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0780RESOLUTION NO. 780 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF TENTATIVE PARCEL MAP NO. 21444, SUBDIVISION NO. 86, A REQUEST TO RESUBDIVIDE THREE EXISTING LOTS COMPRISING A TOTAL OF 13.7 ACRES THAT HAVE ONE RESIDENTIAL UNIT INTO THREE NEWLY CONFIGURED SINGLE- FAMILY RESIDENTIAL LOTS FRONTING THE WESTERN SIDE OF PORTUGUESE BEND ROAD IN ZONING CASE NO. 453. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application was duly filed by Mrs. Dotha S. Welbourn with respect to real property at Lots 89-A-RH, 89-C-RH and 92-RH, and currently, 25 Portuguese Bend Road, Rolling Hills, requesting to resubdivide those three existing lots consisting of a total of 13.7 acres that have one residential unit into three newly configured single-family residential lots fronting the western side of Portuguese Bend Road. Section 2. The application for the project was completed for processing on April 20, 1995. The Planning Commission reviewed the case at subsequent meetings beginning on May 16, 1995 requesting 4 single-family residential lots. On October 17, 1995, revised plans were presented showing that one lot was eliminated and the net sizes of the 3 remaining parcels were increased. In addition, the plans showed that grading and buttressing plans of the site were reduced and revised. The revised plans indicated that the permanent disturbed area of Parcel 1 to be 28.2%. On April 4, 1996, the applicant submitted a request to file phased final maps for each lot in the proposed subdivision. Section 3. The application applies to Lots 89-A-RH, 89-C-RH and 92-RH which consists of 13.7 acres gross. This lot is proposed to be divided into three parcels as follows: Parcel 1 - 8.40 acres gross, 6.53 acres net; Parcel 2 - 3.02 acres gross, 2.39 acres net; and Parcel 3 - 2.8 acres gross, 2.12 acres net. Lot 89-RH and Lot 92-RH are within the RA -S-2 zone district (2 -acre minimum zone), and referred to as Assessor's Book, Page, and Parcel No. 7569-012-001 and 7569-012-014. The General Plan Land Use designation for this property is Very Low Density Residential 2+ Net Acres per Dwelling Unit. Section 4. The subject site is presently occupied by one residential structure at the north central portion of the property, surrounded by landscaping. The existing residential structure would be located on Parcel 2. The remainder of the lot is presently vacant with natural vegetation in a semi -disturbed state. The site is surrounded by other single family dwellings on lots that are 2 acres or greater in size. The zone designation for the subject site is RA -S-2 and the zone designation on adjacent properties is RA -S-2. Section 5. The Planning Commission conducted a duly noticed public hearing to consider the application for a 4 -lot subdivision of land (later revised on October 17, 1995 to a 3 -lot subdivision of land) on May 16, 1995, June 20, 1995, July 18, 1995, August 15, 1995, September 19, 1995, October 17, 1995, November 21, 1995, December 19, 1995, and January 16, 1996, and at field trip visits on June 17, 1995, and November 18, 1995. The applicants were notified of the public hearing in writing by first class mail and through the City's newsletter. Evidence was heard and presented from all persons interested in affecting said proposal, from all persons protesting the same, and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. Concerns expressed by residents focused on the location of the Pheasant Lane cul-de-sac and the preservation of natural habitat. The applicant's representatives were in attendance at the hearings. The hearings were continued at the applicant's request due to the incomplete geological evaluation of the proposed lots, the relocation of the Pheasant Lane cul-de-sac and the review of a biological report with recommended mitigation measures for the preservation of native habitat by the Wildlife Preservation Committee. The Planning Commission approved Resolution No. 96-2 recommending approval to the City Council of the 3 -lot subdivision on February 3, 1996. Section 6. The City Council conducted a duly noticed public hearing to consider the application on February 13, 1996, February 26, 1996, March 11, 1996, March 25, 1996, March 27, 1996, April 8, 1996, and April 22, 1996, and at a field trip visit on February 15, 1996. On Resolution No. 780 -1- April 8, 1996, a phased filing plan was proposed by the applicant. During the hearings, the Council discussed the phased filing plan, the total disturbed area and the minimum mitigation area required to stabilize the hillside on Parcel 1, the disturbance required for a 15,000 square foot building pad on Parcel 1, the trees that would be impacted by the proposed Pheasant Lane, the effects of erosion or required maintenance on Portuguese Bend Road at the bend in the road, and equestrian access/passage beyond the cul-de-sac on the proposed Pheasant Lane. Evidence was heard and presented from all persons interested in affecting said proposal, from all persons protesting the same, and from members of the City staff and the City Council having reviewed, analyzed and studied said proposal. The applicant was in attendance at the hearings. Section 7. According 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 parcel map and the Commission is to make its recommendations to the City Council upon completing evaluation of all environmental impacts pursuant to the local guidelines implementing the California Environmental Quality Act (CEQA). Section 8. On April 21, 1995, the Planning staff prepared an initial study for the project. The initial study found that the project would not have a significant effect on the environment if certain mitigation measures were included in the project. The Negative Declaration was prepared with those mitigation measures and was circulated to the applicant and other interested parties in accordance with State of California CEQA Guidelines. The public notice of the Planning Commission's intent to recommend approval of the Negative Declaration was published. Copies of the Negative Declaration were sent to adjacent cities and other government agencies. No comments on the Negative Declaration were received. Section 9. The City Council has reviewed the proposed Negative Declaration and finds that it represents the independent judgment of the City and that it was prepared in compliance with CEQA. Therefore, the Council finds that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures have been added to the project, and are incorporated herein by reference. Based upon these findings, the City Council hereby adopts the mitigated Negative Declaration in accordance with the California Environmental Quality Act. Section 10. 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 during the public hearing referenced in Section 5, including public testimony, and written and oral staff reports, the City Council finds as follows: A. The proposed subdivision 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.) 