2015-02RESOLUTION NO. 2015- 02
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS RECOMMENDING APPROVAL TO
THE CITY COUNCIL OF. A VESTING TENTATIVE PARCEL
MAP NO. 72232, SUBDIVISION NO. 93, A REQUEST TO
SUBDIVIDE A 7.05 ACRE LOT INTO TWO SINGLE FAMILY
RESIDENTIAL LOTS, AND RECOMMENDING APPROVAL OF
THE MITIGATED NEGATIVE DECLARATION, IN ZONING
CASE NO. 952 AT 80 SADDLEBACK ROAD, (TURPANJIAN).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES
HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was duly filed by Mr. Gerald Turpanjian,
with respect to real property located at 80 Saddleback Road, 7569-005-008. The
applicant requests to subdivide one existing vacant lot totaling 7.051 acres (gross)
into 2 parcels. Parcel 1 is proposed to be 2.40 acres gross and 1.96 acres net and
Parcel 2 is proposed to be 4.64 acres gross and 3.71 acres net.
Section 2. Willdan Engineering consultants acted as the City Engineer
for this project and reviewed the application and pertinent documents, studies
and materials. Their recommendations are incorporated into the conditions of
approval. Willdan Engineering found that the project is feasible for
implementation by the developer and that it is in conformance with City's and
state regulations pertaining to subdivisions.
Section 3. The project site is bounded on the north, west and northeast
by properties in the City of Rolling Hills that are similarly zoned (RA -S-1) and
developed with single family homes on minimum one -acre lots. To the south
and south-west the project site is bounded by a parcel owned by the City of
Rolling Hills, similarly zoned a portion of which is used for recreational
equestrian purposes ("The Caballeros Ring"). The property bordering on the
southeast, separated by a steep canyon, is an undeveloped 14.64 -acre parcel
("The Georgeff Parcel") in the City of Rancho Palos Verdes and is a land
preserve.
Section 4. The Planning Commission held duly noticed public hearings
in this case on November 17, 2014, December 16, 2014, January 20, 2015 and at a
field trip visit on January 20, 2015. The applicants were notified of the public
hearings in writing by first class mail. Evidence was heard and presented from
all persons interested in affecting said proposal, and from members of the City
staff and the Planning Commission. One letter of general concern with
subdivisions and development in the City and the effect of this particular
subdivision on the neighborhood was received from a neighbor. The Planning
Commission having reviewed, analyzed and studied said proposal and the
neighbors' concerns found that the project meets all criteria for a subdivision.
The applicants' representatives were in attendance at the hearings and addressed
the Planning Commission.
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Section 5. Title 16 of the Rolling Hills Municipal Code governs
subdivisions. Pursuant to Section 16.12.110 of Title 16, Subdivisions, of the
Rolling Hills Municipal Code, the Planning Commission is the advisory agency
for review of a Tentative Tract/ Parcel Map and the Commission is to make its
recommendations to the City Council upon completing evaluation of all
environmental proceedings pursuant to the local guidelines implementing the
California Environmental Quality Act (CEQA).
Section 6. Pursuant to the California Environmental Quality Act
(CEQA) staff prepared an Initial Study (IS) for the proposed subdivision. The
Initial Study is a preliminary evaluation of potential impacts and also identifies
mitigation measures to address impacts. Staff has concluded that the project will
not have a significant effect on the environment, subject to incorporation of
mitigation measures, including those recommended in the Biological Resources
Assessment report prepared by an environmental consultant.
As required by CEQA, staff mailed the Initial Study to local cities, and state
agencies for their comments. Notices of the public hearings, field trip and of the
preparation of the Mitigated Negative Declaration was also mailed to residents
within 1,000-foot radius of the project. Comments were received from City of
Rancho Palos Verdes and the Fire Department. The comments and responses
were incorporated into an amended Mitigated Negative Declaration.
Section 7. The Planning Commission has reviewed the proposed
Mitigated Negative Declaration and finds that it represents the independent
judgment of the City and that it was prepared in compliance with CEQA.
Therefore, the Planning Commission finds there will not be a significant effect in
this case on the environment because mitigation measures have been added to
the project, and are incorporated herein by reference. Based upon these findings,
the Planning Commission hereby recommends that the City Council adopt the
Mitigated Negative Declaration in accordance with the California Environmental
Quality Act.
Section 8. Pursuant to Section 16.12.150 of the Rolling Hills Municipal
Code the Planning Commission makes the following findings of fact:
A. The proposed tentative parcel map and the design and improvement
of the proposed subdivision are consistent with the applicable General Plan,
including but not limited to, the following goals and policies of the General Plan:
1. Maintain Rolling Hills' distinctive rural residential character (Land
Use Element, p. 15) by creating a subdivision meeting the minimum lot size
standard that will allow significant portions of the parcels to remain
undeveloped thereby maintaining open space and scenic vistas.
