734, Retaining wall within the rear, Resolutions & Approval ConditionsRESOLUTION NO. 2007-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR
GRADING AND CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE
AND A VARIANCE TO CONSTRUCT A SWIMMING POOL IN THE FRONT
YARD ON A VACANT PARCEL OF LAND IN ZONING CASE NO. 734, AT 0
CHESTNUT LANE, (LOT 241-A-1 MS), (MEIDL).
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. and Mrs. Norm Meidl
with respect to real property located at 0 Chestnut Lane (Lot 241-A-1-MS),
Rolling Hills, CA requesting a Site Plan Review and Variance to permit grading
and construction of a new 4,320 square foot single family residence, 885 square
foot garage, 96 square foot service yard, 837 square feet covered porches, future
stable and 436 square foot swimming pool in the front yard area.
Section 2. The Planning Commission conducted duly noticed public
hearings to consider the application on October 17, 2006, November 21, 2006,
December 19, 2006 and at a field trip visit on November 21, 2006. 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 having reviewed,
analyzed and studied said proposal. The applicants' representatives were in
attendance at the hearings.
Section 3. In 1992 a Site Plan Review application for a new 1,674 square
foot pre -fabricated residence, 350 square foot garage with a Variance to encroach
into the front and side setbacks with a 5-foot retaining wall was approved. A
12,000 square foot building pad with grading in the amount of 4,000 cubic yards
of cut and 4,000- cubic yards of fill and a 15-foot wide driveway were also
approved. The project expired and the owner re -filed in 1994 for the same
request. After reviewing the 1994 plan, the Fire Department required a 20-foot
wide driveway and a wider turn area into the garage. The applicant filed an
application in 1996 for a Lot Line Adjustment between subject property and the
adjacent lot, which were under the same ownership. With the approval of the lot
line adjustment, the size of the subject lot was enlarged from 2.0 acres gross to
2.35 acres gross. Once the Lot Line Adjustment was processed in 1996, the
applicant completed grading of the site and constructed the driveway, but not
the residence. Therefore, the site is ready for construction and will require
minimal grading.
Section 4. Fifty five (55%) percent of the lot was disturbed for the
previous approval. At the time the property was graded there was no provision
in the Zoning Code for maximum disturbance. Therefore, the previous
disturbance of 55% of the lot is legal nonconforming and Variance is not
required.
yso. 2007-02 1
MPidl
Section 5. The Planning Commission finds that the project qualifies as
a Class 3 Exemption (The State of CA Guidelines, Section 15303) and is therefore
categorically exempt from environmental review under the California
Environmental Quality Act.
Section 6. Section 17.46.030 requires a development plan to be
submitted for Site Plan Review and approval before any grading requiring a
grading permit or any building or structure may be constructed or any
expansion, addition, alteration or repair to existing buildings may be made
which involve changes to grading or an increase to the size of the building or
structure by at least 1,000 square feet and has the effect of increasing the size of
the building by more than twenty-five percent (25%) in any thirty-six (36) month
period. With respect to the Site Plan Review application requesting construction
of the new house, the Planning Commission makes the following findings of fact:
A. The proposed development is compatible with the General Plan,
the Zoning Ordinance and surrounding uses because the proposed structures
comply with the General Plan requirement of low profile, low -density residential
development with sufficient open space between surrounding structures. The
project conforms to Zoning Code lot coverage requirements. The net lot area of
the lot is 89,940 square feet, (2.05 acres). The proposed residence (4,320 sq.ft.),
garage (885 sq.ft.), covered porches/entryway (837 sq.ft.), trellis (252 sq.ft.)
service yard (96 sq.ft.), swimming pool (436 sq.ft.), and future stable, which
constitutes 8.2% of the net lot which is within the maximum 20% structural lot
coverage requirement. The total lot coverage including all structures, paved
areas and driveway will be 18,738 square feet, which constitutes 21.0% of the net
lot which is within the 35% maximum overall net lot coverage requirement. The
proposed project is screened from the road so as to reduce the visual impact of
the development. The disturbed area of the lot is 55.0%, which exceeds the 40%
maximum permitted, and includes the stable.