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. 44) 5. Maintain and enhance the quality of residential neighborhoods in Rolling Hills. (Housing Element, p. 44) 6. Promote housing opportunities for all persons regardless of race, religion, sex, marital status, ancestry, national origin or color. (Housing Element, p. 45.) Resolution No. 780 -2- 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 theµ--: proposed density and type of development. The proposed use, density, and proposed subdivision improvements are permitted in the RA -S-2 zone. Parcel 1 is 6.53 acres net, Parcel 2 is 2.39, and Parcel 3 is 2.12 acres net which exceeds the minimum 2 -acre lot size of the RA -S-2 zone. C. 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. 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 is not likely to cause serious public health problems. The design of the subdivision and the proposed improvements 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 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 will not adversely affect the housing needs of the region. G. The proposed use will be in substantial compliance with the provisions of the Residential Development Standards in the Rolling Hills Zoning Ordinance. H. The proposed subdivision, as revised, is in compliance with the 40% maximum disturbed area requirement contained in Section 17.16.070(B) of the Zoning Ordinance. Although 28.2% of Parcel 1 will be remediated through grading and recompaction, only 6.9% of the lot area will not be returned to its original state. Parcel 2 will be remediated through grading to create an extension of Pheasant Lane and a new driveway from Pheasant Lane to the existing residence for a total disturbed area of 32.3%. Parcel 3 will be remediated through grading to create an extension of Pheasant Lane, a new driveway from Pheasant Lane to the proposed building pad and to create the new building pad for a total disturbed area of 36.0o. Thus, the portion of the lot that will be disturbed in both a remedial and a permanent manner for each lot of the subdivision satisfies the requirement of Section 17.16.070(B). I. The proposed use will be compatible with other existing residential development in the immediate area. J. 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. K. 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. L. Pursuant to Section 66474.6 of the 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 Resolution No. 780 -3- Control Board, because the applicant is required to comply with all Conditions of Approval regarding waste disposal contained in Section 12 of this Resolution. M. 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. Section 11. Pursuant to the Rolling Hills Municipal Code Section 16.12.130, the City Council grants the following modifications to the Subdivision Ordinance for this project which is determined to be warranted because of the size, shape and location of the proposed division of land and the unusual physical conditions thereon: A. Street Grades. The Rolling Hills Municipal Code Section 16.16.150 requires _ that no street shall have a grade of more than six (6) percent except for short distances where the topography makes it impracticable to keep within such grades, and in that event, the grade shall not exceed ten (10) percent except where evidence which is satisfactory to the Advisory Agency is given that a lower grade is not possible. However, the maximum permissible grade shall not exceed seventeen percent for a distance of more than one hundred fifty feet. Proposed extension of Pheasant Lane has an existing grade beginning at Portuguese Bend Road that varies from 2% for 370 feet, 17o for 290 feet, 1.57o for 170 feet, 137o for 115 feet and 37o for 60 feet at the cul-de-sac end of Pheasant Lane (1,005 feet). Based upon the evidence submitted, the City Council finds that the existing topography and road makes it impossible to construct a roadway with a maximum 10% grade unless a switchback design is incorporated which would traverse and render undevelopable at least one lot in the proposed subdivision. The alteration of the road to meet the minimum guidelines would also cause large amounts of grading and would require retaining walls exceeding 5 feet along portions of Pheasant Lane. B. Cul-de-sac Abutting Footage. The Rolling Hills Municipal Code Section 16.16.050 requires that abutting footage of each lot fronting on a minimum 32 foot radius cul-de-sac turning area be substantially the same. Abutting footage of Parcel 1 of the proposed subdivision has an abutting footage of 132 feet and 25 Pheasant Lane (Lot 89-B- RH) has an abutting footage of 25 feet. Based upon the evidence submitted, the City Council finds that the existing lot lines and configuration of the former lots make it impossible to construct a cul-de-sac turning area with abutting frontage of each lot substantially the same. The alteration of the road to meet the minimum guidelines would also cause large amounts of grading and would require retaining walls exceeding 5 feet along portions of Pheasant Lane. Section 12. Based upon the foregoing findings, the City Council approves Tentative Parcel Map No. 21444, Subdivision No. 86 in Zoning Case No. 453, a request for a three (3) lot subdivision of land (attached hereto as Exhibit A) subject to the modifications to the subdivision ordinance specified in Section 11 and subject to the conditions contained in Section 13 of this resolution. In addition, the City Council approves a request by the applicant to file final maps for the subdivision in up to three phases that correspond to each of the three parcels in the proposed subdivision. Section 13. Tentative Parcel Map No. 21444, Subdivision No. 86 in Zoning Case No. 453 (attached hereto as Exhibit A) shall be subject to the following conditions: C� GENERAL CONDITIONS: 1. This Tentative Parcel Map shall expire two (2) years from the date of City Council approval. The Tentative Parcel Map was approved on and will expire ori the following dates: APPROVAL DATE: April 22, 1996 EXPIRATION DATE: April 22, 1998 One final map for all three parcels in this subdivision may be filed. Alternatively, individual final maps for one or more of the parcels in this subdivision may be filed in Resolution No. 780 -4- phases at the discretion of the subdivider. The tentative parcel map and this approval shall become null and void for those parcels in the proposed subdivision for which a final map has not been timely filed prior to the above-mentioned expiration date in accordance with provisions of the Subdivision Map, Act. { 2. An extension of time to the expiration date may be granted by the City Council upon submittal of a formal application and required exhibits at least thirty (30) days prior to expiration. A letter indicating an intent to file an extension should be filed at least sixty (60) days prior to the expiration date. 3. 