2. Accommodate development which is compatible with and
complements existing land uses (Land Use Element, p. 15) by creating a
subdivision with lots that are greater than the minimum lot size and allowing
significant portions of the parcels to remain undeveloped, preserving the City's
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easements and open space system, and preserving significant areas and
maintaining the rural character of the City.
3. Accommodate development that is sensitive to the natural
environment. There are no environmental or geological hazards on the property.
(Land Use Element, p.16).
4. Conserve and enhance the City's natural resources, facilitating
development in a manner which reflects the characteristics, sensitivities and
constraints of these resources (Open Space and Conservation Element, p. 15) by
creating a subdivision with lots that are greater than the minimum lot size
required and meeting all design standards of the Rolling Hills Subdivision
Ordinance.
B. The site is physically suitable for the proposed density and type of
development. The proposed use, density, and proposed subdivision
improvements are permitted in the RA -S-1 zone. The RA -S-1 Zone requires that
the minimum lot size be 1 acres net. The project has 7.05 acres gross and creates
lots with the following dimensions: Parcel 1 is proposed to be 2.40 acres gross
and 1.96 acres net and Parcel 2 is proposed to be 4.64 acres gross and 3.71 acres
net.
C. The design of the subdivision includes two additional driveways
and closure of the existing driveway. Although the Traffic Commission reviewed
and approved, in concept, the two driveways that would serve the new parcels,
additional driveway approaches along Saddleback Road would not be feasible
from a safety standpoint, as Saddleback Road in the area of the parcels is located
at an extreme curve and would affect sight visibility of oncoming traffic, and
therefore the subdivider has voluntarily consented to record a restrictive
covenant prohibiting the further subdivision of each of the two parcels.
D. The design of the subdivision or the proposed improvement is not
likely to cause substantial environmental damage; or substantially and avoidably
injure fish or wildlife or their habitat, because the property is within an area of
the City, designated for development and the City's development criteria will
insure that any fish, wildlife, or sensitive habitats on the property are adequately
protected. Although the Initial Study prepared for the project identified sensitive
vegetation and potential presence of an endangered bird (gnatcatcher), which
will be studied for its presence at the time the project is presented for
development, and if present will be protected or relocated, per the conditions of
approval specified in this Resolution, the subdivider has voluntarily consented to
record a restrictive covenant prohibiting the further subdivision of each of the
two parcels created to preserve the natural environment.
E. The design of the subdivision or type of improvements is not likely
to cause serious public health problems because conditions of approval have
been applied to the project to require compliance with applicable codes and
ordinances designed to protect public health and safety.
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F. The design of the subdivision or type of improvements will not
conflict with easements acquired by the public at large for access through or use
of property within the proposed subdivision. New roadway easements will be
recorded in favor of the Rolling Hills Community Association and adequate
access will be provided to each parcel. In addition, each parcel created as part of
this subdivision will contain perimeter easements providing access for roads,
trails, and public utilities. As a condition of approval, these easements will be
recorded in deeds prior to approval of the final map.
G. The proposed subdivision will not adversely affect the housing
needs of the region.
H. The proposed use will be in substantial compliance with the
provisions of the Residential Development Standards in the Rolling Hills Zoning
Ordinance. The proposed use will be compatible with other existing residential
development in the immediate area.
I. The tentative map design provides for future passive or natural
heating or cooling opportunities in the subdivision to the extent feasible because
the project is designed with lots of adequate dimensions to maximize the
opportunities for passive and natural heating and cooling.
J. The tentative map does not propose to divide land, which is subject
to a contract entered into pursuant to the California Land Conservation Act of
1965, because the property in question has not been included in any such
contract.
K. Pursuant to Section 66474.6 of the Government Code (Subdivision
Map Act), the discharge of waste from the proposed subdivision into proposed
septic systems will not result in violation of existing requirements prescribed by
the California Regional Water Quality Control Board, because the subdivider is
required to comply with all Conditions of Approval regarding waste disposal as
required by the Health Department.
L. Pursuant to the Rolling Hills Municipal Code Section 16.12.155, this
Tentative Parcel Map is consistent with and does not impact the County of Los
Angeles Hazardous Waste Management Plan. The project will not generate any
hazardous waste.
Section 9. Based upon the foregoing findings, the Planning
Commission recommends that the City Council approve Tentative Parcel Map
No. 72232, Subdivision No. 93 in Zoning Case No. 852, a request for a two (2) -lot
subdivision of land subject to the following conditions:
MISCELLANEOUS CONDITIONS:
1. This Tentative Map shall expire two (2) years from the date of City
Council approval. The Tentative Map was approved on and shall expire on the
following dates:
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EXPIRATION DATE:
This approval shall become null and void if a final map has not been timely filed
prior to the expiration date or any extension granted in accordance with
provisions of the Subdivision Map Act. Pursuant to the Subdivision Map Act, an
extension of time to the expiration date may be granted by the City Council upon
submittal of a formal application, the required fee and exhibits at least forty (40)
days prior to expiration of the map. The duty of inquiry as to such time
expiration shall be upon the subdivider.