B. The development plan substantially preserves the natural and
undeveloped state of the lot by minimizing building coverage because the new
structure will not cause the lot to look overdeveloped. Significant portions of the
lot will be left undeveloped so as to maintain open space on the property. The
existing shrubs and trees on the southern portion on the parcel will remain and
will screen the house from the rear. The nature, condition, and development of
adjacent uses, buildings, and structures and the topography of the lot have been
considered, and the construction of the new house will not adversely affect or be
materially detrimental to the adjacent uses, buildings, or structures because the
proposed structure will be constructed on a portion of the lot which is least
intrusive to surrounding properties, will be screened and landscaped with trees
and shrubs, is a sufficient distance from nearby residences so that the proposed
structures will not impact the view or privacy of surrounding neighbors, and will
utilize the existing building pad for the new construction.
C. The proposed development, as conditioned, is harmonious in scale
and mass with the site, the natural terrain and surrounding residences. As
indicated in Paragraph A, the lot coverage maximums set forth in the Zoning
Reso. 2007-02
Mairil
2
Code will not be exceeded. The proposed residence is compatible in scale and
mass with adjacent properties.
D. The development plan incorporates existing trees and is screened
from other properties and the road by existing mature vegetation, which will be
preserved. The applicants have partially landscaped the front (north) of the
property and continuously add plants in that area.
E. The development plan follows natural contours of the site to
minimize grading and retain the natural drainage courses. Grading for this
project will involve 587 cubic yards of cut and fill and will be balanced on site.
The grading will be generated from the construction of the pool and the
excavation for footings and the wall. The disturbance or grading will take place
within the existing building pad area, which was previously disturbed.
F. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because the
applicants will utilize an existing driveway, which was previously approved by
the Traffic Commission and the Fire Department.
G. The project conforms to the requirements of the California
Environmental Quality Act and is exempt.
Section 7. Section 17.16.200I prohibits the construction of a swimming
pool in the front yard area of a lot, except where a Variance is approved. The
applicants are requesting to construct a 436 square foot swimming pool in the
front yard with the pool equipment area located underneath the pool. With
respect to this request for a Variance, the Planning Commission finds as follows:
A. There are exceptional and extraordinary circumstances and
conditions applicable to the property that do not apply generally to the other
property or class of use in the same zone. The lot was graded in a manner that
the construction of a pool lends itself to the front location. The topography of the
lot together with the fact that the pad has been already created, cause difficulty
in constructing the new residence elsewhere on the property.
B. The Variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property in the same vicinity and
zone, but which is denied to the property in question. The Variance is necessary
because the existing terrain and development on the lot creates a difficulty in
placing the new construction elsewhere on the property. The lot is unique in that
it is on a knoll and any different configuration of structures on the lot would
require additional grading. The pool would be located in an area least obtrusive
to adjacent properties.
C. The granting of the Variance would not be materially detrimental
to the public welfare or injurious to the property or improvements in such
vicinity and zone in which the property is located. The proposed construction
will be constructed on an existing building pad, will be the least intrusive to
Reso. 2007-02
Mair11
3
surrounding properties, will be screened and landscaped with mature trees and
shrubs, is of sufficient distance from nearby residences so that it will not impact
the view or privacy of surrounding neighbors, and will permit the owners to
enjoy their property without deleterious infringement on the rights of
surrounding property owners.
D. In granting of the Variance the spirit and intent of the Zoning
Ordinance will be observed in that the proposed construction will be orderly,
attractive and shall protect the rural character of the community. The proposed
pool will not encroach into the existing or potentially future equestrian uses on
the property. A suitable area for a future stable and corral has been set aside.
E. The Variance request is consistent with the General Plan of the City
of Rolling Hills because the proposed structures comply with the General Plan
requirement of low profile, low -density residential development with sufficient
open space between surrounding structures.
Section 8. Based upon the foregoing findings in Sections 6 and 7, the
Planning Commission hereby approves the Site Plan Review application and
Variance in Zoning Case No. 734 for grading and for construction of a new
residence and locate the swimming pool in the front yard as shown on the
Development Plan dated January 16, 2007 and marked Exhibit A, subject to the
following conditions:
A. The Site Plan Review and Variance approvals shall expire within
two years from the effective date of approval if construction pursuant to this
approval has not commenced within that time period, as required by Sections
17.46.080(A) and 17.38.070(A) of the Rolling Hills Municipal Code, or the
approval granted is otherwise extended pursuant to the requirements of those
sections.
B. It is declared and made a condition of the approval, that if any
conditions thereof are violated, this approval shall be suspended and the
privileges granted hereunder shall lapse; provided that the applicants have been
given written notice to cease such violation, the opportunity for a hearing has
been provided, and if requested, has been held, and thereafter the applicant fails
to correct the violation within a period of thirty (30) days from the date of the
City's determination.