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 labeled Exhibit A, dated Anril 22, 1996 as modified by these Conditions of Approval. 4. 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 applicant. 5. 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 grading permits, building permits or both such permits are issued for the development. 6. The subdivider shall obtain approval of, and all required permits from, the Rolling Hills Community Association for all of the following: (a) subdivision improvements affecting easements, roads, and trails; and (b) the location of, and the improvements to Pheasant Lane, including but not limited to the extension of Pheasant Lane and the proposed cul-de-sac bulb. In the event the location of the roadway extension cul-de-sac built is modified by the Community Association, the tentative map shall be resubmitted to the Rolling Hills Planning Commission for modification approval. 7. The applicant shall pay all fees at the time fees are determined to be applicable and comply with all requirements of the applicable Federal, State and Local agencies, including, but not limited to the following as applicable: Los Angeles County Sanitation District Los Angeles County Consolidated Fire District California Water Service Company Palos Verdes Peninsula Unified School District United States Army Corps of Engineers 8. Should the Department of Fish and Game determine that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant, Mrs. Dotha S. Welbourn, shall remit a cashier's check to the City of Rolling Hills in the amount of $25.00 for a County Clerk document handling fee in connection with Fish and Game Code requirements. Furthermore, the applicant, Mrs. Dotha S. Welbourn, shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed should this subdivision not be exempt from a filing fee imposed pursuant to Fish and Game Code Section 711.4 because the project has more than a de minimus impact on fish and wildlife. 9. The subdivider shall dedicate land or pay a fee in lieu thereof for purposes of park and recreational facilities (Quimby Act) in accordance with the proportional standards set forth in Section 16.18.150 of the Rolling Hills Municipal Code_ 10. The subdivider's engineer shall coordinate with utiiity ecmpanies in order to ensure that required public improvements are not in conflict w #h. E:xisting„ or proposed utilities. 11. The subdivider shall comply with all requirements of the Congestion Management Plan for the County of Los Angeles and any related City of Rolling Hills requirements. Resolution No. 780 -5- 12. The subdivider shall defend, indemnify, and hold harmless the City of Rolling Hills and its officers, employees and agents from and against any claim, action or proceeding against the City of Rolling Hills, its officers, employees, or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Rolling Hills concerning this subdivision, including but not limited to any approval or condition of approval of the City Council, Planning Commission or Planning Director, which action is brought within the time period provided for in Government Code Section 66499.37. The City shall promptly notify the subdivider of any claim, action, or proceeding concerning the subdivision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees and agents in the defense of the matter. 13. When exhibits and written conditions of approval are in conflict, the written conditions shall prevail. MMI THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO THE STAMPING OF THE TENTATIVE MAP FOR CONDITION COMPLIANCE: Planning 14. The Tentative Parcel Map shall be drawn to a scale of one inch to one hundred feet unless otherwise required and approved by the City Engineer. 15. The Tentative Parcel Map shall, at a minimum, show: a. The tract number; b. Sufficient legal description of the land as to define the boundaries of the proposed tract; C. Name and address of the subdivider and of the registered engineer or licensed surveyor who has done or will do the survey work required to be done by this. title; d. Locations, names and existing widths of all adjoining streets or roads and a statement as to their character as being public or private; e. The width and grades of all existing and proposed roads within such proposed subdivision, and the direction of drainage and proposed disposition of water; f. The widths and locations of all existing and proposed roads and easements, whether public or private, for drainage, bridle trails, sanitary and storm sewers, or public utility purposes; g. ; The radii of all curves on streets or other easements; h. The lot layout and the dimensions of each lot; i. The location of a building pad that has a minimum 12,000 square foot graded area and the location of a four hundred -fifty square foot stable area, and a five hundred -fifty square foot corral area. The grade of access to the building pad shall not be greater than twenty percent, and to the stable area not greater than twenty-five percent; . j. Th¢ approximate locations of all areas subject to inundation of storxn�ater ,overflow, or geological hazard, which areas shall be marked "Subject to Flooding" or "Subject, to Geological Hazard" and the, locations, widths and directions of flow of all watercourses and/or swales; k.. The approximate location and size of all existing and -proposed water ains within and adjacent to such proposed tract;, I z solution No. 780 -6- u 1. The approximate location and size of all existing and proposed fire hydrants within the proposed tract which shall be placed at intervals of not more than eight hundred feet; in. Show existing sewage disposal components with distances to lot lines; n. Account for all existing easements; o. Verify subdivision boundaries; p. Proposed method of sewage disposal; q. Proposed use of each lot; r. Approximate contours at five-foot vertical intervals, except where the slope is in excess of thirty degrees, in which case the vertical interval between approximate contours shall be twenty feet, and where grading is proposed, engineering data shall show the approximate finish grading; S. Proposed balanced cut and fill grading amounts. t. Proposed public areas, if any; U. Date, north point and scale; V. Scaled vicinity map; W. Number for each proposed lot; x. Statement of existing groundcover related to the area where there will be grading or additional disturbance required for firebreak protection; y. Approximate location of each tree within the proposed subdivision area, and an indication as to which of those trees are to be removed related to the area where there will be grading or additional disturbance required for firebreak protection; Z. Approximate location and outline to scale of each existing building or structure within the proposed tract which will not be removed or demolished in the development of the subdivision; aa. A designation by letter or actual name, for purposes of identification, of any street within the proposed