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none, , Resolutions & Approval ConditionsRESOLUTION NO. 131 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ROLLING HILLS COMMUNITY ASSOCIATION CONCERNING THE DIVISION OF PROPERTY UNDER THE JURISDICTION OF THE ROLLING HILLS COMMUNITY ASSOCIATION WHEREAS, the division of existing lots into additional building sites has been and is now of vital importance to the Board of Directors and to the members of this Association; and WHEREAS, it is desirable to promulgate and establish rules and regulations to prevent the indiscriminate creation of additional building sites by owners of property under the juris- diction of Rolling Hills Community Association, which wouldre- sult in the depreciation of the property values and destroy the character of the community; and WHEREAS, the Board of Directors recognizes that the creation of additional building sites may be accomplished in con- formity with the declaration of restrictions affecting each par- cel of property sought to be divided and in accordance with law, and to provide equal rights for all owners of property under the jurisdiction of this Association; BE IT RESOLVED, that the following procedures and rules shall be observed and followed by all members of this Associations owning property under the jurisdiction of this Association seeking to create additional building sites:, I. The owner or his authorized agent seeking to sub- divide or create additional building sites shall make application to the Rolling Hills Community Association on a form to be provided by the Association and file the same W.th the Association Manager. II. The owner or his agent shall at the time of, filing the application, deposit with the Association a filing fee of $ 700.00 for each subdivision contain- ing three (3) building sites or less plus $300.00 for each building site in excess of three (3). Said fee coverscosts and expenses in processing the application, and said fee shall not be refundable in the event the application is denied. III. There shall accompany each application six (6) copies of a map of said proposed subdivision into additional building sites of the property 8" x 12", or any multiple thereof, and shall be drawn to such scale as to clearly show details of the plan there- of. Wherever practicable, such : cale shall be a scale of one inch to one hundred feet (1" to 100'). IV. Maps shall show sufficient legal description of the land to be subdivided, and to define the boundaries thereof, and the boundaries and legal description of all new building sites sought to be created, and shall contain the following: (A) The name and address of the subdivider and of the registered engineer or licensed sur- veyor who has done or will do the survey work required by this resolution. (B) The location, names and existing widths of all adjoining streets or roads, and a state- ment as to their character as being public or private. (C) The width and grade of all existing and pro- posed roads within such proposed subdivision. (D) The width and location of all existing and proposed easements, whether public or pri- vate, for roads, bridle trails, sanitary and storm sewers,or public utility purposes. (E) The radii of all curves. (F) The lot layout and dimensions of each lot. (G) The locations of all areas subject to inunda- tion for storm water overflow, or geological 2. hazard, which areas shall be marked "SUBJECT TO FLOODING", or "SUBJECT TO GEOLOGICAL HAZARD," and the locations, width and direction of flow of all water courses. (H) The contour of five (5) foot vertical intervals except where the slope is in excess of thirty degrees (30°), in which case the vertical intervals between approximate contours shall be twenty (20) feet. (I) Date, northpoint, and scale. (J) Number for each proposed lot to be created. (K) The location of each tree within the proposed subdivision area, and an indication as to which trees, if any, are to be removed. (L) Location and outline to scale of each existing building in the area to be subdivided, which will not be removed or demolished in the development of the property. (M) Designation by letter, for purposes of identifi- cation of any street within the proposed sub- division. (N) All new lots to be graded in the subdivision shall be located on the land so as to follow the natural contours as closely as possible. In the event it is necessary to cut and fill to create a'pad for a building site, the amount of cut shall be equal to the amount of fill and if unequal, the proposed amount of cut and fill, shall be set out on the map. (0) There shall be no pregrading of lots or build- ing sites, but each building site should be large enough to accommodate a 12,000 square foot graded building pad. There shall be 3. shown on said map the required grading for new or improved roads and there shall be filed with said map a preliminary road pro- file of all roads in the subdivision. V. The Board of Directors require the following as a condition of approval if, in the opinion of the Board, the location and nature of the land to be subdivided indicates the need for such improvements: (A) Improvement of roads and driveways with inverted shoulders; all new roads to meet the specifications of the City of Rolling Hills. (B) All utilities shall be installed underground as required by Subdivision Ordinance No. 67 of the City of Rolling Hills; (C) Access to the properties is to connect with existing or proposed roads outside the subdivision; (D) The subdivider shall convey to the Association non-exclusive easements over all roads and drive- ways and other easements over parcels of land for bridle trail and public utility purposes; (E) Submission of percolation tests or other in- formation concerning the design of individual sewage disposal systems and other utilities and the installation of fire hydrants as re- commended by the Fire Chief of the City of Roll- ing Hills; (F) Erosion control planting and structures with provision for the maintenance of planting un- til growth is established; (G) Support of cut and fill slopes by adequate retaining walls of concrete or masonry or other material approved by the City Engineer of the City of Rolling Hills; • _ (H) On -site and off -site drainage and drainage