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647, Agreement for subdivision, Staff ReportsCiiy 0/l2PP,.9JJ,P? DATE: MARCH 25, 2002 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ATTN: CRAIG R. NEALIS, CITY MANAGER FROM: YOLANTA SCHWARTZ, PRINCIPAL PLANNER INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com Agenda Item No.: 6 a Mtg. Date: 3/25/02 SUBJECT: ZONING CASE NO. 647, SUBDIVISION NO. 84 AND TENTATIVE PARCEL MAP NO. 21486; A REQUEST TO MODIFY A PREVIOUSLY APPROVED 2-LOT SUBDIVISION OF LAND AT LOT 81-RH, AND CURRENTLY, 16 PINE TREE LANE, ROLLING HILLS, CA, AN EXISTING LOT THAT IS DEVELOPED WITH ONE RESIDENTIAL UNIT, TO BE IMPLEMENTED BY DR. AND MRS. RAMON CUKINGNAN. LOT 81-RH CONSISTS OF 6.07 ACRES GROSS TO BE DIVIDED INTO TWO PARCELS AS FOLLOWS: PARCEL 1 - 2.72 ACRES GROSS, 2.32 ACRES NET; PARCEL 2 — 3.35 ACRES GROSS, 2.84 ACRES NET. PLANNING COMMISSION RECOMMENDS APPROVAL. APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: REQUEST ZONING CASE NO. 647, SUBDIVISION NO. 84, AND TENTATIVE PARCEL MAP NO. 21486 16 PINE TREE LANE (LOT 81-RH) RAS-2, 6.07 ACRES DR. AND MRS. RAMON CUKINGNAN MR. STANLEY LAMPORT, ATTORNEY MARCH 16, 2002 Request to modify a previously approved 2-lot subdivision of land at Lot 81-RH, and currently, 16 Pine Tree Lane, Rolling Hills, CA. This is an existing lot developed with one residential unit. Lot 81-RH consists of 6.07 acres gross to be divided into two parcels as follows: Parcel 1 - 2.72 acres gross, 2.32 acres net; Parcel 2 — 3.35 acres gross, 2.84 acres net. The modifications requested are to eliminate or clarify currently required conditions that relate to widening and extension of Pine Tree Lane, cul-de-sac easement dimensions and bridle path dimensions and to delete and/or clarify certain language pertaining to the roadway improvements and cost deposit ZC 647, TPM 21486 Modification 0 ®Panted on Her.ycl.d P;J0ci requirements. A letter is attached from Mr. Stanley Lamport, attorney representing Dr. Cukingnan, regarding the proposed modifications. BACKGROUND 1. The Planning Commission approved Resolution No. 2002-05, which is attached recommending modifications to the proposed subdivision, Tentative Parcel Map No. 21486, at the February 26, 2002 meeting. The modifications include clarification and deletion of certain language relative to easement locations and widths, other roadway improvements and deposit requirements. 2. Requests for subdivisions of land are reviewed by the Planning Commission and recommendations are made to the City Council. The Council is the final authority to approve, conditionally approve or disapprove tentative maps. 3. The City Council approved Tentative Parcel Map No. 21486 by Resolution No. 733 on March 28, 1994 and extended the map for two years by Resolution No. 779 in March 1996. On February 8, 1998, by Resolution No. 833, the Council approved an extension of time to March 28, 2002, pursuant to Government Code Section 66463.5(c) and Section 66452.13. Resolutions Nos. 733, 779 and 833 for TPM 21486 are attached. 4. In 1994 three separate requests for subdivisions were reviewed by the City, located along Pine Tree Lane. They included Tentative Parcel Map (TPM) No. 21400 (Hassoldt), TPM No. 22334 (Smith) and TPM 21486 (Cukingnan). All three subdivisions were conditioned on the parties entering into an agreement with each other to widen Pine Tree Lane to a width of 20 feet, to provide a four - foot bridle path, to extend Pine Tree Lane and to construct a cul-de sac at the end of the extended street to serve as a turn around for the Fire department for all subdivisions in the area. TPM 21486 is the subject of tonight's modification request. In the past few years modifications were approved for TPM 21400 to eliminate some of the requirements. Therefore, similar modifications are necessary to conform to the conditions of the subdivision southeast thereof. Once TPM 22334 is ready to be finaled, similar modifications will have to be considered. 5. In August 1999, the applicant submitted a request to amend certain provisions of the Resolution of approval, specifically to reduce to 18 feet the width of the roadway extension of Pine Tree Lane along the southerly property line of the subdivision, (originally required 20 feet in width). After several meetings with the applicant, adjacent property owner, Mr. Hassoldt, Fire Department staff and applicant's and City's attorneys, it was determined that the request could be considered as minor modification and was, therefore, approved administratively by City Manager. A similar request was approved earlier that year by the City Council for the adjacent subdivision, TPM 21400, to the southeast of subject property. The letter of administrative approval for TPM 21486 is attached. ZC 647, TPM 21486 Modification 6. Later in the meeting a request for a Final Parcel Map for City Council's consideration will be presented. 