2. This Tentative Parcel Map is granted for all boundary lines,
easements, rights-of-way, and construction of off-site improvements as shown on
the map dated January 7, 2015, which is on file in the Planning Department as
modified by the Conditions of Approval.
3. This Tentative Parcel Map approval is subject to all applicable
requirements of the State of California, the County of Los Angeles, the City of
Rolling Hills, any other affected governmental entities, and the requirements of
the Rolling Hills Community Association. The duty of inquiry as to such
requirements shall be upon the subdivider.
4. The subdivider shall comply with all the requirements of the
Rolling Hills Municipal Code, and all requirements of the City of Rolling Hills
ordinances, resolutions, engineering standards and other applicable standards,
that are in effect at the time that subdivision improvement permits are issued for
the development.
5. The applicant shall obtain approval of, and all required permits
from, the Rolling Hills Community Association for all of the subdivision
improvements affecting easements, roads, and trails.
6. At the time plans are submitted for construction purposes the
property owner of each lot shall be required to pay all applicable fess, including
but not be limited to City discretionary review permit fees, all of the applicable
Building and Safety and Public Works Department fees, including City's Parks
and Recreation Fees and Palos Verdes Unified School District fees for new
homes.
7. Coordination with utility companies by the applicant's engineer
during design and construction of the infrastructures shall be required in order
to ensure that required public improvements are not in conflict with existing or
proposed utilities.
S. When exhibits and written conditions of approval are in conflict,
the written conditions shall prevail.
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9. The Tentative Parcel Map shall show and contain all of the matters
and details as required by the City of Rolling Hills Subdivision Ordinance
Section 1612.050. If it is impossible or impracticable to place upon the tentative
map any matter required in this section, such matter or information shall be
furnished in a written statement, which shall be appended to and submitted with
such map.
10. There shall be filed with the tentative map a geological report
prepared by a registered engineering geologist, as required by the Business and
Professions Code of the State, showing the geological characteristics of the
proposed lots in the proposed subdivision, and confirming that a building site
can be developed on the lot which is free of geological hazard. Said report and
the conclusions contained therein shall be approved by the City Engineer, and
may be subject to the provisions of Chapter 16.36 Geological Investigation and
Report Required, of the Rolling Hills Municipal Code.
11. The Tentative Parcel Map shall comply with all provisions of the
City Subdivisions and Zoning Ordinance, including but not be limited to the area
requirements and subdivision development standards of the RA -S-1 Zone
requiring a minimum parcel standard of one net acres per lot.
12. The driveway approaches shown on the tentative map were
reviewed by the City's Traffic Commission and deemed feasible for future
development. Although the Traffic Commission reviewed and approved in
concept the two driveways that would serve the new parcels, additional
driveway approaches along Saddleback Road would not be feasible, as
Saddleback Road in the area of the parcels is located at an extreme curve and
would affect visibility of oncoming traffic, and therefore the subdivider has
voluntarily consented to record a restrictive covenant prohibiting the further
subdivision of each of the two parcels.
13. In lieu of establishing the final specific locations of structures on
each parcel at this time, the owner, at the time of issuance - of a grading or
building permit, agrees to develop the property in conformance with the City
ordinances and other appropriate ordinances including but not be limited to the
Building Code, Plumbing Code, Grading and Drainage Code, Green Building
Code, Mechanical Code, Sanitary Sewer and Industrial Waste Ordinance,
Electrical Code, and Fire Code. Improvements and other requirements may be
imposed pursuant to such codes and ordinances.
B. THE FOLLOWING CONDITIONS SHALL BE COMPLETED PRIOR TO
OR IN CONNECTION WITH RECORDATION OF THE FINAL MAP:
General Conditions
1. Details and notes shown on the tentative map are not necessarily
approved. Any details or notes, which are inconsistent with requirements or
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ordinances, general conditions of approval, or City policies, must be specifically
approved in the final map or improvement plan approvals.
2. A final map prepared by, or under the direction of a Registered Civil
Engineer authorized to practice land surveying, or a licensed Land Surveyor,
must be processed through the City Engineer's office prior to being filed with the
County Recorder.
3. If applicable, delineate restricted use areas, approved by the consulting
geologist and/or soils engineer, to the satisfaction of the City Engineer, and such
area shall be recorded with the Final Parcel Map as a right to prohibit the
erection of buildings or other structures within the restricted areas.
4. A preliminary subdivision guarantee is required showing all fee
interest holders and encumbrances. An updated title report shall be provided
before the final map is released for filing with the County Recorder.
5. Monumentation of map boundaries, street centerline and lot
boundaries are required for a map based on a field survey.
6. If the relationship of existing buildings/ sewage disposal
component to the new lot/parcel lines creates conditions that do not comply
with the Building Code/Plumbing Code/Zoning Ordinance, these non-
complying conditions shall be corrected or the parcel lines relocated prior to the
division of land.