C. All requirements of the Building and Construction Ordinance, the
Zoning Ordinance, and of the zone in which the subject property is located must
be complied with unless otherwise set forth in this Permit, or shown otherwise
on an approved plan.
D. The lot shall be developed and maintained in substantial
conformance with the site plan on file marked Exhibit A and dated January 16,
2007, except as otherwise provided in these conditions.
Reso. 2007-02 4
Nairn
E. The working drawings submitted to the County Department of
Building and Safety for plan check review must conform to the development
plan approved with this application.
F. Grading shall not exceed a total of 587 cubic yards of cut and fill
and shall be balanced on site. Any additional disturbance, grading or grading
quantities, including from the excavation of footings, swimming pool, drainage
and sewer line devices and any other activity on site, either required by the Los
Angeles County Building Department or due to conditions in the field shall be
reviewed and approved by the Planning Commission.
G. Structural lot coverage shall not exceed 7,306 square feet or 8.2%.
H. Total lot coverage of structures and paved areas shall not exceed
18,738 square feet or 21.0% in conformance with lot coverage limitations.
I. The disturbed area of the lot shall not exceed 55.0% of the net lot
area as previously approved.
J. Residential building pad coverage on the 19,440 square foot
residential building pad shall not exceed 6,856 square feet or 31.5% (not
including 432 sq.ft. of covered porches and 252 sq.ft. attached trellis). The 1,800
square foot stable pad will have coverage of 25.0%.
K. Prior to stamping any plans for plan check review, the applicants
shall submit a plan showing the location of the proposed sewer line and where it
would connect to the sewer line in the street, and showing the location and cross
section of the pool equipment area.
L. Any modification to the drainage design shown on the
development plan marked January 16, 2006, required by the Los Angeles County
Drainage Division or due to conditions in the field, shall be reviewed and
approved by the Planning Commission.
M. The project shall be landscaped and screened from adjacent
properties. Landscaping shall be designed using trees and shrubs so as not to
obstruct views of neighboring properties but to screen the project, including the
pool equipment area. Landscaping shall include water efficient irrigation that
incorporates low gallonage irrigation system, utilizes automatic controllers,
incorporates an irrigation design using "hydrozones," considers slope factors
and climate conditions, and utilizes means to reduce water waste resulting from
runoff and overspray.
N. The proposed wall, located to the rear of the residence shall not
encroach into the rear and side setbacks and shall not exceed 5 feet in height at
any one point.
O. Prior to the issuance of any building or grading permit two copies
of a preliminary landscape plan shall be submitted for review by the Planning
Reso. 2007-02 5
MPi r11
Department. Native trees and other native plants shall be utilized, and which are
consistent with the rural character of the community. If trees are to be used in the
landscaping scheme for this project, they shall be mature when planted and
which at full maturity shall not exceed the height of the structures. Trees and
shrubs shall be planted so as not to impair views of neighboring properties but to
screen the structures on the site, including the proposed wall.
P. All utility lines to the structure shall be placed underground and
the roof material shall meet the City and RHCA requirements.
Q. The property owners shall be required to conform to the City of
Rolling Hills Outdoor Lighting Standards.
R. The property on which the project is located shall contain a set
aside area to provide an area meeting all standards for a stable, corral with access
thereto.
S. During and after construction, all soil preparation, drainage, and
landscape sprinklers shall protect the building pad from erosion and direct
surface water in an approved manner.
T. During and after construction perimeter easements and trails shall
remain free and clear of any improvements including, but not be limited to,
fences -including construction fences, grading (both cut and fill), landscaping,
irrigation and drainage devices, play equipment, parked vehicles, building
materials, debris and equipment, except that the Rolling Hills Community
Association may approve certain encroachments..
U. No drainage device may be located in such a manner as to
contribute to erosion or in any way affect an easement or trail.
V. During construction, conformance with the air quality management
district requirements, stormwater pollution prevention practices, County and
local ordinances and engineering practices so that people or property are not
exposed to undue vehicle trips, noise, dust, and objectionable odors shall be
required.
W. During construction, an Erosion Control Plan containing the
elements set forth in Section 7010 of the 2001 County of Los Angeles Uniform
Building Code shall be followed to minimize erosion and to protect slopes and
channels to control stormwater pollution as required by the County of Los
Angeles.
X. During construction, the property owners shall be required to
schedule and regulate construction and related traffic noise throughout the day
between the hours of 7 AM and 6 PM, Monday through Saturday only, when
construction and mechanical equipment noise is permitted, so as not to interfere
with the quiet residential environment of the City of Rolling Hills.