subdivision; bb. Existing zoning both as to land use and area requirements; CC. Note on the map, "Geotechnical Note(s). Potential Building Site: For grading and corrective work requirements for access and building area for Lot Nos. 1-3, refer to the Geotechnical Reports by AGI, Dated 9/10/92, 1/14/94, 3/27/95, 7/14/95, and 8/31/95;" dd. Show on the map the location of the safe access to the lots; ee. Show on the map the location of existing and potential building sites in accordance with the geotechnical reports, if an unmitigated hazard exists; ff. Show on the map the location of the "Restricted Use Areas;" gg. Delineate the boundaries of those areas on Parcels 1, 2 and 3 which have been determined by the City, based upon the report from Callyn D. Yorke, PhD., to have mature native vegetation as of January 31, 1996 and that are intended to be protected and preserved. Note on the map, "mature native vegetation protected areas (MNV areas) subject to special removal and disturbance restrictions;" - Resolution No. 780 -7- hh. Delineate a proposed 1.1 acre area as the "mature native vegetation mitigation area (Mitigation Area)" on Parcel 1 located along a north -south band on the downward slope of the parcel and along the parcel's eastern boundary. Note on the map, "mature native vegetation mitigation area (Mitigation area);" ii. 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. (Ordinance 161, Section 11-2.105, 1980); 16. Where public sewers are not available, and where private sewage systems will be utilized, the results of percolation tests shall be submitted in accordance with the recommendations of the City Health Officer. 17. 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 3 lots in the proposed subdivision, and that on each lot a building site can be developed 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. 18. The Tentative Parcel Map shall comply with the City's Subdivision Ordinance and Zoning Ordinance, except as otherwise modified in this resolution. 19. The Tentative Parcel Map shall delineate the location of a minimum 450 square foot stable and a minimum 550 square foot corral on each parcel of the subdivision. 20. The applicants shall submit evidence that they are the owners of the property shown on the Tentative Parcel Map as proposed for subdivision. 21. The Tentative Parcel Map shall show the distances from all sewage disposal components to the proposed parcel lines. If any such sewage disposal component is not on the same parcel as the building it serves, or if it does not meet the horizontal clearance requirement of the Plumbing Code (Table 11-1), the proposed parcel line shall be relocated to so provide, or a replacement sewage disposal system complying with Plumbing Code requirements shall be provided prior to division of land. 22. The Tentative Parcel Map shall provide standard property line return radii of 13 feet at all local street intersections, including intersection of local streets with General Plan Highways, and 27 feet where all General Plan Highways intersect, or to the satisfaction of the Department. 23. The Tentative Parcel Map shall provide a new centerline to the satisfaction of the Superintendent of Streets whenever the centerline of the existing pavement does not coincide with the road centerline to the satisfaction of the City. 24. The Tentative Parcel Map shall show Pheasant Lane as a private paved street with a right-of-way of 38 feet for at least 190 feet inward from Portuguese Bend Road and 30 feet for the remainder of the proposed roadway including all necessary slope easements to the City's satisfaction and shall comply with all provisions of Section 16.16.080 of the City's Subdivision Ordinance. 25. The Tentative Parcel Map shall include an extension of Pheasant Lane and accompanying easements along the westerly property line of the applicant's property and within easements at the easterly property line of the adjacent property located at 2 Pheasant Lane (Lot 89-B-RH). The roadway extension shall culminate in a cul-de-sac bulb and shall have a 32 -foot radius and a 10 foot perimeter easement. The bulb of the cul-de-sac street shall be shown entirely within the property lines on the properties at 2 Pheasant Lane (Lot 89-B-RH) and Parcel 1 of the proposed subdivision in conformance with Section 16.16.050 of the City of Rolling Hills Subdivision Ordinance. 26. The Tentative Parcel Map shall show 30 foot street easements along Pheasant Lane for Parcels 1 and 2, 10 foot street easements around the cul-de-sac bulb on the property of Parcel 1 of the proposed subdivision and 2 Pheasant Lane (Lot 89-B-RH), 80 foot street Resolution No. 780 -8- easements through the westerly portion of Parcel 1 until the centerline of Poppy Trail Road and 40 foot street easements_ at the southerly portion of Parcel. 1, 40 foot street easements at the southerly portion of Parcel 2, 40 foot street easements at the southerly portion of Parcel 3, 38 foot easements at the westerly portion of Parcel 3 for 196 feet north of the southerly easement at Portuguese Bend Road; and 25 foot easements at the remaining perimeters of each parcel. 27. The Tentative Parcel Map shall show the following streets as private streets of the Rolling Hills Community Association: Saddleback Road, Poppy Trail Road, Pheasant Lane and Portuguese Bend Road. 28. The Tentative Parcel Map shall show the location of a 4 foot bridle trail on Pheasant Lane within Community Association easements. The bridle trail shall be continuous in nature and connect to existing trails within the trails system. 29. The Tentative Parcel Map shall show all grades on Pheasant Lane. 30. The Tentative Map shall show individual driveways that are 20 feet wide. 31. The Tentative Map shall show Pheasant Lane as a Fire Lane (including the trail). 32. Fire Department "Information only" maps showing a "typical section" of Pheasant Lane, complying with the above conditions shall be submitted to the Fire Department. 33. The map shall show that parcel lines extend to the center of private and future streets where feasible. 34. The Tentative Parcel Map shall provide a new centerline and cul-de-sac bulb on Pheasant Lane to the satisfaction of these conditions and the City Engineer/ Superintendent of Streets. 