7. A Mitigated Negative Declaration for the original project was prepared in accordance with the California Environmental Quality Act and adopted by the City Council on March 28, 1994. Staff finds that the project as modified subsequently and as presented by this application is within the scope of the previously adopted Negative Declaration. The City Council should determine whether the project as modified would have any new or substantially greater environmental impacts than considered in the original Negative Declaration. REQUESTED MODIFICATIONS TO CONDITIONS OF APPROVAL A. Proposed Modification to Condition No. 21 relating to easement requirements. Applicant's request: Change to read as follows: ZC 647, TPM 21486 Modification The Pine Tree Lane extension shall culminate in a cul-de-sac bulb and shall have a 32-foot paved radius and an 8-foot perimeter easement. The cul-de-sac bulb shall be located on the property at 16 Pine Tree Lane. Provide the Cul-de-sac Street along the southerly boundary as a private street with right-of-way of 30 feet from the centerline to the City's satisfaction and comply with all provisions of Section 16.16.080 of the City of Rolling Hills Subdivision Ordinance. The bulb of the cul-de-sac street shall be shown entirely within the property lines on Parcel 1 and Parcel 2 of Parcel Map 21486 in conformance with Section 16.16.050 of the City' Subdivision Ordinance. Current Wording of Condition No. 21 (as administratively amended in 1999). The Final Parcel Map shall show the extension of Pine Tree Lane and cul-de-sac bulb as depicted on Exhibit "A" to this letter, subject to any required modifications of the Los Angeles County Fire Department. The Subdivider shall prepare and record a roadway easement to the Rolling Hills Community Association for the cul-de-sac and a ten -foot perimeter area around the cul-de-sac, as depicted on Exhibit "A" to this letter. The easement shall be prepared in a form acceptable to the Rolling Hills Community Associations. Comment: The RHCA required a 40 foot cul-de-d-sac bulb easement. The Fire Department required that 32 feet of the 40 feet be paved. That resulted in a remainder of 8' easement along the cul-de-sac. RHCA 0 approved plan showing the 40 foot radius cul-de-sac bulb is on file with the Planning Department. B. Proposed Modification to Condition No. 22 relating to 4-foot bridle trail on Pine Tree Lane. Applicant's request: Remove. Current Wording of Condition No. 22 The Tentative parcel map shall show the side of the road where the 4 foot bridle trail on Pine Tree Lane will be located within property easements. The bridle trail shall be continuous in nature and connect to existing trails within the trail system. Comment: Similar condition was deleted from the requirements of the subdivision southeast of this property, (TPM 21400). The RHCA ruled that no trails be developed along Pine Tree Lane. When condition #21 of TPM 21486 was administratively amended, it recognized that there was no longer a bridle trail on Pine tree Lane. Therefore, this condition is now obsolete. C. Proposed Modification to Condition No. 23 relating to easement requirements. Applicant's request: Change to read as follows: The Tentative Parcel Map shall show 30 foot street easements along Pine Tree Lane, eight (8) foot street easements around the cul-de- sac bulb on Parcel 1 and Parcel 2, and a 25 foot easements at the remaining perimeters of each parcel. Current Wording of Condition No. 23 The Tentative Parcel Map shall show 30 foot street easements along Pine Tree Lane, ten foot street easements around the cul-de-sac bulb on Parcel 1 and Parcel 2, and a 25 foot easements at the remaining perimeters of each parcel. The cul-de-sac bulb shall be compatible with Tentative Parcel Map Nos. 21400 (Hassoldt) and 22334 (Smith). Comment: The RHCA required a 40 foot radius cul-de-d-sac bulb easement. The Fire Department required that 32 feet of the 40 feet be paved. That resulted in a remainder of 8' easement along the cul-de-sac. The reference to TPM No. 21400 and TPM No. 22334 is no longer ZC 647, TPM 21486 Modification relevant. The applicant constructed a cul-de-sac and Pine Tree Lane extension to access this subdivision, according to RHCA, City and County's requirements. D. Proposed Modification to Condition No. 30 relating to roadway construction costs and deposit for the construction.. Applicant's request: Remove. Current Wording of Condition No. 30 Easements for the construction of the roadway extension and the cul-de-sac bulb and the terms for payment of construction costs of such improvements shall be provided in an agreement between the applicant and surrounding property owners which shall be recorded against each parcel which is the subject of the agreement. This agreement shall be approved by the City prior to recordation and shall contain the following minimum terms: a . The grant of all roadway, access, grading and other necessary easements to Rolling Hills Community Association and to the applicant which are required to construct the roadway extension and cul-de-sac bulb as specified in Paragraph (a) of this condition; [should say Paragraph 21 not (a)]. b. The deposit by the applicant, the owner of property at 16 Pine Tree Lane, or by combination thereof, within 30 days after Tentative Map approval is obtained, of the dollar amount of a City approved estimate of the work to construct the improvements specified in paragraph (a) of this condition; c. The deposit by the applicant, the owner of the property at 16 Pine Tree Lane, or by a combination thereof, within 30 days after Tentative Map approval is obtained, of the dollar amount of a City approved estimate of any and all pavement markings, roadway striping and relocation of traffic safety signs following completion of the roadway modification to the satisfaction of the City Manager and Traffic Engineer. d. Completion of construction of the improvements specified in Paragraph (a) of this condition by the applicant or by the owner of property at 16 Pine Tree Lane, or by a combination thereof, within reasonable