615, Covenants & Agreements, Staff Reports64 al Ra ez w9 qe ek
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
Agenda Item No.: 6-A
Mtg. Date: 01/26/15
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR U�
THRU: RAYMOND R. CRUZ, CITY MANAGER
SUBJECT: CONSIDERATION OF AN AMENDMENT OF A SUBDIVISION
DEVELOPMENT AGREEMENT RELATED TO TIME EXTENSION
FOR CONSTRUCTION OF IMPROVEMENTS IN A PREVIOUSLY
APPROVED PARCEL MAP NO. 26356, SUBDIVISION NO. 89, IN
ZONING CASE NO. 615, STORM HILL LANE.
DATE: JANUARY 26, 2015
ATTACHMENT:
Letter of request
Map of subdivision
Third Amendment to Subdivision Improvement Agreement
RECOMMENDATION
It is recommended that the City Council review and consider the request from Storm
Hill Properties Inc. to amend the current agreement with regard to the timing of the
construction of the infrastructure improvements. The applicants request that the
extension to construct the infrastructure to these lots be granted to June 2020, as there
are no plans to develop any of the parcels at this time. If the request is granted, it is
further requested that the City Council authorize the City Manager and City Attorney
to prepare and execute the necessary amended documents.
BACKGROUND
1. In November 2000, the City Council adopted Resolution No. 894; approving
Tentative Parcel Map No. 26356 to subdivide two existing lots totaling 67.6 acres into
four lots on Storm Hill Lane.
2. The conditions of the Tentative Map required that the applicants construct
certain improvements prior to filing a Final Map, or enter into a secured agreement
with the City to complete the improvements and land development work.
3. In June 2004, the City Council approved a Subdivision Development Agreement
regarding the construction improvements and a mitigation, restoration and
maintenance agreement of the vegetation communities, to be implemented after the
improvements are completed. The applicants posted construction bonds as follows:
Undergrounding of Utilities $219,247
Monumentation (required by LA County
Building Division) $4,255
Road Construction $127,839
Water main and fire hydrant $97,590
Corrective Geology (required by LA County
Soils and Geology Division) $82,800
TOTAL $531,731
plus 50% for each item for guaranteed payment to contractors for a total of $265,865.
In addition, a separate agreement was signed that requires re -vegetation of 0.32 acres of
land with native plants and maintenance and submittal of annual reports for five years
after completion of the re -vegetation. The area of native vegetation would be disturbed
in order to construct the road. The agreement stipulates that re -vegetation is to
commence one year after construction of the infrastructures is completed. The
applicants posted a bond with the City in the amount of $153,714 for this work.
4. The City Council approved a Final Map in June 2005. At that time the applicants
requested and were granted 36 months to complete the infrastructure construction from
the date the Final Map was approved or by June 2008.
The Agreement stipulated that the applicants could request an extension of time to
complete the improvements, which must be approved by the City Council.
5. Late in December 2007, the applicant submitted infrastructure construction plans
to Los Angeles County Building and Safety Department for plan check review. The
applicants originally anticipated commencing construction of the improvements by
summer 2008. However, realizing that the plan check and bidding process will take
some time the applicants filed for a 24-month extension of the agreement.
6. In March 2008 the City Council granted the applicants 24 months extension to
complete the construction of the infrastructures and an amended agreement was
prepared and signed by all parties. Based on the amended agreement the improvements
were to be constructed by June 2010.
7. In March 2010 knowing that the owners of the lots have no plans for
development on any of the vacant parcels, the applicant submitted a request to the City
Council for an extension of time to complete the infrastructures. The City Council
granted an extension to June 8, 2015 and all parties signed the appropriate documents.
The Agreements and the amendment are available at City Hall and may be reviewed by
anyone upon request.
8. Approximately seven months ago, the applicants submitted an application to the
Planning Commission for lot line adjustments between several of the lots, so that
development could occur on one of the lots and so that a shorter road could be
constructed. With such approval and construction, portion of the financial obligations
would be able to be returned to the owners. However, the owners did not pursue this
approach, and at this time have no plans for development of any of the 3 vacant lots.
9. The owners therefore request an extension for another 5 years to complete the
construction of the infrastructures, as they do not have a time frame when the vacant
parcels will be developed.
10. The applicants recognize that construction of the infrastructures including the
road, utilities, water mains and fire hydrant require substantial amount of grading and
disturbance of the existing topography of the parcels. A road and other improvements
would not serve anyone at this time, as the sites are not proposed for development, and
such grading project would disrupt the neighborhood. The assurances for the
infrastructure construction will come when the development of the parcels take place.