35. All utility lines, including but not limited to electrical, telephone and cable television, which serve or are proposed to serve the 3 parcels created by this Tentative Parcel Map shall be placed underground. The underground utility lines shall be located within the roadway easement of Pheasant Lane from Portuguese Bend Road at the south to the cul-de-sac at the north with underground stems leading from Pheasant Lane to each parcel of this subdivision and other properties along Pheasant Lane. There shall be no overhead utility lines across Pheasant Lane. The underground utility lines shall be located within the roadway easement of Pheasant Lane wherever possible. E=TY-7 THE FOLLOWING CONDITIONS SHALL BE COMPLETED PRIOR TO OR IN CONNECTION WITH RECORDATION OF THE FINAL MAP OR ANY PHASE: Planning Citv Engineer/Superintendent of Streets Land Development Division - Road Unit Fire Department 36. Easements for the Pheasant Lane Roadway shall be shown on the final map or any final map for a phase of the subdivision. A final map for any phase shall be accompanied by deeds providing for such easements to be recorded against the original lots that comprise the remaining parcels in the proposed subdivision that are not covered by the first final map. The easements for the roadway extension and the cul-de-sac bulb shall include the area needed for access and grading of that easement. The grant of the easement shall be to the Rolling Hills Community Association. 37. Street improvements on Pheasant Lane shall be engineered and designed to match that required for any approved neighboring subdivision map. Further, paving shall properly coincide with neighboring properties to the satisfaction of the City of Rolling Hills. The street improvements shall be constructed with rolled curbs and shoulders, to the Resolution No. 780 -9- satisfaction of the City of Rolling Hills and the Rolling Hills Community Association. The paving shall include gutters and flow lines, unless otherwise required by the Rolling Hills Community Association. 38. The construction of Pheasant Lane from Portuguese Bend Road to its terminus shall be constructed in accordance with the following conditions: a. Construct Pheasant Lane from Portuguese Bend Road to and including the cul-de-sac bulb at its terminus as reflected on the Tentative Map. In the event a final map for parcel 3 is filed prior to a final map for parcels 1 or 2, the construction of Pheasant Lane shall be limited to that portion along parcel 3 to a "hammer -head" terminus on parcel 2 at a location on parcel 2 acceptable to the City Engineer. Construction of the remaining portion of Pheasant Lane shall be completed before the earlier to occur of the fallowing: (i) the issuance of a certificate of occupancy (final inspection) for the construction of a residential structure on proposed parcel 1; or (ii) upon the filing of a final map for parcel 1, or at such later time as may be agreed to by the City in connection with the approval of a subdivision improvement agreement and the posting of a bond to secure completion of this condition. b. The base and pavement on Pheasant Lane to Portuguese Bend Road shall provide for 28 feet of pavement and 4 feet of bridle trail for at least 25 feet north of Portuguese Bend Road and 20 feet of pavement and 4 feet for bridle trail for the remainder. Inverted shoulder pavement 10 feet (lane -width) with 2" minimum Asphalt Cement (A. C.) over a 6N crushed aggregate base shall be constructed. The 4 foot bridle trail on Pheasant 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 a 2" x 3" redwood header. There shall be no rail or fence separating the trail and road. 39. Easements shall be granted to the Rolling Hills Community Association for the purpose of ingress, egress, construction and maintenance of all infrastructure constructed as roadways, trails, and utility access to the satisfaction of the City Engineer. City Engineer/ Superintendent of Streets and Development Division 40. Details and notes shown on the tentative map are not necessarily approved. Any details or notes which may be inconsistent with requirements of ordinances, general conditions, of approval, or City policies must be specifically approved by the City. Otherwise all such inconsistent details and notes or ordinance requirements shall be corrected to conform to these conditions and ordinance requirements that were in effect at the time that this tentative map was approved by the City of Rolling Hills. 41. The relationship of existing sewage disposal components to the new parcel lines may create conditions that do not comply with the Building Code/Plumbing Code/Zoning Ordinance. These non -complying conditions shall be corrected or the lot/parcel lines relocated prior to the division of land. 42. Easements for public utilities shall be required, subject to review by the City Engineer to determine the final locations and requirements. 43. Easements shall not be granted or recorded within areas proposed to be granted, dedicated, or offered for dedication for public streets, highways, access rights, building restriction rights, or other easements until after the final map is filed with the County Recorder. If easements are granted after the date of tentative approval a subordination must be executed by the easement holder prior to the filing of the final map. 44. 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 Code and other appropriate ordinances such as the Building Code, Plumbing Code, Grading Ordinance, Highway Permit Ordinance, Mechanical Code, Zoning Ordinance, Undergrounding of Utilities Ordinance, Resolution No. 780 -10- Water Ordinance, Sanitary Sewer. and Industrial Waste Ordinance, Electrical Code, and Fire Code. Improvements and other requirements may be imposed pursuant to such codes and ordinances. 45. All easements existing 'at the time of -tentative map approval must be accounted for on the approved final 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 final map in lieu of its location. If all easements have not been accounted for, submit a corrected tentative map to the Planning Department for approval. 46. Label the 20 foot access easement on Parcels 1, 2, and 3 as "Private Driveway and Fire Lane" and delineate on the final map to the satisfaction of the Fire Department. 47. Place a note on the final map to the satisfaction of the Department to convey to the Community Association as a unit both portions of ownership within Parcel 1, separated by Portuguese Bend Road, and connect said portions with a standard land hook. 48. Existing accessory structures without primary structure or accessory structures located within easements shall be removed from Parcels 1 and 2 prior to final map approval. 49. A final parcel map must be processed through the City Engineer prior to being filed with the County Recorder. 50. Prior to submitting the tentative parcel map to the City Engineer for examination pursuant to Section 66450 of the Government Code, obtain clearances from all affected Departments and Divisions, including a clearance from the Subdivision Section of the Land Development Division of the Department of Public Works for the following mapping items: mathematical accuracy; survey analysis; and correctness of certificates, signatures, etc. 51. Grant ingress/egress and utility easements to the public over the private and future street on the final map. Citv Enzineer/Superintendent of Streets Land Development Division - Subdivision Section 52. All easements shown on the corrected Tentative Parcel Map, that are found to be in compliance with these conditions by the City and the Rolling Hills Community Association shall be described and provided for in written deeds to the Rolling Hills Community Association. The form and content of the deeds must be approved by the City and the Rolling Hills Community Association prior to recordation. All such deeds of easement shall be recorded prior to the recordation of the final map. Planning 53. A final guarantee shall be required if signatures of record title interests appear on the final map. If said signatures do not appear on the final map, a title report/ guarantee is needed showing all fee owners and interest holders and this account must remain open until the final parcel map is filed with the County Recorder. 