in an amount up to two hundred
percent (200%) of the cost estimate of the remaining work. The process allowing for a
partial release of Performance Security shall occur when the cost estimate of the remaining
work does not exceed 20 percent of the total original Performance Security unless the
Director allows for a release at an earlier time. Substitute bonds or other security may be
used as a replacement for the Performance Security, subject to the approval of the Director.
If substitute bonds or other security is used as a replacement for the Performance Security
released, the release shall not be effective unless and until the Director receives and
approves that form of replacement security. A reduction in the Performance Security,
authorized under this section, is not, and shall not be deemed to be, an acceptance by the
City of the completed improvements, and the risk of loss or damage to the improvements
and the obligation to maintain the improvements shall remain the sole responsibility of the
Subdivider until all required Public Improvements have been accepted by the City and all
other required improvements have been fully completed in accordance with the plans and
specifications for the Improvements.
4. The Subdivider shall complete the works of improvement until
all items are accepted by the City.
5. Upon the completion of the work on all of the Improvements
specified in Exhibit B, the Subdivider, or his or her assigns, shall request in writing a final
inspection in accordance with Subsection 48, and within forty-five (45) days of the Director's
certification that the project is complete, the release of any remaining performance security
shall be placed upon the agenda of the City Council for approval of the release of any
remaining performance security.
C. Payment Security shall, after passage of the time within which claims
of lien are required to be recorded pursuant to Part 6 (commencing with Section 8000) of
Division 4 of the California Civil Code and after acceptance of the work, be reduced to an
amount equal to the total claimed by all claimants for whom claims of lien have been
(8)
R6876-000 I \I 660900v6.doc
H-28
recorded and notice thereof given in writing to the City Council, and if no claims have been
recorded, the security shall be released in full.
D. The partial release provisions of this Section 8 shall not apply to any
required guarantee and warranty period required by Section 66499.9 of the California
Government Code for the guarantee or warranty nor to the amount of the Warranty Security
deemed necessary by the City for the guarantee and warranty period nor to costs and
reasonable expenses and fees, including reasonable attorneys' fees. Security furnished to
guarantee and warrant the Improvements against any defective work or labor done or
defective materials furnished, shall be released within sixty (60) days after the completion of
the one-year period following completion and acceptance of all Improvements.
E. If Subdivider's obligations relating to any Improvements are subject to
the approval of another governmental agency, the City shall not release the improvement
Performance Security therefor until the obligations are performed to the satisfaction of such
other governmental agency. Such agency shall have two (2) months after the Subdivider's
performance of the obligation to register its satisfaction or dissatisfaction. If at the end of
that period it has not registered its satisfaction or dissatisfaction, it shall be conclusively
deemed that the Subdivider's performance of the obligation was done to its satisfaction, and
such Improvement Security shall be promptly released.
F. In the event the time periods for action by the City or other
governmental agency specified in this Section conflict with a shorter or longer time period
for such actions as provided in California Government Code Section 66499.7 or 66499.8,
the time periods in Government Code Section 66499. 7 and 66499.8 shall control.
9. INDEMNIFICATION OF CITY BY SUBDIVIDER
A. Neither the City, nor its officers, officials, employees, agents and
volunteers (collectively, "City Personnel"), shall be liable or responsible for any accident,
injury, loss or damage to either property or person attributable to or arising out of the
construction, functionality, installation, assembly or improper maintenance, including,
without limitation, the use of defective or inferior methods, materials, workmanship, or
design (collectively, "Subdivider's Faults"), of the Improvements by Subdivider, its officers,
employees, contractors, subcontractors and agents. Subdivider shall indemnify, hold
harmless and defend the City and City Personnel from and against any and all losses,
claims, costs, expenses, liabilities, damages, actions, causes of action and judgments,
including attorneys' fees, arising directly or indirectly out of or attributable to Subdivider's
Faults, including Subdivider's acts or failure to act.
B. Subdivider's obligations under this Section 9 are not conditioned or
dependent upon whether the City, or City Personnel, prepared, supplied or reviewed any
Improvement Plans in connection with the Subdivision or the Improvements, or has
insurance or other indemnification covering any of these matters.
C. Subdivider's obligation to indemnify, hold harmless and defend the
City and City Personnel shall extend to injuries to persons and damages to or alleged taking
of property resulting from the Subdivider's Faults, including without limitation, design or
construction of the Subdivision, and the Improvements required herein, and shall likewise
(9)
R687 6-000 I\ I 660900v6. doc
H-29
extend to claims asserted by adjacent property owners based upon the diversion of waters
caused by the Subdivider's design or construction of Improvements. Except for a City
Directive as defined below, the City's acceptance of the Improvements shall not constitute
an assumption by the City of any responsibility or liability for any damage or alleged taking
of property referenced herein. The City shall not be responsible or liable for the design or
construction of the Subdivision or the Improvements constructed or installed pursuant to the
approved Improvement Plans or the Final Map, regardless of any act or omission by the
City in approving the Improvement Plans or the Final Map, unless the particular
Improvement design was required by the City over the written objection of the Subdivider,
which objection stated that the Improvement design was potentially dangerous or defective
and set forth an alternative design (a "City Directive"). After the City's acceptance of the
Improvements, the Subdivider shall remain obligated to correct or eliminate all dangerous
conditions created by defects in design or construction or Subdivider's Faults (other than
those required by a City Directive). The Subdivider's indemnity obligations hereunder shall
remain in .effect for ten (10) years following acceptance of the respective lmprovement(s) by
the City Council. Subdivider acknowledges and agrees that Subdivider shall be responsible
and liable for the Subdivider's Faults with respect to the Improvements and other work done
pursuant to this Agreement, unless the same is due to a City Directive. The City shall not
be liable for any acts or omissions in approving, reviewing, checking, correcting or
modifying any Improvement Plans, or in inspecting, reviewing or approving any work or
construction of Improvements, unless the same is due to a City Directive. The Subdivider's
Improvement Security shall not be required to secure the Subdivider's obligations under this
Subsection C beyond the one-year guarantee and warranty period set forth in Subsection
7(A)(3) of this Agreement.
D. Subdivider shall pay and satisfy any judgment, award or decree that
may be rendered against City and City Personnel to the extent of the indemnity provided
above, in any such suit, action, or other legal proceeding, provided the City gives the
Subdivider prompt written notice of such claim.
E. Subdivider's obligation to indemnify shall not be restricted to Insurance
proceeds, if any, received by the City and City Personnel.
F. Subdivider, on behalf of itself and all parties claiming under or through
it, hereby waives all rights of subrogation and contribution against the City and City
Personnel to the extent of the indemnity above provided.
10. INSURANCE
A. The following coverages shall be obtained and maintained by
Subdivider on behalf of City and in accordance with the requirements set forth herein. If
Subdivider performs construction activities through a general contractor, some or all of
these insurance requirements for the period of construction may be satisfied by the general
contractor's insurance coverages. In such case, Subdivider shall maintain during this same
construction period, and after the construction period, the coverages shown below as
"Insurance After Construction." In addition, Subdivider may elect to obtain, for all or any
portion of the Project, an "Owner-Controlled Wrap Up" insurance policy in satisfaction of the
insurance requirements for general contractors and subcontractors provided it satisfies all of
the insurance requirements below for general contractors and subcontractors. Throughout
(10)
R6876-0001II660900v6.doc
H-30
these specifications, the word "Subdivider" refers to the Party responsible to provide the
coverages as specified and, depending on context, may refer either to Subdivider or to a
separate General Contractor.
B. Insurance During Construction
Subdivider shall obtain and maintain the following insurance during construction of the
Improvements. Insurance requirements may be met through insurance provided by
Subdivider's General Contractor:
1. Commercial General Liability Insurance
Commercial General Liability Insurance (primary) shall be provided on Insurance Services
Offices ("ISO") ISO-CGL Form No. CG 00 01 or equivalent coverage, including provisions
for defense of additional insureds. Policy limits shall be no less than one million dollars
($1,000,000) per occurrence for all coverages and two million dollars ($2,000,000) general
aggregate. City and City Personnel shall be added as additional insureds using ISO Form
CG 20 10 11 85, or other revision of the CG 20 10 form if available from the insurer and
reasonably acceptable to the City, not limiting coverage for the additional insured to
"ongoing operations" or in any way excluding coverage for completed operations. Coverage
shall apply on a primary non-contributing basis in relation to any other insurance or self-
insurance, primary or excess, available to City or any City Personnel. Coverage shall not be
limited to the vicarious liability or supervisory role of any additional insured. Coverage shall
contain no contractors' limitation or other endorsement limiting the scope of coverage for
liability arising from pollution, explosion, collapse, or underground property damage.
2. Umbrella Liability Insurance
Umbrella Liability Insurance (or, at Subdivider's election, Excess Liability Insurance) (over
primary) shall apply to bodily injury/property damage, personal injury/advertising injury, at a
minimum. Coverage shall be at least as broad as any underlying coverage. Coverage shall
be provided on a "pay on behalf' basis. There shall be no cross liability exclusion and no
contractor's limitation endorsement. Policy limits shall be not less than five million dollars
($5,000,000) per occurrence and in the aggregate, including any limits required in the
underlying policies. The policy shall have a starting date no later than and an ending date
no earlier than those of the underlying coverages. The Named Insured (Subdivider or
General Contractor as appropriate) may determine the layering of primary and excess
liability insurance provided that if such layering differs from that described here, the actual
coverage program meets the minimum total required limits and complies with all other
requirements listed here.
3. Business Auto Coverage
Business Auto Coverage shall be written on ISO Business Auto Coverage Form CA 00 01
or the equivalent, including symbol (1) (any Auto). If Subdivider (or Contractor) does not
own any vehicles, this requirement may be satisfied by a non-owned vehicle endorsement
to the general and umbrella liability policies. Limits shall be no less than one million dollars
per accident. This policy shall be scheduled as underlying insurance to the umbrella policy
(11)
R6876-000 I\ I 660900v6.doc
H-31
required above for a total limit of no less than five million dollars ($5,000,000) each
accident.
4. Workers' Compensation/Employer's Liability
Workers' Compensation/Employer's Liability shall provide workers' compensation statutory
benefits as required by law. Employer's liability limits shall be no less than one million
dollars ($1,000,000) per accident or disease. Employer's liability coverage shall be
scheduled under the umbrella or excess liability policy described above. This policy shall
be endorsed to waive any right of subrogation with respect to City, its officers, employees or
agents.
5. Builder's Risk Insurance
Builder's Risk Insurance covering all real and personal property for "all risks" of loss or
"comprehensive perils" coverage including but not limited to the perils of earth movement,
including earthquake (if required by Subdivider's lender or if available at commercially
reasonable rates) and flood for all Improvements.
C. Insurance After Construction
Upon completion of construction of the Improvements, and for the required guarantee and
warranty period (unless such longer period of time is specified herein), Subdivider at
Subdivider's expense shall obtain and maintain or cause to be maintained the following
insurance:
1. Commercial Property Insurance
Commercial Property Insurance covering the Improvements. Coverage shall be at least as
broad as the ISO broad causes of loss form CP 10 20, and reasonably approved of in
writing by the City. Coverage shall be sufficient to insure 100% of the replacement value
and there shall be no coinsurance provisions. The policy shall include an inflation guard
endorsement, 100% rents coverage, contents coverage, coverage for personal property of
others, ordinance or law and increased cost of construction coverage. Subdivider also
agrees to provide builder's all-risk insurance using an inland marine form during the period
of any major alteration or improvement, using the broadest form available.