7. Offer shall be made to grant ingress/ egress and utility easements to
the public over the private street(s).
8. All easements that will be in existence at the time of final map
approval must be accounted for on the approved tentative map. This includes
the location, owner, purpose, and recording reference for all existing easements.
If an easement is blanket or indeterminate in nature, a statement to that effect
must be shown on the tentative and final map in lieu of its location.
9. Prior to submitting the parcel map to the City Engineer for
examination pursuant to Section 66450 of the Government Code (the Subdivision
Map Act), obtain clearances from all affected Departments and Divisions,
including the contract map checker, who will be responsible for checking the
map for technical correctness. The County of Los Angeles Land Development
Group will be responsible for tax clearances, checking the map against the Final
Subdivision Guarantee, and assigning a Book and Page(s) for the approved map.
10. The subdivider shall prepare and submit with the Final Map a
restrictive covenant between the City and the owner of the two parcels created
pursuant to this application barring the further subdivision of said parcels. The
covenant shall comply with all requirements set forth in California Civil Code
sections 1460 et seq., shall be recorded contemporaneously with the recording of
Final Map No. 72232 creating the two parcels affected, and shall be in a form
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substantially similar to the form attached to Resolution No. 2015-02 as Exhibit A
and incorporated herein by its reference.
ROADS, DRIVEWAYS, UTILITIES, WATER QUALITY
Roads
11. A 5 -foot roadway easement along Saddleback Road shall be
provided to the Rolling Hills Community Association, so as to create the
required full 30- foot width for roadway easement or show that the easement
exists.
Driveways and Trails
12. If trails are required by the RHCA they shall be dedicated to the
RHCA and shown on the Final Map.
13. Driveways serving private property shall meet Fire Department
standards for access.
Utilities
14. Utility lines, including but not limited to electric, communications,
and cable television, shall be placed underground prior to receiving final map
approval from the City Council. The subdivider shall be responsible for
complying with this requirement, and shall make the necessary arrangements
with the utility companies for the installation of such facilities. All appurtenant
and associated equipment such as, but not limited to transformers, meter
cabinets and other facilities shall be placed underground, unless the affected
utility company determines that placement of its facilities underground is not
technically feasible. The subdivider may request a waiver from this requirement,
by providing a letter to the City from the utility companies explaining the
reason(s) why the undergrounding of the appurtenant facilities is not feasible.
15. All other required improvements shall be completed. If such
improvements, other than undergrounding of utilities, are not completed before
a final map is approved, the subdivider shall enter as contractor into an
agreement with the City to complete the improvement no later than thirty-six
months after recording the final map or such other time as determined by the
City Council at the time the final map is approved.
16. Any utilities that are in conflict with the development shall be
relocated at the developer's expense.
Water Services
17. The subdivision/ project shall conform to the design standard and
polices of the Fire Department and the California Water Co., in particular, but
not limited to the following items:
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(a) Water services shall be provided by and a "water availability certificate"
signed by California Water Service. All lots shall be served by adequately sized
water system facilities, which shall include fire hydrants of the size, type and
location as determined by the Fire Chief.
(b) Prior to the filing of the final map, there shall also be on file with the City
Engineer, a statement from the water purveyor indicating subdivider compliance
with the Fire Chief's fire flow requirements.
(c) A water system maintained by the water purveyor, with appurtenant
facilities to serve all lots in the project, must be provided. The system shall
include fire hydrants of the type and locations (both on-site and off-site) as
determined by the Los Angeles County Fire Department. The water mains shall
be sized to accommodate the total domestic and fire flows required for the land
division. Fire flows required are to be determined by the Fire Chief and may
include the demand for fire sprinklers.
(d) Fire hydrants shall be provided and located in accordance with Los
Angeles County Fire Department requirements and standards.
(e) Easements shall be granted to the appropriate agency or entity for the
purpose of ingress, egress, construction and maintenance of all infrastructures
constructed for this land division to the satisfaction of the City Engineer.
(f) Plans and specifications for the water system facilities shall be submitted
for approval to the water company serving this land division. The subdivider
shall submit an agreement and other evidence, satisfactory to the City Engineer,
indicating that the subdivider has entered into a contract with the servicing
water purveyor guaranteeing payment and installation of the water
improvements.
Geotechnical Engineering & Engineering Geology
18. A geological and geotechnical report shall be submitted to the City
Engineer showing feasibility for development of a single family residence and a
stable on each lot.
Grading and Drainage
19. Grading and drainage will be addressed at the grading and
construction plan check stage.
Los Angeles Countv Fire
20. The private driveways shall be indicated on the final map as
"Private Driveway and Fire lane" with the widths clearly depicted. Driveways
shall be maintained in accordance with the Fire Code.
21. This property is located within the area described by the Fire
Department as "Very High Fire Hazard Severity Zone". A "Fuel Modification
Plan" shall be submitted to the Fire Department prior to final map clearance.