DISCUSSION
11. Prior to applying for this modification to the agreement, the applicants met with
City staff to discuss this issue. Staff supports the applicants' request to delay
construction of the improvements. Construction of the infrastructure would not serve
the existing home, the additional homes are not planned for construction, the grading
would have a negative impact on the natural state of the lots and the dirt would be
stockpiled on at least one of the properties for an indefinite period of time.
Additionally, it has been staff's practice to limit grading permits until a structure for a
site has gone through the plan check review process and is ready to be approved for a
building permit. As a practical matter, the development of the lots could not proceed
without grading for the road and construction of the infrastructure.
NOTICE
The applicant's representatives have been advised of the City Council's consideration of
their request and indicated they will be in attendance at the City Council meeting to
address the City Council and answer questions.
CONCLUSION
The following options are before the City Council:
4, 2,2.0
1. Approve the request to amend the requirement t construct the road and
other improvements by June 8, 2010 to 5 years from June 2015 or to other specific date.
2. Deny the request. With this option, the subdivision would become null
and void, as there would be no time to process the applications through the City for
such construction, process the approvals through the City's Building Department and
complete the improvements by June 2015.
It is further recommended that for option #1 above, the City Council authorize staff and
the City Attorney to prepare and execute the proper documents for signatures.
STORM PROP 1LR 111LLS, INC.
Ce
December 2, 2014
City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, CA 90274
Re: Parcel Map 26356 —Storm Hill Lane
1." '&.
DEC 0 3 2014
City of Roiling Hills
By
Dear Honorable Mayor and Members of the City Council:
Pursuant to Section 2 of the Second Amendment to the Subdivision Improvement Agreement, dated
May 27, 2010, this letter shall serve as a request to extend the subdivision improvements agreement for
Parcel Map 26356. We respectfully request that the completion date in which the improvements are to
be complete to be extended for five (5) years from June 8, 2015 to June 8, 2020 as none of the vacant
parcel owners have intensions of developing their lot.
We appreciate your consideration of this matter.
. R. Carr
Storm Properties, inc.
310-986-2440
p C�
23223 Normandie Ave., Torrance, CA 90501-5050 T: 310.534.5232 F: 310.534.8499
IOFFICE OF THE ASSESSOR
COUNTY OF LOS ANGELES
COPYRIGHT 0 2002
411
THIRD AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT
THIS THIRD AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT
("Third Amendment") is made and entered into by and between the City of Rolling Hills,
a municipal corporation ("City"), and Jane Alexandra Storm, Claudia Storm Bird, Storm
Industries Inc., John McGovern and Elizabeth McGovern (the "Subdividers"), whose
addresses are set forth in the amended Subdivision Reference Data attached hereto as
Schedule A, as of the date set forth below.
The Subdivision Improvement Agreement dated June 8, 2005, as amended on May 13,
2008 by a First Amendment to Subdivision Improvement Agreement, and on May 27,
2010 by a Second Amendment to Subdivision Improvement Agreement by and between
the City of Rolling Hills and the Subdividers ("Agreement") is hereby amended as
follows:
1. Schedules A through E attached to and incorporated in the Agreement, as
amended by the second amendment are hereby replaced in their entirety with Schedules
A through E attached hereto and incorporated herein by this reference.
2. Section 2. TIME OF PERFORMANCE shall be amended to read as follows:
Subdividers shall complete the Improvements, as specified in Schedule A,
Schedule B, Schedule C, Schedule D, and Schedule E not later than June 8, 2020 or upon
development of any one of the building sites of the Subdivision, whichever comes first.
4. Section 14. NOTICES shall be amended to read as follows:
All notices required or provided for in this Amendment shall be in writing,
delivered in person or by mail, postage prepaid, and addressed as follows:
If to the City:
If to the Subdividers:
City of Rolling Hills, City Manager
2 Portuguese Bend Road
Rolling Hills, CA 90274
Jay Ahluwalia, President
Storm Properties, Inc.
23223 Normandie Avenue
Torrance, CA 90501
Notice shall be effective on the date that it is delivered in person or, if mailed, on
the date of deposit in the United States Mail.
Except as modified herein, the Agreement is otherwise reaffirmed and in full
force and effect.
IN WITNESS WHEREOF, the parties have caused this Third Amendment to be
executed by their respective officers, thereunto duly authorized, as of the dates set forth
below their respective signatures.
