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0894RESOLUTION NO. 894 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF TENTATIVE TRACT MAP NO. 52292, SUBDIVISION NO. 89, A REQUEST TO SUBDIVIDE TWO EXISTING LOTS TOTALING 67.64 ACRES INTO 4 SINGLE-FAMILY RESIDENTIAL LOTS LOCATED NORTH OF JOHNS CANYON ROAD AT STORM HILL LANE WHERE THERE IS ONE RESIDENTIAL DEVELOPMENT AT 4 STORM HILL LANE IN ZONING CASE NO. 615. 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 Mr. Walter V. Storm, President, Western Brass Development Corporation, Et al with respect to real property Lots 169 -A -MS & 169 -B- MS, and generally known as 4 Storm Hill Lane, Rolling Hills, requesting approval to subdivide two existing lots totaling 67.64 acres into four (4) single-family lots. The subject property currently has one residential development located north of Johns Canyon Road at 4 Storm Hill Lane. Section 2. The application was received on March 13, 1997 and forwarded for review by the Subdivision Committee of the Los Angeles County Regional Planning Department. The application was received for processing on March 30, 2000. The Planning Commission reviewed the case at subsequent meetings beginning on June 20, 2000, and concluding with a recommendation of approval to the City Council by Resolution No. 2000-20 on September 19, 2000. Section 3. The application applies to Lots 169 -A -MS & 169 -B -MS, which consists of 67.64 acres gross. The two lots are proposed to be divided into four parcels as follows: Parcel 1 will be 8.38 acres gross and 6.46 acres net; Parcel 2 will be 38.04 acres gross and 33.87 acres net; Parcel 3 will be 14.78 acres gross and 11.44 acres net; and Parcel 4 will be 6.44 acres gross and 5.41 acres net and where there is an existing single family residential development. Lots 169- A -MS & 169 -B -MS are within the RA -S-2 zone district (2 -acre minimum zone), and referred to as Assessor's Book, Page, and Parcel No. 7570 - 024 - 003 & 7570 -024 - 012. 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 single-family residential structure at the southwestern portion of the property at 4 Storm Hill Lane that is surrounded by landscaping. The existing residential structure will be located on Parcel 4. 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 2+ acre size lots to the east, south and west within the City of Rolling Hills and single family dwellings on one-half acre lots at the north that are within the adjacent unincorporated Westfield portion of Los Angeles County. The zone designation for the subject site is RA -S-2 and the zone designation on adjacent properties is RA -S-2 within the City of Rolling Hills. Section 5. The City Council conducted a duly noticed public hearing to consider the application on October 9, 2000, October 23, 2000, November 13, 2000, and November 27, 2000 and at a field trip visit on October 17, 2000. During the hearings, the applicants straightened the western property line of Parcel 3 and reduced the driveway slope for that parcel. 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 applicants' representatives were in attendance at the hearings. Section 6. 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 7. The Planning staff prepared an initial study for the project on May 26, 2000. The initial study found that the project would not have a significant effect on the environment if certain 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 RESOLUTION NO. 894 PAGE 1 government agencies. Comments from the U.S. Fish & Wildlife Service, Carlsbad Office, and the California Department of Fish & Game on the_ Negative Declaration were received and made a part of the record. Concerns were expressed regarding future fire protection, noise, views, drainage, trails, wildlife preservation, and restricted areas, in relation to the proposed subdivision. Section 8. 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 9. 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 and City Council of the City of Rolling Hills during the public hearings referenced in Section 2 and 6, 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) by creating a subdivision greater than the minimum lot size that will allow significant portions of the parcels to remain undeveloped thereby preserving sensitive natural habitat and maintaining scenic vistas. 2. Accommodate development which is compatible with and complements existing land uses (Land Use Element, p. 15) by creating a subdivision with lots that are greater than the minimum lot size and allowing significant portions of the parcels to remain undeveloped, preserving the City's equestrian trail system, and preserving significant areas of sensitive natural habitat and scenic vistas. 3. Accommodate development that is sensitive to the natural environment and accounts for environmental hazards (Land Use Element, p. 16) by creating a subdivision with lots that are greater than the minimum lot size, separating existing geological hazard areas, and preserving significant areas of sensitive natural habitat. 4. Provide for housing which meets the needs of existing and future Rolling Hills residents (Housing Element, p. 44) by creating a subdivision that will increase the potential housing units available to satisfy the housing needs of the City's residents. 5. Maintain and enhance the quality of residential neighborhoods in Rolling Hills (Housing Element, p. 44) by extending and improving the existing Storm Hill Lane, maintaining the City's equestrian trail system, and preserving and maintaining large areas of sensitive natural habitat and scenic vistas. 6. Promote housing opportunities for all persons regardless of race, religion, sex, marital status, ancestry, national origin or color (Housing Element, p. 45) by creating a subdivision with lots that will increase the potential housing units available to satisfy the housing needs of the City's residents and the residents of the South Bay Region. 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) by creating a subdivision with lots that are greater than the minimum lot size, isolating existing geological hazard areas on one of the four parcels, and preserving large areas of sensitive natural habitat. B. The site is physically suitable for the proposed density and type of development. The proposed use, density, and proposed subdivision improvements are permitted in the RA- S -2 zone. The RA -S-2 Zone requires that the minimum lot size be 2 acres net. The project has 67.64 acres and creates lots with the following dimensions: Parcel 1 is 6.46 acres net, Parcel 2 is 33.87 acres net, Parcel 3 is 11.44 acres net, and Parcel 4 is 5.41 acres net, all of which exceed the minimum 2 -acre lot size of the RA -S-2 zone. RESOLUTION NO. 894 PAGE 2 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 prop rty is within an area of the City, designated for development and the City's development criteria will insure that any fish, wildlife, or sensitive habitats on the property are adequately protected. Although, the initial study prepared for the project identified the site as containing unique or sensitive environmental qualities and threatened, rare or endangered plant species were identified during review of the project and addressed wildlife habitat will be replaced at a ratio of 4:1. The subdividers have voluntary consented to record a restrictive covenant prohibiting the further subdivision of each of the four parcels created to preserve the natural environment. D. The design of the subdivision or type of improvements is not likely to cause serious public health problems because conditions of approval have been applied to the project to require compliance with applicable codes and ordinances designed to protect public health and safety. 