JOEL ROJAS, COMMUNITY DE'WPfiENT DIRECTOR ACCEPTANCE OF A SEWER EASEMENT DEED TO PROVIDE ADDITIONAL EASEMENT AREA TO ALLOW

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1 CITY OF RANCHO PALOS VERDES COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: DATE: SUBJECT: HONORABLE MAYOR & CITY COUNCIL MEMBERS u - JOEL ROJAS, COMMUNITY DE'WPfiENT DIRECTOR JUNE 3, 2014 ACCEPTANCE OF A SEWER EASEMENT DEED TO PROVIDE ADDITIONAL EASEMENT AREA TO ALLOW REVIEWED: RECONFIGURATION OF AN EXISTING SEWER LINE IN THE REAR YARD OF 6847 ALTA VISTA (CASE NO. ZON ). CAROLYNN PETRU, ACTING CITY MANAGER~ Project Manager: So Kim, Associate Planner~ RECOMMENDATION 1) Adopt Resolution No _, 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 22ft 2 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, HAWTHORNE BLVD. / RANCHO PALOS VERDES, CA PLANNING & CODE ENFORCEMENT DIVISION (310) I BUILDING & SAFETY DIVISION (310) I DEPT FAX (310) PLANNING@RPV.COM I WWWPALOSVERDES.COM/RPV I-1

2 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 ) in This property is Lot 17, located near the southwest corner of Tract 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... c 0 '!!, a: " I I I i I I I i If ~ EXISTING EASEMENT N G6"39'1TE LOTl7 TRACT No M.B. H75-ffi.e2 {BB47 ALTAVISTA DRIVE) 197.(19' 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 I-2

3 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 Easement Deed I-3

4 C.C. RESOLUTION NO 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. ZON ). 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 Page 1 of 3 I-4

5 PASSED, APPROVED AND ADOPTED this 3rd day of June Attest: Mayor 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 _ was duly and regularly passed and adopted by the said City Council at a regular meeting held on October 16, City Clerk C.C. Resolution No Page 2 of 3 I-5

6 Exhibit "A": Easement Deed C.C. Resolution No _ Page 3 of 3 I-6

7 Recording Requested by: When Recorded Mail to: City Clerk City of Rancho Palos Verdes Hawthorne Blvd. Rancho Palos Verdes, CA 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: REFERENCE SEE EXHIBITS "A & B" ATTACHED HERETO AND INCORPORATED HEREIN BY THIS Together with the right to enter upon and to pass and repass over and along said easement and right-ofway and to deposit tools, implements and other materials thereon, by said Grantee, its officers, agents and employees and by any contractor, his agents and employees, engaged by said Grantee, whenever and wherever necessary for the purposes above set forth. Dated this day of 2014 (All signatures must be notarized) Sign: Print: Sign: Print: Owner's Address: I-7

8 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: I-8

9 EXHIBIT "A" Being a portion of Lot 17, Tract No , 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 feet to the Point of Beginning; thence North 23 Degrees 21 Minutes 20 Seconds West a distance of feet; thence North 66 Degrees 39 Minutes 00 Seconds East a distance of feet. The sidelines of said ten (10) foot strip to be lengthened or shortened to terminate with the Southerly line of said Lot 17. I-9

10 u.l z ~ 4. ~ - / 4. '=' d'.. EXHIBIT "B" "<!" 0 0 "<!" (") II a:: f'.. (") (") I I I I I I EXISTING EASEMENT N 66 39'17"E ' LOT 17 TRACT No M.B (6847 ALTA VISTA DRIVE) ~ II _J CENTERLINE OF NEW 10' WIDE EASEMENT L N s1 04'30"E SOUTHEAST CORNER OF 17 PROPOSED NEW SANITARY SEWER EASEMENT I-10