period of time but not later than one year from the date this Tentative Map is approved; and e. A covenant by the owner of the property located at 16 Pine Tree Lane to remove the stable on that property which, following construction of the roadway extension, lies within 50 feet of the new roadway easement. The covenant shall also include the removal of any structure, including but not limited to the garage, and other portions of the house, that ZC 647, TPM 21486 Modification 1. lie within the thirty-five (35) foot required side yard setback along the eastern side of the property. The removal shall be completed within 12 months of completion of the roadway extension. Comment: As stated earlier, originally the three subdividers were to enter into an agreement for the construction of roadway and cul-de-sac. This was not accomplished, as each applicant built/improved their potion of the street, with the Smith's not completing their subdivision process. A similar condition was previously removed from the subdivision to the southeast. Conditions of subparagraph "e" above have been accomplished by the property owner, and therefore, no covenant is necessary. E. Proposed Modification to Condition No. 32 relating to a 20 foot road and 4-foot bridle path. Applicant's request: Remove. Current Wording of Condition No. 32 Reconstruct base and pavement on Pine Tree Lane to Portuguese Bend Road providing 20 feet of pavement and 4 feet of bridle trail. Construct inverted shoulder pavement 10 feet (lane -width) with 2" minimum Asphalt Cement (A.C.) over a 6" crushed aggregate base. The 4 foot bridle trail on Pine Tree lane shall be composed of decomposed granite and constructed to the Los Angeles County Fire Department Fire Protection Engineering all weather access standards. The paving and bridle trail area shall be separated by 2'x3' redwood header. There shall be no rail or fence separating the trail and road. Comment: The first sentence of this condition is no longer relevant to this subdivision, as owners of TPM NO. 21400 addressed that portion of the road. The remainder of this condition will be amended by condition No. 22 above. REQUIRED CITY COUNCIL ACTION The City Council may concur with the Planning Commission's findings and recommendation of approval of the modifications to the subdivision. If the City Council were to approve the modifications, the Council will have to show affirmative findings that the tentative parcel map complies with the City's Subdivision Ordinance and General Plan and specifying that it does not require rejection pursuant to Section ZC647,TPM 21486. Modification 16.12.150 of the Municipal Code. That section specifies that a tentative map shall be rejected if it is found that: 1. The proposed map is not consistent with applicable general and specific plans; 2. The design or improvement of the proposed subdivision is not consistent with applicable general and specific plans; 3. The site is not physically suitable for the type of development proposed; 4. The site is not physically suitable for the proposed density of development; 5. The design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure wildlife or their habitat; 6. The design of the subdivision or the proposed improvements are likely to cause serious public health or safety problems; 7. The design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the subdivision. In this connection, the.City Council mayapprove a map if it finds that alternate easements, for access or for use, will be provided, and that these shall be substantially equivalent to ones previously acquired by the public. RECOMMENDATION It is recommended that the City Council review the staff report requesting modifications to the 2-lot subdivision, Planning Commission Resolution No. 2002-05 recommending approval, and adopt Resolution No. 912 approving the modifications in Zoning Case No. 647. ZC 647, TPM 21486 Modification RESOLUTION NO. 912 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS APPROVING MODIFICATION TO TENTATIVE PARCEL MAP NO. 21486, SUBDIVISION NO. 84, INVOLVING A PREVIOUSLY APPROVED SUBDIVISION OF A 6.07 ACRE LOT INTO TWO SINGLE- FAMILY RESIDENTIAL LOTS IN ZONING CASE NOS. 450 AND 647. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. A. An application was duly filed by Dr. and Mrs. Ramon Cukingnan with respect to real property at Lot 81-RH, and currently known as 16 Pine Tree Lane, Rolling Hills, requesting to modify certain conditions of approval of Tentative Parcel Map No. 21486 relating to roadway improvements, easement and trail requirements and cost deposit for roadway improvements. B. The City Council approved Tentative Parcel Map No. 21486 by Resolution No. 733 on March 28, 1994 and extended the map for two years by Resolution No. 779 in March 1996. On February 8, 1998, by Resolution No. 833, the Council approved an extension of time to March 28, 2002, which includes a one (1) year automatic extension pursuant to Government Code Section 66452.13 and a five (5) year discretionary extension pursuant to Government Code Section 66463.5(c) from the original expiration date of March 28, 1994. C. In August 1999, the applicant submitted a request to amend certain provisions of the Resolution of approval, specifically to reduce to 18 feet the width of the roadway extension of Pine Tree Lane along the southerly property line of the subdivision, (originally required 20 feet in width), and to eliminate the requirement for a four -foot bridle trail. After