none, "Request termination of ""rest, Staff Reports• •
City ./ Ailing JR/6
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377.1521
FAX: (310) 377-7288
E-mail: cityofrh@aol.com
Agenda Item No.: 8.B.
Mtg. Date: 8/14/2000
DATE: AUGUST 14, 2000
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
ATTN: CRAIG R. NEALIS, CITY MANAGER
FROM: LOLA M. UNGAR, PLANNING DIRECTOR
SUBJECT: CONSIDERATION OF THE RELEASE BY THE CITY OF A RESTRICTED
AREA AT 34 PORTUGUESE BEND ROAD (LOT 111-1-RH) AT THE
REQUEST OF THE PROPERTY OWNER MR. JOHN HUSNAK.
BACKGROUND
A letter is attached from Mr. John Husnak requesting that the City remove a "Restricted
Use Area" shown on Assessor's Map Book 7569, Page 8 and Parcel No. 8 and as
included on the recorded Subdivision Tract Map No. 30678 approved by the City
Council on December 14, 1970 and recorded on July 8, 1971. Mr. Husnak's letter defines
his reasons for the removal of the restricted use area.
The Subdivision Tract Map shows a 38,925 square foot area (0.89 acre) on the east side
of Portuguese Bend Road as a "Restricted Use Area" and states in part, "We hereby
dedicate to the City of Rolling Hills the construction rights over that portion of Lot 1 as
shown on said map to prohibit the construction of stables and barns within such
portion." Prior City Council minutes included in the subdivision file along with those
of the December 14, 1970 City Council meeting that refers to the stable location as a
restricted use area are also attached. We have also included a 1971 Community
Association Architectural Committee drawing showing the existing residence on the lot.
We have reviewed the matter with the City Attorney who determined that City Council
review is required.
The City Council should note that according to the Zoning Code, stables and corrals are
prohibited in front yards and any such proposal would require a Variance. Also, most
often, restricted use areas on recorded documents refer to geological hazard or flood
hazard areas.
RECOMMENDATION
It is recommended that the City Council consider the release by the City of the
restricted use area at 34 Portuguese Bend Road.
IC)
6J
Printed on Recycled Paper.
• •
MEMO
To: Rolling Hills City Council
From: John Husnak
Date: 07-19-00
Re: 34 Portuguese Bend Rd.
JULHET E.13
I 6 2111
CITY Of ROLLING-i-.4u.S
I am the legal owner and resident at the above property. I had
recently listed the property for sale and was shocked. to learn
from a real estate agent about a restriction on the property. While
checking the survey map at the City at the request of a
prospective buyer, the agent was informed that a portion of my
property was noted as a "restricted area" and the way it was
explained was that it might be a flood or geological hazard. Not
surprisingly, this caused the potential buyer to shy away. I later
learned that the restriction was per the attached City Council
minutes in 1970 and refers to building a stable on the flat front
portion of my lot (directly in front of the house). I have no
intention of building a stable on that area, and I can not imagine a
person who would build a stable in that location. Our existing
stable areas are on the slope behind the residence and across
the street on the west portion of the parcel. What is most
Page 1 of 2
• •
Rolling Hills City Council
07-19-00
Page 2 of 2
upsetting is that the "restriction" was at the behest of Councilman
Ben L. Ted Bear. Mr. Bear had a financial interest in several of
the adjacent parcels and I believe his request for the restriction
was a direct conflict of interest with respect to his duties as a
councilman. Even more underhanded is his couching of the need
for the restriction in the jist of a developer who was already
potentially developing the lot. There never was a "developer" as
far as I know, and I was just an individual building a home for my
family. I have lived in that home since 1971, and now in my older
years am looking for a smaller residence. I have no intention of
subdividing the property. This "restriction" put on my property by •
a self-serving councilman is causing me monetary harm because
of the cloud it puts over my property with respect to potential
buyers. I urge you to review the history of the "restriction" and
request that it be terminated.
I thank you in advance for your consideration, and look forward
to hearing from. you in this matter.