54. The subdivider shall enter into an agreement with the City franchise cable TV operator to permit the installation of cable in a common utility trench. 55. A drainage statement/ letter shall be provided to the City Engineer because an offer of a private street or an extension of an existing street has been made. 56. In accordance with Section 21.36.010(c) of the County's Subdivision Ordinance a deposit is required to review documents and plans for final map clearance. Citv Engineer/Superintendent of Streets Land Development Division - Water Ordinance Subunit Fire Department Resolution No. 780 -11- 57. Provide water mains, fire hydrants, and fire flows as required by County Forester and Fire Warden for all land shown on the map .to be recorded. 58. Water mains shall be designed to meet or exceed the total flow requirements determined for domestic flow and fire flow for this development. Required domestic flow shall be calculated by the subdivider°s engineer. Fire flow shall be determined by the Los Angeles County Fire Department as follows: a. The required fire flow for public fire hydrants at this location is 1250 gallons per minute at 20 psi for a duration of 2 hours, over and above maximum daily domestic demand. b. The required on-site fire flow for private on-site hydrants is 1250 gallons per minute at 20 psi. Each private on-site hydrant must be capable of flowing 1250 gallons per minute at 20 psi with any two hydrants flowing simultaneously. C. Install 1 private on-site fire hydrant. d. All hydrants shall measure 6" x 4" x 2-1/2" brass or bronze, conforming to current AWWA standard C503 or approved equal. All hydrants shall be installed a minimum of 25 feet from a structure or protected by a two (2) hour fire wall as per map on file with the Fire Department. a All required fire hydrants shall be installed, tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. 60. The plans and specifications for the water delivery system shall be submitted for approval to the responsible water purveyor prior to final approval of this development by the City Engineer. In all cases where water system facilities have not been installed prior to filing this development with the City Engineer for final approval, the applicant shall submit a Labor and Materials bond in addition to one of the following: 61. A water system with appurtenant facilities to serve all parcels in the land division must be provided. The system shall include fire hydrants of the type and location as determined by the Fire Chief. The water mains shall be sized to accommodate the total domestic and fire flows. 62. A statement from the water purveyor shall be filed with the Water Ordinance Subunit indicating that the water system will be operated by the purveyor and that under normal operating conditions, the system will meet the requirements for the land division, and that water service will be provided to each parcel. Health Department 63. The final map shall locate the existing sewer disposal system and shall not cross proposed lot lines. Public Works Materials EnLyineerinQ Division - Geolozv Review 64. The final map must be approved by the Geology and Soils Section to assure that all geologic factors have been properly evaluated. 65. Specific recommendations will be required from the consultant(s) regarding the suitability for development of Parcel 1, Parcel 2 and Parcel 3. However, in no event shall the geologic mitigation require the grading of more than 40% of any parcel. In the event proper mitigation requires more than 409o' mitigation, then this map shall be brought back for consideration before the Planning Commission and the City Council. 66. The final map shall show the limits of all geologic/ geotechnical corrective grading such as Limits of Buttress, Shear Keys, Overexcavations of Landslide Debris, Back Cuts, etc., to the satisfaction of the City of Rolling Hills. Resolution No. 780 -12- 1 1 1 67. Note on the map, "Geotechnical Note(s). Potential Building Site: For grading and corrective work requirements for access and building area for Lot Nos. 1-3, refer to the Geotechnical Reports by AGI, Dated 9/10/92, 1/14/94, 3/27, 95, 7/14/95, and 8 31 95." 68. The final map shall show the location of the safe access to the lots. 69. The final map shall show the location of the potential building sites on Parcels 1 and 3, in accordance with the geotechnical reports, if an unmitigated hazard exists. 70. The final map shall show the area located below and east of the corrective work on Parcel 1, delineated as a "Restricted Use Area." 71. The final map shall show the location of all the "Restricted Use Areas." 72. The County will require a deposit to review documents and plans for final map clearance in accordance with Section 21.36.010(c) of the County's Subdivision Ordinance. 73. In the event the first final map that is filed for the subdivision does not include all three parcels, a covenant shall be recorded against the original lots that underlie the proposed parcels that are not included in the final map that subjects those original lots to the terms and restrictions of conditions 84 and 85 of this approval relating to the designation and preservation of mature native vegetation (MNV) areas. In addition, in the event the first final map that is filed for the subdivision does not include parcel 1, a covenant shall be recorded against the original lot or lots that underlie that proposed parcel 1 subjecting those lots to the terms and restrictions of condition 86 of this approval relating to the mitigation of mature native vegetation (MNV) areas. The form and content of the covenant shall be reviewed and approved by the City Manager prior to recordation. THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO GRANTING A GRADING PERMIT FOR ROAD RECONSTRUCTION AND EXTENSION OF PHEASANT LANE: Public Works Materials Enzineerine Division - Geoloeic Review 74. A grading plan for the access road grading must be geotechnically approved by the Geology and Soils Sections. This grading plan must be based on a detailed engineering geology report and/or geotechnical engineer and show all recommendations submitted by them. It must also agree with the tentative map and conditions as approved by the City Council. 75. The 4 -foot wide decomposed granite bridle trail proposed for Pheasant Lane shall be swept in a northerly manner to join the existing equestrian trail. 