considerable review of the proposed modification, it was determined that the request could be considered a minor modification and was, therefore, approved administratively by the City Manager. A similar request was approved earlier that year by the City Council for the adjacent subdivision to the south of subject property. D. The conditions of approval now proposed for modification relate to the required cul-de-sac easement improvements, roadway improvements and to cost deposit requirement for the roadway improvements. Specifically, the applicants have requested modification of conditions No. 21, 22, 23, 30 and 32 of Resolution No. 733. Condition No. 21 requires that the applicant provide a ten -foot perimeter easement along the cul-de- sac bulb; condition No. 22 requires that the applicant provide a four - foot bridle path along Pine Tree Lane; condition No. 23 requires that the applicant show on the tentative parcel map a ten -foot easement along the cul-de-sac and other perimeter easements; condition No. 30 requires that the applicant enter into an agreement with the adjacent property owner for the purpose of constructing the road and lists the minimum terms of this agreement; and condition No. 32 requires that the applicant reconstruct the entire length of Pine Tree Lane to 20 feet in width with an additional four foot decomposed granite pathway. Section 2. The Planning Commission considered this item at a duly noticed public hearing on February 26, 2002, and approved Resolution No. 2002-05 recommending that the City Council approve modifications to the previously approved subdivision. The applicants were notified of the hearing in writing by first class mail. The applicants and the applicants' representatives were in attendance at the hearing. Evidence was heard from members of the City staff, the applicant's representatives, and all persons interested in affecting the proposal. The Planning Commission reviewed, analyzed and studied the project. Section 3. The City Council considered this item at a duly noticed public hearing on March 25, 2002. The applicants were notified of the hearing in writing by first class mail. The applicants and the applicants' representatives were in attendance at the hearing. Evidence was heard from members .of the City staff, the applicant's representatives, and all persons interested in affecting the proposal. The City Council reviewed, analyzed and studied the project. Section 4. Pursuant to Section 16.12.150 of the Rolling Hills Municipal Code, a tentative map shall be rejected under certain conditions. Based upon substantial evidence presented to the City Council regarding the proposed modifications during the public hearing referenced in Section 3, including public testimony and written and oral staff report, the City Council finds as follows: A. The Tentative Parcel Map as modified will continue to meet all Tentative Map findings. The proposed subdivision map and the design and improvement of the proposed subdivision as modified is 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.) 2. Accommodate development, which is compatible with and complements existing land uses. (Land Use Element, p. 15.) 3. Accommodate development that is sensitive to the natural environment and accounts for environmental hazards. (Land Use Element, p. 16.) 4. Provide for housing which meets the needs of existing and future Rolling Hills residents. (Housing Element, p. 46) 5. Maintain and enhance the quality of residential neighborhoods in Rolling Hills. (Housing Element, p. 46) 6. Promote housing opportunities for all persons regardless of race, religion, sex, marital status, ancestry, national origin or color. (Housing Element, p. 47.) 7. 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.) B. The site is physically suitable for the proposed density and type of • development. The proposed use, density, and proposed subdivision improvements as modified are permitted in the RA-S-2 zone. Parcel 1 is 2.32 acres net and Parcel 2 is 2.84 acres net and the proposed lots exceed the minimum 2-acre net lot size of the RA-S-2 zone of the City of Rolling Hills Zoning Ordinance. C. The design of the subdivision and proposed modifications are 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. The initial study prepared for the project did not identify the site as containing unique or sensitive environmental qualities and no threatened rare or endangered plant or animal species were identified during review of the project. D. The design of the subdivision or type of improvements as modified are 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. E. The design of the subdivision or type of improvements as modified will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. This is because existing roadway easements will be maintained or expanded by this project and adequate access will be provided to these parcels and adjacent parcels. In addition, the parcels 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. F. The proposed subdivision as modified will not adversely affect the housing needs of the region. G. The proposed use as modified will be in substantial compliance with the provisions of the Residential Development Standards in the Rolling Hills Zoning Ordinance. H. The proposed use as modified will be compatible with other existing residential development in the immediate area. I. The tentative map design as modified 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 as modified 