John H
- 0 „ L-4,014
�ak
7569 I 8
Au 1' - 200f
rr
coot
7084
TRACT .NO. 30678
M.B. 8O9-22- 23
ROLLING HILLS ¢°/.i
M. B. 201-29-35 / 4/2 Ae.
L A. C._A. MAP N_O.51's < ��
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ALL ACREAGES ON
THIS PAGE ARE NET
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•
RISERSON'S MAP
COUNTY OF LOS ANGELES, CALII
• •
City 0/ lailinF
GODFREY PERNELL, D.D.S.
Mayor
JODY MURDOCK
Mayor Pm Tem
THOMAS F. HEINSHEIMER
Councilmember
FRANK E HILL.
Councilmember
B. ALLEN LAY
Councilmember
July 20, 2000
Mr. John Husnak
34 Portuguese Bend Road
Rolling Hills, California 90274
Dear Mr. Husnak:
INCORPORATED JANUARY 24, 1957
NO.2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX (310) 377-7288
E-maIL cilyo►rh@aol.com
Thank you for your correspondence dated July 19, 2000. I have provided a copy of your
memorandum to the City Council for their information.
Your request involves a restriction that was placed upon your property at the time your
lot was created through the subdivision process. Therefore, we will be reviewing your
request with the assistance of our City Attorney's office to determine what courses .of
action are available to consider your request.
We will contact you as soon as we have appropriate information regarding this subject.
Should you wish to discuss this in the interim, please do not hesitate to call. Thank you
for your cooperation.
Sincerely,
i4
Craig R. NeaIis
City Manager
CRN:mlk
07T20/oOhumak.ltr
cc: City Council
City Attorney
Planning Director
Panted on Recycled Paper.
}
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I
71-7(71
November 23, 1970
FINAL MAP, Tract 30678, M.T.S. Investment Company
A letter. dated November .12, 1970 from the Department of County
Engineer, County of Los Angeles, recommending approval of the final map
for Tract No. 30678, was presented to the Council.
Minutes relative to requirements for approval were reviewed.
Mrs. Clifton stated that the fees or bonds for improvement of Portuguese
Bend Road had not been posted with the City. Mr. Robert De Jernet of
South Bay Engineering Corporation -explained that all requirements of
the Architectural Committee had been met, but all fees required by the
Rolling Hills Community.Association had not been paid, neither had bonds
or fees been posted for road improvement. Mr. De Jernet requested that.
the Council approve the final map, but the linen not be signed until all
conditions had been met. The City Attorney recommended that approval not
be given because conditions of approval, under ARTICLE XIII, Improvements
and ARTICLE XIV Bonds and Deposits of Ordinance No. 67 had not been com-
plied with. The Mayor ordered the matter held on the agenda until all
conditions of approval have been met.
FINAL -.MAP - Tract, 30678, M.T.S. Investment' Company 1 /.;z _
Mayor Hesse opened a discussion of Tract 30678, M.T.S. Invest-
ment Company, which had been held onthe agenda from the previous
meeting because all conditions of approval had not been met.
The clerkpresented a letter from South Bay Engineering dated
December 9, 1970 which advised that the estimate for road improvement
on Portuguese. Bend Road as required would be $1,045.00.
Councilman Bear requested that the newly created Lot 1 have a
stipulation:•wt.th regard to: location, of the stable site. Because of
ecisting and proposed residences in the area, Councilman Bear re-
quested that the'demetoper be required to put his stable on the west
side of Portuguese Bend Road. If that is not consideredsatisfactory
becauseof the safety'. factor, Mr. Bear then requested that the stable
location on the- portion:. of the lot with the residencebe'. restricteda,
and . that appropriate notations be made on the title sheet of the linen.
d Mr. Robert de Jernett,.South Bay Engineering, Corporation, represented
the subdivider and agreed to the conditions:' onhis behalf.