structures, including underground pipelines necessary to the proper use and protection of driveways, roads and other property; (I) Widening and improvement of existing roads abut- ting the subdivision; (J) Off -tract improvements wherever, in the opinion of the Board, such improvements are required for the health, safety and welfare of the prospective residents of the subdivision or where conditions necessitating such improve- ments are caused or aggravated by the proposed subdivision; (K) Submission of a final grading plan showing the finished. grading pad of all areas and the location of all proposed structures thereon, the depth, extent and slope of all driveways; (L) Cuts shall not be steeper in slope than two horizontal to one vertical. Board of Directors may require the excavation to be made with a cutface flatter than two horizontal to one vertical, if it finds it necessary for stability and safety; (M) All fill slopes shall not be steeper than two horizontal to one vertical. (1) All slopes shall be held to a maximum height of 30 feet and landscaped to the satisfaction of the Landscape Committee of the Rolling Hills Community. Association. (2) Where practical the slopes shall be cut and filled to resemble natural and/or rolling contours. 5. (N) All rubbish debris and other foreign material shall be removed from the property to be sub- divided and/or a certificate from the Los Angeles County Fire Department that the pro- perty is free of fire hazard. (0) Unless otherwise provided for to the contrary by a Declaration of Restriction covering the real property proposed to be subdivided, each new building site or lot in said subdivision shall have a minimum area of not less than one acre. In computing the minimum area set forth above, there shall be excluded from the area of each building site or lot the following: (1) That portion of said lot or build- ing site located within any road ease- ment adjacent to or adjoining the boundary or boundaries of said lot or building site; and (2) Driveways or roadways which provide ingress and/or egress to each new lot or building site in the subdivision. (P) Each new lot or building site to be created by the subdivision shall be one continuous parcel of land, and shall not be divided or separated by existing roads or roadways or proposed roads or roadways which are designated as private streets on the map of said proposed subdivision. VI. The following, among others, may be cause for disapproval of a subdivision: (A) Lack of adequate width or improvement of, access roads to the property; (B) Creation of a land -locked lot or building site 6. without frontage on a road or other approved ingress and egress from a road; (C) Cuts and fills having such steep slopes or great heights as to be unsafe under the circum- stances or unattractive to view; (D) Grading or construction work on any proposed road or building site. Grading or construc- tion work shall not be commenced prior to the approval of the subdivision by the Board of Directors and the recording of a Modification Agreement creating a building site on each of said proposed lots or parcels of land in said subdivision; (E) Potential creation of a hazard to life or property from floods, fire or other catastrophy; (F) Non-conformance with any officially adopted general plan of the City of Rolling Hills; (G) Creation of a lot or lots which have a ratio of depth to width in excess of three to one; (H) Lots or building sites which require the location of the building pad in a canyon. VII. There shall be filed with the Association Manager along with the subdivision map, a landscaping plan showing all trees, shrubs or ground cover (and the type thereof) to be planted in said subdivision. Said plan shall provide for ground cover on all cut and fill in slopes on roads and driveways and must be approved by the Landscape Committee prior to the approval of said map. (A) The boundaries of all easements on the peri- meter of each lot in the subdivision shall not be less than ten feet in width. (B) In the event any of the perimeter easements located on the boundary lines of the lots in the subdivision are required for bridle trails, 7. fire ,breaks, or as temporary passageways for motorized or maintenance equipment or vehicles, such easements shall be cleared and graded to readily permit such use. (C), Easements or rights of way for new roads or the widening of existing roads in the sub- division shall include a strip of land ten feet wide, with a slope of not more than five degrees horizontally. Said strip of land may be located on either side of the roadway. (D) Subdivider shall enter into an agreement with the Association whereby, in consider- ation of the approval of the subdivision, the subdivider shall agree to furnish all necessary equipment to complete the improve- ments specified in Paragraphs (A), (B), (C) above, and to complete the work in connection with said improvements within the time specified in the agreement..` Said agreement shall be secured by a good and sufficient improvement security which shall be one or more of the following: 1. A cash deposit with the Association: 2. A bond for one or more duly author- ized corporate sureties; or 3. An instrument of credit from one or more financial institutions sub- ject to regulation by the State of of California or the federal govern- ment, pledging that the funds necess- ary to complete the improvements 8. are on deposit and payment guaran- teed, and agreeing that the funds designated by the instrument shall become trust funds for the purposes set forth in the instrument. Said improvement security shall be in amounts as follows: (i) An amount determined by the Board of Directors of the Association of not less than 100% of the total estimated costs of the improvement, and conditioned upon the faithful performance of the agreement or con- tract; or (ii) An additional amount of 100% of the total estimated cost of improvement securing payment to the contractor for subcontractors and to persons renting equipment or, furnishing labor or materials to them for the improvement. VIII. The Association Manager, upon receipt of the application and map, will place the matter upon the agenda of the next regular meeting of the Board of Directors. The Board shall then review the