76. The junction of Portuguese Bend Road shall be kept free and clear of all obstacles for 10 feet inward along Pheasant Lane and 100 feet in a northerly and southerly direction along Portuguese Bend Road. Fire Department 77. All required fire hydrants shall be installed, tested and accepted prior to the reconstruction of Pheasant Lane. Vehicular access must be provided and maintained serviceable throughout construction. 78. Install one fire hydrant at the cul-de-sac end of Pheasant Lane. 79. All existing fire hydrants on Pheasant Lane shall be retrofitted to comply with conditions (a) and (b) Fire Department requirements above. Resolution No. 780 -13- 80. All hydrants shall be installed in conformance with Title 20, Los Angeles County Government Code or appropriate City regulations. This shall include minimum six-inch diameter mains. Arrangements to meet these requirements must be made with the water purveyor serving the area. CV=7 THE FOLLOWING CONDITIONS SHALL BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: Planning 81. All previous conditions of this approval shall be complied with to the satisfaction of the City. 82. No building or grading permits shall be issued for construction until Site Plan Review approval has been granted by the Planning Commission for the construction of single family residences on the proposed parcels. 83. A biological assessment for each lot in the subdivision shall be prepared by a City approved qualified biologist prior to commencement of project grading and construction. The biological assessment shall include a description of all significant plant and animal life on the lot along with recommendations for preservation, mitigation or relocation of such resources. The developer shall incur the cost for preparation of the biological assessment and shall comply with mitigation measures recommended in the biological assessment as approved by the City. 84. Applications for Site Plan Review Approval of developments on Parcels 1, 2 or 3 shall show the "mature native vegetation protected areas" (MNV areas) for such parcels as reflected on the Final Map. 85. The removal and disturbance restrictions for the mature native vegetation protected areas (MNV areas) depicted on the Final Map shall be as follows: a. No grading, development, or removal of live mature vegetation in the MNV areas shall be permitted, and no new trail, access road or pathway shall be created in a MNV area. except in connection with the approval of a Site Plan Review application, a Community Association approval for use of an easement, or as required to comply with Fire Department and City regulations regarding brush clearance, as determined in consultation with both entities. In the event removal or thinning of mature natural vegetation is required to comply with Fire Department Regulations, the least invasive technique shall be utilized. b. Prior to the issuance of any grading permit, a biologist or native plant specialist approved by the City shall meet with the general contractor and grading contractor to explain the boundaries of the MNV areas, the boundaries of those MNV areas permitted to be removed by the approved Site Plan, and the restrictions contained in this condition. C. No contractor, operator of a bulldozer or other equipment or other construction worker on the site shall allow equipment, supplies or soil to encroach into a MNV area except as specified on the approved Site Plan. d. No chemicals, including but not limited to fertilizers, pesticides, herbicides, detergents, chlorine or pool chemicals, shall be used, disposed of, or allowed to drain into a MNV area, except fertilizers approved by a City approved biologist. 86. The Site Plan Review Approval for Parcel 1 shall include the following conditions with respect to mitigation for loss of mature native vegetation in MNV areas, unless the City determines at the time of approval of the Site Plan, such measures are no longer necessary or a reasonable alternative method of preserving and mitigating the impacts to mature native vegetation protected areas (as such term is defined in condition 83) is feasible: Resolution No. 780 -14- a. The Site Plan for Parcel 1 shall include the revegetation of up to 1.1 acres of the parcel. This 1.1 acre area, hereinafter referred to as the "mature native vegetation mitigation area" (Mitigation area) shall be located along a north -south band on the downward slope of the parcel and along the parcel's eastern boundary. The exact location of this Mitigation area shall be determined at -_the time of Site Plan approval of Parcel 1. b. The actual size of the Mitigation area shall be based upon acreage of MNV areas that are disturbed, or are planned to be disturbed in connection with the development of Parcels 1, 2 and 3. In the event Parcel 1 is developed prior to Parcel 3, or prior to the redevelopment of Parcel 2, or prior to both, the acreage of required revegetation under this condition shall be based on a "worst case" scenario of the removal of 1.1 acres of mature native vegetation protected area from all three lots combined. Nothing contained in this condition shall limit the authority of the City to require additional areas or greater areas of the parcel to be revegetated with native plants to mitigate additional impacts on Parcel 1 as a further condition of Site Plan Review Approval to mitigate the impacts on Parcel 1. C. The Mitigation area shall be planted with native plants at the following densities, unless otherwise approved by a City approved biologist or native plant specialist at the time the landscape plan for the parcel is prepared: (i) 1 to 2 gallon containers of low, relatively fast growing shrubs planted at approximately five feet (5') on center, including but not limited to Buckwheat, Purple Sage, and California Sagebrush; and (ii) 1 to 10 gallon containers (depending upon availability and condition of the plants) of slower growing shrubs interspersed in an irregular pattern, including but not limited to Lemonade berry, Toyon, and Elderberry. d. A bond in the amount of the cost estimate of one, two, and five year reports by a biologist or native plant specialist AND the cost estimate of the implementation of a revegetation and landscape plan plus 1570, shall be required to be posted prior to issuance of a grading and building permit and shall be retained with the City for not less than five years after landscape installation. The retained bond will be released five years after the initial plantings by the City Manager after the biologist or native plant specialist determines that the native plant revegetation of 1.1 acres in a north - south band at the eastern portion of the parcel and landscaping was installed pursuant to the landscape plan as approved, and that such landscaping is properly established and in good condition. e. Following the initial plantings, a biologist or native plant specialist shall prepare a report for the City of Rolling Hills on the progress of revegetation on the site at intervals of one, two, and five years (i.e., first, second, and fifth year after initial plantings) along with recommended remedial measures. 