The insurance coverage for the peril of earthquake required for this project is subject to
availability on the open market at commercially reasonable premium cost, as determined by
mutual agreement between Subdivider and City. If such earthquake insurance coverage
should, after diligent effort be Subdivider, be unobtainable at such mutually determined
commercially reasonable premium cost, then Subdivider shall obtain the maximum
insurance reasonably obtainable at commercially reasonable premium cost (if any) and give
notice to City of the extent of Subdivider's inability to obtain, in full, the required insurance,
and in such event, Subdivider's obligation to procure and maintain such insurance as
unobtainable shall be excused. Subdivider and City agree that a premium cost of
earthquake insurance coverage of up to 150% of the premium cost paid by Subdivider for
such coverage on the Effective Date (to be adjusted over time based on the Consumer
Price Index,) shall constitute a commercially reasonable premium cost. Non-availability at
(12)
R6876-0001 \1660900v6.doc
H-32
commercially reasonable premium cost must be documented by a letter from Subdivider's
insurance broker or agent indicating a good faith effort to place the required insurance and
showing, at a minimum, the names of the insurance carriers and the declinations or
quotations received from each.
2. Commercial General Liability Insurance
Commercial General Liability Insurance (primary) shall be provided on ISO-CGL form No.
CG 00 01 or equivalent coverage, including provisions for defense of additional insureds.
Policy limits shall be no less than one million dollars ($1,000,000) per occurrence for all
coverages and two million dollars general aggregate. City and City Personnel shall be
added as additional insureds using ISO Form CG 20 10 11 85, or other revision of the CG
20 10 form if available from the insurer and reasonably acceptable to the City, not limiting
coverage for the additional insured to "ongoing operations" or in any way excluding
coverage for completed operations. Coverage shall apply on a primary non-contributing
basis in relation to any other insurance or self-insurance, primary or excess, available to
City or any City Personnel.
3. Umbrella Liability Insurance
Umbrella Liability Insurance (or, at Subdivider's election, Excess Liability Insurance) (over
primary) shall apply to bodily injury/property damage, personal injury/advertising injury, at a
minimum. Coverage shall be at least as broad as any underlying coverage. Coverage shall
be provided on a "pay on behalf' basis. There shall be no cross liability exclusion. Policy
limits shall be not less than five million dollars ($5,000,000) per occurrence and in the
aggregate, including any limits required in the underlying policies. The policy shall have a
starting date no later than and an ending date no earlier than those of the underlying
coverages. Subdivider may determine the layering of primary and excess liability insurance
provided that if such layering differs from that described here, the actual coverage program
meets the minimum total required limits.
4. Workers Compensation Insurance
Workers' Compensation/Employer's Liability shall provide workers' compensation statutory
benefits as required by law. Employer's liability limits shall be no less than one million
dollars ($1 ,000,000) per accident or disease. Employer's liability coverage shall be
scheduled under any umbrella or excess liability policy described above. Unless otherwise
agreed, this policy shall be endorsed to waive any right of subrogation as respects City, its
employees or agents.
5. Business Auto Coverage
Business Auto Coverage for vehicles owned, operated or maintained in any way connected
with the project, shall be written on ISO Business Auto Coverage form CA 00 01 or the
equivalent, including symbol (1) (any Auto). If Subdivider (or Contractor) does not own any
vehicles, this requirement may be satisfied by a non-owned vehicle endorsement to the
general and umbrella liability policies. Limits shall be no less than one million dollars
($1,000,000) per accident. This policy shall be scheduled as underlying insurance to the
(13)
R6876-000 I\ J 660900v6.doc
H-33
umbrella or excess liability policy required above for a total limit of no less than five million
dollars ($5,000,000) each accident.
D. Provisions Pertaining to Insurance Provided by Subdivider
1. All insurance coverage and limits provided pursuant to this
Agreement shall apply to the full extent of the policies involved, available or applicable.
Nothing contained in this Agreement or any other agreement relating to City or its
operations limits the application of such insurance coverage.
2. Requirements of specific coverage features or limits contained
in this Section are not intended as a limitation on coverage, limits or other requirements, or
a waiver of any coverage normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only and is not intended by any Party to be
all inclusi'(e, or to the exclusion of other coverage, or a waiver of any type.
3. All general or auto liability insurance coverage provided
pursuant to this Agreement, or any other agreements pertaining to the performance of this
Agreement, shall not prohibit Subdivider, and Subdivider's employees, or agents, from
waiving the right of subrogation prior to a loss. Subdivider waives its right of subrogation
against City.
4. None of the policies required herein shall be in compliance with
these requirements if they include any limiting endorsement that has not been first
submitted to City and approved in writing by the City.
5. Unless otherwise approved by City, Subdivider's insurance and
insurance provided by any contractor or subcontractor relating to the construction of the
Improvements shall be written by insurers authorized to do business in the State of
California and with a minimum "Best's" Insurance Guide rating of at least "A-:Vll." Self-
insurance will not comply with these insurance specifications unless expressly approved in
writing by the City.
6. In the event any policy of insurance required under this
Agreement does not comply with these requirements and Subdivider does not cure the non-
compliance within thirty (30) days after written notice from City (or Subdivider does not
provide reasonable evidence of such cure within such period), or if the insurance is
canceled and not replaced, City has the right but not the duty to obtain the insurance it
deems necessary and any premium paid by City will be promptly reimbursed by Subdivider.
7. Subdivider agrees to provide evidence of the insurance
required herein, satisfactory to City, consisting of certificate(s) of insurance evidencing all of
the coverages required and an additional insured endorsement to Subdivider's general
liability and umbrella liability policies using ISO Form CG 20 10 11 85. Certificate(s) are to
reflect that the insurer will provide 30 days notice of any cancellation of coverage and
policies are to have a "cancellation endorsement" to the same effect. Subdivider agrees to
provide complete certified copies of all required insurance policies, including without
limitation, any endorsements modifying coverage in any way, upon request from City.
(14)
R6876-0001\1660900v6.doc
H-34
8. Subdivider shall provide proof that policies of insurance
required herein expiring during the term of this Agreement have been renewed or replaced
with other policies providing at least the same coverage. ·
9. Any actual or alleged failure on the part of City or any other
additional insured under these requirements to obtain proof of insurance required under this
Agreement in no way waives any right or remedy of City or any additional insured, in this or
any other regard.
10. Subdivider agrees to require all subcontractors or other parties
(but not including a general contractor) hired for this project to construct the Improvements
to purchase and maintain insurance for general liability (minimum limit $1,000,000 per
occurrence), automobile liability ($1,000,000 per accident) and workers' compensation
(statutory benefits). Prior to the issuance of the Certificate of Completion for each Phase,
Subdivide_r shall, upon request by City, provide the City with copies of all insurance policies,
certificates and endorsements related to such Phase.
11. Subdivider agrees to monitor and review all coverage required
by this Section and assumes all responsibility for ensuring that such coverage is provided
as required here. Subdivider agrees to obtain certificates evidencing such coverage.
Subdivider agrees that upon request, all agreements with subcontractors or others with
whom Subdivider contracts with on behalf of City, and all certificates of insurance obtained
in compliance with this Section will be submitted to City for review upon request by City.
Failure of City to request copies of such documents will not impose any liability on City, or
its employees.
12. Subdivider agrees to require that no contract used by any
general contractor or subcontractor in connection with construction of the Improvements, or
contracts Subdivider enters into on behalf of City, will reserve the right to charge back to
City the cost of insurance required by this Agreement.
13. Where appropriate (such as in the case of automobile
insurance coverages), coverage will not be limited to the specific location designated as the
Property.
14. Subdivider agrees to provide notice to City of any claim or loss
against Subdivider that includes City as a defendant promptly after Subdivider receives
written notice or obtains knowledge thereof. City assumes no obligation or liability by such
notice, but has the right (but not the duty) to monitor the handling of any such claim or
claims if they are likely to involve City. City agrees to provide similar notice to Subdivider of
any such claims it is notified of respecting the Property.
15. Subdivider agrees not to attempt to avoid its defense and
indemnity obligations to City, and City Personnel by using as a defense Subdivider's
statutory immunity under workers' compensation and similar statutes.
16. Subdivider agrees to ensure that coverage provided to meet
these requirements is applicable separately to each insured and that there will be no cross
liability exclusions that preclude coverage for suits between Subdivider and City or between
(15)
R6876-000 l \l 660900v6.doc
H-35
City and any other insured or Named Insured under the policy, or between City and any
Party associated with City or its employees.
17. If Subdivider or any contractor or subcontractor is a Limited
Liability Company, general liability coverage must apply so that the Limited Liability
Company and its Managers, Members, Affiliates, and their employees are insureds.
18. Subdivider shall require General Contractor to maintain
commercial general liability, and if necessary, commercial umbrella liability insurance with a
limit of not less than five million dollars ($5,000,000) for each occurrence, until the warranty
period specified in this Agreement expires.
19. Subdivider agrees to obtain and provide to City evidence of
professional liability coverage for Architects, Engineers or other design professionals
working on the Improvements. The limit of liability required is subject to City approval, but
in no everit to be less than $1 million per claim and in the aggregate, and Subdivider shall
use reasonable efforts to require and cause such professionals to maintain such coverage
with respect to each occurrence for at least three years following substantial completion of
the work and, in the event Subdivider is unable to do so, Subdivider shall promptly inform
the City of the scope of such efforts and the reasons that it was unable to do so. If
Subdivider requests that the City approve a lower limit for any particular design professional
Subdivider seeks to employ on the Improvements, City will evaluate each such request
based on City's perception of liability exposure associated with the work that would be
performed by that design professional.
20. To the extent a particular coverage or policy form or
specification is not reasonably available from Subdivider's insurer or would result in an
additional premium that is extraordinary or unreasonably disproportionate to the premium
for the policy as a whole, then Subdivider shall provide substantially similar coverage
reasonably acceptable to City for which the cost is not extraordinary or unreasonably
disproportionate.
11. OWNERSHIP OF THE IMPROVEMENTS
A. Ownership of all or any category of the Improvements constructed and
installed by the Subdivider pursuant to this Agreement and shown on the Map to be
dedicated to the public shall vest, as applicable, in the City (or other specified governmental
agency) upon acceptance of said Improvements by the City Council (or other specified
governmental agency). The acceptance of the Improvements shall either be shown by a
certificate on the Final Map or by subsequent resolution accepting the Improvements
adopted by the City Council pursuant to Government Code Section 66477.2 and recorded
with the County Recorder.
B. The Subdivider shall at all times prior to the acceptance of the
Improvements by the City, give good and adequate warning to the public of each and every
dangerous and defective condition caused by the construction of the Improvements and
shall take all steps necessary to protect the public from such dangerous or defective
conditions. The Subdivider agrees and understands that until acceptance of the
Improvements by the City, each Improvement that is offered for dedication shall be under
(16)
R6876-000 I \I 660900v6.doc
H-36
the charge of the Subdivider, and the Subdivider may close all or a portion of any street or
area whenever necessary to protect the public during the construction of the Improvements.
12. DEFAULT AND BREACH BY THE SUBDIVIDER AND REMEDIES OF THE
CITY
A. Upon the occurrence of any of the following events, the Subdivider
shall be deemed to be in default under this Agreement:
1. Subject to any time extensions granted in accordance with
Section 6 of this Agreement, failure to complete construction and installation of the
Improvements or any of them by the Completion Date;
2. Failure to promptly correct or cure any defect in the
Improvements or any of them (other than a City Directive) during the guarantee and
warranty period required by Subsection 5(A) of this Agreement, or failure to commence
correction or cure of any such defect or failure to diligently prosecute same to completion, in
each instance following written notice that such defect exists;
3. Subject to any time extensions granted in accordance with
Section 6 of this Agreement, failure to perform substantial work on the Improvements or on
any of them, after commencement of work on same, for a period of thirty (30) days after
written notice thereof from the City;
4. Insolvency, appointment of a receiver, or the filing of any
petition in bankruptcy, whethe~ voluntary or involuntary, and such is not cured or discharged
within a period of thirty (30) days;
5. Commencement of a foreclosure action against the Subdivision
or any portion thereof, or any conveyance by the Subdivider in lieu or in avoidance of
foreclosure, within thirty (30) days after written notice thereof from the City; or
6. Failure to perform any other obligations in accordance with the
terms and provisions of this Agreement within the time period specified in the Agreement for
the performance of that obligation, or if no time is specified, within thirty (30) days after
written notice thereof from the City.