Reso. 2007-02 6
Mpi r11
Y. The property owners shall be required to construct a sewer line and
shall conform to the Regional Water Quality Control Board and County Health
Department requirements for the installation and maintenance of a sewer line.
Z. The property owners shall be required to conform to the Regional
Water Quality Control Board and County Health Department requirements for
the installation and post construction maintenance of stormwater drainage
facilities.
AA. The property owners shall be required to conform to the Regional
Water Quality Control Board and County Public Works Department Best
Management Practices (BMPs) related to solid waste.
AB. Prior to the submittal of a final building plan to the County of Los
Angeles for plan check, a detailed drainage plan that conforms to the
development plan as approved by the Planning Commission shall be submitted
to the Rolling Hills Planning Department staff for their review and approval.
AC. The project must be reviewed and approved by the Rolling Hills
Community Association Architectural Review Committee prior to the issuance of
any grading or building permit.
AD. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling
Hills Municipal Code, any modification to the property, which would
constitute additional structural development, disturbance or grading,
including exceedance of the approved 587 cubic yards of cut and fill quantities
in condition "F" above and any modification to the drainage design in4�r..
condition "L" above, shall require the filing of a new application for approval
by the Planning Commission.
AE. The applicant shall pay all of the applicable Los Angeles County
Building and Safety and Public Works Department fees, including Parks and
Recreation Fees for a new residence and school fees for new construction.
AF. Until the applicants execute and record an Affidavit of Acceptance
of all conditions of this Site Plan Review and Variance approvals, as required by
the Municipal Code, the approvals shall not be effective.
AG. All conditions of the Site Plan and Variance approvals, that apply,
shall be complied with prior to the issuance of grading or building permit from
the County of Los Angeles.
Reso. 2007-02 7
Mai rll
PASSED, APPROVED AND ADOPTED THIS 16th DAY OF JANUARY 2007.
L WITTE, CHAIRMAN
ATTEST:
MARILYN KERN, DEPUTY CITY CLERK
Reso. 2007-02
Mai r11
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS
I certify that the foregoing Resolution No. 2007-02 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE
PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A
NEW SINGLE FAMILY RESIDENCE AND A VARIANCE TO
CONSTRUCT A SWIMMING POOL IN THE FRONT YARD ON A
VACANT PARCEL OF LAND IN ZONING CASE NO. 734, AT 0
CHESTNUT LANE, (LOT 241-A-1 MS), (MEIDL).
was approved and adopted at a regular meeting of the Planning Commission on
January 16, 2007 by the following roll call vote:
AYES: Commissioners DeRoy, Hankins, Henke, Sommer and
Chairman Witte.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
Reso. 2007-02
Mai rl l
K,
DEPUTY CITY CLERK
9
a
RESOLUTION NO. 1073
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS ACCEPTING AN OFFER TO DEDICATE AND FOR
THE EASEMENT RELATING TO THE SEWER SYSTEM
IMPROVEMENTS IN THE CITY OF ROLLING HILLS.
RECITALS
A. A sanitary sewer project was constructed under Private Contract No. 90-1 in the
City of Rolling Hills in the Johns Canyon Road area (the "sewer system").
B. The sewer system was extended under Private Contract No. 08-1 in the vicinity of
0 Chestnut Lane in the City of Rolling Hills (the "sewer system improvement").
C. The sewer system improvement is within the jurisdiction of the County of Los
Angeles Consolidated Sewer Maintenance District (the "District").
D. The County of Los Angeles Public Works Department (the "County") may
assume all responsibility for the operation and maintenance, including the obligation to repair or replace
determined by the District to be necessary, sewer systems that are (i) within the jurisdiction of the
District, (2) built in accordance with the county standards, and (3) dedicated to public use.
E. In order for the County to operate and maintain the sewer system improvement, it
must be deemed to have been built in accordance with County standards and dedicated to public use.
F. The County has indicated it needs the as -built plans in order to confirm that the
sewer system improvement was built in accordance with County standards and that dedication to public
use can be accomplished by the City accepting the offer of dedication and easement from the owner of
the sewer system improvement.
G. The owner has executed an offer of dedication and easement, which is attached
hereto as Attachment A and filed herewith.