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. The existing roadway easements will be maintained or expanded by this project and adequate access will be provided to each parcel and adjacent parcels. In addition, each parcel created as part of this subdivision will contain perimeter easements providing access for roads, trails, and public utilities. As a condition of approval, these easements will be recorded in deeds prior to approval of the final map. F. The proposed subdivision will not adversely affect the housing needs of the region. In fact, the proposed subdivision will increase the potential housing units available to satisfy the housing needs of the City's residents. 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 is in compliance with the 40% maximum disturbed area requirement contained in Section 17.16.070(B) of the Zoning Ordinance. 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. The subdivision is surrounded by single-family homes and will provide similar lots. 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 Government Code (Subdivision Map Act), the discharge of waste from the proposed subdivision into proposed septic systems will not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board, because the subdivider is required to comply with all Conditions of Approval regarding waste disposal contained in Section 12 of this Resolution. M. Pursuant to the Rolling Hills Municipal Code Section 16.12.155, this Tentative Tract Map is consistent with and does not impact the County of Los Angeles Hazardous Waste Management Plan. The project will not generate any hazardous waste. Section 10. 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 are determined to be warranted because of the size and shape 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 RESOLUTION NO. 894 PAGE 3 1,387 foot long Storm Hill Lane has a grade beginning at Johns Canyon Road that varies from 12% for 674 feet, 15% for 653 feet, and 5% for 60 feet at the hammerhead turn at the terminus of Storm Hill Lane. Based upon the evidence submitted, the Planning Commission finds that the existing topography and road make 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 which would be detrimental to the natural environment and sensitive habitat identified on the property and would require retaining walls exceeding 5 feet in height along portions of Storm Hill Lane. B. Maximum slope. The Rolling Hills Municipal Code Section 16.16.040(D) requires that the depth of any parcel be equal to or greater than the width along the front street easement, with a maximum slope of 29%. All of the parcels are greater than the width along the front street easement, but, areas of Parcels 1, 2, and 3 exceed a slope of 29%. Based upon the evidence submitted, the Planning Commission finds that the existing topography and geology determined the design of the proposed parcels. To reduce the 29% grades, excessive grading would be required that would exceed the 40% limitation of disturbance, disturb sensitive habitat, and require retaining walls that exceed 5 feet. C. Width along Street Easement. The Rolling Hills Municipal Code Section 16.16.040(A) requires that the abutting footage of any lot along the street easement line shall be at least equal to or greater than that depth of the lot divided by two and one-half; provided, that in no event shall such abutting footage be less than one hundred fifty feet. The abutting footage of the street easement line of Parcel 3 along Storm Hill Lane is 55 feet. But, the width of the front of the parcel at that point is 430 feet. Due to the layout of the proposed project, the alteration of the street easement line at that point would not be practicable because it is the terminus of Storm Hill Lane and topographical conditions make it impractical. Section 11. Based upon the foregoing findings, the City Council approves Tentative Tract Map No. 52292, Subdivision No. 89 in Zoning Case No. 615, a request for a four (4) lot subdivision of land (attached hereto as Exhibit A) subject to the modifications to the subdivision ordinance specified in Section 10 and further subject to the conditions contained in Section 12 of this resolution. Section 12. Tentative Tract Map No. 52292, Subdivision No. 89 in Zoning Case No. 615 (attached hereto as Exhibit A) shall be subject to the following conditions: GENERAL CONDITIONS: 1. This Tentative Map shall expire two (2) years from the date of City Council approval. The Tentative Map was approved on and shall expire on the following dates: APPROVAL DATE: November 27, 2000 EXPIRATION DATE: November 27, 2002 This approval shall become null and void if a final map has not been timely filed prior to the expiration date or any extension granted pursuant to Condition No. 2 below in accordance with provisions of the Subdivision Map Act. 2. An extension of time to the expiration date may be granted by or 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 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 November 8, 2000 as modified by the Conditions of Approval. 4. This Tentative Map approval is subject to all applicable requirements of the State of California, the County of Los Angeles, the City of Rolling Hills, any other affected governmental entities, and the requirements of the Rolling Hills Community Association. The duty of inquiry as to such requirements shall be upon the subdivider. 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 subdivision improvement permits are issued for the development. RESOLUTION NO. 894 PAGE 4 1 1 1 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, Storm Hill Lane, including but not limited to the extension of Storm Hill Lane and the proposed hammerhead turnaround area at the terminus of Storm Hill Lane. In the event the location of the roadway extension hammerhead turnaround area built is modified by the Community Association, the tentative map shall be resubmitted to the Rolling Hills Planning Commission for modification approval. 7. In accordance with Chapter 1706 of the California State Statutes of 1990, the subdivider shall pay any required fee, along with the required processing fee, to the City of Rolling Hills and County Clerk for remittance to the State Department of Fish and Game. This approval shall not be valid and effective unless and until the fee(s) have been paid and the Notice of Determination has been filed. 8. The subdivider 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 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. Coordination with utility companies by the subdividcr's engineer during design shall be required in order to ensure that required public improvements are not in conflict with existing 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. 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. THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO THE STAMPING OF THE TENTATIVE MAP FOR CONDITION COMPLIANCE: Planning 14. The Tentative 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 Map shall, at a minimum, show: a. The tract number; RESOLUTION NO. 894 PAGE rJ 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 Title 16 of the Rolling Hills Municipal Code; 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, 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 twelve percent, and to the stable area not greater than twenty-five percent; j. The approximate locations of all areas subject to inundation of stormwater 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 mains within and adjacent to such proposed tract; 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; M. Proposed method of sewage disposal; n. Proposed use of each lot; o. 