B. The City reserves to itself all remedies available to it at law or in equity
for any breach of the Subdivider's obligations under this Agreement. After written notice to
the Subdivider of alleged default and failure by the Subdivider, and failure by Subdivider to
promptly commence the cure of any alleged default and diligently prosecute such cure to
completion, the City shall have the right, without limitation of other rights or remedies, to
tender against, draw upon or utilize any or all Improvement Securities furnished hereunder
to complete the Improvements, or request said surety take over and complete the
Improvements, or otherwise mitigate the City's damages in the event of the Subdivider's
default.
C. The Subdivider acknowledges that the Estimated Total Costs and
Improvement Security amounts set forth herein may not reflect the actual cost of
(17)
R6876-000 I \I 660900v6.doc
H-37
construction or installation of the Improvements, and, consequently, the City's damages for
Subdivider's default shall be measured by the actual cost of completing the required
Improvements. If the damages incurred by the City in taking over and completing the
Improvements exceeds the principal amount of the improvement security, then the
Subdivider shall reimburse the City in the amount of such excess damages.
D. Following the written notice of alleged default and failure by the
Subdivider to promptly commence the cure of any alleged default and to diligently prosecute
such cure to completion, the City may, without liability for so doing, take possession of, and
utilize in completing the Improvements, such materials, appliances, plant and other property
belonging to the Subdivider as may be on the site of the work and necessary for the
performance of the work. The Subdivider hereby consents to such entry by the City and its
representatives, including employees, agents, and contractors, upon any real property in
the Subdivision owned by the Subdivider or by any assignee of this Agreement, in the event
the City e!ects to maintain or complete the work on the Improvements following the
Subdivider's default.
E. The Subdivider acknowledges and agrees that, upon approval of the
Final Map for the Subdivision, the City will confer substantial rights upon the Subdivider,
including the right to sell, lease or finance lots within the Subdivision, and that such
approval constitutes the final act necessary to permit the division of land within the
Subdivision. As a result, the City will be damaged to the extent of the cost of construction
or installation of the Improvements upon Subdivider's failure to perform its obligations under
this Agreement, which failure is not promptly remedied by sureties or by the Subdivider.
F. The City's failure to take an enforcement action with respect to a
default, or to declare a default or breach, shall not be construed as a waiver of that default
or breach or any subsequent default or breach of the Subdivider.
G. If any legal action or other proceeding, including action for declaratory
relief, is brought for the enforcement of this Agreement or because of an alleged dispute,
breach, default or misrepresentation in connection with this Agreement, the prevailing party
shall be entitled to recover reasonable attorneys' fees, experts' fees, and other costs, in
addition to any other relief to which the party may be entitled. If City sues to compel
Subdivider's performance of this Agreement, or to recover damages or costs incurred in
completing or maintaining the work on the Improvements, Subdivider agrees to pay all
attorneys' fees and other costs and expenses of litigation incurred by the City in connection
therewith, even if Subdivider subsequently resumes and completes the work.
13. RELATIONSHIP OF THE PARTIES
Neither the Subdivider, nor any of the Subdivider's contractors, subcontractors, employees
or agents, are or shall be deemed to be, agents of the City in connection with the
performance of the Subdivider's obligations under this Agreement. The Subdivider shall
not, at any time or in any manner, represent or allow representation by its contractors,
subcontractors, employees or agents that any of them are contractors, subcontractors,
employees or agents of the City.
(18)
R6876-000I \I 660900v6.doc
H-38
14. ASSIGNMENT
A. Subdivider shall not assign this Agreement, or any portion thereof
without the prior written consent of the City. Any attempted or purported assignment in
violation of this Subsection A shall be null and void and shall have no force or effect.
B. The sale or other disposition of the Subdivision shall not relieve the
Subdivider of its obligations hereunder. If the Subdivider intends to sell the entire four (4)
parcel Subdivision to any other person or entity, the Subdivider may request a novation of
this Agreement and a substitution of Improvement Securities. Upon the City's approval of
the novation and substitution of Improvement Securities, the Subdivider may request a
release or reduction of the Improvement Securities furnished pursuant to this Agreement.
15. NOTICES
All' notices required or provided for in this Agreement shall be in writing and delivered
in person or be given by certified United States Mail, return receipt requested, or by
nationally recognized overnight courier, addressed as follows:
If to the City:
With a copy to:
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
Attn: City Manager
Richards, Watson & Gershon
355 South Grand Avenue, 40th Floor
Los Angeles, California 90071-3101
Attn: Carol Lynch, Esq.
If to the Subdivider: To the address set forth above in the Subdivision
Reference Data, or to such other address as may
subsequently be designated in written notice to the City.
Notice shall be effective on the date that it is delivered in person, or, if sent by certified mail,
shall be deemed effective on the date of delivery or attempted delivery shown on the return
receipt, and notices given by overnight courier shall be deemed effective one (1) business
day following delivery to the overnight courier. Any party may change its address for the
service of notice by giving written notice of such change to the other party, as specified
herein.
16. ENTIRE AGREEMENT
This Agreement, along with the conditions of approval and mitigation measures that
were imposed previously by the City, constitutes a single, integrated written contract,
expresses the entire agreement of the parties with respect to its subject matter, supersedes
all negotiations, prior discussions and preliminary agreements; provided, however, the
parties contemplate entering into a Golf Ball Hold Harmless Agreement regarding the
Subdivision, which shall be considered a separate obligation and is not superseded by this
Agreement. All modifications, amendments, or waivers of any terms of this Agreement shall
(19)
R687 6-000 I\ J 660900v6 .doc
H-39
be in writing and signed by the duly authorized representatives of the parties. In the case of
the City, the duly authorized representative, unless otherwise specified herein, shall be the
Director.
17. SEVERABILITY
The provisions of this Agreement are severable. If any portion of this Agreement is
held invalid by a court of competent jurisdiction, the remainder of the Agreement shall
remain in full force and effect.
18. INCORPORATION OF SUBDIVISION REFERENCE DATA AND RECITALS
The Subdivision Reference Data, the Recitals, and Exhibits A and B, are attached
hereto and incorporated into this Agreement.
19. GOVERNING LAW; VENUE
This Agreement shall be governed by the domestic laws of the State of California,
without regard to its laws regarding choice of applicable law. Venue for any action relating
to this Agreement shall be in the Los Angeles County Superior Court.
20. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to
be an original, but all of which, taken together, shall constitute one and the same
agreement.
21. LIENS
Subdivider represents and warrants that Subdivider owns the Property, and that
there are no encumbrances on the Property that would prohibit or interfere with this
Agreement or the rights granted to City hereunder, and that there are no monetary liens
(except for property taxes and assessments not yet delinquent) affecting the Property
except for (a) that certain deed of trust dated December 27, 2007, recorded January 09,
2008, in the office of the County Recorder of the County of Los Angeles, California, as
document number 20080048375, executed by Dana E. Ireland and PaJge V. Ireland as
trustor, in favor of Farmers & Merchants Bank of Long Beach, as beneficiary; and (b) that
certain deed of trust dated December 10, 2013, recorded December 11, 2013, in the office
of the County Recorder of the County of Los Angeles, California as document number
20131745063, executed by Dana E Ireland as trustor, in favor of Farmers & Merchants
Bank of Long Beach, as beneficiary. Subdivider has obtained from each such beneficiary a
consent and subordination in the form attached hereto as Exhibit D, duly executed by such
lien holder and acknowledged, and has delivered it to the City for recordation. Final Map
No. 69928 shall not be recorded until such fully executed lien holder consent and
subordination has been delivered to the City and has been recorded.
(20)
R6876-0001 I l 660900v6 .doc
H-40
22. EFFECTIVE DATE OF THE AGREEMENT
This Agreement shall be and become effective as of the date that it is executed by a
duly authorized officer or employee of the City, it being the intention of the parties that the
Subdivider shall first execute this Agreement and thereafter submit it to the City. The City
shall insert the effective date in the Subdivision Reference Data in all counterparts of this
Agreement and shall transmit a fully executed counterpart to the Subdivider.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be executed by their respective officers, thereunto duly authorized, as of the dates set forth
below their respective signatures.
[Note: All signatures must be acknowledged "SUBDIVIDER"
by a nota~y public and the acknowledgement
must be attached.]
"CITY"
ATTEST:
By: ___________ _
Carla Morreale, City Clerk
APPROVED AS TO FORM:
By: ___ -.,.-______ _
Carol Lynch, City Attorney
R687 6-000 I I I 660900v6 .doc
Dana E. Ireland, an individual
CITY OF RANCHO PALOS VERDES
By: ___________ _
____ ,Mayor
(SEAL)
(21)
H-41
[This page for acknowledgments.]
(22)
R6876-0001\1660900v6.doc
H-42
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF
RANCHO PALOS VERDES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND
IS DESCRIBED AS FOLLOWS:
PARCEL 2 OF PARCEL MAP NO. 12715, IN THE CITY OF RANCHO PALOS
VERDES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP FILED
IN BOOK 131 PAGES 83 AND 84 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
EXCEPT THEREFROM ALL MINERALS, GAS, OIL, PETROLEUM, NAPHTHA
AND OTHER HYDROCARBON SUBSTANCES, IN AND UNDER SAID LAND LYING
BELOW A DEPTH OF 500 FEET FROM THE SURFACE, WITHOUT HOWEVER THE
RIGHT OF SURFACE ENTRY, AS RESERVED IN DEED RECORDED BOOK 41718
PAGE 1, OF OFFICIAL RECORDS.
APN: 7573-014-013
H-43
EXHIBIT B
SCHEDULE OF IMPROVEMENTS FOR NANTASKET SUBDIVISION
FINAL TRACT MAP NO. 69928
AMOUNT OF AMOUNT OF AMOUNT OF AMOUNT OF
CATEGORIES OF ESTIMATED PERFORMANCE PAYMENT WARRANTY
IMPROVEMENTS TOTAL COST SECURITY SECURITY SECURITY
[1] Curbs, gutters, sidewalk, $ $ $ $
including ADA requirements
(Conditions of Approval
17(a), 17(b), and 17(e))
[2) Nantasket Drive crack $ $ $ $
filling, slurry sealing, street
striping
(Conditions of Approval
17(c), and 17(f))
[3] Monuments $ $ $ $
(Conditions of Approval 26,
27, 28 and 29)
[4] Grading Plan $ $ $ $
(Conditions of Approval
17(g) and 34)
[5) Final Drainage Report $ $ $ $
(Conditions of Approval
17(h))
[6) Driveways, including $ $ $ $
removal of existing
driveways and installation
of new driveways
(Conditions of Approval
17(d))
TOTAL $ $ $ $
"Conditions of Approval" refer to the numbered Conditions of Approval in Exhibit B to the Resolution of
Approval.
TOTAL PERFORMANCE SECURITY: $
TOTAL PAYMENT SECURITY: $
TOTAL WARRANTY SECURITY: $
H-44
EXHIBITC
Form of Improvement Securities
1. Performance Bond
2. Payment Bond
3. Warranty Bond
H-45
Bond No. ----
FAITHFUL PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
Whereas, the City Council of the City of Rancho Palos Verdes, State of California, and
------------(hereinafter designated as "Principal") have entered into
an agreement whereby Principal agrees to install and complete certain designated public
improvements, which said agreement, dated , 20 __ , and identified as
project , is hereby referred to and made a part hereof; and
Whereas, Principal is required under the terms of said agreement to furnish a bond for the
faithful performance of said agreement.