Following the discussion Councilman Pearson movedthatthe
estimate for .road improvement of '.Portuguese. Bend '. Road be approved,
restrictions :pertaining 'to the stable location be placedon the final
map and on the title sheet, and that the Council approve the final
map, but that it be signedby the. City Clerk only after;: the restric-
tions had been included. The -motion was seconded- by Councilman Bear
and carried by the following roll call vote:
AYES: Councilmen Bear, Pearson, Sauer, Mayor Hesse
NOES: ' None
ABSENT: Councilman Fay
A::
•
PUBLIC HEARING - T act 30678, M.T.S. Investmen Co. at ,-„,„;„ . �',y,��, ,
•
The Chairman opened the meeting of a public hearing on the .,'
application for modification under Article.V, Section 5.04b, Width -•
of Lots of Ordinance No. 67 on Tract 30678, MTS Investment Co.The
City Clerk reported that the hearing had been duly noticed and no
comment, wirtten or oral, had been received.
The Planning Advisor's Report dated December 12, 1969 was
presented, and Mr. Robert de Jernet of South Bay Engineering advised
the Commission that the Engineer and the subdivider felt that para-
graph 6 under BUILDING AND SAFETY was unnecessarily stringent in
recommending that approval of the final map should be withheld until
adequate information is submitted to assure that a private sewage dis-
posal system can be safely installed bn each parcel. Mr. Geoffrey
Taylor, Planning Advisor, agreed that the requirement should be
clarified, and stated that the requirement for sewage disposal is
covered by Ordinance No. 67. Mr. Howard Rusted, resident, asked
whether a•building permit had ever been refused in Rolling- Hills
because of failure to meetthe requirement of adequate sewage dis-
posal and the City Manager stated that to date she did not know of any
such refusal, but that some residents had difficulty obtaining satis-
factory percolation tests on their property. Commissioner. Mahan .
stated that it was his opinion that proof ofadequate disposal should
lie with the subdivider rather than withthe builder, and therefore:
should be enforced through the subdivision ordinance. The Chairman
thereafter closed the public hearing.
In reviewing the tentative map Commissioner Mahan asked why
the rear line of Lot 2 was only 105 feet, _ and the rear line . of - Lot -1.
was 384 feet, and the engineer stated that it is the wish of the
subdivider to retain a minimum of four acres in Lot 1. The City
-
Isfanager explained that the original plan submitted to the Rolling Hills..
Community Association showed three parcels, but was turned down by that
body and the new tentative map showed two parcels, with Lot 1 having
4.3 acres and Lot 2 having 2.2 acres. The Engineer was instructed to
submit new maps showing Lot with the greatest possible rear line width
while still retaining a parcel of. four acres for Lot 1. .The matter
was ordered held on the agenda.
MINUTES OF TIE' REGULAR MEETING
OF THE PLANNING COMMISSION OF THE CITY OF(
ROLLING HILLS, CALIFORNIA
January 20, 1970
SUBDI`VISIQN NO. 45, Tract 30678., 4M..T.S, Investment Co.
Mr. Robert de Jernett of South- Bay Engineering Corporation
advised the Commission that he had redrawn the rear lot line of Let 2,
increasing the width from 105 feet to 150 feet to conform with Ordi-
tiance No. 67, in accordance with. instructions from the Planning Com-
mission at the meeting of December 16, 1969. The area involved is
cipproximately 3600 square feet, too small a change to affect the
/acreages of 2.2+ on Lot 1, and 4.3+ on Lot 2.
Following review of the map, Commissioner Pearson moved that
t=he Planning Advisor's Report dated December 12, 1969 be approved and
accepted, and that the revised tentative map dated January .16, 1970 be
approved. Motion was seconded by Commissioner Schaefer and unanimously
carried.
•••
• MINUTES 'OA THE-- REGULAR MEETING
OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS, CALIFORNIA
January 20, 1970 .
• . , .• ......„ .•.• •
SUBDIVISION' •NO. 45, Tract • 3067.8 , ' M. T . S .. Investment Co .. • . - • . ...
Mr. Robert de Jernett of. South. Bay Engineering Corporation.. ., •
advised the Commission that he had redrawn the -rear lot -line. of Lot. 2
increasing the width from 105. feet:. to. 150 feet: to conform with Ord- ,.. ,
nande No.. 67, in accordance with instructions from the Planning.-Com-
-:t Mission at *the meeting of December 16, 1969. The area involved is
approximately 3600 square feet, •too stall a change to affect the
acreages of 2.2-1- on .Lot 1,. and .4.3-I-: on Lot 2. -- • .
threview of the iComMissioner Pearion moved that-
. e PlanniFollowing ng Advma),
isees Report' dated December' 12, 1969.be approved -and :.