22. Locate all existing or proposed fire hydrants on the plans. Fire
hydrants shall be placed as required by the Fire Department.
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Septic Svstem: Los Angeles County Department of Public Health
23. Prior to the recordation of the final map, each lot shall provide
satisfactory evidence to the City Engineer of a percolation test indicating
acceptable conditions for the future onsite wastewater treatment system in
accordance with Los Angeles County Environmental Health Onsite Wastewater
Treatment System requirements.
C. THE FOLLOWING CONDITIONS AND MITIGATION MEASURES
SHALL BE IMPLEMENTED PRIOR TO, WHERE APPLICABLE, AND DURING
THE GRADING AND DEVELOPMENT ACTIVITIES FOR THIS SUBDIVISION:
1. At the time of submittal for discretionary permits for construction
the developer shall comply with all of the requirements of the City of Rolling
Hills Municipal Code. The City reserves the right to impose additional
conditions.
2. Each of the two new primary driveways shall have a 26 -foot wide
apron, which will taper to a 20 -foot wide driveway and have a slope of 7% for
the first 20 -feet at the entry off Saddleback Road and 12% at the steepest point, or
as required by the Fire Department. The first twenty feet of the apron /driveway
shall be roughened.
The existing apron serving 80 Saddleback shall be closed off; however
access to the adjacent property (86 Saddleback) that shares the apron and/or
driveway must remain and easements granted for such use, or the apron
relocated entirely on the adjacent property that it serves, with Traffic
Commissions review and approval.
3. The grade of access to the stable and corral areas shall not be greater
than twenty-five (25) percent.
4. The turn around area on the top of each driveway shall be no less
than 64 feet in diameter. The turn around shall be designed, constructed and
maintained to insure their integrity for Fire Department use.
5. The applicant shall obtain State Construction Activity Permit and
meet all of the requirements of the National Pollution Discharge Elimination
System (NPDES) permit pertaining to construction activities prior to obtaining
grading permit. The applicant shall meet the water quality requirements for the
State Permit and the City's Low Impact Development Ordinance and prepare the
appropriate plans, which shall be reviewed by the City Engineer and planning
staff.
6. Results from percolation testing conducted for the tentative parcel
map application may be used in the future study, if the proposed dispersal field
or seepage pit will be in the same location where tests were conducted and
referenced in updated geology report, except when significant changes in
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geology and/or changes in percolation testing procedures have occurred after
the date of the testing required for this application.
7. Vehicular access must be provided and maintained serviceable
throughout construction to all required fire hydrants. All required fire hydrants
shall be installed, tested and accepted by the Fire Department, prior to issuance
of a final inspection for the grading of this project.
8. If required by the Fire Department, fire hydrants shall be protected
by bollards.
9. The Water Company shall verify fire flow.
10. A grading and drainage plan must be provided for each lot having
an independent drainage system to the satisfaction of the City Engineer.
Drainage plans must provide for contributory drainage from adjoining
properties, including dedication of the necessary easements.
11. Historical or existing storm water flow from adjacent lots must be
calculated into the hydrology of the area received and directed by gravity to the
street, catch basin or an approved drainage system to the satisfaction of the City
Engineer. Design for discharge from the lots shall be subject to the City's Low
Impact Development Ordinance, Chapter 8.32 of the Rolling Hills Municipal
Code.
12. Each parcel is dependent upon the use of individual private sewage
disposal systems, which shall be constructed to the standards of the Los Angeles
County Public Health Department.
13. The property owner shall repair any broken or damaged pavement
on streets abutting the subdivision, if determined that it resulted from the
development on any of the proposed lots.
14. Prior to occupancy an approved building address shall be provided
to the Fire Department and other appropriate agencies.
15. Dust and Exhaust Controls: During construction the project shall
conform with South Coast Air Quality Management District, Los Angeles
County and local ordinances and engineering practices by using dust control
measures to stabilize soil from wind erosion and reduce construction -generated
dust construction activities, including but not be limited to the following:
a. Air Quality:
* Water the site twice daily including any stockpiled dirt
Apply non-toxic soil stabilizers to inactive graded areas
* Periodically clean roads at the end of day if visible soil is carried onto paved
roads adjacent to the site. If a water sweeper is used, it shall used reclaimed
water
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• Install wheel washers where vehicles enter and exit the construction site onto
paved roads or wash off trucks and any equipment leaving the site each trip
• Appoint a construction relations officer to act as community liaison for on-site
construction activity including resolution of issues related to PM10 dust
generation
• All trucks hauling dirt, sand, soil, or other loose materials shall be covered
• Traffic speed limits shall be observed at all times
• The applicants shall explore the feasibility of using reclaimed water, if
available, for all of their watering requirements during construction.
b. A High Wind Response Plan shall be developed and implemented before
commencement of grading activities, subject to City review and approval per
SCAQMD Rule 403 for times when wind speeds exceed 25 mph.
c. Heavy construction equipment shall be properly tuned and maintained to
reduce emissions. Construction equipment shall be fitted with the most modern
emission control devices.
d. The project shall comply with Rule 461, which establishes requirements for
vapor control from the transfer of fuel from the fuel truck to vehicles, if
applicable, both during construction and subsequent operations.
e. Provide temporary traffic controls such as a flag person during delivery of
heavy equipment or building materials to maintain smooth traffic flow.
f. Use electricity from power poles rather than temporary diesel or gas
generators;
g. Reroute haul trucks away from congested streets or sensitive receptor areas;
h. No vehicles shall idle in excess of five minutes, both on-site and off-site.