Now, therefore, we, the Principal and , as surety (hereinafter
designated as "Surety"), are held and firmly bound unto the City of Rancho Palos Verdes in
the penal sum of dollars ($ ) lawful money of the
United States, for the payment of which sum well and truly to be made, we bind ourselves,
our heirs, successors, executors and administrators, jointly and severally, firmly by these
presents.
The condition of this obligation is such that if the above bounded Principal, his, her, or its
heirs, executors, administrators, successors or assigns, shall in all things stand to and abide
by, and well and truly keep and perform the covenants, conditions and provisions in the said
agreement and any alteration thereof made as therein provided, on his, her, its or their part,
to be kept and performed at the time and in the manner therein specified, and in all respects
according to their true intent and meaning, and shall indemnify and save harmless the City
of Rancho Palos Verdes, its officers, agents and employees, as therein stipulated, then this
obligation shall become null and void; otherwise it shall be and remain in full force and
effect.
As a part of the obligation secured hereby and in addition to the face amount specified
therefor, there shall be included costs and reasonable expenses and fees, including
reasonable attorneys' fees, incurred by the City of Rancho Palos Verdes in successfully
enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
Further, Surety hereby waives the provisions of California Civil Code sections 2845 and
2849. The City of Rancho Palos Verdes is the principal beneficiary of this bond and has all
rights of a party hereto.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in anywise affect its obligations on this bond,
and it does hereby waive notice of any such change, extension of time, alteration or addition
to the terms of the agreement or to the work or to the specifications.
H-46
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which
shall for all purposes be deemed an original hereof, have been duly executed by Principal
and Surety, on the date set forth below, the name of Principal and Surety being hereto
affixed and these presents duly signed by Principal and by Surety's undersigned
representative(s) pursuant to authority of its governing body.
Dated:
"Principal"
Dana E. Ireland, an individual
(Seal)
Note: This bond must be executed in duplicate and
dated, all signatures must be notarized, and
evidence of the authority of any person signing
as attorney-in-fact must be attached.
"Surety"
Its:
By:
Its:
(Seal)
APPROVED AS TO FORM:
RICHARDS, WATSON & GERSHON
A Professional Corporation
By:
City Attorney
H-47
Bond No. ----
PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
Whereas, the City Council of the City of Rancho Palos Verdes, State of California, and
_________ (hereinafter designated as "Principal") have entered into an
agreement whereby. the Principal agrees to install and complete certain designated public
improvements, which agreement, dated , 20 __ , and identified as
project , is hereby referred to and made a part hereof; and
Whereas, under the terms of the agreement, the Principal is required before entering upon
the performance of the work, to file a good and sufficient payment bond with the City of
Rancho P"alos Verdes to secure the claims to which reference is made in Part 6
(commencing with Section 8000) of Division 4 of the Civil Code.
Now, therefore, the Principal and , as corporate surety
(hereinafter designated as "Surety"), are held firmly bound unto the City of Rancho Palos
Verdes and all contractors, subcontractors, laborers, material suppliers, and other persons
employed in the performance of the agreement and referred to in Part 6 (commencing with
Section 8000) of Division 4 of the Civil Code in the sum of dollars
($ , for materials furnished or labor thereon of any kind, or for amounts due
under the Unemployment Insurance Act with respect to this work or labor, that the Surety
will pay the same in an amount not exceeding the amount hereinabove set forth, and also in
case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs
and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the
City of Rancho Palos Verdes in successfully enforcing this obligation, to be awarded and
fixed by the court, and to be taxed as costs and to be included in the judgment therein
rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any
and all persons, companies, and corporations entitled to file claims under Part 6
(commencing with Section 8000) of Division 4 of the Civil Code, so as to give a right of
action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null
and void, otherwise it shall be and remain in full force and effect.
Further, Surety hereby waives the provisions of California Civil Code sections 2845 and
2849. The City of Rancho Palos Verdes is the principal beneficiary of this bond and has all
rights of a party hereto.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or
addition to the terms of the agreement or the specifications accompanying the same shall in
any manner affect its obligations on this bond, and it does hereby waive notice of any such
change, extension, alteration, or addition.
H-48
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which
shall for all purposes be deemed an original hereof, have been duly executed by Principal
and Surety, on the date set forth below, the name of Principal and Surety being hereto
affixed and these presents duly signed by Principal and by Surety's undersigned
representative(s) pursuant to authority of its governing body.
Dated:
"Principal"
Dana E. Ireland, an individual
(Seal)
Note: This bond must be executed in duplicate and
dated, all signatures must be notarized, and
evidence of the authority of any person signing
as attorney-in-fact must be attached.
"Surety"
By:
Its:
By:
Its:
(Seal)
APPROVED AS TO FORM:
RICHARDS, WATSON & GERSHON
A Professional Corporation
By:
City Attorney
H-49
Bond No. ----
WARRANTY BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
Whereas, the City Council of the City of Rancho Palos Verdes, State of California, and
------------(hereinafter designated as "Principal") have entered into
an agreement, dated , 20 __ , and identified as project , is
hereby referred to and made a part hereof; and
Whereas, Principal is required under the terms of said agreement to furnish a bond for the
good and sufficient warranty of all of the improvements installed pursuant to said
agreement.
Now, therefore, we, the Principal and , as surety (hereinafter
designated as "Surety"), are held and firmly bound unto the City of Rancho Palos Verdes in
the penal sum of dollars ($ lawful money of the
United States, for the payment of which sum well and truly to be made, we bind ourselves,
our heirs, successors, executors and administrators, jointly and severally, firmly by these
presents.
The condition of this obligation is such that, if the hereby bounded Principal, his, her or its
heirs, executors, administrators, successors or assigns, shall remedy, without cost to the
City of Rancho Palos Verdes, any defects which may develop during a period of one (1)
year from the date of the completion and acceptance of the last of the improvements
installed under the agreement, caused by defective or inferior design, materials,
workmanship or maintenance as determined by the City, and shall indemnify, defend and
hold harmless the City of Rancho Palos Verdes, its officers, officials, employees, agents
and volunteers for any and all claims, demands, causes of action, judgments, damages,
injuries, liabilities, losses, costs or expenses, including attorneys' fees and costs of defense,
which arise out of, pertain to, or relate to such defects or inferior design, materials,
workmanship or maintenance or to the Principal's actions or inactions in remedying such
defects or inferior design, materials, workmanship or maintenance, then this obligation shall
become null and void; otherwise it shall be and remain in full force and effect.
If suit is brought upon this bond, Surety further agrees to pay, in addition to the Penal Sum,
all costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred
by the City of Rancho Palos Verdes in successfully enforcing such obligation, all to be taxed
as costs and included in any judgment rendered.
Further, Surety hereby waives the provisions of California Civil Code sections 2845 and
2849. The City of Rancho Palos Verdes is the principal beneficiary of this bond and has all
rights of a party hereto.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in anywise affect its obligations on this bond,
R687 6-000 I\ I 660900v6. doc H-50
and it does hereby waive notice of any such change, extension of time, alteration or addition
to the terms of the agreement or to the work or to the specifications.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which
shall for all purposes be deemed an original hereof, have been duly executed by Principal
and Surety, on the date set forth below, the name of Principal and Surety being hereto
affixed and these presents duly signed by Principal and by Surety's undersigned
representative(s) pursuant to authority of its governing body.
Dated:
"Principal"
Dana E. Ireland, an individual
(Seal)
Note: This bond must be executed in duplicate and
dated, all signatures must be notarized, and
evidence of the authority of any person signing
as attorney-in-fact must be attached.
R687 6-000 I\ I 660900v6 .doc
-2-
"Surety"
Its:
Its:
(Seal)
APPROVED AS TO FORM:
RICHARDS, WATSON & GERSHON
A Professional Corporation
By:
City Attorney
H-51
EXHIBIT D
Consent and Subordination Agreement
-3-
R6876-000II1660900v6 .doc H-52
CONSENT AND SUBORDINATION
The undersigned, Farmers & Merchants Bank of Long Beach. a California
Corporation, being the owner and holder of (a) that certain deed of trust dated
December 27, 2007, recorded January 09, 2008 in the office of the County Recorder of
the County of Los Angeles, California, as document number 20080048375 (as now or
hereafter increased, amended, modified, supplemented, consolidated, replaced,
substituted, extended and/or renewed, the "First Deed of Trust"); and (b) that certain
deed of trust dated December 10, 2013, recorded December 11, 2013, in the office of
the County Recorder of the County of Los Angeles, California as document number
20131745063 (as now or hereafter increased, amended, modified, supplemented,
consolidated, replaced, substituted, extended and/or renewed, the "Second Deed of
Trust"), encumbering the Property, hereby executes this Consent and Subordination to
acknowledge its consent to the terms of the attached Subdivision Improvement
Agreement ("Agreement") and to agree that the First Deed of Trust and the Second
Deed of Trust will be subject and subordinate to the terms of the Agreement.
Farmers & Merchants Bank,
a California Corporation
Title:-------------
R687 6-000 I I l 660900v6. doc
Farmers & Merchants Bank,
a California Corporation
Print Name:
-~~~~~~~~~
-4-H-53
State of California
County of Los Angeles
)
)
On , before me, ----------------------~ (insert name and title of the officer)
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 person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California
that the fc;>regoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _____________ _ (Seal)
-5-
R687 6-000 I\ I 660900v6. doc H-54
P.C. RESOLUTION No. 2014-11,
FINDING THE CITY'S VACATION OF THE EASEMENT TO BE
CONSISTENT WITH THE GENERAL PLAN
H-55
P.C. RESOLUTION NO. 2014-11
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES FINDING THAT THE CITY'S
ABANDONMENT AND VACATION OF A 30-FOOT WIDE
STREET EASEMENT AND PUBLIC ACCESS EASEMENT ON
THE NORTHERN SIDE OF VACANT PARCEL (APN 7573-014-
013) IS CONSISTENT WITH THE GOALS AND POLICIES OF
THE RANCHO PALOS VERDES GENERAL PLAN.
WHEREAS, at a public hearing held on February 2, 2010, the City Council
adopted Resolution No. 2010-09, approving Case Nos. SUB2008-00001 and ZON2008-
00074 thru -00078, for a General Plan Land Use change from Commercial Recreational
(CR) to Single-Family Residential, two-to-four dwelling units per acre; a Zone Change
from CR to RS-3; a Parcel Map, subdividing a 1.42-acre lot into four single-family
residential lots; a Variance to allow lot depths of 93-feet instead of 110-feet; Height
Variations to allow the new single-family residences on Lots 3 and 4 to exceed the 16-
foot height limits; and allow a total of 4,028 cubic yards of grading to accommodate the
construction of single-family residences on the four new lots (collectively, the "Nantasket
Project") on the property located at the west side of Nantasket Drive, between
Beachview Drive & Seacove Drive (APN: 7573-014-013) (the "Property"); and,
WHEREAS, since final approval of the project was contingent upon the California
Coastal Commission approval of an amendment to the City's Loca~ Coastal Plan (i.e.,
Coastal Specific Plan), City Staff submitted a LCP Amendment to Coastal Commission
Staff on March 17, 2010 to change the Coastal Specific Plan Land Use designation from
Agriculture to Residential, and the zoning from Commercial Recreation (CR) to Single-
Family Residential (RS-3); and,
WHEREAS, the City's LCP Amendment was accepted by the California Coastal
Commission Staff and identified as Local Coastal Program Amendment RPV-MAJ-1-10,
and subsequently deemed complete for processing in May 201 O; and,
WHEREAS, on August 13, 2010, the California Coastal Commission considered
the City's LCP Amendment, and approved the LCP Amendment with suggested
modifications to the text and policies of the City's LCP (i.e., the City's Coastal Specific
Plan); and,
WHEREAS, on September 21, 2010, the City Council approved Case Nos.