,eccepted, •and that the revised tentative .map. dated January ,I.ir. •;197.01be• •
.approved. • Motion.was- seconded by Commissioner Schaefer end unatlitouSly,
. • carried. . . - • • . ... . - ,
.: .'-._ ::.„..1::::-:'.7tr....• .. :.'.:•,-..-'• -.....:.....,..:::e.?....--. .....:ii.:•,:'4:1::..4...--,;,,,-4 ),e:5-_,,yc.tlr;it.?,swarorssimp•sprwh.......... ,...
. , 4 ' • '
fa_l_ (it? •• - - •
TENTATIVE . MAP., Tract.30678 .; M ..T . S . Investment Coins. l..-1,4.4/ .• .-- Cl.,lvk 4- •k ,A)/././iL
• • • . .
a Copies of the tentative map for Tract 311678',..M.T.S..• 'Investment -1. •
Corporation, .34 Portuguese Bend Roac4.Raling Ifilla,'• the .Plannlag Advi-
aor's Report. dat.ed December 12, 1969 -and the..miuuten or the Vimin'init.
Commission on January 20, 1970 were presented to.the 'Celine:LI-
• ' . . . .
Mr.. Robert de Jernett of South. Bay _Engineering; CorpOra4pn.,..• .. • -
advised the Council 'that. at the Planning Commission ' theetingTO:f•00ttit-'• •
ber 16,. 1969 he had requested a vatianee of teat lot line re-44E-004S
on Lot 1, but the planning••Cominission had directed that the,taap.1,:be .rei...._
drawn so the line conformed to the -requirements of .0tslinand'e• No :.07 . '. • ' - •
The revised map was presented to the. Planning Coronissitin on'JanUary.20,
1970 and approved by:them on -that date:, subject. to, the..cOnditior:a.of • • '
the Planning •Adviset'a Report. .Mr. de-Jetriett-ekpIaiiied. that:after- - ' .
a pp rOVal of the original tentative:map' as Submitted 'to" the' Archltectural
Committee and -the -Board .of Directors of theltolliog:HilIs Community •
Association ' the Agreement:and Consent -re:. Aniendritent. of ••Badid E4ed..Re-
strictions was drawn' according to that map, and a revision of the Map, .
would cause a hardship on -the subdivider, so he asked .that,the- City • '
Council grant the .necessary Modification and.'approVe the original *.• . .. •
tentative map-. . Ivite.Xinley, City Attorney, advised::Mr..'de'jernett that
approval of the revised map . -Would not cause_:4 .hAtOphiP;.. it would merely • .' -
be necessary tore,,Subinit •the-modifidatiOn agreement to the 'Rolling
Hills_ Community AssOdiation-andPalos -Verdes- PrOPertieS .for neW.. signatures.
..
Following review or -the. revised. tap --and.the Acivis:Or
Report dated December 12, 1969, Councilman 70' l'poveci...that the...rec-ortiMenda-•
tionsof the Planning Commission be accepted and that :the reViSed.•.•tenta-
tirve map ,be -appraVesi subject to: the teqUiretents, Of 'the ..Planailig;::-AdViSorls •
Report, with the following additiOnal‘requirements.:' • ,
••••. . •. . ,
Ani.aceess--dtiVes the requtielienes.
of. the •Fire DepartMent. • .• • . •• • • '• ••-• ; • . •
-b. In .the -event that 'lot 2 -iS.:-Subsequ.ently;.:SUbdivicied,..both 100 •
lalust be Sertied,,by•jatenirriOni'aeceaa; frOikpOrtUgUe8,e-pend Read
and that these reqUireimenta•• be ''made•.part of the afailii‘dOiii.1104.s;of
the., Rolling fills ConmniniLy Asaoeiation,. .
* •
The
motion Nadaiand:CariUdhYtha
..!.:.-f011'OWing roll tdll vote; • - , ; • • ,1• .
