PC RES 2019-013 P.C. RESOLUTION NO. 2019-13
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES CONDITIONALLY APPROVING
VESTING TENTATIVE PARCEL MAP NO. 72981 TO ALLOW THE
SUBDIVISION OF AN EXISTING 43,510ft2 LOT INTO TWO
SEPARATE RESIDENTIAL LOTS MEASURING 23,485ft2 (LOT
NO. 1) AND 20,025ft2 (LOT NO. 2) IN SIZE LOCATED AT 29065
PALOS VERDES DRIVE EAST (CASE NO. SUB2014-00005)
WHEREAS, on July 22, 2014, Ron Hale, representing the property owners, Blasé
and Donna Basica (Property Owner), submitted an application for Vesting Tentative
Parcel Map No. 72981 to subdivide an existing lot located at 29065 Palos Verdes Drive
East (PVDE) into two separate lots and demolish an existing residence on the lot; and,
WHEREAS, on August 11, 2014, based on preliminary review, Staff deemed the
application incomplete for processing. Since that time, the Ron Hale submitted revisions
on multiple occasions and the property owners selected a new engineering firm, Denn
Engineers(Applicant), in early 2018 to represent them in processing the application. Denn
Engineers submitted revised plans on July 23, 2018, October 23, 2018, April 1, 2019 and
May 1, 2019. On May 7, 2019, the requested application was deemed complete for
processing, which established a June 26, 2019 decision deadline; and,
WHEREAS, on May 16, 2019, a public notice was mailed to property owners within
500 feet of the project site and published in the Palos Verdes Peninsula News, and on
May 24, 2019, a Listsery message was sent to 319 Equestrian Issues subscribers; 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), determined that the proposed project is Categorically Exempt
from the provisions of CEQA pursuant to Section 15315 (Minor Land Divisions) of the
CEQA Guidelines. The proposed project is the subdivision of a property into 2 parcels,
located within an urbanized area that is zoned for residential (RS-2). The project conforms
with the General Plan and Zoning, no variances or exceptions are proposed, all services
and access are available, the lot was not involved in a division of a larger parcel within
the 2 years preceding the application; and the parcel does not contain slopes greater than
20%; and,
WHEREAS, after notices were issued as required by the Rancho Palos Verdes
Municipal Code (RPVMC), the Planning Commission held a duly noticed public hearing
on June 11, 2019, at which time all interested parties were given an opportunity to be
heard and to present evidence;
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NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO
PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The project involves Vesting Tentative Parcel Map No. 72981, to
demolish an existing residence and subdivide the lot at 29065 Palos Verdes Drive East
into two separate residential lots.
Section 2: The property owners, Blasé and Donna Basica are represented by
Denn Engineers on the requested Vesting Tentative Parcel Map No. 72981.
Section 3: The Planning Commission finds that Vesting Tentative Parcel Map
No. 72981 complies with the requirements set forth in the Subdivision Map Act, the Zoning
Code, and other applicable sections of the Rancho Palos Verdes Municipal Code
(RPVMC) based on the following findings:
A. The project site has a General Plan Land Use designation of Residential 1-2
dwelling units per acre (R 1-2), and a correlated Zoning designation of Single-
Family Residential (RS-2). All new residential lots within the RS-2 Zoning District
must maintain a minimum lot size of 20,000ft2. As proposed, Lot Nos. 1 and 2 will
be 23,485ft2 and 20,025ft2 in size, respectively, which complies with minimum
required lot size for the R 1-2 land use and RS-2 zoning designations.
B. The design or improvement of the subdivision is consistent with the applicable
provisions of the City's General Plan and RPVMC including design requirements
of Title 16, Subdivisions, and Title 17, Zoning. More specifically, the proposed
subdivision complies with the minimum lot size, lot depth, and lot width
requirements for the RS-2 zoning district. The new lots are required to be 20,000ft2
in size, have a minimum lot width of 90', and a minimum lot depth of 120'. Lot No.1
is proposed to be 23,485ft2 with a lot width of 159.5' and a depth of 138.1'; and Lot
No. 2 is proposed to be 20,025ft2 with a lot width of 118.2' and a depth of 179.2'.
In addition, the proposed subdivision meets the minimum contiguous lot area
required for subdividing a lot in the RS-2 Zoning district in that the contiguous lot
area is 10,575ft2 for Lot No. 1, and 11,110ft2 for Lot No. 2, both of which are greater
than the minimum required contiguous lot area of 6,600ft2.