SUB2008-00001 and ZON2008-00074 thru -00078, as amended by the California
Coastal Commission; and,
WHEREAS, as a condition of approval of the project, Condition 15 required, prior
to the recordation of the Final Parcel Map, abandonment of the City of Rancho Palos
Verdes's thirty-foot wide street easement and public access easement located on the
northern side of the Property, as described and depicted on Parcel Map No. 12715,
P.C. Resolution No. 2014-11
Page 1of7
H-56
attached hereto as Exhibit A and incorporated by this reference, and further described
in that certain Partnership Grant Deed executed August 31, 1980, attached hereto as
Exhibit Band incorporated by this reference; and
WHEREAS, on January 29, 2014, Staff initiated a General Plan Consistency
Finding for the abandonment and vacation of the street easement and public access
easement on the subject property; and
WHEREAS, Section 8313 of the California Streets and Highways Code requires
compliance with Section 65402(a) of the California Government Code before vacating a
street or public service easement that is within an area for which a general plan has
been adopted; and
WHEREAS, Section 65402(a) of the California Government Code requires that
no real ·property shall be disposed of, and no street shall be vacated or abandoned, if
the adopted general plan or part thereof applies thereto, until the "location, purpose and
extenf' of such vacation or abandonment have been submitted to and reported upon by
the planning agency as to conformity with said adopted general plan or part thereof;
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.S(f) (Hazardous Waste
and Substances Statement), the City of Rancho Palos Verdes reviewed and studied the
abandonment and vacation of the street easement and public access easement as part
of the Mitigated Negative Declaration for the Nantasket Project, which was approved by
City Council Resolution 2010-08, and found that the project environmental impacts, as
mitigated, were reduced to a less than significant level, and the Planning Commission
has independently considered and reviewed the information in the Mitigated Negative
Declaration in making its recommendation on this request; and,
WHEREAS, the custodian of records for au materials that constitute the record of
proceeding upon which this decision is based is the Community Development
Department, and those documents are available for public review in the Community
Development Department located at the City of Rancho Palos Verdes City Hall, 30940
Hawthorne Blvd., Rancho Palos Verdes, California 90275; and,
WHEREAS, the Planning Commission held a public meeting on February 11,
2014, within forty (40) days of the date the request was initiated by the City of Rancho
Palos Verdes, 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:
P.C. Resolution No. 2014-11
Page 2of7
H-57
Section 1: The Planning Commission finds that all of the facts set forth in the
Recitals of this Resolution are true and correct.
Section 2: The Rancho Palos Verdes Planning Commission hereby finds as
follows with respect to the location, purpose and extent of the abandonment and
vacation of the street easement and public access easement, as described and
depicted on Exhibits A and B, that traverse the northern side of Assessor Parcel No.
7573-014-013, a vacant parcel on the western side of Nantasket Drive between
Beachview Drive and Seacove Drive:
A. The location of the vacation and abandonment is consistent with the Rancho
Palos Verdes General Plan. The General. Plan's Infrastructure Goal states that,
"It shall be a goal of the City to ensure adequate public utilities and
communications services to all residents, while maintaining the quality of the
environment" (General Plan Page preceding page No. 101 ). The easements do
not contain any public utility infrastructure facilities, nor are there any future plans
to provide utility infrastructure facilities through the easements. Additionally, the
General Plan's Infrastructure Goal states that, "It shall be a goal of the City to
provide residents with a safe and efficient system of roads, trails and paths"
(General Plan Page preceding page No. 101 ). The street easement has been
deemed to be unnecessary since a street would not afford access to neighboring
uses and would dead-end into the abutting golf course at a location that does not
provide vehicle access to the golf course. The public access easement is
unnecessary for trails or paths, because as part of the development of the
T emmea Resort, a trail was constructed to the north of the subject property and
contains access via the existing public right-of-way. Thus, the existing public
access easement is not necessary to provide for any trail connection.
Consequently, the location is not required for public utilities, communications
services, roads, trails or paths, and eliminating these easements would be
consistent with, and not obstruct, the General Plan's Infrastructure Goal.
B. The purpose of vacating/abandoning the public access easement is to be
consistent with the subdivision and entitlements approved by the City Council in
201 O for the creation of 4 lots and development of single-family residences. The
public access easement was to be used in the future for trail purposes when the
lot was initially created in 1980. However, the public access easement on the
subject property is not necessary since public access is already afforded by the
existing trails in the area and by trails that abut the subject property, and vacating
said easement would not result in any negative impacts to public access, nor will
it be contrary to the following Transportation Systems Policies in the Urban
Environment Element on page 137 of the City's General Plan:
Policy No. 24:
Policy No. 25:
Construct trails to have a minimal impact on the
environment.
Align trails to provide maximum access to scenic resources.
P.C. Resolution No. 2014-11
Page 3of7
H-58
The purpose of the street easement was originally to provide a secondary
connection from Beachview Drive to the Marineland of the Pacific, which
previously occupied the area to the west of the subject property. This connection
was made unnecessary when the Terranea Resort was developed. Specifically,
the resort's golf course is now located adjacent to the subject property and
access to the resort and golf course are via Palos Verdes Drive South. Thus, the
purpose for the original street easement and public access easement no longer
exists, and vacating the easements is consistent with the Rancho Palos Verdes
General Plan.
C. The street easement and public access easement are located at the
northernmost portion of the site, abutting the existing trail system at an existing
trail entrance to the T erranea Resort. The extent of the vacation/abanc:lonment is
limited to the 30-foot wide public access easement and future street easement,
which occupy the same area, as described and depicted in Exhibits A and B.
Public access is already provided via the existing trail that abuts the public
access easement, and the street easement is unnecessary to extend Beachview
Drive. Further, the existing trail issue and potential street extension was
previously reviewed when the subdivision was approved in 2010, which resulted
in the condition that the easements be abandoned. As such, abandonment of
the easement for future street and public access would be consistent with the
conditions of approval of the project approved by the City Council in 2010 and
would continue to allow for the ultimate development of the newly created
residential lot. The extent of the easement vacation and abandonment is
consistent with the aforementioned goals and policies of the Rancho Palos
Verdes General Plan.
Section 3: For the foregoing reasons and based on the information and
findings included in the Staff Report, Minutes and all other records of the proceedings,
which are attached hereto and made a part thereof by reference, the Planning
Commission hereby finds that the City's abandonment and vacation of the City's th1rty-
foot wide street easement and public access easement across the Property as
described and depicted in Exhibits A and B is in conformity and consistent with the
goals and policies of the Rancho Palos Verdes General Plan.
P.C. Resolution No. 2014-11
Page 4of7
H-59
PASSED, APPROVED AND ADOPTED this 25th day of February 2014, by the following
vote:
AYES: Commissioners Gerstner, Lewis, Tetreault, Tomblin; arid Vice Chairman Leon
NOES: None
ABSTENTIONS: None
ABSENT: None
RECUSALS: Chairman Erqenhiser and Commissioner Nelson
Gordon Leon
Vice Chairman
P.C. Resolution No. 2014-11
Page 5 of 7
H-60
EXHIBIT A
Parcel Map No. 12715
(2 pages)
P.C. Resolution No. 2014-11
Page 6of7
H-61
.,_
·'
BOOJU~L?AGLIL
SCA~E I " • ·oo· PARCEL MAP No. 127~5 SHEET I OF 2 SHEETS
' 1-=:./fi2
....
IN nil'. CITY OF RANCHO PALOS VERDES
STATE OF CALIFORN!A
30-M·n:>.
f 1LE0
C;l~"Jmmlli.J.JD . .9£1NG ft SUSO~ION CE LOT 12: OF TRACT NO, 30:!39 dS
~i,.~~~~c!k~ or>~s ~~~~ot1N? &5 roea !NCLUSi\'E,OF J,1 ~'Wt 'Iii: t ?tmj
l!W<4-~ ~M(J,,11), 1l PAJl'Tlli>~lP, ltttXE.a
lh'i IWU~'EU'":rn.~. l)C..., A ~rrCl'-, "~
_A,~~ a-~;;:~
t.."JCVIMlll.E, f!~ .• ~t.~li((l;, <"Mt>.~
~~.wfuu.lt~~~~~;1:~. --IY.< 1~'-n'N.11. cxntno~~. 1~ , to CJ111~t0!>. c-.r:t.7.1>1 t~
·-IS/ _
QUI$~~~~~~~~::~
l(A.s f'ld;r,1..'t'!r. n I~ ti< L."'i;i.'~ }!I {l!f\:CH::W Ao.[> !..IS (t:Ji.:l'ttJl> m:)l
"lf!ThlH:Ml'.,.(!t:U.".)':<"1S:n.·T1~Sler>t\lTSl1f'01\l"
: 11*:' 9J'l'.:t'f:"f"(lf' Ch' ~~IHI'.'> ttll. U\ A.UhHT;
l'T\<; l•t~~J.l. i.n.t· ~'l'-.'t\.'\71).?. 'f U>«W?!'. 1'f71!1-'
1r.U"'S.."":k w.>"MTl"•'t,'ff 0 ;<.i..;
.... rcu.1N ~-•<1••
... ~:::::!:.:':.::;:..";;,,,"
no"\rt C1 ~Im-em.
!;:!Xfi'O: ~ lt~"-~-~
PORTIONS OF PARCEL I IN AND
ADJACENT TO NATURAL DRAINAGE
COURSES ARE SUBJECT TO FLOOD HAZARD •
H-62
::
se.u: •"• l()d
I
r
l
I·:;. r;-• A /.jl '6 ..,-
PARCEL MAP N0.12715
IN THE CITY Of' RANCHO PALOS VERDES
ST1.TEOFCAUFO!lN!A
ee:rwa A. 'C"llJe.tl\Vr=;ow O:F LOT' r~ OF mAGr N" ~~~ ;c.e:,.
~ '1-fi."-P Re'CO~ IN e.ool'<.14<:0.. ?..-..cir:E.3 £!6"ro 6C,
~u..l'atve,or MP.Pa.,~or~~-..N.c.~~.COJNT"'{
rn.£0.v.1m U.!SN:CQ.IS
1Wlr,ltl.C~R'1!3£R
St!l'i~
PORTIONS OF PARCEL I IN AND ADJACENT TO NATURAL
DRAINAGE COURSES ARE. SUBJECT 10 FLOOD HAZARD.
3o' W!Ct': E.A~Et1Elff n:i TH~ t'1tv ;JS ~ANt!f.ld.. '·
>">.ll.ll'S VS"Jr.:0(.:1 ~R 'AlBLte. A~l!.ll':!!'t;r "r"'l./.flR1s'4$j .... ···:_ ..
\
' ·-..I .. '
i \
( fm.VU>.'1'.-~i;.cS'\'t\tE:~"'M:.-Nlef;(f·~~\~~ANtl ·-~~=~~~~ (~T~lO .. ;!)~~Nbl~lt"'fO•'l22efl.lC:fl
JNiO\e.i..'T'S!'J&."THlt ~~Ol""n4!..i ...... NO
o.l(.:\NO. ~~V\OIU> T3'( T\ot1~ l'\la. .....
····--~~cii~~~g~~~~~~~
H-63
EXHIBIT 8
PARTNERSHIP GRANT DEED
(3 pages)
P.C. Resolution No. 2014-11
Page 7of7
H-64
-···-~--------------= ~
•~~HO HQUEIJ'tc.o SY -
r ~i~on, !?!a!!l:tor. liO>od~:::d.. .,
Quinn .;. R!;rssi
· -707 Wihhii:~ Blvd.• -40th Floo
;,;,_,-~-t..o~ Angol~~. Cali£. 9001?