H. In accordance with the provisions of Government Code Section 7050, the City of
Rolling Hills now desires, by the adoption of this Resolution, to accept the above -referenced offer and
easement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROLLING HILLS
RESOLVES AS FOLLOWS:
Section 1. The City of Rolling Hills accepts, on behalf of the public for public use,
the offer of dedication and easement attached hereto as Attachment A. The acceptance is made on the
understanding that it is necessary in order for the County to assume all responsibility for operation,
maintenance of the sewer system improvement; including the obligation to repair or replace it as
determined by the District to be necessary.
Section 2. The City hereby requests the County of Los Angeles Consolidated Sewer
Maintenance District to annex the property served by the sewer system improvement and immediately
commence operation and maintenance of and assumption of responsibility for the sewer system
improvement.
Section 3. The City Manager, or his designee, is authorized to take such steps as may
be necessary to effectuate the purposes of this Resolution, including but not limited to (1) causing to be
recorded with the Los Angeles County Recorder's Office a certified copy • of this Resolution and
executed copies of the offer and easement, (2) providing the County copies of the foregoing documents
and the as -built plans for the sewer system improvement on file in the office of the City Engineer.
PASSED, APPROVED and ADOPTED this 12`h ay of October, 2009.
TIIOMAS F. HEINSHEIMER
MAYOR
ATTEST: 1
/ I HEREBY CERTIFY THIS DOCUMENT TO
?L I� f�LC�• BE A TRUE AND CORRECT COPY OF THE
HEIDI LUCE ORIGINAL. •
DEPUTY CITY CLERK
Resolution No. 1073 -1-
CITY CLEM OF THE'
CITY OF ROLLING HILLS, CALIF.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
SS
The foregoing Resolution No. 1073 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS ACCEPTING AN OFFER TO DEDICATE AND FOR
THE EASEMENT RELATING TO THE SEWER SYSTEM
IMPROVEMENTS IN THE CITY OF ROLLING }TILLS.
was approved and adopted at a regular meeting of the City Council of October 12, 2009, by the
following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers Black, Hill, Lay, Pernell and Mayor Heinsheimer.
None.
None.
None.
c ti )
HEIDI LUCE
DEPUTY CITY CLERK
Resolution No. 1073
-2-
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of Ca fomta
Count). or `No-NP\P S
`
before me, v S �LN'Z Z ?�`
� {Rcic ms l n me and b le Th iric �
personally appeared ��1\I`MZ) \ �v \ \\ \P_ \ r V ` ��Q� C f'. ��l \` vP is Cx�
who proved to me on she basis of satisfactory evidence to be The person(s) whose names) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
1 certify under PENALTY OF PERJURY under the laws of the State ofCatifornia that the foregoing paragraph
is true and correct.
\WITNE haltd�nd official seat.
SirWrc °I'M y
Not.wy sta)
CYDt Y tt:11,411ING$
Commission a 17t2060
Nototy .PuD$c - C®Ntotnia I
�+ Los Angeles County
;. S trM,i . 21,kri_�
•
OFFER OF DEDICATION
Honorable Board of Supervisors
County of Los Angeles
California
We hereby declare that the sanitary sewers and appurtenant structures constructed
under Private Contract No. 08-1 .IILL in accordance with the plans filed
in the Office of the Department of Public Works are built for public use and that upon
their acceptance by the County of Los Angeles, all right, title, and interest of the
undersigned in and to said sewers shall vest in said County.
Property Owners:
0 Chestnut Lane
Ro �//ng Hills, CA 90277/ //
Y li� AA �0{JJ
Norman N. Meidl
r
-2/Wal ith/P21n
Karen Heidi
Note:
All signatures must be acknowledged
before a notary public. (Attach
appropriate acknowledgements.)
P:1LDPUB\SUBCHECK\SEW ERSIFORMWCKOFFERDEDICATION
04/26/2005
Date
Dat
e
FEBECEllWEin
1 2 2UUy
PROCESSING CENTER
LAND DEVELOPMENT DIVISION
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant dated to the City of
Rolling Hills, a municipal corporation and governmental agency, is hereby accepted by order of the City
Council on October 12, 2009, (or by the undersigned officer or agent on behalf of the City Council
pursuant to authority conferred by resolution of the City Council adopted on October 12, 2009) and the •
grantee consents to the recordation thereof by its duly authorized officer.
Dated: October
By: •
Resolution No. 1073 -3-
•
RESOLUTION NO. 1055
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING
HILLS APPROVING CONSTRUCTION OF A SEWER MAIN LINE IN
CONNECTION WITH RESIDENTIAL CONSTRUCTION AT 0 CHESTNUT
LANE
The City Council of the City of Rolling Hills does hereby resolve and order as follows:
Section 1. Norman and Karen Meidl, the owners of #0 Chestnut Lane (hereinafter "Owners")
intend to construct at their own expense the public sewer improvements shown on Exhibit A
attached hereto (the "Improvements").
