RPVCCA_CC_SR_2014_06_03_I_Sewer_Easement_Deed_6847_Alta_VistaCITY OF RANCHO PALOS VERDES
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
HONORABLE MAYOR & CITY COUNCIL MEMBERS
JOEL ROJAS, COMMUNITY DE'WPfiENT DIRECTOR
JUNE 3, 2014 u -
ACCEPTANCE OF A SEWER EASEMENT DEED TO PROVIDE
ADDITIONAL EASEMENT AREA TO ALLOW
RECONFIGURATION OF AN EXISTING SEWER LINE IN THE
REAR YARD OF 6847 ALTA VISTA (CASE NO. ZON2013-00494).
REVIEWED: CAROLYNN PETRU, ACTING CITY MANAGER~
Project Manager: So Kim, Associate Planner ~
RECOMMENDATION
1) Adopt Resolution No. 2014-_, accepting a sewer easement deed for additional
easement area that would allow reconfiguration of an existing sewer line in the rear
yard of 6847 Alta Vista.
2) Direct the City Clerk to record a Notice of Exemption and the subject sewer easement
deed for 6847 Alta Vista with the Los Angeles County Recorder, returning a copy of the
resolution to the Community Development Department.
BACKGROUND
On January 17, 2014, the Director approved a Site Plan Review application, allowing the
construction of a 31 Oft2 balcony to the rear of the residence with a 22ft2 enclosed storage
area and fireplace underneath. Since these improvements were proposed over a portion
of an existing sewer easement, a condition of approval was imposed, requiring the
applicant to obtain the City Council's approval of the easement reconfiguration prior to
building permit issuance.
On May 1, 2014, a public notice was inadvertently published in the Peninsula News on May
20, 2014 for the proposed easement reconfiguration. This item was not ready for
discussion at that time and thus removed from the agenda at Staff's request. Additionally,
30940 HAWTHORNE BLVD./ RANCHO PALOS VERDES, CA 90275-5391
PLANNING & CODE ENFORCEMENT DIVISION (310) 544-5228 I BUILDING & SAFETY DIVISION (310) 265-7800 I DEPT FAX (310) 544-5293
E-MAIL: PLANNING@RPV.COM I WWWPALOSVERDES .COM/RPV I-1
it was later determined that this request does not require a public hearing. Therefore, this
item is now before the City Council on the consent calendar.
SITE & PROJECT DESCRIPTION
The subject property and the surrounding parcels were created as part of a Residential
Planned Development (Tract No. 32673) in 1977. This property is Lot 17, located near the
southwest corner of Tract 32673 . At the time the tract was created , two separate 1 O' wide
sanitary sewer easements were placed on the lot. One runs along the southerly side
property line and the other is runs roughly parallel to the westerly property line along the
entire width of the property, as shown in the diagram below.
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N G6"39'1TE
LOTl7
TRACT No. 32073
M.B. H75-ffi.e2
197.(19'
{BB47 ALTAVISTA DRIVE)
EXISTING
EASEMENT
--------------
PROPOSED NEW SANITARY SEWER EASEMENT
----
The applicant is proposing to reconfigure the existing sewer easement to ultimately realign
the existing sewer line (see hatched area in the diagram above) in order to accommodate
future improvements to the existing residence . However, given that the sewer line is
currently in use, the proposal will go through a 3-step process. Tonight is a request for
Step 1 of the process detailed below.
Step 1: Deed the additional needed easement area to the City,
Step 2: Obtain both Los Angeles County and City's Public Works "final" approval of
the realignment and move the sewer line,
Step 3: Request City Council approval to vacate the portion of the existing sewer
easement that will be abandoned as a result of the sewer line reconfiguration.
Since the City has ownership of the sewer easements and the actual sewer line running
within the easement, while Los Angeles County is responsible for the maintenance and
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repair of the sewer line, the applicant will need to obtain approvals from both the City and
the County to realign the sewer line. Both the Los Angeles County Sewer Maintenance
Division and the City's Public Works Department have reviewed and "conceptually"
approved the proposed sewer line/easement reconfiguration at this time. Given both
agencies' in-concept approval, Staff recommends that the City Council accept the
easement deed, allowing the applicant to move forward with the sewer line reconfiguration
process.
FISCAL IMPACT
None.
ADDITIONAL INFORMATION
California Environmental Quality Act (CEQA)
This easement acquisition is exempt, pursuant to CEQA guidelines Section 15305, Minor
Alterations in Land Use Limitations. This Class 5 exemption consists of minor alterations in
land use limitations in areas with an average slope of less than 20%, which do not result in
any changes in land use or density.
ALTERNATIVES
In addition to Staff's recommendation, the following alternatives are available for the City
Council's consideration:
1. Identify any issues of concern and continue the request to a future meeting to allow
Staff and/or the applicant to provide additional information; or,
2. Do not accept the sewer easement deed from the property owner of 6847 Alta Vista;
thereby denying the reconfiguration of the existing sewer line.