· · ::-:-: L~tt."): ~tl:v;:ny .:!. • :i.o~111., a~~
r ·----
l
•
l
' !
t•
'Th< 11~d sr~dduf"t~<i:r.
0.X11ir-4r.t.10 u~J!""u" isS_.:;;~=!o::..--_____ __.
\ h:J;1mpi:tedon fuu~oe~,.~·"'"
l I n>rnputC'!! <'A fufl .. ~ ~1-~illlMt ott1.r1>1&Cd~1~.tt*of't.ale..
c Jtim~'l'Jt('dm:~:l )0Gt1d ~W:ll. roos Vet~H ,.-s
fOR A VALUABLE CONSll)Eff~Tlo.-., ~Gf~i.lbmb:tad~,
CFPV ASSCX::V.~e5 LTD.
• li= i t.ed ~:tsc11brp «11t.l:IUt:4 l!lllderthcbwsofthc ~ot Cali fo.n\iA
h1:1 =b.r OR>.."lTS SD
the! 1.XC-."i11tl dcl.(ribl:d n:al ptPSlert)'•nt'!K
O>u!tiTol' LOS Ani;Jllli!t! • "$tllrofC'.11ifl.'lmia,
An easement 4Cross ttutt ecrta.iQ ~~at proporty described in Exhibit
.. A .. attac::ht:id hel:'eto and llll\de a part be:rcof~ for tho p\U:"pcn1es of
e~tending aca<:hvic\I P:dve £or ~ublS.~ •ceesa and/or: :road purp<>.1!11'!51
RES£RVING, however, un.~o G.rantor en<! :I.ea auccesso~• il'l interest..
a license !or GraIJtQ:c and its st.u::cesaorA i~ !nt;ere~t to. use &rt.d
OCC!UPY s.::iid real property for the ;r1nrpiues allthci:-izedi by Conditiono.l
lJEe Petmit No. 62 issued by ~£! Cit.y ot ItanchO Palo• Vcrdcus until
~ueh time as Grantee shall record A notice J:eYO'Jc.inq aaid 11<:enue.
!:>ti.rd: •..
st'ATit Ot CAUFOltN?A }
CIOlt>rr\'OP - -~ ------:is.
On . --~ . -------bd«i&l!rill 111161r-
~ • .1 HGW'I' ~ iJt lod lot .. ~ !bit, ~IJr ~ -------·--·----· ... _._...... ____ _ ________ ,.,..._ ...... __ ---.... -..... -
---.......--------.. ---~--
k:lo!!1! IO Im lo br. • .• -• ~ - . "'Ille ~-0( ~
f>41Wnhlp IJlal ~Ltd Ille ll'lQ.itl ID:«l'lllllfllf. u4 tlClH'lo~
io -Uqt ~ F"IUWl~ip .. ~!lie-·
Wl'tNESS m, !MM L!1d ~ml •a.I.
I
H-65
i u
.,
l
1
I r+
I 11 I ii ~
; "
'.:!>
~ t,O
•I ~ t
f I it::)r /'. co---
.. .c ..... ... ......
. ... ..
.... c ., i
'I.Jo .. • ..... .. .....
• 'i'
"L
: '!"'
...
..... -...
...... .... ...
Olm! 'ad
J • ,I!. -1 J. ..
t .! ... ... ... .... :l'i "'J: -!. t -,,... ..: ..... • ! -• i: :!" ..Ill ..
i
"" ~ • t .....
i J
~
J: ' ' -i
~
i:N
?.~
~~
~ -i
o~ mU
ct ...... 1
~
.. ... ... .
l ......
.1
• .,. -i
e ......
c
l4
&
...... i ... .. -i '2 I . r I z --... w , .... ... .. :':i~fi~ i .-..
' 1 ...--1e;,; ;: 1i
II!! t • I: 1<.!Slf t* -... f .... .. cs, .-.!. J t --'!!'
i> ' .f.
,. ..
...I: :.! ...
'
.
I
I -•
.....
• I
• r I k
I • : • I
: I
H-66
EXMlB!.T .. A.
Dt":SCRI?"rIO~; 1t'H.E I.A.~!:> a.£:.FJ::iUU:D TO HE.R£!N iS SITUATED IN
LOS A~GEL.f:S COUNTY, STATE or CALIFOR..~!A, A.1itP IS DESCRIB£0
AS FOL:t..O'WS:::
me :r:AST.E'.~Y 91 FEET 4 INCHES OP' LOT !l Or '!'?AC"? NO. 30J.l9,
IN T'..tE .COOlr?Y OP' LOS .A . .NGeU:S .. STA':'E Of' CALIF0?.!-'111' • .t AS PER 0
:tU..P FlU:O I~ BOO:K 746 .. PAG'E'.S SS TO 88 OF MA.PS, IN THE OFf"lO:
OF TH& COUNTY REC'OR.Dt:R OF SA'IO C.Otm"!'Y.
Tlt£. WESTF;.RLY LINE Of' SAID £1\S':rERLY !11 F'E:6T 4 lNCU~ l.S TO
B:E: CO!tS':tR.UC'!£D PAP'At.t.£L i\ND/O::::t com::mn'R:I(: lfi.Xli '!HE ~STElU..Y
LI~E Of SAI'o LOT 12.
"E.XC&PT FRO>!. "!HA'T FO.RTION OF SAID lJ\'!lD L~I:iG lt'l'l'HZN THE LINES
OF 'tHE LAND D&SCRl BED Ili 'f'll£ DE:EO TO OCE.1\Nlt.RUJl't tNC .. ~ RE-COR.OEO
!"'J\'i H, 1953 l1i BOOK 4171'8 PAGE l OF OFFI:CtAL ~ECOROSr Tn!:
lh.'1:'EREST 11'1 ALL OlL,, GAS w HYI>Roc.MU30N A..~t> i'ETftO:t.EUK SUBS'l'MICES
.NU) Ml?ffiAALS t:.;,, t.'Nt>.ER,, Am:> UPON S;\lD LJUtll" ;.:tn At.L RIGtiTS OF -
OWNERSlU.? !~ ShID OIL, ¥';A$,. if'it>ROCARBON A:N!) PaT::fOL£UK SUSSTANCES
A.tiO ?'!INEAALSr WHIO! 'WAS J'\!!SER'!/£D l:N D:EEJ) FROM P:J:.OS 'VERDES
CORPOAA"l'IOU, A D!!'LA'WAR.S CO.RP'OAA'l't.00.,. JtteOttDSD M:A'i 14.,, 1953
ltl :eO'.'.H'. 4l1UI PAGE 1 OF OFFIC:tAt. RECORDS, li'MICH pqovtots
'l'HAT CRAS'.!'()R. I.TS succ.essaRS i..t."D ASSIGNS SAALL NO'l" .ac: Et:TlTL;::,)
TO ENTER UPON ":HE: StlRFA.... ... ._. 1%.~:y OF' SATO. tn:~L PROi>:ti:RTr • NOR
UPON 011. TH~UGH A.."tY POltTlOH {}1 SAID-REat, PKOP&RT1 liITHtN
200 .. oa FEET 0!" T.H& SUJU'Ai:!:I? TK£.:R501'", FOR 1?.ff.E PURPOSE ()T :ex-
PLO'RUl.G OR D'R!l.l,U~ FOR on .. ,. GAS. Hl'l>ROCJ.'MiON OR PETROLEUM
SUBS'l' A..~Cli!S OR !ii!iEAAI.S.
sa-90o95o
H-67
RESOLUTION 2010-08
MITIGATED NEGATIVE DECLARATION
H-68
RESOLUTION NO. 2010-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES CERTIFYING A MITIGATED NEGATIVE DECLARATION
MAKING CERTAIN ENVIRONMENTAL FINDINGS IN ASSOCIATION WITH
AN ENVIRONMENTAL ASSESSMENT, FOR CASE NOS. SUB2008-00001
AND ZON2008-0007 4 THRU ·00078 FOR A PROPOSED 4-LOT
SUBDIVISION TO ACCOMMODATE CONSTRUCTION OF FOUR NEW
SINGLE-FAMILY RESIDENCES ON THE FOUR NEW LOTS; LOCATED AT
32639 NANTASKET DRIVE, WHICH IS ON THE WEST SIDE OF
NANTASKET DRIVE BETWEEN BEACHVIEW DRIVE AND SEACOVE
DRIVE IN THE CITY'S COASTAL ZONE (APN 7573-014-013).
WHEREAS, on September26, 2006, November 14, 2006, January9, 2007, March
13, 2007, and March 27, 2007, the Planning Commission considered Case Nos. ZON2005-
00536 and ZON2006-00180 thru -00182 for a proposed General Plan Land Use
Designation Change from Commerciaf to Residential, a Coastal Specific Plan Land Use
Designation Change from Agricultural to Residential, a Zone Change from CR {Commercial
Recreational) to RS-4 (Single-Family Residential), a 5-lot subdivision and deve.lopment of
five singfe .. family residences on the subject property, which is a vacant parcel located at
32639 Nantasket Drive, between Beachview Drive and Seacove Drive (APN 7573-014~
013); and,
WHEREAS, on April 24, 2007. the Planning Commission adopted PC Resolution
Nos. 2007-29, 2007-30 and 2007-31, recommending that the City Council certify the
Mitigated Negative Declaration;. approve the Land Use Designation changes to Residential;
approve the Zone Change to RS4 (Single-Family Residential); approve the s·ingle..family
residences on Lots 1 and 2; and deny the single-family residences on Lots 3, 4, and 5 due
to these residences not being compatible with the immediate neighborhood with regards to
bulk and mass; and,
WHEREAS, on May 15, 2007, the proposed project, along with the Planning
Commission's April 24, 2007 recommendations were presented to the City Council for
consideration. After hearing public testimony and discussing the merits of the project, the
City Council denied the applications and remanded the item back to the Planning
Commission with instructions that consideration be given to rezone the subject property
from Commercial Recreational to RS-2 or RS-3. which are less dense residential zoning
districts than the Planning Commission's recommendation to rezone the subject property to
RS-4; and,
WHEREAS, in response to the City Council's May 15, 2007 directive, the property
owner/applicant submitted new applications on January 31, 2008, which are the same
·application types submitted in 2006 and 2007. However, the current January 31, 2008
proposal includes a zone change to RS-3 instead of RS-4, which is a lower density; a 4-lot
subdivision and residential development instead of a 5-lot subdivision; Height Variation
applications for Lots 3 and 4 to exceed the 164oot height limit; a Grading Permit for a total
H-69
of 4,02$ cubic yards of grading to facilitate the construction of the new residences on the
four new lots; and, continues to propose a General Plan Land Use Designation Change
from Commercial to Residential, a Coastal Specific Plan Land Use Designation Change
from Agricultural to Residential, a Variance to allow the RS-3 zoned lots to maintain a lot
depth of 93' instead of the 110' lot depth requirement; and, a Coastal Permit for the
development project proposed within the City's Coastal Zone {hereinafter referred to as
Case Nos. SUB2008-00001 and ZON2008-00074 thru -00078); and,
WHEREAS, on February 25, 2008, Case Nos. SUB2008-00001 and ZON2008-
0007 4 thru -00078 were deemed incomplete pending the submittal of additional
information; and,
WHEREAS, after submittal of additional information, including construction and
certification of the required temporary silhouettes, on September 29, 2009 the applications
were deemed to be generally complete for processing; and,
WHEREAS, pursuant to the provision of the California Environmental Quality Act,
Public Resources Code Section 21000 et.seq. ("CEQA"), the State's CEQA Guidelines,
California Code of Regulation, Title 14, Section 15000 etseq., the City's Local CEQA
Guidelines, and Government Code Section 65962.5(F)(Hazardous Waste and Substances
Statement), the City of Rancho Palos Verdes prepared an Initial Study and determined
that, by incorporating mitigation measures into the Negative Declaration, there is no
substantial evidence that the approval of Case Nos. SU82008~00001 and ZON2008-0007 4
thru ~00078, otherwise known as General Plan Amendment, Zone Change, Coastal
Specific Plan Amendment, Vesting Parcel Map, Variance, Coastal Permit, Grading, and
Height Variations. would result in a significant adverse effect on the environment.