C. The subdivision complies with the minimum required lot dimensions in the RS-2
Zoning District and the newly created lot lines are generally straight. The new lots
have a contiguous lot area that exceeds the minimum required 6,600ft2 in size
(10,575ft2 for Lot 1 and 11,110ft2 for Lot 2) in the RS-2 zoning district, which is the
area that will be used as the building pad and/or buildable area for the future single-
family residential development. Contiguous lot area excludes minimum required
setback areas and extreme slopes (35% or greater). Additionally, the new lots will
maintain access from Marion Drive, which is a private street located west of Palos
Verdes Drive East.
D. The subdivision creates two lots for future single-family residential development
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on an existing residential lot, surrounded by existing single-family residential
development. According to the vegetation and species maps of the 2018 City
Council-approved Natural Communities Conservation Plan /Habitat Conservation
Plan, there is no Coastal Sage Scrub habitat or protected sensitive species
identified on the project site and/or any nearby properties. Further, according to
the General Plan's Biotic Species Map, the project site is not located within an area
designated as a blue line stream or an area that contains major wildlife.
E. The project consists of the demolition of an existing 1,004ft2 residence and a
subdivision of the existing residential lot into two new lots. Any future residential
development of the vacant parcels will have to be constructed in conformance with
the City's current Zoning Code standards, as required for a vesting map, and
require approval by the Building & Safety Division to ensure compliance with the
California Building Code. Additionally, the City's geotechnical consultant has
issued an "in-concept" approval of the related geotechnical reports. More detailed
site and project-specific geotechnical reports will be required at the time a
development proposal is submitted on the new lots, which must be reviewed and
approved by the City's geotechnical consultant prior to permit issuance.
The Property Owner is required to improve the new lots to sustain residential
development that will not be detrimental to the public health and safety. As utility
connections are already available on the project site that serve the existing
residence to be demolished, and the site is encumbered by existing utility
easements, there are adequate utility connections to serve the future residential
development of the site. In terms of on-site drainage, RPVMC §16.20.050 the
Property Owner is required to mitigate any potential impacts caused by drainage
flow from the project site to any adjacent properties. Conditions of Approval require
the Property Owner to address all drainage flow concerns at the time future
development proposal is submitted on the new lots. With regards to wastewater,
"in-concept" approval has been obtained from the Los Angeles County Health
Department for the installation of On-site Wastewater Treatment System (OWlS),
also known as septic systems, on the two new lots. The County of Los Angeles
Fire Department has also reviewed the proposed subdivision request to ensure
conformance with Fire Code requirements (i.e., access, etc.) and has cleared the
project for public hearing.
F. There are a number of easements over the project site for access and utility
connection purposes, including a 25' wide bridle trail, which traverses from north
to south the rear of proposed Lot No. 1. The proposed contiguous lot area for the
future development of structures on Lot No. 1 is outside of this easement area. As
designed, the proposed subdivision will not conflict with the bridle trail easement.
Section 4: Based on the foregoing findings and on the evidence included in the
Staff Report, Minutes, any testimony provided at the hearing, and other records of
proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby
approves Vesting Tentative Parcel Map No. 72981 to allow the demolition of an existing
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residence to accommodate the subdivision of an existing lot into two separate residential
lots, subject to the Conditions of Approval contained in the attached Exhibit "A."
Section 5: Any interested person may appeal this decision to the City Council.
The appeal shall set forth, in writing, the grounds for appeal and any specific action being
requested by the appellant. Any appeal letter must be filed within 10 calendar days of the
date of this decision, or by 4:30 PM on Friday, June 21, 2019. A $2,275.00 appeal fee
must accompany any appeal letter. If no appeal is filed timely, the Planning Commission's
decision will be final at 4:30 PM on June 21, 2019.
Section 6: Any challenge to this Resolution and the findings set forth therein,
must be filed within the 90 day statute of limitations set forth in California Code of Civil
Procedure §1094.6 and Section 17.86.100(B) of the RPVMC.
PASSED, APPROVED AND ADOPTED this 11th day of June 2019, by the following vote:
AYES: COMMISSIONERS JAMES, SANTAROSA, SAADATNEJADI, PERESTAM,
AND VICE-CHAIRMAN LEON
NOES: COMMISSIONER NELSON AND CHAIRMAN BRADLEY
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: NONE
David Bradley
Chairman
Ara -p , AIC P
Director of Co unity Development
Secretary to the Planning Commission
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Exhibit "A"
Conditions of Approval for
Vesting Tentative Parcel Map No. 72981
Case No. SUB2014-00005
29065 Palos Verdes Drive East
General Conditions:
1. PRIOR TO THE ISSUANCE OF A DEMOLITION PERMIT, OR WITHIN 90 DAYS
FOLLOWING THE DATE OF THIS APPROVAL, the Property Owner shall submit-
to the City a statement, in writing, that they have read, understand, and agree to
all conditions of approval contained in this Resolution. Failure to timely provide the
written acknowledgment shall render this approval null and void.