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 finished grading; p. Proposed balanced cut and fill grading amounts. q. Proposed public areas, if any; Date, north point and scale; S. Number for each proposed lot; t. Statement of existing groundcover; U. Approximate location of each tree within the proposed subdivision area, and an indication as to which trees are to be removed; V. 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; W. A designation by letter or actual name, for purposes of identification, of any street within the proposed subdivision; X. Existing zoning both as to land use and area requirements; RESOLUTION NO. 894 PAGE 6 y. Delineate restricted use areas, approved by the consultant geologist and/or soils engineer, to the satisfaction of the Geology and Soils Sections, and dedicate to the City the right to prohibit the erection of buildings or other structures within the restricted areas. Z. The Final Map shall include the following note, "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 each of the proposed parcels. The Planning Commission may limit finished floor heights, building heights, landscaping heights, and grading to preserve scenic resources for each individual homesite under the discretionary Site Plan Review process. The project shall also be reviewed by the Architectural and Landscape Committees of the Rolling Hills Community Association." aa. The Final Map shall include the following note, "The first developer of Parcels 1, 2, 3, or the redevelopment of Parcel 4, or a combination thereof, shall complete construction of the extension of Storm Hill Lane." ab. The subdivider shall prepare and submit with the Final Map a restrictive covenant between the City and the owner(s) of the four parcels created pursuant to this application prohibiting the further subdivision of the said parcels. The covenant shall comply with all requirements set forth in California Civil Code sections 1460 et seq., shall be recorded contemporaneously with the recording of Final Map No. 52292 creating the four parcels affected, and shall be in a form substantially similar to the form attached to Resolution No. 894 as Exhibit B and incorporated herein by its reference." ac. 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 of the Rolling Hills Municipal Code). 16. Where public sewers are not available, and where private sewage systems will be utilized, the subdivider shall perform percolation tests in accordance with the the City Health Officer and shall submit the results of said percolation tests to the City Engineer subject to review and approval by 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 each lot in the proposed subdivision, and confirming that a building site can be developed on each lot which is free of geological hazard. Said report and the conclusions contained therein shall be approved by the City Engineer, and may be subject to the provisions of Chapter 16.36 of the Rolling Hills Municipal Code. 18. The Tentative Map shall comply with all provisions of the City Subdivisions Code and Zoning Ordinance, including but not limited to the area requirements and subdivision development standards of the RA -S-2 Zone requiring a minimum parcel standard of 2 net acres per lot unless otherwise provided herein. 19. The preliminary Tentative 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 in accordance with the provisions of Sections 17.16.170 and 17.16.200(A) of the Rolling Hills Municipal Code. 20. The subdividers shall submit evidence to the satisfaction of the City Engineer that they are the owners of the property shown on the Tentative Map as proposed for subdivision. 21. The Tentative Map shall show Storm Hill Lane as a private paved street with a right-of-way of 30 feet for 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. 22. The Tentative Map shall include an extension of Storm Hill Lane and accompanying roadway easements along the westerly property line of Parcel 1 and the easterly property line of Parcels 2 and 4. The roadway extension shall culminate in a hammerhead turn on Parcel 2 in accordance with Fire Department regulations. The hammerhead turn shall be shown entirely within the property lines on the property of Parcel RESOLUTION NO. 894 PAGE 7 2. The location and construction of the roadway extension and hammerhead turn shall be as shown on Exhibit A to this Resolution. 23. The Tentative Map shall show the following easements: Parcel 1: 30 -foot wide easement along the southern portion of the parcel along Johns Canyon Road, a 30 -foot wide easement along the western boundary of the parcel along Storm Hill Lane, an up to 60 -foot wide, 200 -foot long easement at the southeast portion of the parcel where there is an existing horse trail, and 25 -foot easements around the remaining perimeters of this parcel. Parcel 2: 30 -foot wide easement along the eastern portion of the parcel along Storm Hill Lane and 25 -foot wide easements around the perimeters of the rest of the parcel. Parcel 3: 25 -foot easements around the perimeters of the parcel with two wider easements, one up to 80 feet wide, 240 -foot long section at the northeast portion of the parcel, and the other up to 55 feet wide, 220 -foot long section at the eastern portion of the parcel where there are existing horse trails. Parcel 4: 30 -foot wide easement along the southern portion of the parcel along Johns Canyon Road, a 30 -foot wide easement along the eastern boundary of the parcel along Storm Hill Lane, and 25 -foot easements around the remaining perimeters of this parcel. 24. The Tentative Map shall show the location of a 4 foot bridle trail on the west side of the extension of Storm Hill Lane to be dedicated to the Community Association in accordance with Condition 32(a) herein. The bridle trail shall be continuous in nature and connect to existing trails within the trails system. 25. The Tentative Map shall show all grades on Storm Hill Lane. 26. The Tentative Map shall show individual driveways that are a minimum of 20 feet wide. 27. Fire Department "Information only" maps showing a "typical section" of Storm Hill Lane, complying with the above conditions shall be submitted to the Fire Department. 28. The map shall show that parcel lines extend to the center of private and future streets. 29. The Tentative Map shall provide a new centerline and hammerhead turn on Parcel 2 on Storm Hill Lane in conformance with these conditions and to the satisfaction of the City Engineer/ Superintendent of Streets. 30. All utility lines, including but not limited to electrical, telephone and cable television, which serve or are proposed to serve the 4 parcels created by this Tentative Map along Storm Hill Lane shall be placed underground. The underground utility lines shall be located within the roadway easement of Storm Hill Lane from Johns Canyon Road at the south to the hammerhead turn on Storm Hill Lane to the north with underground stems leading from Storm Hill Lane to each parcel of this subdivision. There shall be no overhead utility lines across Storm Hill Lane. THE FOLLOWING CONDITIONS SHALL BE COMPLETED PRIOR TO OR IN CONNECTION WITH RECORDATION OF THE FINAL MAP OF ANY PHASE: Plannine City Engineer/ Superintendent of Streets Land Development Division - Road Devartment Fire Department 31. In recognition of subdivider's voluntary consent to restrict each parcel created hereunder from being further subdivided in the future, as evidenced in the letter from subdivider dated August 1, 2000, and expressly incorporated herein by this reference, the subdivider shall prepare and record a restrictive covenant between the City and the owner(s) of the four parcels created pursuant to this application prohibiting the further subdivision of the said parcels. The covenant shall comply with all requirements set forth in California Civil Code sections 1460 et seq., shall be recorded contemporaneously with the recording of RESOLUTION NO. 894 PAGE 8 1 1 Tentative Map No. 52292 creating the four parcels affected, and shall be in a form substantially similar to the form attached hereto as Exhibit B and incorporated herein by its reference. 