. . _ . •
AYES t Councilmen 'Fay,,Nacil, Mayor 1hsie
NOES • NOne. : " • . • , . • •
ABSENT:, 1:Councilmen Itlein, Sauer ••• •
- .
. . •
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RECORDING REQUESTED•
766
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deed of trust dated
WHEN RECORDED MAIL. TO
John Husnak •
31139 Palos Verdes Drive East
Palos Verdes Peninsula, Calif.
RECORDED IN OFFICIAL RECORDS
OF LOS ANGELES COUNTY. CALIF.
FOR SECURITY TITLE INSURANCE CO.
SEP 2 1971 AT 8:01 A.M.
Registrar -Recorder
Full Reconveyance
SECURITY PACIFIC NATIONAL BANK, a National Banking Association, as duly appointed' Trustee under
May 5, 1966, made by
M.T.S. Investment Co., a limited partnership,
as Trustor, and recorded on July 5, 1966
of Official Records in the office of the County Recorder of
,in Book T5019 Page 836
LOs Angeles County, California,
has received from Beneficiary thereunder a written request to reconvey and in accordance with said request and the
provisions of said deed of trust, does hereby reconvey, without warranty, to the person or persons legally entitled
thereto, the estate now held by it thereunder.
Dated
No.
4.30416
STATE OF CALIFORNIA
}
COUNTY OF
�.os Angeles SS.
Security Pacific National Bank, as Trustee,
By
Vice President
On , before me, the undersigned, a Notary Public in and for said State, personally appeared
JAMES R. known to me to be the Vice President of Security Pacific National
Bank, the association that executed the within instrument, and known to me to be the person who executed the within instrument on
behalf of the association therein named, and acknowledged to me that such association executed the within instrument as Trustee
pursuant to its by-laws or a resolution of its board of directors.
WITNESS my hand and official seal.
OFFICIAL SEAL
�d't"_ CATHERINE V. SMITH
h`1� 14
w�.r-tG�'_ NOTARY PUBLIC-CALIFORNIA
p wt PRINCIPAL CFFICE IN
2 ' LOS ANGELES COUNTY
My Commission Expires April 21, 1972
3973
TR 75 33 7.60* P.S.
(Notaryublic's Signature
Cin
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• RECORDING REQUESTED BY
• 767
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AMO M/leN aee0110ee MAIL 10
Name
sN»r John Husnak
rr"" 31139 Palos Verdes Drive East
:lira Palos Verdes Esninsula, Calif.
Wets L J
Homo
SMN
ddrm
i
1
MAti /Aa CA.014001110
address above
Rolling Hills
. TO A05.t CA It•70/
J
RI OR�F.'1 IIt Orf ICIAI RFCORUS
or los APit•,Tt.t.s l Ol)T'IY. CALIF.
TOR SF.r:11RITY r17LE INSURANCE CO.
SEf 2 1971 AT 8:01 A.M.
Registrar•Recorder
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENTARY TRANSFER TAX f».9.�..SQ ..._.»_._...._.......»..__
_RX COMPUTED ON FULL VALUE OF PROPERTY CONVEYED,
R COMPUTED ON FULL VALUE LESS LIENS AND
CriliAKES REMAINING AT TIME gp SALE.
,010 Security Title Inc. Co.
Signature of Declarant or Agent determining tax. Firm Nome
I. Grant Deed
THIS FORM FURNISHED SY TITLE INSURANCE AND TRUST COMPANY
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
M. T. S. Investment.Co., a limited parthership
hereby GRANT(S) to
John Husnak and Ros alia Husnak, 'husband and wife, as joint tenants
the following described real property in the Rolling Hi 11s
County of Los Angeles , State of California:
Lot 1 of Tract 3067E, as per map recorded in book 809 pages
22 and 23 of Maps, in the office of the county recorder of
said county.
Dated June 17. 1971 _�*_ T_ c estme e.d_-
partnership
TO 442
(Partnership)
STATE OF CALIFORNIA
COUNTY OF Los Angeles
'On June 22. 1971
}SS.