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 Subdivision Map Act, the discharge of waste from the proposed subdivision as modified into proposed septic systems will not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board, because the applicant is required to comply with all Conditions of Approval regarding waste disposal contained in Section 12, paragraphs 80, 81 and 82 of Resolution No. 733. L. Pursuant to the Rolling Hills Municipal Code Section 16.12.155, this Tentative Parcel Map as modified is consistent with, and does not impact, the County of Los Angeles Hazardous Waste Management Plan. Section 5. Based upon the information and evidence submitted and the findings specified in Section 4, the City Council approves the following modifications to Tentative Parcel Map No. 21486, approved by City Council Resolution No. 733, dated March 28, 1994. A. Paragraph 21 of Section 12 of Resolution No. 733 is amended as follows: "The Pine Tree Lane extension shall culminate in a cul-de-sac bulb and shall have a 32-foot paved radius and an 8-foot perimeter easement. The cul-de-sac bulb shall be located on the property at 16 Pine Tree Lane. Provide the cul-de-sac street along the southerly boundary as a private street with right-of-way of 30 feet from the centerline to the City's satisfaction and comply with all provisions of Section 16.16.080 of the City of Rolling Hills Subdivision Ordinance. The bulb of the cul-de-sac street shall be shown entirely within the property lines on Parcel 1 and Parcel 2 of Parcel Map 21486 in conformance with Section 16.16.050 of the City' Subdivision Ordinance." B. Paragraph 22 of Section 12 of Resolution No. 733 is amended as follows: Delete in its entirety. C. Paragraph 23 of Section 12 of Resolution No. 733 is amended as follows: "The Tentative Parcel Map shall show 30 foot street easements along Pine Tree Lane, eight (8) foot street easements around the cul-de-sac bulb on Parcel 1 and Parcel 2, and a 25 foot easements at the remaining perimeters of each parcel." D. Paragraph 30 of Section 12 of Resolution No. 733 is amended as follows: Delete in its entirety. E. Paragraph 32 of Section 12 of Resolution No. 733 is amended as follows: Delete in its entirety. Section 6. All other provisions of Resolution No. 733, Resolution No. 779, Resolution No. 833, and Tentative Parcel Map No. 21486 shall continue to be in full force and effect. PASSED, APPROVED AND ADOPTED THIS 25TH DAY OF MARCH 2002. JODY MURDOCK, MAYOR ATTEST: MARILYN KERN, DEPUTY CITY CLERK STATE OF CALIFORNIA : ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS) I certify that the foregoing Resolution No. 912 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS APPROVING MODIFICATION TO TENTATIVE PARCEL MAP NO. 21486, SUBDIVISION NO. 84, INVOLVING A PREVIOUSLY APPROVED SUBDIVISION OF A 6.07 ACRE LOT INTO TWO SINGLE- FAMILY RESIDENTIAL LOTS IN ZONING CASE NO. 450 AND 647. was approved and adopted at a regular meeting of the City Council on March 25, 2002 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices. MARILYN KERN, DEPUTY CITY CLERK CL9 RESOLUTION NO. 2002-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS RECOMMENDING THAT THE CITY COUNCIL APPROVE MODIFICATIONS TO TENTATIVE PARCEL MAP NO. 21486, SUBDIVISION NO. 84, INVOLVING THE SUBDIVISION OF A 6.07 ACRE LOT INTO TWO SINGLE-FAMILY RESIDENTIAL LOTS FRONTING THE WESTERN SIDE OF PINE TREE LANE IN ZONING CASE NO. 647. THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. A. An application was duly filed by Dr. and Mrs. Ramon Cukingnan with respect to real property at Lot 81-RH, and currently known as 16 Pine Tree Lane, Rolling Hills, requesting to modify certain conditions of approval of Tentative Parcel Map No. 21486 relating to roadway improvements, easement and trail requirements and cost deposit for roadway improvements. B. The City Council approved Tentative Parcel Map No. 21486 by Resolution No. 733 on March 28, 1994 and extended the map for two years by Resolution No. 779 in March 1996. On February 8, 1998, by Resolution No. 833, the Council approved an extension of time to March 28, 2002, which includes a one (1) year automatic extension pursuant to Government Code Section 66452.13 and a five (5) year discretionary extension pursuant to Government Code Section 66463.5(c) from the original expiration date of March 28, 1994. C. In August 1999, the applicant submitted a request to amend certain provisions of the Resolution of approval, specifically to reduce to 18 feet the width of the roadway extension of Pine Tree Lane along the southerly property line of the subdivision, (originally required 20 feet in width), and to eliminate the requirement for a four -foot bridle trail. After considerable review of the proposed modification, it was determined that the request could be considered a minor modification and was, therefore, approved administratively by the City Manager. A similar request was approved earlier that year by the City Council for the adjacent subdivision to the south of subject property. D. The conditions of approval now proposed for modification relate to the required cul-de-sac easement improvements, roadway improvements and to cost deposit requirement for the roadway improvements. Specifically, the applicants have requested modification of conditions No. 21, 22, 23, 30 and 32 of Resolution No. 733. Condition No. 21 requires that the applicant provide a ten -foot perimeter easement along the cul-de- sac bulb; condition No. 22 requires that the applicant