Section 2. The City Engineer has determined that no other properties in the vicinity will be
connected to the Improvements via laterals. Hence, at this time, there is no need to form a
sanitary sewer reimbursement district for the benefit of the Owners.
Section 3. No property owner shall be permitted to connect to the Improvements by way of a
lateral and no permit shall be issued for the connection of any other property to the
Improvements via a lateral unless a sanitary sewer reimbursement district is formed pursuant to
Chapter 13.16 of the Municipal Code providing for payment of a sewer connection charge that
will provide for pro rata reimbursement to the Owners of the cost of constructing the
Improvements. Upon completion of the Improvements, the Owners shall submit to the City
documentation verifying the cost of construction of the sewer line to enable the City to compute
the sewer connection charge should such a reimbursement district ever be formed.
Section 4. Nothing provided herein shall preclude the connection, without payment of a sewer
connection charge, of a main sewer line to the Improvements providing sewer service to
properties within the same sewer shed (as shown in the Low Pressure Sewer Feasibility Study
dated September 2008) as 0 Chestnut Lane.
PASSED, APPROVED AND ADOPTED this 26th day of January, 2009.
'FRANK HILL - MAYOR
ATTEST:
41,eid( tik-e)
Interim Deputy City Clerk
•
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
§§
I certify that the foregoing Resolution No. 1055 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING
HILLS APPROVING CONSTRUCTION OF A SEWER MAIN LINE IN
CONNECTION WITH RESIDENTIAL CONSTRUCTION AT 0 CHESTNUT
LANE
was approved and adopted at a regular meeting of the City Council on this 26th day of January,
2009 by the following roll call vote:
AYES: Councilmembers Black, Lay, Pernell, Mayor Pro Tem
Heinsheimer and Mayor Hill.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
OYellA
a(i)
HEIDI LUCE
INTERIM DEPUTY CITY CLERK
• RESOLUTION NO. 873
A RESOLUTION OF THE CITY COUNCIL OF THOTY OF
ROLLING HILLS AMENDING RESOLUTION NO. 716 AND
CLARIFYING ITS PROVISIONS REGARDING CONNECTIONS
TO THE IMPROVEMENTS OF THE SANITARY SEWER
REIMBURSEMENT DISTRICT ESTABLISHED THEREBY
The City Council of the City of Rolling Hills Does Hereby Resolve and Order as
Follows:
Section 1. Sections 8 and 9 of Resolution No. 716 are amended to read as follows:
"Section 8. The sewer connection charge set forth in the Reimbursement
Agreement shall be paid by the owners of the two nonparticipating properties in the District - -
4 Chestnut Lane and 6 Chestnut Lane - - at such time as each of these properties connects to
the Improvements. No permit shall be issued for the connection of either of these two
properties to the Improvements until, in addition to any other fees required by the City, the
charge required by this Resolution has been paid. Such charge shall be collected whether or
not an additional public sewer is being constructed to serve the property. The sewer
connection charge set forth in the Reimbursement Agreement shall not apply to connections to
the Improvements by new reimbursement districts formed among properties located outside
the boundaries of the Reimbursement District. If, however, connection fees are conveyed
among any future reimbursement districts which connect, directly or indirectly, to the
Improvements, the participating owners shall share on a pro rata basis in the receipt of such
payments.
Section 9. All moneys paid for sewer connection permits by the owners of
properties at 4 and 6 Chestnut Lane shall be deposited into a special "sewer connection trust
fund" for the Reimbursement District. At the end of each fiscal year, the Finance Director shall
distribute such moneys, if any, to each of the property owners identified in Section 2
hereinabove in accordance with the terms of the Reimbursement Agreement. This obligation
shall survive any such property owner's move from the City, as long as the owner maintains
his or her current address on file with the City. Should any such property owner who moves
fail to do so, the money due to that owner shall be distributed to the current owner of the
property. This reimbursement obligation is a limited obligation payable solely from the
charges collected pursuant to this Resolution and the Reimbursement Agreement and in no
event shall the City's General Fund be liable for such reimbursement."
Section 2. The foregoing amendments are consistent with both Chapter 13.16 of the
Rolling Hills Municipal Code and the Reimbursement Agreement dated November 22, 1993.