2. The Applicant and the Property Owner shall indemnify, protect, defend, and hold
harmless, the City, and/or any of its officials, officers, employees, agents,
departments, agencies, and instrumentalities thereof, from any and all claims,
demands, lawsuits, writs of mandamus, and other actions and proceedings
(whether legal, equitable, declaratory, administrative or adjudicatory in nature),
and alternative dispute resolutions procedures (including, but not limited to
arbitrations, mediations, and other such procedures) (collectively "Actions"),
brought against the City, and/or any of its officials, officers, employees, agents,
departments, agencies, and instrumentalities thereof, by persons other than the
Applicant or Property Owner, that challenge, attack, or seek to modify, set aside,
void, or annul, the action of, or any permit or approval issued by, the City and/or
any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof (including actions approved by the voters of the City), for
or concerning the project.
3. Approval of this permit shall not be construed as a waiver of applicable and
appropriate zoning regulations, or any Federal, State, County and/or City laws and
regulations. Unless otherwise expressly specified, all other requirements of the
City of Rancho Palos Verdes Municipal Code shall apply.
4. Pursuant to Municipal Code § 17.78.040, the Director of Community Development
is authorized to make minor modifications to the approved plans and any of the
conditions of approval if such modifications will achieve substantially the same
results as would strict compliance with the approved plans and conditions.
Substantial changes to the project shall be considered a revision and require
approval of an amended vested tentative parcel map by the final body that
approved the original project, which may require new and separate environmental
review and public notification.
5. Failure to comply with and adhere to all of these conditions of approval may be
cause to revoke the approval of the project pursuant to the revocation procedures
contained in Municipal Code § 17.86.060.
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6. In the event that any of these conditions conflict with the recommendations and/or
requirements of another permitting agency or City department, the stricter standard
shall apply.
Demolition Conditions:
7. Prior to conducting any work in the public right of way, such as curb cuts,
dumpsters, temporary and/or permanent improvements, the Property Owner shall
obtain an encroachment permit from the Director of Public Works.
8. The demolition site and adjacent public and private properties and streets shall be
kept free of all loose materials resembling trash and debris in excess of that
material used for immediate construction purposes. Such excess material may
include, but not be limited to: the accumulation of debris, garbage, lumber, scrap
metal, concrete asphalt, piles of earth, salvage materials, abandoned or discarded
furniture, appliances or other household fixtures.
9. The demolition site shall be maintained in a secure, safe, neat and orderly manner,
to the satisfaction of the City's Building Official. All waste and debris resulting from
the demolition project shall be removed on a weekly basis by the contractor or
property owner. Existing or temporary portable bathrooms shall be provided during
demolition, as necessary. Portable bathrooms shall be placed in a location that will
minimize disturbance to the surrounding property owners, to the satisfaction of the
City's Building Official.
10. Permitted hours and days for demolition activity are 7:00 a.m. to 6:00 p.m., Monday
through Friday, 9:00 a.m. to 5:00 p.m. on Saturday, with no construction activity
permitted on Sundays or on the legal holidays specified in Section 17.96.920 of
the Rancho Palos Verdes Municipal Code. During demolition, construction, and/or
grading operations, trucks shall not park, queue and/or idle at the project site or in
the adjoining private road and street rights-of-way before 7:00 a.m. Monday
through Friday, and before 9:00 a.m. on Saturday, in accordance with the
permitted hours of construction stated in this condition. When feasible to do so, the
construction contractor shall provide staging areas on-site to minimize off-site
transportation of heavy construction equipment. These areas shall be located so
as to maximize the distance between staging activities and neighboring properties,
subject to approval by the building official.
11. If the proposed demolition remains in operation or is expected to remain in
operation for over 30 days, the Applicant shall provide temporary construction
fencing, as defined in Section 17.56.050(C) Zoning Code. Unless required to
protect against a safety hazard, temporary construction fencing shall not be
erected sooner than 15 days prior to commencement of construction.
12. For all grading, landscaping and demolition activities, the Property Owner shall
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employ effective dust control techniques, either through screening and/ or
watering.
13. The project shall utilize equipment equipped with standard noise insulating
features during construction to reduce source noise levels.
14. All equipment shall be properly maintained to assure that no additional noise, due
to worn or improperly maintained parts is generated during demolition.
Approval of Vesting Tentative Parcel Map No. 72981
15. The approval of this Vesting Tentative Parcel Map allows the existing 43,510ft2 lot
to be subdivided into two separate residential lots. The two approved lots shall
comply with the minimum lot dimensions required by the Zoning Code for the RS-
2 Zoning District. Lot No. 1 shall contain a lot area of 23,485ft2 and measure 159.5'
in width and 138.1' in depth (as measured pursuant to Municipal Code §
17.48.020); and Lot No. 2 shall contain a lot area of 20,025ft2 and measure 118.2'
in width and 179.2' in depth (as measured pursuant to Municipal Code
§17.48.020).