16. Biolozical Resources
A Biological Resources Assessment study was prepared for the proposed project.
The consultant found that no species of plants or animals listed as threatened or
endangered were observed on the property. One species of protected bird, the
red-tailed hawk, was observed. No other plants or wildlife considered sensitive
or protected by any state, local of federal regulations were observed and no
features indicative of wildlife movement corridors were observed. However, in
order to ensure that substantial adverse impacts do not result from the project,
prior to grading for development the following measures shall be implemented:
1. Prior to the start of grading, conduct a survey for coastal California
gnatcatcher according to the most current survey protocol
2. Prior to the start of grading, conduct a survey for sensitive plants.
3. Based on the results of the surveys above, coordinate as
appropriate with the regulatory agencies to identify appropriate
avoidance, minimization and mitigation measures.
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17. Archeological Resources
Resource Identification: Should significant unique archaeological
resources be found during the grading or construction within the project, the
construction shall cease and the applicant at his sole expense shall hire an
archeologist to assess the resources. The City of Rolling Hills shall approve of the
archeologist. The archeologist shall establish procedures for archaeological
resource surveillance, and shall establish, in cooperation with the project
proponent, procedures for temporarily halting or redirecting work to permit the
sampling, identification, and evaluation of the artifacts as appropriate. If
additional or unexpected unique archaeological features are discovered, the
archaeologist shall report such findings to the project proponent and to the City
Manager. If the archaeological resources are found to be significant, the
archaeological observer shall determine appropriate action, in cooperation with
the applicant, for exploration and/or salvage.
18. Hazards Construction BMPs: Best Management Practices shall be
maintained at all times during demolition, relocation, renovation and
construction of project elements. At a minimum, the BMP program shall include
protection of the blue line stream and canyon below the project site located in the
City of Rancho Palos Verdes, and implement in the construction process
sediment controls and sediment tracking controls (street sweeping or tire baths
before exiting the site), designated storage of all construction materials outside
the path of storm flows, disposal of construction wastes in appropriately -rated
landfills, standby BMPs that can be implemented within 24 -hours of a predicted
storm, minimizing the footprint of construction zones and prompt installation of
erosion controls; stabilizing disturbed soils and slopes with landscaping, paving
or reseeding to reduce or eliminate erosion; perimeter damage controls to direct
runoff around construction areas; detention/ infiltration ponds for direct
percolation of sediment -laden waters on the site; and bid specifications that
require regular inspection and maintenance of equipment during construction.
19. Demolition Debris: Pursuant to the City's Construction and
Demolition Ordinance, minimum of 50% of construction and demolition debris
generated from this project shall be recycled or diverted from landfills and
verification provided to the City
Noise
20. Hours of Operation: Although approval of the project will result in
intermittent loud noise levels during grading operation and construction the
noise will be temporary. During construction, the property owners shall be
required to schedule and regulate construction activities including related traffic,
and therefore limit noise throughout the day between the hours of 7 AM and b
PM, Monday through Saturday only, when construction and mechanical
equipment noise is permitted so as not to interfere with the quiet residential
environment and normal flow of traffic of the City of Rolling Hills.
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21. Mufflers: The contractor shall be required to install on all vehicles
and construction equipment properly maintained and operating mufflers and
other state required noise attenuation devices.
22. Equipment Operation: During grading and construction
operations, trucks shall not park, queue and / or idle at the project site or in the
adjoining right-of-way before or after the permitted hours of operations.
APPROVED AND ADOPTED THIS 17" DAY OF FEBRUARY
CAELF, CHAIRMAN
ATTEST:
MtXJ
iHEIDI dLLU4,CITY CLERK
TPM 72232 14
Reso.2015-02
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES ) �§
CITY OF ROLLING HILLS }
I certify that the foregoing Resolution No. 2015-02 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS RECOMMENDING APPROVAL TO
THE CITY COUNCIL OF A VESTING TENTATIVE PARCEL
MAP NO. 72232, SUBDIVISION NO. 93, A REQUEST TO
SUBDIVIDE A 7.05 ACRE LOT INTO TWO SINGLE FAMILY
RESIDENTIAL LOTS, AND RECOMMENDING APPROVAL OF
THE MITIGATED NEGATIVE DECLARATION, IN ZONING
CASE NO. 852 AT 80 SADDLEBACK ROAD, (TURPANJIAN).