32. Easements for the construction of the roadway extension and the hammerhead turn shall be recorded against Parcels 1, 2 and 3 and shall include the following: a. The grant of all roadway, access, grading and other necessary easements to the Rolling Hills Community Association and to the subdivider which are required to construct the roadway extension and hammerhead turn as specified in Condition 22 of this Resolution; b. The deposit by the subdivider prior to approval of the Final Map of the dollar amount of a City approved estimate for a bond for the work to construct the improvements specified in Condition 22 of this Resolution; C. The deposit by the subdivider prior to approval of the Final Map of the dollar amount of a City approved estimate for a bond to construct water mains and fire hydrants as specified in Condition No. 59 of this Resolution; d. The deposit by the subdivider prior to approval of the Final Map of the dollar amount of a City approved estimate for a bond for a biological assessment to determine the extent of any damage during the development (or future development) of Storm Hill Lane to the existing Venturan coastal sage scrub, Purple sage scrub and California sagebush scrub and the cost of labor and materials to replace an area of non-native grassland that is four (4) times any damaged area as determined by the biologist to be replanted and maintained with Venturan coastal sage scrub, Purple sage scrub, California sagebush scrub and other drought - tolerant vegetation on Parcel 3. e. Letters shall be provided from all utilities that are to be undergrounded but not limited to electrical, telephone and cable television, which serve or are proposed to serve the 4 parcels created by this Tentative Map assuring that the required undergrounding work has been done or that dollar amounts for bonds to complete the undergrounding work have been paid. f. Completion of construction of the improvements specified in Condition 22, 32, 59, and 80 of this Resolution by the subdivider or by the owner of Parcels 1, 2, 3 or 4, or by a combination thereof, within a reasonable period of time but not later than one year from the date this Tentative Map is approved unless subdivider bonds for said improvements and deposits the dollar amount of a City approved estimate for a bond to construct those improvements; 33. Street improvements on Storm Hill 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 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. 34. Access shall comply with Title 21 (County of Los Angeles Subdivision Code) and Section 902 of the Fire Code which requires all weather access. All weather access may require paving. 35. The subdivider shall reconstruct base and pavement on Storm Hill Lane beginning at the juncture of Johns Canyon Road providing 24 feet of pavement and 4 feet for bridle trail, transitioning to 20 feet in width after the driveway entrances to Parcels 1 and 2, to Parcel 3. Construct inverted shoulder pavement 10 feet (lane -width) with 2" minimum Asphalt Cement (A.C.) over a 6N crushed aggregate base. The 4 foot bridle trail on Storm Hill 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 the road. 36. Prior to the recordation of the final map 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 and proof of the dedication shall be submitted to the satisfaction of the City Engineer. City Engineer/Superintendent of Streets and Development Division RESOLUTION NO. 894 PAGE 9 37. 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 shall 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. 38. All easements required as part of the approval of Tentative Tract Map No. 52292 are tentative and subject to review and approval by the City Engineer to determine the final locations and requirements. 39. Easements shall not be granted or recorded within areas proposed or required to be granted, dedicated, or offered for dedication for public streets, 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 shall be executed by the easement holder prior to the filing of the final map. 40. 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 Rolling Hills Municipal Code and other appropriate ordinances such as the Building Code, Plumbing Code, Grading Ordinance, Mechanical Code, Zoning Ordinance, Undergrounding of Utilities Ordinance, 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. 41. If the relationship of existing sewage disposal components to the new parcel lines creates conditions that do not comply with the Building Code/Plumbing Code/Zoning Ordinance„ these non -complying conditions shall be corrected or the parcel lines relocated prior to the division of land to the satisfaction of the City Engineer. 42. The subdivider shall adjust, relocate, and/or eliminate lot lines, lots, streets, easements, grading, geotechnical protective devices, and/or physical improvements as necessary to comply with ordinances, policies and standards in effect at the date the City determines the application to be complete to the satisfaction of the City Engineer. 43. The final map shall delineate the distances from the proposed parcel lines to all existing buildings which will remain after the division of land. If such distances do not conform to the requirements set forth in Building Code Chapters 5, 18, 19 and 21 or Zoning Ordinance requirements, the proposed parcel lines shall be relocated or the non -complying conditions of the buildings shall be corrected prior to the division of land. 44. All easements existing at the time of final map approval shall be delineated on the approved tentative map and shall include 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 shall be shown on the tentative map in lieu of its location. If all easements have not been accounted for at the time of final recordation, the subdivider shall submit a corrected final map which accurately delineates all existing easements subject to review and approval by the Planning Department and the City Engineer. 45. The following note shall be placed on all tract and parcel maps with parcel sizes of five acres or more: "Further division of this property to parcel sizes below five acres will require standard improvements be completed as a condition of approval. The improvements shall include but are not limited to providing access, installation of water mains, appurtenances and fire hydrants, and conformance to the City of Rolling Hills' development standards." 46. The subdivider shall grant ingress/egress and utility easements to the public over the private and future or future streets. map 47. The subdivider shall delineate proof of access to a public highway on the final 48. The final map shall extend parcel lines to the center of private and future streets. 49. The subdivider shall label driveways and multiple access strips as "Private Driveway and Fire Lane" and delineate on the final map to the satisfaction of the Fire Department. RESOLUTION NO. 894 PAGE 10 50. 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 final map. Turnarounds shall be designed, constructed and maintained to insure their integrity for Fire Department use. Parcel 3 shall provide additional turnaround on the building pad. 51. Lot lines shall be nearly radial or perpendicular to street right of way in the City. 52. Permission is granted to record the final map as a parcel map. 53. The final map shall be processed through the City Engineer prior to being filed with the County Recorder. 