! KDS I 80 Pi I I ® ; -
betore'm e, the undersigned, a Notary Public in and for said State, personally appeared
Clifford R. Giacobine
Peter L. Po.fabova
10 ue, two
1hMI Pt.
Thor ,. , ye,.... r
WITNIESS Itty Ile
Sign) 're
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Minn (Tytwd or Printed)
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IhyyC r,tmisa.n Expires May 17, 1915
• RECORDING REQUESTED BY
767
1
Nome
Street
Addrut
City i
Stele L
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sneer
Add,...
City a
Stets 1
AND WHIN ACCORDED MAIL TO
John Husnak
31139 Palos Verdes Drive East
Palos Verdes Eeninsula, Calif.
WVI TAX ITAIINENIS TD
address above
Rolling Hills
TO 405.1 CA (1.70)
7
RF.coRrwr? IN OFFICIAL RECORDS
of LDS ANGELES crlumr. CALIF.
ron srruntrY TITLE INSURANCE CO.
SFP 2 1971 AT 8:01 A.M.
Registrar•Recorder
SPACE ABOVE THIS LINE FOR RECORDER'S USE
FEF
$2.80
2S
•
DOCUMENTARY TRANSFER TAX f».9-L+B0__.—.—_...�-•.
_70C COMPUTED ON FULL VALUE OF PROPERTY CONVEYED.
R COMPUTED ON FULL VALUE LESS LIENS AND
CUJNSa016ES REMAINING AT TIME F SALE
• ‘.ii►lom Security Title Ina. Co.
Firm Nome
S)gnaturn of Declarant or Agent determining toe.
Grant Deed I
THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
M. T. S. Investment Co., a limited parthership
hereby GRANT(S) to
John Husnak and Ros alia Husnak, husband and wife, as joint tenants
the following described real property in the Ro111nR 11i11s
County of Los Angeles , State of California:
Lot 1 of Tract 30678, as per map recorded in book 809 pages
22 and 23 of Maps, in the office of the county recorder of
said county. •
Dated June 17. 1971 */ T C Investmentrr^ . a Tin+=*pd
partnership
STATE OF CALIFORNIA }SS. I �7 �/!�� ,jJ,D
COUNTY OF Los Angpinu 1 bv: _
On June 22, 1971 before me, the under-
signed, a Notary Public in and for said Slate, personally appeared bvT-
Clifford R. Giacobine
T Peter L. Portanova
, known to me
to be the person . —__._whose name subscribed to the within
instrument and acknowledged that ...emoted the name.
WITNESS my hand and official seal.
Signatt,r.
.-Title Order No
Name (Typed or Printed)
7116383
(TI,IO .tra for e11L131 noted.% ere')
'1?=crt)Ir• r•i` l�ii•i1r No:_�:_ - -
• •
City 0/
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377-7288
E-mail: cityofrh@aol.com
MEMORANDUM
TO: MIKE JENKINS, CITY ATTORNEY
FROM: CRAIG R. NEALIS, CITY MANAGER
SUBJECT: REQUEST BY JOHN HUSNAK, 34 PORTUGUESE BEND ROAD
DATE: JULY 19, 2000
Mike, we received the attached memorandum on Wednesday, July 19, 2000. It appears
that the restriction on the property noted in the memorandum was a result of
deliberations at the time that the final map was adopted creating this property.
I am uncertain what options are available to the property owner, if any, to rectify this
situation because the restriction appears to be result of the subdivision process. It
would be appreciated if you could determine if there is a procedure for this resident to
initiate to remove this restriction from his property. I suspect that City Council action
would be required. As always, your cooperation will be appreciated.
CRN:mlk
07/19/99jenkins.mem
cc: Lola Ungar, Planning Director
Printed on Recycled Pjiiei,
JUL 1 2401
Ca? dF•ROLLING-N?_ LS
MEMO
To: Rolling Hills City Council
From: John Husnak
Date: 07-19-00
Re: 34 Portuguese Bend Rd.