was approved and adopted at a regular meeting of the Planning Commission on
February 17, 2015 by the following roll call vote:
AYES: Commissioners Kirkpatrick, Gray, Mirsch, Smith and Chairman
Chelf.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices
1JPC4LEKtyj)
TPM 72232 15
Reso. 2015-02
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Rolling Hills
Planning Department
2 Portuguese Bend Road
Rolling Hills, California 90274
f 3
� f
RESTRICTIVE COVENANT r� " ✓✓✓ f ;f
f
This Restrictive Covenant (this "Covenant") is made and entered iris rr of th' ,%"
day of , 2015 by Mr. Gerald Turpanjian ("Owner") in\'r=a ,tfie City of
Rolling Hills, California, a municipal corporation ("City").
RECITALS
A. Owner is the owner of that certain re mope �ated\a`[ a"A commonly known as
80 Saddleback Road, Rolling Hills, California 4, whi aal prorty is identified by Los
Angeles County Assessor's Parcel Numbers 756 0 rind further and legally described on
Exhibit A attached hereto and incorporated ."n by �� t�rence (the Property").
B. Owner desires to subdivide t' ria.' 17�g one`(J),,parcel to create two (2) single-family
lots and has submitted the appropriate appli .galn vii?I1the City in accordance with the provisions of
the Subdivision Map Act (Govern ode Jrr!rin� 0 et seq.) and the Rolling Hills Municipal
Code.
C. The City is a unique ,�oqunity situated astride the San Pedro Hills of the Palos
Verdes Peninsula. Th maintain `Distinctive rural residential character and is comprised
entirely of single-famil `' . ocate large parcels of land. The Property is adjacent to a
Nature Preserve and an urve along Saddleback Road, and development on the
5
Property is currently Ii d ne gle-family residence. In connection with the proposed
subdivision,y virwr desi prohibit further subdivision of the two newly -created parcels to
preserve_statural bea `_ f the preserve, sight visibility along Saddleback Road and the rural
charact , gf'the neJ2hbwh and the City as a whole.
f� COVENANT
NOW, T FORE, in consideration of performance by Owner of the covenants and
conditions her -htained, the parties do hereby agree as follows:
1. Compliance. Owner hereby covenants and agrees, on behalf of itself and on behalf
of its heirs, successors, administrators, and assigns, that the subdivision permitted pursuant to the
approval of Tentative Tract Map No. 72232 and Subdivision No. 93 to subdivide the Property into
two single-family residential lots shall be completed in compliance with all the conditions of
approval of City Council Resolution No. , to which this covenant is attached as Exhibit A and
incorporated therein by this reference. Owner further covenants and agrees, on behalf of itself and
on behalf of its heirs, administrators, successors, and assigns, that that the Property shall not be
further subdivided unless City and Owner mutually agree in writing to rescind this Covenant.
2. Future Approval Required. Owner hereby covenants and agrees that any future
proposal to further subdivide any of the two parcels created pursuant to Tentative Tract Map No.
72232 and Subdivision No. 93 shall require (i) the approval of a new tract or parcel map and a
subdivision application and (ii) shall require written consent from the City and the then owner of the
parcel to rescind this Covenant.
3. Covenants Run with Land. This Covenant shall constitute a servitude against the
Property and a covenant which runs with the land, and the terms of this Covenant shall be binding
upon and inure to the benefit of, as the case may require, the respective heirs, successors in
interest, and assigns of the parties hereto.
4. Recordation. This covenant shall be duly recorded in the Officilords of the Los
Angeles County Recorder at the time, contemporaneously with the recordof a I Map No.
72232, and proof of such recordation shall be submitted to City.
5. Breach. If Owner shall in any manner violate the terms of thvenant shall
have all remedies available to it at law or in equity. t-`
6. Successors and Assigns. This Covenant a4--, ch and eeve&m, condition,
restriction, and exhibit contained herein is intended for the ben the and the public
and constitutes an enforceable covenant pursuant to aiisio heia Government
Code Sections 65915 and 65915.5, and shall bind O its :-4-ces ators, heirs and
assigns, and each and all of them, and shall an ;r-�fntende to run wi �tand shall be a
burden upon the Property.
7. Waiver. The waiver byCo I .any lir Bch by Owner of any term, covenant,
restriction or condition herein contained shaeem be a waiver of such term, covenant,
restriction or condition or any subsequen ':;6re 'of the,,;"ame or any other term, covenant,
restriction or condition herein cont*ed.
8. Attornevs' Fees. y —We"rought to declare the rights granted herein or to
enforce or to interpret any of the terrroO-,pf this Covenant, the prevailing party shall be entitled to
recover from the losing all of thepr` �yailing party's costs of suit, including but not limited to an
award of reasonable at�es in ani*unt determined by the court.