54. Prior to submitting the Tentative Map to the City Engineer for examination pursuant to Section 66450 of the Government Code, the subdivider shall obtain clearances from all affected Departments and Divisions, including without limitations a clearance from the Subdivision Mapping 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. 55. A preliminary guarantee shall be provided if signatures of record title interests appear on the final map. A final guarantee will be required. 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 shall remain open until the final parcel map is filed with the County Recorder. 56. 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. 57. 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. 58. 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. City Engineer/Superintendent of Streets Land Development Division - Water Ordinance Subunit Fire Department 59. 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 to the satisfaction of the City 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. One hydrant flowing simultaneously shall be used to achieve the required fire flow. b. One public/private fire hydrant shall be upgraded unless fire flow meets Fire Department requirement. The upgrade shall not be necessary if existing hydrant(s) meet(s) fire flow requirements. An original water availability form shall be submitted to the Los Angeles County Fire Department. C. 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. 60. All required fire hydrants shall be installed, tested and accepted by the Los Angeles County Fire Department or bonded for prior to final map approval. Vehicular access shall be provided and maintained serviceable throughout construction to all required fire hydrants. 61. Fire Department conditions shall be secured by a Covenant and Agreement approved by the County of Los Angeles Fire Department prior to the final map clearance for maintenance of private driveway (Storm Hill Lane). RESOLUTION NO. 894 PAGE 11 62. 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 map by the City Engineer. In all cases where water system facilities have not been installed prior to filing this map with the City Engineer for final approval, the subdivider shall submit a Labor and Materials bond in addition to one of the following: a. An agreement and Faithful Performance bond in the amount approved by the City Engineer to be sufficient to guarantee installation of the improvements; or b. An agreement and evidence satisfactory to the City Engineer showing that the subdivider has entered into a contract with the serving water utility for establishing a security guaranteeing payment for the installation of the improvements. 63. The subdivider shall file with the City Engineer a statement from the water purveyor 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. Public Works, Land Development Division - Subdivision Plan Checking Section Drainage and Grading Unit Geology Soils Enaineerina 64. Portions of the existing property lying in and adjacent to the natural drainage courses are subject to flood hazard and shall be delineated on the final map subject to the approval of the City Engineer. 65. The final map shall be approved for drainage. 66. The final map shall be approved by the Geology and Soils Sections to assure that all geologic factors have been properly evaluated. 67. A grading plan shall be geotechnically approved by the Geology and Soils Sections prior to subdivider constructing the extension of Storm Hill Lane. This grading plan shall be based on a detailed engineering geology report and soils engineering report and show all recommendations submitted by them. The grading plan shall conform to the tentative map and conditions as approved by the Planning Commission. Prior to the approval of the Final Map, the subdivider shall deposit the dollar amount of a City approved estimate for a bond for the grading plan. 68. A geology and/or soils engineering report shall be required prior to approval of building or grading plans. 69. Specific recommendations will be required from the consultant(s) regarding the suitability for development of Parcels 1, 2 and 3. However, in no event shall the geologic mitigation require the grading of more than 40% of any parcel of the subdivision. In the event proper mitigation requires more than 40% mitigation, then this map shall be brought back for consideration before the Planning Commission and the City Council. 70. The final map shall delineate restricted use areas, approved by the consultant geologist and/or soils engineer, to the satisfaction of the Geology and Soils Sections, and the subdivider shall dedicate to the City the right to prohibit the erection of buildings or other structures within the restricted use areas. 71. A deposit shall be required to review documents and plans for final map clearance in accordance with Section 21.36.010 (c) of the County Subdivision Ordinance. THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO GRANTING A GRADING PERMIT FOR ROAD RECONSTRUCTION AND EXTENSION ON STORM HILL LANE: Geology & Soils 72. A grading plan and soils report shall be submitted and approved prior to the reconstruction and extension of Storm Hill Lane. Fire Department RESOLUTION NO. 894 PAGE 12 73. In conjunction with the construction of the extension of Storm Hill Lane, all required fire hydrants shall be installed, tested and accepted by the Los Angeles County Fire Department prior to the reconstruction of Storm Hill Lane. Vehicular access shall be provided and maintained serviceable throughout construction. 74. In conjunction with the construction of the extension of Storm Hill Lane, all existing fire hydrants on Storm Hill Lane shall be retrofitted to comply with Condition 59(a) and (b) Fire Department requirements above. 75. In conjunction with the construction of the extension of Storm Hill Lane, all hydrants shall be installed in conformance with Title 20, Los Angeles County Government Code or appropriate City regulations. This installation shall include minimum six-inch diameter mains. Arrangements to meet these requirements shall be made with the water purveyor serving the area. THE FOLLOWING CONDITIONS SHALL BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: Planning 76. All previous conditions of this approval shall be complied with to the satisfaction of the City. 77. 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 each of the proposed parcels. The Planning Commission may limit finished floor heights, building heights, landscaping heights, and grading to preserve scenic resources for each individual homesite under the discretionary Site Plan Review process. The project shall also be reviewed by the Architectural and Landscape Committees of the Rolling Hills Community Association. 78. 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 and 3 and the western portions of Parcels 2 and 4. 79. A biological assessment for each lot in the subdivision shall be prepared by a City approved qualified biologist prior to commencement of 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 bear the cost for preparation of the biological assessment and shall comply with mitigation measures recommended in the biological assessment as approved by the City. 80. Following the completion of the construction of the extension of Storm Hill Lane, a biological assessment shall take place to determine the extent of any damage to the existing Venturan coastal sage scrub, Purple sage scrub and California sagebush scrub. An area of non-native grassland in an amount 4 times the damaged area as determined by the biologist shall be replanted and maintained with Venturan coastal sage scrub, Purple sage scrub, California sagebush scrub and other drought -tolerant vegetation on Parcel 3. 