"City" "Owner"
CITY OF ROLLING HILLS, A
MUNICIPAL CORPORATION
By:
Raymond R. Cruz, City Manager
Date:
Approved as to form:
MICHAEL JENKINS, Esq.
By:
Attest by:
Date:
City Attorney
6
JANE ALEXANDRA STORM, trustee or
her successors in trust, of the Jane Alexandra
Storm Trust dated October 18, 1991 as to an
undivided 1/4 interest.
By:
Date:
Name
CLAUDIA STORM BIRD, Trustee of the
Claudia Storm Bird Trust dated August 3,
1995 as to an undivided 1/4 interest.
By:
Date:
Name
STORM PROPERTIES, Inc.
Jay Ahluwalia, President
By:
Name
Date:
JOHN McGOVERN and ELIZABETH
McGOVERN, trustees of the McGovern
Community Property Trust, dated January
10, 2003 as to an undivided 1/4 interest.
By:
By:
Name
Name
Date:
SCHEDULE A
CITY OF ROLLING HILLS
LOS ANGELES COUNTY, CALIFORNIA
SUBDIVISION REFERENCE DATA
UNDERGROUNDING OF UTILITIES
FINAL PARCEL MAP NO. 26356
SUBDIVIDERS: Jane Alexandra Storm, Claudia Storm Bird, Storm Industries, Inc., John
McGovern and Elizabeth McGovern.
SUBDIVIDERS MAILING ADDRESS: Storm Properties, Inc.
23223 Normandie Avenue
Torrance, CA 90501
Attn: Jay Ahluwalia, President
CITY COUNCIL RESOLUTION OF APPROVAL NO. 894
SPECIFICATION: PER DEVELOPMENT PLAN DATED NOVEMBER 8, 2000
DESCRIPTION OF WORK:
A. Undergrounding of Utilities: All utility lines, including but not limited to
electrical, telephone and cable television, which will serve the four parcels
created by this Final Map along Storm Hill Lane shall be placed underground,
together with all appurtenant facilities, such as transformers and similar
equipment. The undergrounded utility lines shall be located within the
roadway easement of Storm Hill Lane from Johns Canyon Road at the south
to the hammerhead turn around on Storm Hill Lane to the north with
underground stems leading from Storm Hill Lane to each parcel of this
subdivision. There shall be no overhead utility lines across Storm Hill Lane.
ESTIMATED COSTS:
FAITHFUL PERFORMANCE
PAYMENT TO CONTRACTORS
EFFECTIVE DATE OF AGREEMENT: June 8, 2005
$219,247.00
$109,623.00
COMPLETION PERIOD: not later than June 8, 2020 or upon development of any one
of the building sites of the Subdivision, whichever comes
first.
FORM OF SECURITY: SURETY BOND
I
SCHEDULE B
CITY OF ROLLING HILLS
LOS ANGELES COUNTY, CALIFORNIA
SUBDIVISION REFERENCE DATA
MONUMENTATION
FINAL PARCEL MAP NO. 26356
SUBDIVIDERS: Jane Alexandra Storm, Claudia Storm Bird, Storm Industries, Inc., John
McGovern and Elizabeth McGovern.
SUBDIVIDERS MAILING ADDRESS: Storm Properties, Inc.
23223 Normandie Avenue
Torrance, CA 90501
Attn: Jay Ahluwalia, President
CITY COUNCIL RESOLUTION OF APPROVAL NO. 894
SPECIFICATION: PER PARCEL MAP NO. 26356
DESCRIPTION OF WORK:
Set a minimum of nine (9) survey monuments, or as otherwise required by the City
Engineer, and tie points in accordance with the Subdivision Laws, and deliver to the
City Engineer for his review the tie notes for the points.
ESTIMATED COSTS:
FAITHFUL PERFORMANCE
PAYMENT TO CONTRACTORS/ENGINEER
EFFECTIVE DATE OF AGREEMENT: June 8, 2005
$4,255.00
$2,127.00
COMPLETION PERIOD: not later than June 8, 2020 or upon development of any
one of the building sites of the Subdivision, whichever
comes first.
FORM OF SECURITY: SURETY BOND
SCHEDULE C
CITY OF ROLLING HILLS
LOS ANGELES COUNTY, CALIFORNIA
SUBDIVISION REFERENCE DATA
ROAD CONSTRUCTION —STORM HILL LANE
FINAL PARCEL MAP NO. 26356
SUBDIVIDERS: Jane Alexandra Storm, Claudia Storm Bird, Storm Industries, Inc., John
McGovern and Elizabeth McGovern.