Accordingly, a Draft M'ltigated Negative Declaration was prepared and notice of that fact
was given in the manner required by law; and,
WHEREAS, the Mitigated Negative Declaration and Initial Study were prepared and
circulated for public review between October 2, 2009 and November 10, 2009; and 1
WHEREAS, on October 2, 2009, the City mailed notices to all property owners
within a 500-foot radius from the subject property, including the Sea Bluff HOA, informing
them of the Planning Commission hearing to consider the pending development
applications. Further. the notice was published in the Peninsula News on October 8. 2009.
WHEREAS, in accordance with the requirements of CEQA, a Mitigation Monitoring
program has been prepared, and is attached to the Environmental Assessment and
Resolution as Exhibit "A"; and,
WHEREAS, copies of the draft Mitigated Negative Declaration were distributed to
the Planning Commission, and prior to taking action on the proposed development
proposal, the Planning Commission independently reviewed and considered the
information and findings contained in the Negative Declaration and determined that the
document was prepared in compliance with the requirements of CEQA and local
guidelines, with respect thereto; and,
1202733
Resolution No. 2010-08
Page2
H-70
WHEREAS, after issuing notices pursuant to the requirements of the Rancho Palos
Verdes Development Code and the State CEQA Guidelines, the Planning Commission
held a duly noticed public hearing on November 10, 2009, at which time all interested
parties were given an opportunity to be heard and present evidence; and,
WHEREAS, at a public hearing held on November 10, 2009, the Planning
Commission adopted P.C. Resolution No. 2009~47, recommending that the City Council
certify the Mitigated Negative Declaration for Case Nos. SUB2008-00001 and ZON2008-
00074 thru -00078; and,
WHEREAS, copies of the Mitigated Negative Declaration were distributed to the CitY
Councll and prior to taking action on the proposed project associated with Case Nos.
SUB2008-00001 and ZON2008-00074 thru -00078, the City Council independently
reviewed and considered the information and findings contained in the Mitigated Negative
Declaration and determined that the document was prepared in compliance with the
requirements of CEQA and local guidelines, with respect thereto; and,
WHEREAS, after issuing notice pursuant to the requirements of the City's
Development Code and the State CEQA Guidelines, the City Council of the City of Rancho
Palos Verdes held a public hearing on February2, 2010, at which time all interested parties
were given an opportunity to be heard and present evidence.
NOW, THEREFOREl THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
DOES HEREBY FJND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The proposed project is for a General Plan Amendmentto change the
land use designaoon from Commercial Recreational (CR} to Single-Family Residential. 2-
to4 dwelling units per acre; a Zone Change from CR to RS-3; Coastal Specific Plan
Amendment to change the land use designation from Agricultural to Residential;
subdivision of the existing 1.42-acre site to four single-family residential lots; development
of a single-family residence on each lot; a Variance to allow the four lots to maintain a lot
depth of 93', which is less than the 11 o· lot depth requirement for RS-3 zoned lots; a
Grading Permit tor approximately 4,028 cubic yards of total grading on all 4 lots to
accommodate the construction of a single-family residence on each lot; and Height
Variation Permits for the single-family residential structures on Lots 3 and 4 (the 2 lots
closest to Sea Cove Drive), to exceed the 161 building height requirement. The City
Council finds that the project would not result in significant adverse environmental impacts.
In making this finding, the City Council considered the project's mitigation measures that
address the issues of Aesthetics, Air Quality, Cultural Resources, Geology and Soils,
Hydrology and Water Quality, Noise, Public Services, and Transportation and Circulation.
Section 2: The City Council has independently reviewed and considered the
proposed Mitigated Negative Declaration, the public comments upon it, and other evidence
before the Council prior to taking action on the proposed project and finds that the
Mitigated Negative Declaration was prepared in the manner required by law and that there
1202733
Resolution No, 2010-08
Page3
H-71
is no substantial evidence that, with appropriate mitigation measures, the approval of Case
Nos. SUB2008~00001 and ZON2008-00074 thru -00078 would result in a significant
adverse effect upon the environment.
Section 3: There are no sensitive natural habitat areas on the subject site. Thus,
no site disturbance or alteration will result from the approval of Case Nos. SU82008-00001
and ZON2008-00074 thru -00078, and therefore, the project will have no individual or
cumulative adverse impacts upon resources, as defined in Section 711.2 of the State Fish
and Game Code.
Section 4: The Initial Study identified the following issue areas that may result in
a potentially significant environmental impact{s) as a result of the proposed project:
Aesthetics, Alr Quality, Cultural Resources, Geology and Soils, Hydrology and Water
Quality, Noise, Public Services, and Transportation and Circulation. However, with the
approptiate mitigation measures in the attached Mitigation Monitoring Program (Exhibit
"A"), which address impacts upon the aforementioned issue areas, the project will not have
a significant adverse environmental impact.
Section 5: For reasons discussed in the Initial Study, which is incorporated herein
by reference, the proposed project will not have any potential to achieve short-term, to the
disadvantage of long ... term, environmental goals, nor would the project have impacts which
are individually limited, but cumulatfvely considerable.
Section 6: The Lead Agency has consulted the lists compiled pursuant to Section
65962.5 of the Government Code, and has certified that the development project and any
alternatives proposed in this application are not included in these lists of known Hazardous
Waste and Substances Sites as compiled by the California Environmental Protection
Agency.
Section 7: Based upon the foregoing findings, the adoption of the proposed
Mitigated Negative Declaration is in the public interest.
Se.ction 8: The mitigation measures set forth in the Mitigation Monitoring
Program, Exhibit "A", attached hereto, are incorporated into the scope of the proposed
project. These measures will reduce potential significant impacts identified in the Initial
Study to a less than significant level.
Section 9: The time within which the 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 or other applicable shortened periods of limitation.
Section 1 O: For the foregoing reasons and based on the information and findings
included in the Staff Report, Environmental Assessment and other components of the
legislative record, in the proposed Mitigated Negative Declaration, and in the public
comments received by the Council, the City Council of the City of Rancho Palos Verdes
hereby certifies that the Mitigated Negative Declaration has been prepared in compliance
1202733
Resolution No. 2010-08
Page4
H-72
with CEQA, and therefore adopts the attached Mitigation Monitoring Program (Exhibit "A")
associated with Case Nos. SUB2008-00001 and ZON2008-0007 4 thru -00078 (General
Plan Amendment, Coastal Specific Plan Amendment, Zone Change, Vesting Tentative
Parcel Map, Variance, Grading Permit, Height Variations, and Coastal Permit).
PASSED, APPROVED, and ADOPTED this znd day of February 2010.
ATTEST:
Isl Carla MorreaJe
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
Isl Stefan Wolowicz
Mayor
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
above Resolution No. 2010~08 was duly and regularty passed and adopted by the said
City Council at a regular meeting held on February 2, 2010.
1202733
r!~~
City Clerk ----
Resolution No. 2010-08
Page5
H-73
Exhibit A
Mitigation Monitoring Program
Project: Case Nos. SUB2008-00001 and ZON2008-00074 thru -00078, a General Plan
Amendment, Coastal Specific Plan Amendment, Zone Change; Vesting Parcel
Map, Variance, Grading Permit, Height Variation, and Coastal Permit.
Location: Vacant Lat located at 32639 Nantasket Drive, on the west side of Nantasket
Drive, between Beachview Drive and Seacove Drive in the City's Coastal Zone
(APN7573-014-013), Rancho Palos Verdes, CA 90275
Applicant: Dana Ireland, 1 Seacove Drive, Rancho Palos Verdes, CA 90275
Landowner: Same.
TABLE OF CONTENTS
I. Introduction ................................................................................................. 2
Purpose ................................... ,,.,,, . ., ............................. " ..... ,., .. ·*····--·· ................. \0 ....... ~ ............................... "' .. •* ............. 2
Environmental Procedures ............................................................................. 2
Mitigation Monitoring Program Requirements •.•.••..•...••••.••..•...................•...•••.•..• 2
II. Management of the Mitigation Monitoring Program .............................................. 3
Roles and Responsibilities .............................................................................. 3
Mitigation and Monitoring Program Procedures ................................................... 3
Mitigation Monitoring Operations ...................................................................... 3
llL Mitigation Monitoring Program Checklist. .......................................................... .4
IV. Mitigation Monitoring Summary Table ................... , ............................................ 5
Page 1 Mitigation Monitoring Program
Resolution No. 2010~08
H-74
I. INTRODUCTION
PURPOSE
This Mitigation Monitoring Program (MMP) ls to allow the following project on a vacant lot
located at 32639 Nantasket Drive, which is on the west side of Nantasket Drive, between
Beachview Drive and Seacove Drive in the City's Coastal Zone (APN7573-014-013), in the City
of Rancho Palos Verdes:
A General Plan Amendment to change the Land Use Designation from Commercial
Recreational to Residential (2-4 d.u./ac); a Coastal Specific Plan Amendment to change
the Coastal Specific Plan Land Use Designation from Agriculture to Residential; a Zone
Change from CR to RS-3 (Single-Family Residential); a Vesting Parcel Map for a 4-lot
subdivision; a Variance to allow the RS-3 zoned lots to maintain a lot depth of 93'; a
Grading Permit for a total of 4,028 cubic yards of grading to facilitate the construction of
the four new single-family residences; Height Variation applications for the new single-
family residences on lots 3 and 4 that exceed the 16-foot height limit; and, a Coastal
Permit for the development project within the City's Coastal Zone.
The MMP responds to Section 21081.6 of the Public Resources Code, which requires a lead or
responsible agency that approves or carries out a project where a Mitigated Negative
Declaration has Identified significant environmental effects, to adopt a "reporting or monitoring
program for adopted or required changes to mitigate or avoid significant environmental effects."
The City of Rancho Palos Verdes is acting as lead agency for the project.
An Initial Study/Mitigated Negative Declaration was prepared to address the potential
environmental impacts of the project. Where appropriate, this environmental document
recommended mitigation measures to mitigate or avoid impacts identified. Consistent with
Section 21080 (2)(c) of the Public Resources Code, a mitigation reporting or monitoring program
is required to ensure that the adopted mitigation measures. under the jurisdiction of the City are
implemehted. The City will adopt this MMP when adopting the Mitigated Negative Declaration.
ENVIRONMENTAL PROCEDURES
This MMP has been prepared in accordance with the California Environmental Quality Act of
1970 (CEQA). as amended (Public Resources Code Section 21000 et seq.) and the State
Guidelines for Implementation of CEQA (CEQA Guidelines). as amended (California
Administrative Code Section 15000 et seq.). This MMP complies with the rules, regulations, and
procedures adopted by the City of Rancho Palos Verdes for implementation of CEQA.