9. Entire A_ me /�ovenant constitutes the entire agreement between the
parties hereto ' h resp a subject matter hereof and supersedes all prior representations,
negotiation ' ucement ':omises or agreements, whether oral or written.
'0. A t. this Covenant may be amended or modified only by a written
instrum d a c�nowledged by both City and Owner, or their respective successors in
interest, corded he Official Records of the Los Angeles County Recorder's Office.
11. s. The captions used in this Covenant are solely for reference and the
convenience of a parties. Said captions do not constitute a part of this Covenant and in no way
bind, emit, describe, amplify or limit the meaning of the provisions of this Covenant.
12. Severabilitv. Any provision of this Covenant found by a court of competent
jurisdiction to be invalid or unenforceable for any reason shall be severed from the Covenant and
shall in no way affect the enforceability or validity of any of the other covenants, conditions or
restrictions or provisions hereof, or the application thereof to any other person or entity, and the
same shall remain in full force and effect.
13. Time is of the Essence. Time is of the essence in the performance of each and
every provision of this Covenant.
14. Governing Law. This Covenant shall be governed by and construed in accordance
with the laws of the State of California.
15. Notices. Any notices required or authorized by this Covenant shall be in writing and
shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service
during regular business hours; or (b) on the third business day following deposit in the United
States mail, postage prepaid, return receipt requested, to the addresses set forth in this Covenant,
or to such other addresses as the parties may, from time to time, designatein i�ng pursuant to
the provisions of this section. All notices to City shall be addressed as follows of Rolling Hills,
Planning Department, 2 Portuguese Bend Road, Rolling Hills, California, 74. 4 notices to
Owner shall be addressed as follows: Mr. Gerald Turpanjian, 22 Portu a Be oad, Rolling
Hills, CA 90274
16. Lienholder Protection. No breach or violation of the provisions oh a:shall
defeat or render invalid the lien of any mortgage, deed of trust similar g
instrume shall/
defeat a loan
made in good faith and for value with respect to the Property. rovisions of t 'sCovenant shall
otherwise bind and benefit the subsequent owners of the Pro a se title i uired by judicial
or non -judicial foreclosure, deed in lieu of foreclosure eL i ovi ;'however, that any
such subsequent owner shall have a reasonable ti .o ilii; `U tdiCcee _ X30) days after written
receipt of notice of violation, to cure any violation r this nant th is reasonably capable of
being cured.
17. Condition of Tentative Tract
shall remain, a condition of City's approval
18. Consent of City.
approval given by City pursuant;
City's powers and duties as a gc
obtain consents or approvals of
that Owner obtain appro/vWs_or p
E
IN WITNESSHE1
day and year first -above vid0ttery
72=NCompliance with this Covenant is, and
ve Pa*. E5."Yap No.72232.
jY
i
i ex n of this Covenant nor any consent or
nt sha l....ive, abridge, impair or otherwise affect,
Ty. Any requirements of this Covenant that Owner
in addition to and not in lieu of any requirements of law
hereto have entered into this Covenant as of the
«City„
"Owner"
CITY OF ROLLING HILLS GERALD TURPANJIAN.
By: By:
Raymond R. Cruz
City Manager
City of Rolling Hills
Approved as to form:
Michael Jenkins,
Ey:
City Attorney
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
STATE OF }
COUNTY OF }
On , before me, , a Pu�iic,
personally appeared �
! 21:to
prov %to me
on the basis of satisfactory evidence to be the person(s) whose name(s) is/are r th hin
instrument and acknowledged to me that he/she/they executed the same in his/herh','e aed
capacity(ies), and that by hislher/their signatures) on the instrument the person(s), o tk,qty upon
behalf of which the person(s) acted, executed the instrument. E f
I certify under PENALTY OF PERJURY under the lawsS�teCifo that the foregoing
' �.
paragraph is true and correct.
i�
WITNESS my hand and official seal,'
r
Signature°
Name of Notary:
Date Cuxiutti slwt Expires/ �
7,`>
Commission No l ' 1
4
EXHIBIT A
REAL PROPERTY IN THE CITY OF ROLLING HILLS, COUNTY OF LOS ANGELES DESCRIBED AS:
ASSESSORS PARCEL MAP NO. 7569-005-008
[TO BE PROVIDED]
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY THAT THE INTEREST IN REAL PROPERTY CONVEYED BY THE WITHIN
DEED OR GRANT TO THE CITY OF ROLLING HILLS, A POLITICAL CORPORATION AND/OR
GOVERNMENTAL AGENCY, IS HEREBY ACCEPTED, AS AUTHORIZED BY ORDER OF THE CITY
COUNCIL OF THE CITY OF ROLLING HILLS ON AND THE
GRANTEE CONSENTS TO THE RECORDATION THEREOF BY ITS DULY AU IZED OFFICER.
DATED: f'+
i
CITY OF ROLLING HILLS
BY•
CITY CLERK f, sr