application and map and shall within thirty (30) days thereafter fix a time and place for a public hearing to determine if said proposed division of land should be approved, conditionally approved, or disapproved. Prior to the date of the holding of the public hearing, the Board shall cause to be mailed to all owners of property within five hundred (500) feet 9. of the exterior boundaries of the property sought to be divided, a notice of the time and place of the holding of the public hearing. Said notice shall also state the location of the property sought to be divided, the owner thereof, the number of lots in said proposed subdivision, and notice that a plan of said proposed subdivision is on file at the Association office for examination prior to the public hearing. IX. Reserved X. Reserved XI. At that public hearing the Board of Directors shall: a) Invite comment from members present; b) Cause to be recorded in the minutes of the hearing the substance of the views of each speaker, and shall identify in the minutes all correspondence received in connection with the matter; c) Cause to be identified in the minutes all prior communication with, and considerations concerning the matter by the Architectural Committee and/or any other official body of the dommunity. XII. Within forty-five days after the holding of the public hearing, the Board of Directors shall consider all in- formation and exhibits presented at the public hearing, and shall consider all subsequent information which has been communicated to the Board. The Board shall then make one of the following decisions: Approving, con- ditionally approving, or disapproving the proposed sub- division. Within five days thereafter, the Board shall cause written notice of its decision to be mailed to the subdivider and to all owners of property within five hundred feet of the exterior boundaries of said 10. proposed subdivision. The Board shall have authority to employ an independent engineer to advise and counsel the Board as to the merits or demerits of the subdivision, before making a decision thereon. XIII. If the application for the proposed subdivision is approved by the Board, the application shall within one hundred eighty (180) days from the date of approval obtain the written consent on a form approved by the Board en- titled "Agreement and Consent re Amendment of Local Res- trictions and of Deed Restrictions", duly executed and notarized, of the owners of record of not less than 2/3 in area of, all land held in private ownership within five hundred (500) feet in any direction from the exterior boundaries of the property sought to be divided and shall, within that same period, present to the Association Manager, the executed document setting forth that consent. A) Said Agreement shall provide that the same shall become null and void and of no further force or effect unless a final subdivision map covering the property described in said Agreement shall be recorded within thirty-six (36) months from the date of the recording of said "Agreement and Consent re Amendment of Local Restrictions" as herein provided. B) Said Agreement shall describe by metes and bounds all newly created building sites in the subdivision. Each description of a build- ing site shall be approved by Title Insurance and Trust Company as to its correctness and form, before being incorporated into said Agree- ment. • 11. XIV. If the proposed subdivision is disapproved, the Board shall not consider a subdivision of the same land for a period of one year from the date of decision by the Board.All new applications for the subdivision of land previously denied by the Board shall comply with this Resolution. XV. Upon receipt of the Agreement, the Association Manager shall request that the applicant obtain an administra- tive certification from a qualified title insurance company that said title insurance company has determined, based upon information from an engineering company as to owners of record and its examination of applicable assessor's map books, that the persons having executed the consent document are in fact as of that date of said administrative certification the owners of record of not less than 2/3 in area of all lands held in private ownership within five hundred (500) feet in any direction from the exterior boundaries of the property concerning which the modification is sought to be made. XVI. If said administrative certification is executed by the title company and attached to the Agreement, the applicant shall be notified immediately and shall there- after, within thirty (30) days, pay to the Association additional fees in accordance with the following fee schedule: First 3 building sites Next 5 building sites Next 5 building sites All additional building sites over 13 $ 500.00 per $ 550..00 per $ 600.00 per $ 650.. 00 per site site site site XVII. After payment of all fees by applicant, and at the next regular Board meeting thereafter, the Board will determine 12. whether it has received adequate evidence of com- pliance with the intent of the provisions of Article XII above, and if it so determines, will then authorize by formal resolution, execution of its officers of a Modification Agreement to provide for the additional building sites requested in the proposed subdivision. XVIII. The Association, by approving the proposed subdivision, does not warrant or represent to the applicant that Palos Verdes Properties or any other necessary party will execute the Modification Agreement to create the additional building sites. XIX. The times specified in the Resolution for the performance of any act by either the Architectural Committee or the Board of Directors of the Association may be extended with the consent of the applicant. BE IT FURTHER RESOLVED that all prior policies, reso- lutions, rules and regulations heretofore enacted, passed and approved by prior Boards of Directors of the Association, regard- ing the division or creation of additional building sites, are of no further force and effect and are disapproved. PASSED, APPROVED AND ADOPTED this November, 1978 ATTEST: 16th day of Is/ Joan W. Saffo President of the Board of Directors of the Rolling Hills Community Association of Rancho Palos Verdes /s/ David Bray Secretary of the Board of Directors 13.