MITIGATION MONITORING PROGRAM REQUIREMENTS
Section 21081.6 of the Public Resources Code states: 'When making the findings required by
subdivision (a) of Section 21081 or when adopting a negative declaration pursuant to paragraph
(2) of subdivision (c) of Section 21081. the public agency shall adopt a reporting or monitoring
program for the changes to the project which it has adopted or made a condition of project
approval in order to mitigate or avoid significant effects on the environment. The reporting or
monitoring program shall be designed to ensure compliance during project implementation. For
those changes which have been required or incorporated into the project at the request of an
agency having jurisdiction by Jaw over natural resources affected by the project, that agency
Page2 Mitigation Monitoring Program
Resolution No. 2010~08
H-75
shall, if so requested by the lead or responsible agency, prepare and submit a proposed
reporting or monitoring program."
II. MANAGEMENT OF THE MITIGATION MONITORING PROGRAM
ROLES AND RESPONSIBILITIES
The MMP for the project will be in place through all phases of the project including final design,
pre~grading, construction, and operation. The Citywlll have the primary enforcement role for the
mitigation measures.
MITIGATION MONITORING PROGRAM PROCEDURES
The mitigation monitoring procedures for this MMP consists of, filing requirements, and
compliance verification. The Mitigation Monitoring Checklist and procedures for its use are
outlined below.
Mitigation Monitoring Program Checklist
The MMP CheckUst provides a comprehensive list of the required mitigation measures. In
addition, the Mitigation Monitoring Checklist includes: the imp.lementlng action when the
mitigation measure will occur; the method of verification of compliance; the timing of verification;
the department or agency responsible for implementing the mitigation measures; and
compliance verification. Section Ill provides the MMP Checklist.
Mitigation Monitoring Program Files
Files shall be established to document and retain the records of this MMP. The files shall be
established. organized, and retained by the City of Rancho Palos Verdes department of
Planning, Building, and Code Enforcement.
Compliance Verification
The MMP Checklist shall be signed when compliance of the mitigation measure is met
according to the City of Rancho Palos Verdes Director of Planning, Building., and Code
Enforcement. The compliance verification section of the MMP Checklist shall be signed, for
mitigation measures requiring ongoing monitoring, and when the monitoring of a mitigation
measure is completed.
MITIGATION MONITORING OPERATIONS
The following steps shall be followed for implementation, monitoring, and verification of each
mitigation measure:
1. The City of Rancho Palos Verdes, Director of Planning, Building, and Code Enforcement
shall designate a party responsible for monitoring of the mitigation measures.
Page3 Mitigation Monitoring Program
Resolution No. 2010-08
H-76
2. The City of Rancho Palos Verdes, Director of Planning, Building, and Code Enforcement
shall provide to the party responsible for the monitoring of a given mitigation measure, a
copy of the MMP Checklist indicating the mitigation measures for which the person is
responsible and other pertinent Information.
3. The party responsible for monitoring shall then verify compliance and sign the
Compliance Verification column of the MMP Checklist for the appropriate mitigation
measures.
Mitigation measures shall be implemented as specified by the MMP Checklist. During any
project phase, unanticipated circumstances may arise requiring the refinement or addition of
mitigation measures. The City of Rancho Palos Verdes, Director of Planning, Building, and
Code Enforcement with advice from Staff or another City department, is responsible for
recommending changes to the mitigation measures, if needed. If mitigation measures are
refined, the Director of Planning, Building, and Code Enforcement would document the change
and shall notify the appropriate design, construction, or operations personnel about refined
requirements.
III. MITIGATION MONITORING PROGRAM CHECKLIST
INTRODUCTION
This section provides the MMP Checklist for the project as approved by the Planning
Commission of the City of Ranoho Palos Verdes on December 11. 2008. Mitigation measures
are listed In the order in which they appear in the Initial Study.
*
*
Types of measures are project design, construction, operational, or cumulative.
Time of Implementation indicates when the measure is to be implemented.
Responsible Entity indicates who is responsible for implementation.
Compliance Verification provides space for future reference and notation that
compliance has been monitored, verified, and is consistent with these mitigation
measures.
Page4 Mitigation Monitoring Program
Resolution No. 2010-08
H-77
MITIGATION MEASURES
1. AESTHETICS
A-1: Exterior residential lighting shall be in compliance
with the standards of Section 17.56.030 ofthe Rancho
Palos Verdes Development Code. No outdoor lighting
is permitted where the light source Is directed toward
or results in direct illumlhation of a parcel of property
or properties other than upon which such light Is
physically located.
:,J,,,AfR,QUAli.ll?/\
AQ-1: During construction the owner shall ensure that
the unpaved construction areas are watered at least
twice a day during excavation and construction to
reduce dust emissions and meet SCAQMD Rule 403
which prohibits dust clouds to be visible beyond the
project site boundaries.
AQ--2: During construction the owner shall ensure that
all cfearing, grading, earth moving or demolition
activities shall be discontinued during periods of high
winds (i.e., greater than 30 mph), so as to prevent
excessive amounts of dust.
AQ-3: During constructfon of any improvements
associated with the subdivision, the owner shall ensure
that General contractors shall maintain and operate
construction equipment so as to minimize exhaust
emissions.
AQ-4: A weatherproof notice/sign setting forth the
name of the person(s) responsible for the construction
site and a phone number(s) to be called in the event
that dust ts visible from the site as described; in
mittgation measure AQ-1 above, shall be posted and
prominently displayed on the construction fencing.
TYPE
Project Design
I Operational
Construction
Construet!on
Construction
Construction
TIME OF
IMPLEMENTATION
Prior to building permit final,
and on-going
On-going during construction
On-going during construction
On-going during construction
On-going during construction
Pages Mitigation Monitoring Program
Resolution No. 2010-08
RESPONSIBLE
ENTITY
Property Owner I
applicant.
Property Owner I
Applicant
Property Owner I
Applicant
Property Owner I
Applicant
Property Owner I
Applicant
COMPLIANCE
VERIFICATION
Department of
Planning, Building and
Code Enforcement.
Department of
Planning, Building and
Code Enforcement.
Department of
Planning, Buildlng and
Code Enforcement.
Department of
Planning, Building and
Code Enforcement.
Department of
Planning, Building and
Code Enforcement.
H
-
7
8
MITIGATION MEASURES
CR-1: Prior to the commencement of grading, the
applicant shall retain a qualified paleontologist and
archeologist to monitor grading and excavation. ln the
event undetected buried cultural resources are
encountered during grading and excavation, work shall
be halted or diverted from the resource area and the
archeologist and/or paleontologist shall evatuate the
remains and propose appropriate mitfgation measures.
GE0-1: The applicant shall ensure that all appilcable
conditions as specified within the geotechnical report
and all measures required by the City Geologist are
incorporated into the project.
GE0-2: Prior to building permit issuance. the applicant
shall prepare an erosion control plan for the review and
approval of the Building Official. The applicant shall be
responsible for continuous and effective
implementation of the erosion control plan during
project construction.
~ii~'
HWQ-1: Subject to review and approvaf of the
Public Works and Building and Safety Departments and
prior to the issuance of grading permits, the project
applicant shall submit a storm water management plan
which shows the on-site and off-site storm water
conveyance systems that will be constructed by the
project proponent for the purpose of safely conveying
storm water off the project site. These drainage
structures shall be designed in accordance with the
most current standards and criteria of the City Engineer
TYPE
Construction
Construction
Construction
Project Design
TIME OF
IMPLEMENTATION
Prior to issuance of building
and/or grading permit
Prior to issuance of building
and/or gradlng permit.
Prior to issuance of building
and/or grading permit.
Prior to issuance of building
and/or grading permit.
Page6 Mitigation Monitoring Program
Resolution No. 201Q..08
RESPONSIBLE
ENTITY
Property Owner I
Applicant
Property Owner I
applicant
Property Owner I
applicant.
Pr-0perty Owner I
applicant.
COMPLIANCE
VERIFICATION
Department of
Planning, Building and
Code Enforcement
Department of
Planning, Building and
Code Enforcement
Department of
Planning, Building and
Code Enforcement.
Public Works
Department, and
the Department of
Planning, Bulfding and
Code Enforcement.
H
-
7
9
MITIGATION MEASURES
and Los Angeles County Department of Public Works to
ensure that adequate drainage capacity is maintained.
The plan shall also show whether existing storm water
facilities off the site are adequate to convey storm flows
and what additional improvements to these existing
facilities are required by the project applicant to ensure
these facilitfes will be adequate to meet the needs of
this project. Prior to the issuance of any building permits
for any of the proposed residences, the project
applicant shall Install/Improve such facilities to the
satisfaction of the Director of Public Works and the City
Building Official.
HWQ-2: The project shall comply with the requirements
of the statewide National Pollutant Discharge
Elimination System {NPDES) General Permit for Storm
Water Discharges Associated with Construction Activity
to prevent storm water pollution from impacting waters
of the U.S. in the vicinity of the project site.
HWQ-3: ln accordance with the Clean Water Act, the
project applicant shall coordinate with the Regional
Water Quality Control Board {RWQCB) regarding the
required National Pollutant Discharge Elimination
System (NPDES) permit for the project. The project
applicant shall obtain this permit and provide the City
with proof of the permit before any site grading begins.
HWQ-4: Appropriate Best Management Practices
(BMP), including sandbags shall be used by the project
applicant to help control runoff from the project site
during project construction activities. Measures to be
used shall be approved by the City Englneer before a
Grading Permit is issued for the project.
TYPE
Project design
and
operational
Project design
Construction
TIME OF
IMPLl2MENTATION
On-going
Prior to building and/or
grading permit issuance
On-going during construction
Page7 Mitigation Monitoring Program
Resolution No. 2010-08
RESPONSIBLE
ENTITY
Property Owner I
applicant
Property Owner I
applicant
Property Owner I
applicant
COMPLIANCE
VERIFICATION
Department of
Plannlng, Building and
Code Enforcement
Department of
Planning, Building and
Code Enforcement
Department of
Planning, Building and
Code Enforcement
H
-
8
0
MITIGATION MEASURES
N-1: Demolition, grading and construction activities
shall be limited to the hours of 7:00am and 7:00pm,
Monday through Saturday. There shall be no
construction on Sundays orfederallyobserved holidays.
N-2: During demolition, construction and/or grading
operations, trucks shaff not park~ queue and/or idle at
the project site or in the adjoining public: rights.-of ~
before 7:eo AM, Monday through Saturday. in
accordance with the permitted hours of construcb"On
stated above.
,·;~
PS-1: As there is no park or recreational facility
designated in the general plan to be located In whole or
in part within the proposed subdivision to serve the
immediate and future needs of the residents of the
subdivision, the project applicant shall, In lieu of
dedicating land, pay a fee equal to the value of the land
prescribed for dedication in Section 16.20. t00.0 and in
an amount determined in accordance with the
rovisions of Section 16.20 .• 100.G.
T~1: Prior to the issuance of a grading permit for the
project, the project applicant shall prepare a haul route
plan for approval by the City's Public Works
Department. The project applrcantshall also be required
to post a bond with the City in an amount determined by
the Public Works Department that wm PTQvtde for thta
TVPE
Construction
Oonstrt.Jctlon
PrOJect Design
Construction
TIME Of
IMPLEMENTATION
On~going.
On-going.
Prior to Reoordatlon of Final
Map
Prior to building and/or
grading permit issuance
Page8 Mitigation Monitoring Program
Resolution No. 2010-08
RESPONStBLe
ENTITY
Property Owner I
applicant.
Property Owner I
applicant
Property Owner I
applicant
Property Owner I
applicant.
Department of
Planning, Building and
Code Enforcement.
Department of
Planning, Building and
code Enforcement.
Department of
Planning, Building and
Code Enforcement.
Public Works
Department, and
the Department of
Planning, Building and
Code Enforcement.
H
-
8
1
MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE
IMPLEMENTATION ENTITY VERIFICATION
repair of City streets damaged by the haulfng of soil
away from the project site.
Page 9 Mltrgation Monitoring Program
Resolution No. 2010-08
H
-
8
2