16. This approval of the Vesting Tentative Parcel Map expires 24 months from the date
of approval of the parcel map by the Planning Commission, unless extended per
Section 66452.6 of the Government Code and Section 16.12.040 of the RPVMC.
Any request for extension shall be submitted to the Planning Division in writing and
with the appropriate fee prior to the expiration of the map for consideration by the
Planning Commission at a duly noticed public hearing.
17. The Property Owner shall be required to pay for the cost of services to be provided
by the City and on behalf of the City by any outside consultants that have been
retained by the City to render services specifically in connection with this project,
in the form of a trust deposit account, prior to commencement of such services
(e.g., City Engineer, City Attorney, geotechnical consultants, biologist, etc.). The
Property Owner shall adequately fund the trust deposit account prior to the
commencement of services, in amounts reasonably requested by the City. In
addition, the trust deposits shall be replenished within two weeks of receipt of
notice from the City that additional funds are needed.
18. Easements shall not be granted within easements dedicated or offered for
dedication to the City until after the final parcel map is filed and recorded with the
County Recorder. No easements shall be accepted after recording of the final
parcel map that in any way conflict with a prior easement dedicated to the City, or
any public utility. All existing easements shall remain in full force and effect unless
expressly released by the holder of the easement.
19. The Vesting Parcel Map shall adhere to all the applicable dedications and
improvements required by Chapter 16.20 of the Municipal Code.
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20. The Vesting Parcel Map shall adhere to all applicable vesting rights and
requirements pursuant to Chapter 16.24 of the Municipal Code.
Prior to the Submittal of Final Parcel Map No. 72981
21. According to Municipal Code §16.20.130 and the Subdivision Map Act, at the time
of making the survey for the final parcel map, the engineer or surveyor shall set
sufficient durable monuments to conform to the standards of the Subdivision Map
Act. Prior to recording the final parcel map, the exterior boundary of land being
subdivided shall be adequately monumented with no less than a 2" iron pipe, at
least 18" long, set in dirt and filled with concrete at each boundary corner. The
parcel lot corners shall be monumented with no less than '/2" iron pipe for the
interior monuments. Spikes and washers may be set in asphalt pavement and lead
and tacks may be set in concrete pavement or improvements in lieu of pipes. All
monuments shall be permanently marked or tagged with the registration or license
number of the engineer or surveyor under whose supervision the survey was
made.
22. A note shall be placed on the final parcel map stating that a geology and/or soils
report has been prepared in conjunction with the subdivision.
23. All existing and proposed easements shall be clearly illustrated and described on
the final parcel map.
24. All proposed easement documents shall be submitted to the City Engineer for
review and approval prior to approval of the final parcel map.
25. Prior to submitting the final parcel map to the City Engineer for examination, the
Property Owner shall obtain clearance from all affected departments and divisions,
including a clearance from the City Engineer for the following items: mathematical
accuracy, survey analysis, correctness of certificates and signatures.
26. Development shall comply with all requirements of the various municipal utilities
and agencies, including the County of Los Angeles Fire Department, that provide
public services to the property prior to approval of the final parcel map.
Prior to the Recordation of Final Parcel Map No. 72981
27. Prior to recordation of the final parcel map, the Property Owner shall demolish the
existing 1,004ft2 single-family residence and attached garage on the project site.
Prior to demolition, the Property Owner shall obtain the necessary permits from
the City's Building and Safety Division.
28. Prior to approval of the final parcel map, the Property Owner shall dedicate land,
pay a fee in lieu thereof, or a combination of both, at the option of the City, for park
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and recreational purposes at the time and according to the standards and formulas
contained in Section 16.20.100(G) of the Municipal Code.
29. Prior to recordation of the final map, the Property Owner shall supply the City with
a digital copy of the Final Parcel Map in the format required by the County of Los
Angeles through Ordinance No. 99-0080. An additional copy for the County of Los
Angeles will also be required upon submittal of the Final Parcel Map to the Los
Angeles County Recorder's office.
30. Prior to the recordation of the final map, all Conditions of Approval shall be
recorded with the final parcel map. Any amendments to the Conditions Approval
shall also be recorded with the final parcel map.
31. The Property Owner shall obtain addresses for the proposed lots.
After Recordation of Final Parcel Map No. 72981
32. The Property Owner shall supply the City with one Mylar (if applicable) and five (5)
copies of the map within 5 days after the final parcel map has been filed with the
Los Angeles County Recorder's Office.
33. All utilities serving the newly created lots shall be placed underground as part of
the development process.
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