81. Future individual Site Plan Review approvals by the Planning Commission shall include the following conditions with respect to mitigation for loss of mature native vegetation in protected areas, unless the City determines at the time of approval of a Site Plan that such measures are no longer necessary or a reasonable alternative method of preserving and mitigating the impacts to mature native vegetation protected areas is feasible: A. Any grading shall preserve the existing topography, flora, and natural features to the greatest extent possible. In order to minimize impacts to the hillsides and canyon areas on this property, the building pad and graded slopes shall be designed and developed in a manner that retains and restores native drought -tolerant plant life outside the building pad caused by pad grading and preserves the existing contiguous topography, flora, and natural features of that area to the greatest extent possible. B. To prevent construction equipment from going beyond the limits of any building pad, contractors shall use fencing or other barriers to the greatest extent possible. Contractors RESOLUTION NO. 894 PAGE 13 shall be informed that work on the site shall not encroach into the mature natural vegetation areas except as specified on the approved Site Plan to the greatest extent possible. C. No grading, development, or removal of live mature vegetation in the protected and replanted areas shall be permitted, and no new trail, access road or pathway shall be created in those areas, 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. D. 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 protected areas, the boundaries of those protected areas permitted to be removed by an approved Site Plan, and the restrictions contained in this condition. E. 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 protected area except as specified on an approved Site Plan. F. 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 protected area, except fertilizers approved by a City approved biologist. G. The actual size of the Mitigation area shall be based upon acreage of protected areas that are disturbed in connection with the development of Parcels 1, 2, 3 and 4. 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 3. H. Mitigation areas 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: (1) 1 to 2 gallon containers of low, relatively fast growing shrubs planted at approximately five feet (5) on center, including but not limited to Venturan coastal sage scrub, Purple sage scrub, California sagebush scrub; and (2) 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. 82. A bond in the amount of the cost estimate of a one and two-year report by a biologist or native plant specialist AND the cost estimate of the implementation of a revegetation and landscape plan plus 15%, 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 two years after landscape installation. The retained bond will be released two years after the initial plantings by the City Manager after the biologist or native plant specialist determines that the native plant revegetation on Parcel 3 and landscaping on all 4 parcels was installed pursuant to the landscape plan as approved, and that such landscaping is properly established and in good condition. 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 and two years (i.e., first and second year after initial plantings) along with recommended remedial measures. 83. Storm Hill Lane shall be kept open for vehicular access at all times during future grading and construction for each lot of the subdivision. 84. Prior to the issuance of a grading permit, the applicants shall retain a certified archaeologist to conduct a walking survey of the project area that will be affected by grading and construction activities. The purpose of the survey is to determine the presence or absence of significant archaeological resources that are unique. Should it be determined by the archaeologist that significant unique archaeological resources are present within the project area that will be subject to grading activity, the archaeologist shall be present at the pre - grading conference, shall establish procedures for archaeological resource surveillance, and RESOLUTION NO. 894 PAGE 14 shall establish, in cooperation with the project proponent, procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of the artifacts as appropriate. If additional or unexpected unique archaeological features are discovered, the archaeologist shall report such findings to the project proponent and to the City Manager. If the archaeological resources are found to be significant, the archaeological observer shall determine appropriate action, in cooperation with the applicant, for exploration and/or salvage. 85. The developer shall comply with the mitigation measures recommended and approved by the City for the disposition, mitigation or salvage of such material. These actions, as well as final mitigation and disposition of the resources, shall be subject to the approval of the City Manager. The City Manager's decision shall be final unless an appeal is filed in accordance with Section 17.54 of the Rolling Hills Municipal Code. The developer shall bear the cost of any professional investigation. 86. The subdividers shall obtain a "will serve" letter from the California Water Service Company. Domestic water shall be supplied to the subject property. Health Department 87. Sanitary sewers are not available and the tract shall be dependent upon the use of individual, private sewage disposal systems. 88. 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 shall recommend that no building permit be issued for the construction of homes on such parcels. 89. A private sewage disposal system shall be designed in compliance with the Los Angeles County Health Codes and Building and Safety Codes. 90. The method of sewage disposal shall be reviewed and approved by the California Regional Water Quality Control Board, Los Angeles Region. 91. The size of the dwelling may be limited by the size of the private sewage disposal system that can legally be installed on each lot. .92. The installation and location of private sewage disposal systems shall be contingent on the requirement of the Engineering Geology Division of the Los Angeles County Department of Public Works. City Engineer/ Superintendent of Streets Land Development Division - Drainage and Grading 93. Grading and development plans shall: a. Include methods to eliminate sheet overflow in order to protect the parcels from high velocity scouring action; b. Provide for contributory drainage from adjoining properties; and C. Provide for the proper distribution of drainage beyond the proposed subdivision. 94. 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. 95. The State Department of Fish and Game shall be notified prior to commencement of work within any natural drainage course. Fire Department 96. The subdivider shall provide water mains, fire hydrants, and fire flows as required by County Forester and Fire Warden for each parcel. RESOLUTION NO. 894 PAGE 15 97. Access shall comply with Title 21 (County of Los Angeles Subdivision Code) and Section 902 of the Fire Code which requires all weather access. All weather access may require paving. 98. Fire department access shall be extended to within 150 feet distance of any exterior portion of all structures. 99. 