87. No septic tanks or other similar structures, except boundary fences, shall be constructed within 150 feet of the centerline of the intermittent blue line stream at the eastern portions of Parcels 1, 2, and 3. 88. Pheasant Lane shall be kept open for vehicular access at all times during future grading and construction for each lot of the subdivision. 89. In the event that subsurface material of an archaeological, paleontological or other cultural resource is encountered during project grading or development, all grading and construction shall cease in the immediate area, and the find shall be left untouched until a qualified professional archaeologist or paleontologist, whichever is appropriate, is contacted and called in to evaluate the find and makes recommendations as to disposition, mitigation or salvage. The developer shall incur the cost of such professional investigation. The developer shall comply with the mitigation measures recommended and approved by the City for the disposition, mitigation or salvage of such material. 90. The applicants shall obtain a "will serve" letter from the California Water Service Company stating that domestic water will be supplied to Parcels 1, 2, and 3. Resolution No. 780 -15- 91. If, because of future grading, or for any other reason, it is found that the requirements of the Plumbing Code cannot be met on any of the proposed lots, the Department of Health Services will recommend that no building permit be issued for the construction of homes on such parcels. Health Department 92. A private sewage disposal system shall be designed in compliance with the Los Angeles County Health Codes and Building and Safety Codes. 93. Approval of the method of sewage disposal is contingent upon the approval by the California Regional Water Quality Control Board, Los Angeles Region. _ 94. The size of the dwelling may be limited by the size of the private sewage disposal system that can legally be installed in each lot. City Engineer/ Superintendent of Streets Land Development Division - Drainage and Grading 95. Grading and development plans shall include: a. Methods to eliminate sheet overflow in order to protect the parcels from high velocity scouring action; b. Provision for contributory drainage from adjoining properties; and C. Provision for the proper distribution of drainage beyond the proposed subdivision. 96. The grading plan shall utilize land form or contour grading techniques in its design so as to create slopes that blend with the natural horizontal and vertical contours of the existing terrain and in no case shall cut and fill slopes be steeper than the City of Rolling Hills standard of 2 to 1 slope ratio. 97. The State Department of Fish and Game shall be notified prior to commencement of work within any natural drainage course. Fire Department 98. All proposed residences shall be constructed with an approved automatic sprinkler system. 99. The building pad areas shall be capable of providing parking for excess vehicles. 100. All required fire hydrants shall be installed, tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. 101. Fire department access shall be extended to within 150 feet distance of any portion of structure to be built. 102. Access shall comply with Section 10.207 of the Fire Code which requires all weather access. All weather access may require paving. 103. Where driveways extend further than 300 feet and are of single access design, turnarounds suitable for fire protection equipment use shall be provided and shown on the site plan for the proposed residential structure. Turnarounds shall be designed, constructed and maintained to insure their integrity for Fire Department use. Where topography dictates, turnarounds shall be provided for driveways which extend over 150 feet. Resolution No. 780 -16- 1 104. The private driveways shall be indicated on the final map as "Fire Lane" and shall be maintained in accordance with the Los Angeles County Fire Code. 105. Additional fire protection systems shall be installed in lieu of suitable access and/or fire protection water. Public Works Materials EnQineerine Division - Geologic Review 106. All geologic hazards associated with this proposed development must be eliminated or be delineated as restricted use areas, approved by the consultant geologist, to the satisfaction of the Geology and Soils Section, and dedicate to the City the right to prohibit the erection of buildings or other structures within the restricted use areas. 107. A geology and soils engineering report shall be required prior to approval of building or grading plans. 108. Geology and Soils shall require specific recommendations from the consultant(s) regarding the suitability for development of all parcels (lots) designed essentially as ungraded site parcels (lots) per soils review sheet dated 10/11/95. THE FOLLOWING CONDITIONS SHALL BE COMPLETED IN CONJUNCTION WITH FINAL BUILDING CONSTRUCTION: 109. Repair any broken or damaged pavement on streets within or abutting the subdivision. 110. Postal delivery receptacles shall be located and installed in groups to serve two or more residential units. Fire Department 111. Provide City, Fire Department and Rolling Hills Community Association approved street signs and building address numbers prior to occupancy. 112. Conditions 1 through 35 shall be met prior to the stamping of the tentative map for condition compliance. 113. Conditions 36 through 73 shall be completed prior to or in conjunction with recordation of the final map. 114. Conditions 74 through 80 shall be completed prior to granting a grading permit for road reconstruction and extension of Pheasant Lane. 115. Conditions 81 through 108 shall be completed prior to issuance of building permits. 116. Conditions through 109 through 111 shall be completed in conjunction with final building construction. APPROVED AND ADOPTED ATTEST: i . . MARILY L. k�-, KERN, DEPUTY CITY CLERK Resolution No. 780 -17- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) �� CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 780 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF TENTATIVE PARCEL MAP NO. 21444, SUBDIVISION NO. 86, A REQUEST TO RESUBDIVIDE THREE EXISTING LOTS COMPRISING A TOTAL OF 13.7 ACRES THAT HAVE ONE RESIDENTIAL UNIT INTO THREE NEWLY CONFIGURED SINGLE- FAMILY RESIDENTIAL LOTS FRONTING THE WESTERN SIDE OF PORTUGUESE BEND ROAD IN ZONING CASE NO. 453. was approved and adopted at a regular meeting of the City Council on April 22, 1996 by the following roll call vote: AYES: Councilmembers Heinsheimer, Hill, Pernell, Mayor Pro Tem Lay and Mayor Murdock. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices DEPUTY MY CLERK 1 1 Resolution No. 780 -18-