provide a four - foot bridle path along Pine Tree Lane; condition No. 23 requires that the applicant show on the tentative parcel map a ten -foot easement along the cul-de-sac and other perimeter easements; condition No. 30 requires that the applicant enter into an agreement with the adjacent property owner for the purpose of constructing the road and lists the minimum terms of this agreement; and condition No. 32 requires that the Resolution No. 2002-05 TPM 21486 Mod. applicant reconstruct the entire length of Pine Tree Lane to 20 feet in width with an additional four foot decomposed granite pathway. Section 2. The Planning Commission considered this item at a public hearing on February 26, 2002. The applicants were notified of the hearing in writing by first class mail. The applicants and the applicants' representatives were in attendance at the hearing. Evidence was heard from members of the City staff, the applicant's representatives, and all persons interested in affecting the proposal. The Planning Commission reviewed, analyzed and studied the project. Section 3. Pursuant to Section 16.12.150 of the Rolling Hills Municipal Code, a tentative map shall be rejected under certain conditions. Based upon substantial evidence presented to the Planning Commission of the City of Rolling Hills regarding the proposed modifications during the public hearing referenced in Section 2, including public testimony and written and oral staff report, the Planning Commission finds as follows: A. The Tentative Parcel Map as modified will continue to meet all Tentative Map findings. The proposed subdivision map and the design and improvement of the proposed subdivision as modified is 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.) 2. Accommodate development, which is compatible with and complements existing land uses. (Land Use Element, p. 15.) 3. Accommodate development that is sensitive to the natural environment and accounts for environmental hazards. (Land Use Element, p. 16.) 4. Provide for housing which meets the needs of existing and future Rolling Hills residents. (Housing Element, p. 46) 5. Maintain and enhance the quality of residential neighborhoods in Rolling Hills. (Housing Element, p. 46) 6. Promote housing opportunities for all persons regardless of race, religion, sex, marital status, ancestry, national origin or color. (Housing Element, p. 47.) 7. 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.) B. The site is physically suitable for the proposed density and type of development. The proposed use, density, and proposed subdivision improvements as modified are permitted in the RA-S-2 zone. Parcel 1 is 2.32 acres net and Parcel 2 is 2.84 acres net and the proposed lots exceed the minimum 2-acre net lot size of the RA-S-2 zone of the City of Rolling Hills Zoning Ordinance. Resolution No. 2002-05 TPM 21486 Mod. 2 C. The design of the subdivision and proposed modifications are 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. The initial study prepared for the project did not identify the site as containing unique or sensitive environmental qualities and no threatened rare or endangered plant or animal species were identified during review of the project. D. The design of the subdivision or type of improvements as modified are 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. E. The design of the subdivision or type of improvements as modified will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. This is because existing roadway easements will be maintained or expanded by this project and adequate access will be provided to these parcels and adjacent parcels. In addition, the parcels 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. F. The proposed subdivision as modified will not adversely affect the housing needs of the region. G. The proposed use as modified will be in substantial compliance with the provisions of the Residential Development Standards in the Rolling Hills Zoning Ordinance. H. The proposed use as modified will be compatible with other existing residential development in the immediate area. I. The tentative map design as modified 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 as modified 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 Subdivision Map Act, the discharge of waste from the proposed subdivision as modified into proposed septic systems will not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board, because the applicant is required to comply with all Conditions of Approval regarding waste disposal contained in Section 12, paragraphs 80, 81 and 82 of Resolution No. 733. Resolution No. 2002-05 TPM 21486 Mod. L. Pursuant to the Rolling Hills Municipal Code Section 16.12.155, this Tentative Parcel Map as modified is consistent with, and does not impact, the County of Los Angeles Hazardous Waste Management Plan. Section 4. Based upon the information and evidence submitted and the findings specified in Section 3, the Planning Commission recommends that the City Council approve the following modifications to Tentative Parcel Map No. 21486, approved by City Council Resolution No. 733, dated March 28,1994. A. Paragraph 21 of Section 12 of Resolution No. 733 is recommended to be amended as follows: "The Pine Tree Lane extension shall culminate in a cul-de-sac bulb and shall have a 32-foot radius and an 8-foot perimeter easement. The cul-de-sac bulb shall be located on the property at 16 Pine Tree Lane. Provide the cul-de-sac street along the southerly