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 final map. Turnarounds shall be designed, constructed and maintained to insure their integrity for Fire Department use. Where topography dictates, turnarounds shall be provided for driveways that extend over 150 feet in length. Parcel 3 shall provide additional turnaround on building pad. 100. Vehicular access shall be provided and maintained serviceable throughout construction to all required fire hydrants. All required fire hydrants shall be installed, tested and accepted prior to construction. 101. The building pad areas shall be capable of providing parking for excess vehicles. 102. Additional fire protection systems shall be installed in lieu of suitable access and/or fire protection water to the satisfaction of the Los Angeles County Fire Department. Materials En2ineeriniz Division - Geologv Review 103. A geology and soils engineering report shall be prepared subject to review and approval by the City Planning Department prior to issuance of building or grading permits. THE FOLLOWING CONDITIONS SHALL BE COMPLETED IN CONJUNCTION WITH FINAL BUILDING CONSTRUCTION: 104. The property owners shall be required to conform with South Coast Air Quality Management District, Los Angeles County and local ordinances and engineering practices during construction by using dust control measures to stabilize the soil from wind erosion and reduce dust generated by construction activities. Said dust control measures shall include at a minimum, the following: Fugitive Dust A. A Comprehensive Fugitive Dust Control Program shall be developed and implemented before commencement of grading activities, subject to review and approval of the City Planning Department and the South Coast Air Quality Management District (SCAQMD). This Plan, at minimum, shall address compliance with SCAQMD Rule 403, including: - Regular site watering - Application of soil stabilizers to inactive graded areas - Covering and/or washing of transport trucks leaving the site - Periodic street cleaning of public roads adjacent to the site. B. A High Wind Response Plan in accordance with Rule 403 of the SCAQMD shall be developed and implemented at times when wind speeds exceed 25 mph to reduce PM10 emissions. The High Wind Response Plan shall be developed and implemented before commencement of grading activities, subject to review and approval of the City Planning Department and the SCAQMD. C. Stockpiles of soil, sand and similar materials shall be stabilized by being enclosed, covered, watered twice daily, or with application of non-toxic soil binders. Construction Equipment Exhaust A. Heavy construction equipment shall be properly tuned and maintained to reduce emissions. Construction equipment shall be fitted with the most modern emission control devices. The construction manager shall monitor compliance with this measure. The project shall be subject to periodic inspections by City Building Inspectors during all construction activities. RESOLUTION NO. 894 PAGE 16 B. The project shall comply with Rule 461, which establishes requirements for vapor control from the transfer of fuel from the fuel truck to vehicles both during construction and subsequent operations. 105. The property owners shall provide sufficient evidence to the satisfaction of the City Engineer to show that the sustained use of proposed private disposal systems are possible without inducing a geologic hazard. 106. An Erosion Control Plan containing the elements set forth is Section 7010 of the 1996 County of Los Angeles Uniform Building Code shall be prepared subject to the review and approval of the City Engineer to minimize erosion and to protect slopes and channels to control stormwater pollution as required by the County of Los Angeles. 107. Prior to the submittal of a final grading plan for the roadway extension to the County of Los Angeles for plan check, a detailed grading and drainage plan with related geology, soils and hydrology reports that conform to the development plan as approved by the City Council shall be submitted to the Rolling Hills Planning Department staff for their review. Cut and fill slopes shall not exceed a steepness of a 2 to 1 slope ratio. 108. The property owners shall be required to conform with County Health Department requirements for the installation and maintenance of septic tanks. 109. During construction, the property owners shall be required to schedule and regulate construction and related traffic noise throughout the day between the hours of 7 AM and 6 PM, Monday through Saturday only, when construction and mechanical equipment noise is permitted so as not to interfere with the quiet residential environment of the City of Rolling Hills. No construction activity shall be permitted on Sundays or nationally recognized holidays. 110. The proposed extension of Storm Hill Lane and the proposed construction of each of the future new driveways shall be reviewed and approved by the City's Traffic Engineer, Traffic Commission, Planning Commission, City Council, and County Fire Department to ensure that adequate emergency access is provided. Roadway widths, slopes, adequate turnaround and turnout areas proposed for the road extension, and the individual driveway aprons shall be among the access standards examined. 111. During construction, the property owners shall be required to schedule and regulate truck traffic with construction related traffic throughout the day between the hours of 7 AM and 6 PM Monday through Saturday only so as not to interfere with the normal flow of traffic within the City of Rolling Hills. 112. The property owners shall be required to conform with the Regional Water Quality Control Board and County Health Department requirements for the installation and maintenance of septic tanks unless it is feasible to connect to the nearby County sanitary sewer system. 113. The property owners shall be required to conform with the Regional Water Quality Control Board and County Health Department requirements for the installation and maintenance of stormwater drainage facilities. 114. The property owners shall be required to conform with the Regional Water Quality Control Board and County Public Works Department Best Management Practices (BMP's) related to solid waste. 115. The property owners shall repair any broken or damaged pavement on streets within or abutting the subdivision. Fire Department 116. The property owners shall provide City, Fire Department and Rolling Hills Community Association approved street signs and building address numbers prior to occupancy. 117. Conditions 1 through 30 shall be met prior to the stamping of the tentative map for condition compliance. RESOLUTION NO. 894 PAGE 17 118. Conditions 31 through 71 shall be completed prior to or in conjunction with recordation of the final map of any phase. 119. Conditions 72 through 75 shall be completed prior to granting a grading permit for road reconstruction and extension of Storm Hill Lane. 120. Conditions 76 through 103 shall be completed prior to issuance of building permits. 