PASSED, APPROVED AND ADOPTED THIS 24"' DAY OF JANUARY, 2000.
DFREY PER L-1'
MAYOR PRO TEM
ATTEST:
MARILYN L. KERN
DEPUTY CITY CLERK
Resolution No. 873 -1-
• •
SEWER CONNECTION REIMBURSEMENT AGREEMENT
This Sewer Connection Reimbursement Agreement is made
and entered into this 22ndday of November , 1993, by and
between the City of Rolling Hills, a municipal corporation
(hereinafter "City") and David and Kimberly Stone, Joseph and
Susan Carey, William and Susan Peters, Paul and Jennifer
Hennessey and Wanda Lester, property owners in the City of
Rolling Hills (hereinafter collectively referred to as "Owners").
RECITALS
A. Owners, the owners of real property located along Johns
Canyon Road and Chestnut Lane in the City of Rolling Hills,
desire to construct a private sanitary sewer system in order to
service their homes, in lieu of presently existing on -site
wastewater management systems. It is contemplated that said
system will be constructed within an easement of the Rolling
Hills Community Association of Palos Verdes (hereinafter "the
Association"), and will be maintained by the Los Angeles County
Consolidated Sewer Maintenance District (hereinafter "Maintenance
District"), upon its annexation into that District.
B. Owners intend to construct the sewer system at their sole
cost and expense. However, as it is anticipated that at some
future time, other presently non -participating property owners
may desire to connect into the system as an alternative to onsite
wastewater management. Owners desire to establish a mechanism to
charge such property owners their proportionate share of the
initial construction cost and obtain pro rata reimbursement from
said charge.
C. City encourages private development of sanitary sewers as
contemplated hereinabove, and in furtherance thereof, has adopted
Ordinance No. 234 (codified as Chapter 13.16 of Title 13 of the
Rolling Hills Municipal Code, and hereinafter "Chapter 13.16").
Under Chapter 13.16, City may establish a sanitary sewer
reimbursement district and enter into a reimbursement agreement
with property owners to provide a method of reimbursement for the
•initial capital construction cost of constructing private sewer
systems.
D. This Agreement is entered into pursuant to the authority
contained in Chapter 13.16, in connection with the formation of
Sanitary Sewer Reimbursement District No. 93-1 (hereinafter
"District").
931228 R6980-00001 clm 0563733 0
NOW, THEREFORE, in consideration of the foregoing and the
mutual covenants set forth herein and the mutual benefits to be
derived therefrom, the parties agree as follows:
Section 1. Ownership interests.
Owners are, respectively, the property owners of the
following parcels of real property located in the City of Rolling
Hills:
Stone, David & Kimberly
#9 Johns Canyon Road Lot 1 of
(5tiv1)" )
Carey, Joseph & Susan
#10 Johns Canyon Road Lot 1 of
Peters, William & Susan
#11 Johns Canyon Road Lot 2 of
Hennessey, Paul & Jennifer
#12 Johns Canyon Road Lot 7 of
#2 Chestnut Lane " Lot 2 of
Lester, Wanda
Tract 30605 per M.B. 825/81-82
Tract 24669 per M.B. 787/33-34
30605 per M.B. 825/81-82
hoT
Tract
Tract 30605 per M.B. 825/81-82
Tract 24669 per M.B. 787/33/34
Section 2. Reimbursement district territory.
The territory included within the District established
by action of the City Council of City includes the following
parcels of real property, as shown on the diagram attached to
this Agreement as Exhibit A and incorporated herein by this
reference thereto:
#9 Johns Canyon Road
#10 Johns Canyon Road
#11 Johns Canyon Road
#12 Johns Canyon Road
#2 Chestnut Lane
#4 Chestnut Lane
#6 Chestnut Lane
Lot
Lot
Lot
Lot
Lot
Lot
Lot
1
1
2
7
2
3
4
of
of
of
of
of
of
of
Tract
Tract
Tract
Tract
Tract
Tract
Tract
30605
24669
30605
30605
24669
24669
24669
per
per
per
per
per
per
per
M.B.
M.B.
M.B.
M.B.
M.B.
M.B.
M.B.
825/81-82
787/33-34
825/81-82
825/81-82
787/33-34
787/33-34 00./"
787/33-34 il��._
The above -described properties are those determined by the City
Engineer to consist of all territory which could be connected to
the proposed sewer system.
931228 R6980-00001 clm 0563733 0
- 2 -
• •
Section 3. Improvements.