ATTACHMENTS
Resolution No. 2014-
Easement Deed
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C.C. RESOLUTION NO. 2014-
A RESOLUTION OF THE COUNCIL OF THE CITY OF RANCHO
PALOS VERDES ACCEPTING A SEWER EASEMENT DEED
FOR ADDITIONAL AREA TO RECONFIGURE AN EXISTING
SEWER LINE IN THE REAR YARD OF 6847 ALTA VISTA (CASE
NO. ZON2013-00494).
WHEREAS, on January 17, 2014, the Director approved a Site Plan Review
application, allowing the construction of a 31 Oft2 balcony to the rear of the residence
with a 22ft2 enclosed storage area and fireplace underneath. These improvements
were approved over a portion of an existing sewer easement. As such, a condition of
approval was tied to the application, requiring the applicant to obtain the City Council's
approval of the easement reconfiguration prior to building permit issuance; and,
WHEREAS, the applicant drafted an easement deed, which is attached hereto as
Exhibit "A" and incorporated herein by this reference; and,
WHEREAS, on May 1, 2014 a public notice was inadvertently published in the
Peninsula News on May 20, 2014 for the proposed easement reconfiguration. This item
was not ready for discussion at that time and thus removed from the agenda at Staff's
request; and,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1. The City Council hereby specifically finds that all of the facts set
forth in the recitals of this Resolution are true and correct and hereby incorporates these
facts into this Resolution by this reference.
Section 2. The City Manager or the Community Development Director of the
City are hereby duly authorized to accept the above-referenced easement agreement
and record it on behalf of the City by executing Exhibit "A."
C.C. Resolution No. 2014 -
Page 1 of 3
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PASSED, APPROVED AND ADOPTED this 3rd day of June 2014 .
Mayor
Attest:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
above Resolution No. 2012-_ was duly and regularly passed and adopted by the
said City Council at a regular meeting held on October 16, 2012.
City Clerk
C.C. Resolution No. 2014 -
Page 2 of 3 I-5
Exhibit "A": Easement Deed
C.C. Resolution No. 2014 -_
Page 3 of 3 I-6
Recording Requested by:
When Recorded Mail to:
City Clerk
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
EASEMENT DEED
For valuable consideration, receipt of which is hereby acknowledged,
Frank S.P. Yang and Sandy Wen-Pei Yang, as Co-Trustees of the Yang Living Trust, established
April 16, 2012
do( es) hereby grant to
The City of Rancho Palos Verdes, a Municipal Corporation
a perpetual easement and right-of-way for, and the right to construct, operate, maintain, repair and use,
or to reconstruct, a SANITARY SEWER AND RELATED APPURTENANCES, under and across
that certain real property situated in the City of Rancho Palos Verdes, County of Los Angeles, State of
California, and more particularly described as follows:
SEE EXHIBITS "A & B" ATTACHED HERETO AND INCORPORATED HEREIN BY THIS
REFERENCE
Together with the right to enter upon and to pass and repass over and along said easement and right-of-
way and to deposit tools, implements and other materials thereon, by said Grantee, its officers, agents
and employees and by any contractor, his agents and employees, engaged by said Grantee, whenever
and wherever necessary for the purposes above set forth.
Dated this __ day of _______ 2014 Sign: ____________ _
Print:
(All signatures must be notarized)
Sign: ____________ _
Print:
Owner's Address:
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ACKNOWLEDGMENT
STATE OF CALIFORNIA
ON~~~~~~~~~~~-BEFOREME,~~~~~~~~~~~~~~~~~~~_.
A NOTARY PUBLIC, PERSONALLY APPEARED __________________ _
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the persons(s) acted,
executed the instrument.
I CERTIFY UNDER PENAL TY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE
FOREGOING PARAGRAPH IS TRUE AND CORRECT.
WITNESS MY HAND AND OFFICIAL SEAL.
SIGNATURE
This acknowledgment is attached to the following document:
Title of Document:
Number of Pages:
Dated:
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EXHIBIT "A"
Being a portion of Lot 17, Tract No. 32673, in the City of Rancho Palos Verdes, County of
Los Angeles, State of California, as per Map recorded in Book 875, Pages 60 through 62,
inclusive of Maps, in the office of the County Recorder of sa id County; the Centerline of a
ten (10) foot strip of land described as follows:
Beginning at the Southeasterly corner of said Lot 17; thence Southwesterly along the
Southeasterly line of said Lot 17 a distance of 201.33 feet to the Point of Beginning; thence
North 23 Degrees 21 Minutes 20 Seconds West a distance of 42.00 feet; thence North 66
Degrees 39 Minutes 00 Seconds East a distance of 14.00 feet. The sidelines of said ten
(10) foot strip to be lengthened or shortened to terminate with the Southerly line of said Lot
17.
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EXHIBIT "B"
N 66°39'17"E 197.09'
LOT 17
TRACT No. 32673
M.B. 875-60-62
(6847 ALTA VISTA DRIVE)
EXISTING
EASEMENT
------------------CENTERLINE OF
NEW 10' WIDE
EASEMENT
L -------------------
N°s1 •04'30"E
SOUTHEAST
CORNER OF 17
PROPOSED NEW SANITARY SEWER EASEMENT
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