SUBDIVIDERS MAILING ADDRESS: Storm Properties, Inc.
23223 Normandie Avenue
Torrance, CA 90501
Attn: Jay Ahluwalia, President
CITY COUNCIL RESOLUTION OF APPROVAL NO. 894
SPECIFICATION: PER DEVELOPMENT PLAN ENGINEER DATED OCTOBER 11,
2001.
DESCRIPTION OF WORK:
The work shall consist of grading of approximately 940 cubic yards of cut, 940 cubic
yards of fill and 3,760 cubic yards overexcavation for road construction and
reconstructing the base and pavement on Storm Hill Lane, beginning at the juncture of
Johns Canyon Road, providing 24 feet of pavement and 4 feet for bridle trail,
transitioning to 20 feet in width after the driveway entrances to Parcels 1 and 2, and
culminating in a hammerhead turn around. Construct inverted shoulder pavement of 10
feet with 2" minimum Asphalt Cement (A.C.) over a 6N crushed aggregate base. The
four -foot bridle trail on Storm Hill Lane shall be composed of 4" decomposed granite and
constructed to the L.A. County Fire Department Fire Protection Engineering all weather
access standards. The paving and bridle trail shall be separated by a 2" x 6" redwood
header.
ESTIMATED COSTS:
FAITHFUL PERFORMANCE
PAYMENT TO CONTRACTORS
EFFECTIVE DATE OF AGREEMENT: June 8, 2005
$127,839.00
$63,920.00
r
COMPLETION PERIOD: not later than June 8, 2020 or upon development of any
one of the building sites of the Subdivision, whichever
comes first.
FORM OF SECURITY: SURETY BOND
SCHEDULE D
CITY OF ROLLING HILLS
LOS ANGELES COUNTY, CALIFORNIA
SUBDIVISION REFERENCE DATA
WATER MAIN EXTENSION AND FIRE HYDRANT
FINAL PARCEL MAP NO. 26356
SUBDIVIDERS: Jane Alexandra Storm, Claudia Storm Bird, Storm Industries, Inc., John
McGovern and Elizabeth McGovern.
SUBDIVIDERS MAILING ADDRESS: Storm Properties, Inc.
23223 Normandie Avenue
Torrance, CA 90501
Attn: Jay Ahluwalia, President
CITY COUNCIL RESOLUTION OF APPROVAL NO. 894
SPECIFICATION: PER DEVELOPMENT PLAN DATED NOVEMBER 8, 2000
DESCRIPTION OF WORK:
Construct 1,820 L.F. of 6" Water Line, per California Water Service Company
specification and construct one new Fire Hydrant, if required by the Fire Department. If a
new Fire Hydrant is required, it shall measure 6" x 4" x 2-1/2" brass or bronze,
conforming to current L.A. County Fire Department requirements.
ESTIMATED COSTS:
FAITHFUL PERFORMANCE
PAYMENT TO CONTRACTORS
$97,590.00
$48,795.00
EFFECTIVE DATE OF AGREEMENT: June 8, 2005
COMPLETION PERIOD: not later than June 8, 2020 or upon development of any
one of the building sites of the Subdivision, whichever
comes first.
FORM OF SECURITY: SURETY BOND
SCHEDULE E
CITY OF ROLLING HILLS
LOS ANGELES COUNTY, CALIFORNIA
SUBDIVISION REFERENCE DATA
CORRECTIVE GEOLOGY
FINAL PARCEL MAP NO. 26356
SUBDIVIDERS: Jane Alexandra Storm, Claudia Storm Bird, Storm Industries, Inc., John
McGovern and Elizabeth McGovern.
SUBDIVIDERS MAILING ADDRESS: Storm Properties, Inc.
23223 Normandie Avenue
Torrance, CA 90501
Attn: Jay Ahluwalia, President
CITY COUNCIL RESOLUTION OF APPROVAL NO. 894
SPECIFICATION: PER DEVELOPMENT PLAN DATED NOVEMBER 8, 2000
DESCRIPTION OF WORK:
Remedial work for geological exploration to assure that the lots are geologically stable
per Los Angeles County Public Works Geotechnical and Materials Engineering Division
requirements.
ESTIMATED COSTS:
FAITHFUL PERFORMANCE
PAYMENT TO CONTRACTORS
EFFECTIVE DATE OF AGREEMENT:
$82,800.00
$41,400.00
June 8, 2005
COMPLETION PERIOD: not later than June 8, 2020 or upon development of any
one of the building sites of the Subdivision, whichever
comes first.
FORM OF SECURITY: SURETY BOND