boundary as a private street with right-of-way of 30 feet from the centerline to the City's satisfaction and comply with all provisions of Section 16.16.080 of the City of Rolling Hills Subdivision Ordinance. The bulb of the cul-de-sac street shall be shown entirely within the property lines on Parcel 1 and Parcel 2 of Parcel Map 21486 in conformance with Section 16.16.050 of the City' Subdivision Ordinance." B. Paragraph 22 of Section 12 of Resolution No. 733 is recommended to be amended as follows: Delete in its entirety. C. Paragraph 23 of Section 12 of Resolution No. 733 is recommended to be amended as follows: "The Tentative Parcel Map shall show 30 foot street easements along Pine Tree Lane, eight (8) foot street easements around the cul-de-sac bulb on Parcel 1 and Parcel 2, and a 25 foot easements at the remaining perimeters of each parcel." D. Paragraph 30 of Section 12 of Resolution No. 733 is recommended to be amended as follows: Delete in its entirety. E. Paragraph 32 of Section 12 of Resolution No. 733 is recommended to be amended as follows: Delete in its entirety. Section 5. The Planning Commission also recommends that all other provisions of Resolution No. 733, Resolution No. 779, Resolution No. 833, and Tentative Parcel Map No. 21486 shall continue to be in full force and effect. Resolution No. 2002-05 TPM 21486 Mod. � 1 4 PASSED, APPROVED AND ADOPTED THIS 26TH DA,y.Q E3RU1 RY 2002. ALLAN ROBERTS, CHAIRMAN ATTEST: MARILYN KE , DEPUTY CITY CLERK Resolution No. 2002-05 T'PM 21486 Mod. 5 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS) I' certify that the foregoing Resolution No. 2002-05 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS RECOMMENDING THAT THE CITY COUNCIL APPROVE MODIFICATIONS TO TENTATIVE PARCEL MAP NO. 21486, SUBDIVISION NO. 84, INVOLVING THE SUBDIVISION OF A 6.07 ACRE LOT INTO TWO SINGLE-FAMILY RESIDENTIAL LOTS FRONTING THE WESTERN SIDE OF PINE TREE LANE IN ZONING CASE NO. 647. was approved and adopted at a regular meeting of the Planning Commission on February 26, 2002 by the following roll call vote: AYES: Commissioners Hankins, Margeta, Sommer, Witte and Chairman Roberts. NOES: None . ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. Resolution No. 2002-05 TPM 21486 Mod. k MARILYN I RN, DEPUTY CITY CLERK 6 1 '4 Cox CASTLE NICHOLSONs--- r February 12, 2002 VIA FACSIMILE AND MAIL Ms. Yolanta Schwartz City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 Re: Modification Request/Tentative Parcel Map No. 21486 Dear Ms. Schwartz: Cox, Castle & Nicholson LLP 2049 Century Park East, 28' Floor Los Angeles, California 90067-3284 P 310.277.4222 F 310.277.7889 Stanley W. Lamport 310.284.2275 slamportCocoxcastle.com File No. 30233 FEB 1 3 2862 Ct11Y (3l`;'3A0.1Li,b :ty This firm represents Dr. and Mrs. Ramon Cukingnan. On behalf of the Cukingnans, we are requesting that the City approve modifications to four conditions for Tentative Parcel Map 21486 which are set forth in Resolution No. 733. All of these changes relate to the widening of Pine Tree Lane and the extension of Pine Tree Lane to the cul-de-sac the Cukingnans have constructed on their property. Three of the requested modifications will conform the tentative map conditions related to construction of Pine Tree Lane to the changes the City approved in connection with Tentative Parcel Map 21400 (Hassoldt). As you know, the Cukingnan tentative parcel map, the Hassoldt tentative parcel map and Tentative Parcel Map 22334 (Smith) were conditioned on the parties entering into an agreement with each other to widen Pine Tree Lane to a width of 20 feet plus a four -foot wide bridle trail, and to extend Pine Tree Lane to a cul-de-sac, which was to be constructed on the Cukingnan property. In 1999, the Hassoldts requested, and the City approved. a modification to narrow the required width of Pine Tree Lane to 18 feet and to permit the Hassoldts to proceed independently of the other maps. The latter modification was accomplished by (a) eliminating the requirement that the Hassoldts enter into an agreement with the other subdividers for construction of Pine Tree Lane, (b) limiting the Hassoldts' requirement to widen Pine Tree Lane to that portion between Portuguese Bend and the Cukingnan property, and (c) requiring the Hassoldts to construct a temporary cul-de-sac. As a result of that modification, the Cukingnans were left with the requirement to build the Pine Tree Lane extension and permanent cul-de-sac, which they have now completed. Unfortunately, when the City modified the Hassoldt map in 1999, the City did not make corresponding changes to the Cukingnan map, which still contains the original conditions requiring the 20 foot roadway, four -foot bridle trail and extending Pine Tree Lane pursuant to an '. — www.coxcastle.com Los Angeles I Orange County I San Francisco Ms. Yolanta Schwartz February 12, 2002 Page 2 agreement with the Hassoldts and Smiths, which were all removed from the Hassoldt tentative map. The Hassoldts have now recorded a final map and have completed the subdivision process. The Cukingnans have completed all of their improvements and will be applying for a final map shortly. The Cukingnans are seeking modifications that will conform the conditions in their tentative parcel map to the changes the City has already approved in the field and which have been constructed with City approval. The requested modifications are as follows: 1. Condition 21. Condition 21 relates to the extension of Pine Tree Lane and location