I am the legal owner and resident at the above property. I had
recently listed the property for sale and was shocked to learn
from a real estate agent about a restriction on the property. While
checking the survey map at the City at the request of a
prospective buyer, the agent was informed that a portion of my
property was noted as a "restricted area" and the way it was
explained was that it might be a flood or geological hazard. Not
surprisingly, this caused the potential buyer to shy away. I later
learned that the restriction was per the attached City Council
minutes in 1970 and refers to building a stable on the flat front
portion of my lot (directly in front of the house). I have no
intention of building a stable on that area, and I can not imagine a
person who would build a stable in that location. Our existing
stable areas are on the slope behind the residence and across
the street on the west portion of the parcel. What is most
Page 1 of 2
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Rolling Hills City Council
07-19-00
Page 2 of 2
upsetting is that the "restriction" was at the behest of Councilman
Ben L. Ted Bear. Mr. Bear had a financial interest in several of
the adjacent parcels and I believe his request for the restriction
was a direct conflict of interest with respect to his duties as a
councilman. Even more underhanded is his couching of the need
for the restriction in the jist of a developer who was already
potentially developing the lot. There never was a "developer" as
far as I know, and I was just an individual building a home for my
family. I have lived in that home since 1971, and now in my older
years am looking for a smaller residence. I have no intention of
subdividing the property. This "restriction" put on my property by
a self-serving councilman is causing me monetary harm because
of the cloud it puts over my property with respect to potential
buyers. I urge you to review the history of the "restriction" and
request that it be terminated.
I thank you in advance for your consideration, and look forward
to hearing from you in this matter.
gOAMA- g- -
John H �ak
FINAL MAP,
A
Engineer,
for Tract.
November 23, 1970
Tract .30678, M.T..S. Investment Compariv
letter dated November .12, 1970 from the Department of. County
County of Los Angeles, recommending approval of the final map
No. 30678, was presented to the Council.
Minutes relative to requirements for approval were.reviewed.
Mrs. Clifton stated that the fees or bonds for improvement of Portuguese
Bend Road had not been posted with the City. Mr. Robert De Jernet of
South Bay Engineering Corporation explained that all requirements of
tine Architectural Committee had been met, but all feesrequired by the
Rolling Hills Community Association had not been paid, neither had bonds
or fees been posted for road improvement. Mr. De Jernet requested that
tine Council approve the final map, but the linen not be signed until a l 1
conditions had been met. The City Attorney recommended that approval not
be given because conditions of approval under ARTICLE XIII, Improvements
and ARTICLE XIV Bonds and Deposits of Ordinance No, 67 had not been com-
plied with. The Mayor ordered the matter held onthe agenda until•a11
conditions of approval have been met.
FINAL MAP - Tract: 30678, M.T.S. Investment' Company ''/
(moo -wv r-t (_
/a -/ef - 7o
Mayor Hesse opened a discussion of Tract 30678, M.T.S. Invest-
ment Company, which had been held on the agenda from the previous
meeting because all conditions of approval had not been met.
The clerk presented a letter
December 9, 1970 which advised that
on Portuguese Bend Road as required
•
from South Bay Engineering dated
the estimate for road improvement
would be $1,045.00.
Councilman Bear requested that the newly created Lot 1 have a
stipulation with regard to location of the stable site. Because of
existing and proposed residences in the area, Councilman Bear re-
quested that'the developer be required to put his stable on the west
side of Portuguese Bend Road. If that is not considered satisfactory
because of the safety factor, Mr. Bear then requested that the stable
location on the portion of the lot with the residence be restricted,
and that appropriate notations be made on the title sheet of the linen.
Mr. Robert de Jernett, South Bay Engineering Corporation, represented
the subdivider and agreed to the conditions on his behalf.
Following the discussion Councilman Pearson moved that the
estimate for road improvement of Portuguese. Bend Road be approved,
restrictions pertaining to the stable location be placed on the final
map and on the title sheet, and that the Council approve the final
map, but that it be signed by the City Clerk only after the restric-
tions had been included. The motion was seconded. by Councilman Bear
and carried,by the following roll call vote:
AYES: Councilmen Bear, Pearson, Sauer, Mayor Hesse
NOES: None
ABSENT: Councilman Fay