The improvements to be constructed by Owners (referred
to variously as "improvements" and "the sewer system") shall
consist of the following: Sanitary sewers and appurtenant
structures as more particularly described in Private Contract No.
90-1, attached hereto as Exhibit B and incorporated herein by
this reference thereto.
Section 4. Cost of improvements.
The estimated cost of the improvements is $112,000, as
is more particularly set forth in Exhibit B. The actual total
cost of the improvements will be set forth as an amendment to
this Agreement.
Section 5. Cost of Connections.
The actual cost of connections to the improvements for
each of the participating properties described in Section 1 above
shall equal the Actual Total Cost of Improvements multiplied by
1/7. The sewer connection fee to be charged to presently non-
participating property owners after completion of the
improvements shall be based on the following formula: [Actual
Total Cost of Improvements multiplied by 1/7] plus [Reimbursement
District Preparation Fee multiplied by 1/7].
Section 6. Disposition of connection charcxe.
City shall deposit the sewer connection charge
established for connecting to the improvements into a sewer
connection trust fund. At the end of the fiscal year during
which the funds were so deposited, City shall distribute the
funds in equal amounts to Owners.
Section 7. Reimbursement District preparation fee.
City encourages private development of sanitary sewers
and intends for this District to constitute a model for the
establishment of future districts. The administrative costs
associated with establishment of the District are a one-time
expense and the documents prepared by City staff will be usable
in connection with future districts, which will be of benefit to
the health and safety of the community. Accordingly, City waives
payment of $2,000.00 of its out of pocket costs, including staff
and City Attorney time, associated with formation of the
District.
931228 R6980-00001 clm 0563733 0 - 3
Section 8. Additional responsibilities of parties.
Owners shall be responsible for acquiring necessary
easements from the Association for construction of the
improvements, constructing the improvements at their sole cost
and expense and thereafter maintaining them in satisfactory
working condition until annexed into the Maintenance District.
City agrees to use its best efforts to effectuate annexation of
the District into the Maintenance District, and will execute
documents necessary for that purpose.
Section 9. Indemnification.
Owners shall indemnify, defend and hold harmless City,
and its officers and employees, from and against any and all
liability, causes of action, claims, damages, losses, judgments
and expenses, including but not limited to attorney fees and
costs of defense, arising from Owners' negligent or wrongful
actions and omissions in the construction and operation of the
improvements until annexed into the Maintenance District.
Section 10. Permits.
Owners shall obtain all necessary permits and approvals
required for construction of the improvements.
Section 11. Notices.
Any notices to be given hereunder by either party to
the other may be effected in writing either by personal delivery
or by mail, registered.or certified, postage prepaid with return
receipt requested, addressed to the parties as follows:
City: City of Rolling Hills
Attn. City Manager
2 Portuguese Bend Road
Rolling Hills, CA 90274
Owners: As set forth in Section 1 hereinabove
Section 12. Termination.
City may terminate this Agreement in its sole
discretion if the improvements are not completed by December 31,
1994, unless this deadline is extended by mutual agreement of the
parties; otherwise, this Agreement shall remain in full force and
effect.
931228 R6980-00001 clm 0563733 0 — 4
• •
Section 13. Entire agreement.
This Agreement is the entire agreement of the parties
with respect to the subject matter hereof, and supersedes any and
all agreements, either oral or written, between the parties
pertaining to the same subject matter. This Agreement contains
all of the covenants and agreements between the parties with
respect to the subject matter hereof. All of the parties hereto
acknowledge that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or
anyone acting on behalf of any party, which are not embodied
herein, and that no other agreement, statement or promise not
contained in this agreement shall be valid or binding.
Section 14. Modifications.
Any modification of this Agreement will be effective
only if it is in writing and signed by the parties.
Section 15. Authority.
All of the parties hereto represent and warrant that
they have authority to sign this Agreement on their own behalf
and that this is a legally binding obligation. The parties
acknowledge that they have read this Agreement in its entirety
and fully understand the terms, nature and effect of this
Agreement, which they execute voluntarily.
Executed as of the day and year first above -written.
CITY OF ROLLING HILLS
By:
[Signatures continue]
MAYOR
931228 R6980-00001 clm 0563733 0 — 5 -
ATTEST:
City Clerk
OWNERS:
David & Kimberly Stone
-Zr.C1(."
Josep & Susan Carey
U/L0
Susan Peters
Paul & Jennifer
(1.9 P
Wanda Lester -'--
Hennessey
•„;
931228 R6980-00001 clm 0563733 0 — 6 -