of the cul-de- sac on the Cukingnan property. Among the conditions is a requirement that the cul-de-sac bulb have a 10 foot perimeter easement. The Community Association has accepted an 8 foot perimeter easement instead of the 10 foot easement. The Cukingnans are, therefore, requesting that the City modify the condition to reflect the 8 foot perimeter easement the Community Association actually accepted. The condition would be rewritten as follows with the proposed change highlighted in bold type: "21. The roadway extension shall culminate in a cul-de-sac bulb and shall have a 32-foot radius and an 8-foot perimeter easement. The cul-de-sac bulb shall be located on the property at 16 Pine Tree Lane. Provide the cul-de-sac street along the southerly boundary as a private street with a right-of-way of 30 feet from the centerline to the City's satisfaction and comply with all provisions of Section 16.16.080 of the City's Subdivision Ordinance. The bulb of the cul-de-sac street shall be shown entirely within the property lines on Parcels 1 and 2 in conformance with Section 16.16.050 of the City of Rolling Hills Subdivision Ordinance." 2. Condition 22. The Cukingnans are requesting that the City remove this condition. Condition 22 relates to construction of the 4 foot wide bridle trail along Pine Tree Lane, which would have tied into the bridle trail along the remainder of Pine Tree Lane, which the City eliminated when it approved modifications to the Hassoldt tentative parcel map. The City Manager approved a minor modification to the Cukingnan map, which allowed the Cukingnans to build the extension of Pine Tree Lane without the bridle trail in the same fashion that the Hassoldts had widened the remainder of Pine Tree Lane. That modification was approved in recognition that there was no longer a bridle trail on Pine Tree Lane for the bridle trail referenced in Condition 22 to tie into. The Cukingnans are requesting the City formally delete Condition 22, which is now obsolete. Ms. Yolanta Schwartz February 12, 2002 Page 3 3. Condition 30. The Cukingnans are requesting that the City remove this condition. Condition 30 relates to easements for construction of the roadway extension and the cul-de-sac bulb, and certain terms for payment, of construction costs for those improvements to be included in an agreement between the Cukingnans and surrounding property owners. Condition 30 is now moot and should be removed. As a result of the modification to the Hassoldts' tentative map and the minor modification to the Cukingnan map that required the Cukingnans to construct all of the roadway extension improvements on their property, the Cukingnans were not required to enter into the agreement referenced in the condition. Furthermore, the roadway extension and cul-de-sac bulb improvements have been completed to the City's satisfaction. 4. Condition 32. The Cukingnans are also requesting that the City remove this condition. This condition relates to the 20 foot road and 4 foot bridle trail expansion of Pine Tree Lane to Portuguese Bend, which was changed in the Hassoldt tentative parcel map. This condition is now moot since the Hassoldts completed the widening of Pine Tree Lane and the dimensions referenced in the condition were changed when the City modified the Hassoldts' map. We request that the Planning Commission favorably consider these proposed modifications and forward them to the City Council for final approval. If you have any questions, please feel free to call me. SWL:rsl 30233\93704Iv3 c? Feb-14-2002 04:18pm From -OVERFLOW T-601 P.002/003 F-302 I COXCASTLE NICHOLSONL-- P February 14, 2002 VIA FACSIMILE AND MAIL Ms. Yolanta Schwartz City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 Re: Modification Reauest/Tentative Parcel Map No. 21486 Dear Ms. Schwartz: Cox, Castle & Nicholson LLP 2049 Century Park Easy 28* Floor Los Angeles, California 90067-3284 P 310.277.4222 P 310.277.7889 Stanley W. Lsmporr 310.284.2275 slamporr@coxcatde.cont File No. 30233 This letter is to follow up on our letter dated February 12, 2002 in which we set forth our request that the City approve modifications to four conditions for Tentative Parcel Map 21486 which are set forth in Resolution No. 733. Please amend our request to include modification of Condition 23, which also refers to a 10-foot street easement around the cul-de-sac bulb. As with Condition 21, the Community Association has accepted an 8 foot perimeter easement instead of the 10 foot easement. The Cukingnans are therefore requesting that the City modify the condition to reflect the 8 foot perimeter easement the Community Association actually accepted. The condition would be rewritten as follows with the proposed change highlighted in bold type: "23. The Tentative Parcel Map shall show 30 foot street easements along Pine Tree Lane, 8 foot street easements around the cul- de-sac bulb on Parcel 1 and Parcel 2, and 25 foot easements at the remaining perimeters of each parcel. The cul-de-sac bulb shall be compatible with Tentative Parcel Map Nos. 21400 (Hassholdt) and 22334 (Smith)." ►--- www coxc►sdc.com Los Angeles I Orange County I San Francisco Feb-14-2002 04:18p11 From —OVERFLOW T-601 P.003/003 F-302 Ms. Yolanta Schwartz February 14, 2002 Page 2 We request that the Planning Commission favorably consider this additional proposed modification and forward them to the City Council for final approval. If you have any questions, please feel free to call me_ SWL:rsI 30233l93$6$6v2 g r,)