123. Conditions 104 through 116 shall be completed in conjunction with final building construction. APPROVED AND ADOPTED THIS 27TH DAY OF NOVEMBER, M fGODAEY PERNELL� D.D.S., MAYOR ATTEST: . )� . aA,,J MARILYN L. KERN, DEPUTY CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) �� CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 894 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF TENTATIVE TRACT MAP NO. 52292, SUBDIVISION NO. 89, A REQUEST TO SUBDIVIDE TWO EXISTING LOTS TOTALING 67.64 ACRES INTO 4 SINGLE-FAMILY RESIDENTIAL LOTS LOCATED NORTH OF JOHNS CANYON ROAD AT STORM HILL LANE WHERE THERE IS ONE RESIDENTIAL DEVELOPMENT AT 4 STORM HILL LANE IN ZONING CASE NO. 615. was approved and adopted at a regular meeting of the City Council on November 27, 2000 by the following roll call vote: AYES: Councilmembers Hill, Lay, Mayor Pro Tem Murdock and Mayor Pernell. NOES: None. ABSENT: None. ABSTAIN: Councilmember Heinsheimer. and in compliance with the laws of California was posted at the following: Administrative Offices fbEPUTY CITY CLERK RESOLUTION NO. 894 PAGE 18 1 1 1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Rolling Hills Planning Department 2 Portuguese Bend Road Rolling Hills, California 90274 NO RECORDING FEE PURSANT TO GOVERNMENT CODE SECTION 27383 EXHIBIT B Exempt from recording fees pursuant to Government Codei6103. RESTRICTIVE COVENANT This Restrictive Covenant (this Covenant) is made and entered into as of this day of September, 2000, by Western Brass Development Corporation ( Owner) in favor of the City of Rolling Hills, California, a municipal corporation ( City). RECITALS A. Owner is the owner of that certain real property located at and commonly known as 4 Storm Hill Lane, Rolling Hills, California 90274, which real property is identified by Los Angeles County Assessors Parcel Numbers 7570-024-003 and 7570-024-012 and further and legally described on Exhibit A attached hereto and incorporated herein by this reference (the Property ). B. Owner desires to subdivide the existing two (2) parcels to create four (4) single- family lots and has submitted the appropriate application with the City in accordance with the provisions of the Subdivision Map Act (Government Code Section 66410 et seq.) and the Rolling Hills Municipal Code. C. The City is a unique community situated astride the San Pedro Hills of the Palos Verdes Peninsula. The City maintains a distinctive rural residential character and is comprised entirely of single-family 'residences located on large parcels of land. The Property is located in a particularly sensitive canyon, and development on the Property is currently limited to one single- family residence. In connection with the proposed subdivision, Owner desires to prohibit further subdivision of the four newly -created parcels to preserve the natural beauty of the canyon and the rural character of the neighborhood and the City as a whole. COVENANT NOW, THEREFORE, in consideration of performance by Owner of the covenants and conditions herein contained, the parties do hereby agree as follows: 1. Compliance. Owner hereby covenants and agrees, on behalf of itself and on behalf of its heirs, successors, administrators, and assigns, that the subdivision permitted pursuant to the approval of Tentative Tract Map No. 52292 and Subdivision No. 89 to subdivide the Property into four single-family residential lots shall be completed in compliance with all the conditions of approval of P.C. Resolution No. 2000-20, attached hereto as Exhibit B and incorporated herein by RESOLUTION NO. 894 PAGE 19 11I EXHIBIT B this reference. Owner further covenants and agrees, on behalf of itself and on behalf of its heirs, administrators, successors, and assigns, that that the Property shall not be further subdivided unless City and Owner mutually agree in writing to rescind this Covenant. 2. Future Approval Required. Owner hereby covenants and agrees that any future proposal to further subdivide any of the four parcels created pursuant to Tentative Tract Map No. 52292 and Subdivision No. 89 shall require (i) the approval of a new tract or parcel map and a subdivision application and (ii) shall require written consent from the City and the then owners of the other three parcels to rescind this Covenant. 3. Covenants Run with Land. This Covenant shall constitute a servitude against the Property and a covenant which runs with the land, 'and the terms of this Covenant shall be binding upon and inure to the benefit of, as the case may require, the respective heirs, successors in interest, and assigns of the parties hereto. I 4. Recordation. This covenant shall be duly recorded in the Official Records of the Los Angeles County Recorder at the time, contemporaneously with the recording of Tentative tract Map No. 14759, and proof of such recordation shall be submitted to City. 5. Breach. If Owner shall in any manner violate the terms of this Covenant, City shall have all remedies available to it at law or in equity. 6. Successors and Assiqns. This Covenant and each and every term, condition, restriction, and exhibit contained herein is intended for the benefit of the Property and the public and constitutes an enforceable covenant pursuant to the provisions of the California Government Code Sections 65915 and 65915.5, and shall bind Owner, its successors, administrators, heirs and assigns, and each and all of them, and shall and is intended to run with the land, and shall be a burden upon the Property. 7. Waiver. The waiver by City of any breach by Owner of any term, covenant, restriction or condition herein contained shall not be deemed to be a waiver of such term, covenant, restriction or condition or any subsequent breach of the same or any other term, covenant, restriction or condition herein contained. 8. Attornevs Fees. In any action brought to declare the rights granted herein or to enforce or to interpret any of the terms of this Covenant, the prevailing party shall be entitled to recover from the losing party all of the prevailing party s. costs of suit, including but not limited to an award of reasonable attorney's fees in an amount determined by the court. I 9. Entire Agreement. This Covenant constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes all prior representations, negotiations, inducements, promises or agreements, whether oral or written. 10. Amendment. This Covenant may be amended or modified only by a written instrument executed and acknowledged by both City and Owner, or their respective successors in interest, and recorded in the Official Records of the Los Angeles County Recorder s Office. 11. Captions. The captions used in this Covenant are solely for reference and the convenience of the parties. Said captions do not constitute a part of this Covenant and in no way bind, emit, describe, amplify or limit the meaning of the provisions of this Covenant. 12. Severability.. Any provision of this Covenant found by a court of competent jurisdiction to be invalid or unenforceable for any reason shall be severed from the Covenant and shall in no way affect the enforceability or validity of any of the other covenants, conditions or RESOLUTION NO. 894 PAGE 20 EXHIBIT B restrictions or provisions hereof, or the application thereof to any other person or entity, and the same shall remain in full force and effect. 13. Time is of the Essence. Time is of the essence in the performance of each and every provision of this Covenant. 14. Governinq Law. This Covenant shall be governed by and construed in accordance with the laws of the State of California. 15. Notices. Any notices required or authorized by this Covenant shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, return receipt requested, to the addresses set forth in this Covenant, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. All notices to City shall be addressed as follows: City of Rolling Hills, Planning Department, 2 Portuguese Bend Road, Rolling Hills, California, 90274. All notices to Owner shall be addressed as follows: [fill in appropriate information]. 16. Lienholder Protection. No breach or violation of the provisions of this Covenant shall defeat or render invalid the lien of any mortgage, deed of trust or similar instrument securing a loan made in good faith and for value with respect to the Property. The provisions of this Covenant shall otherwise bind and benefit the subsequent owners of the Property whose title is acquired by judicial or non -judicial foreclosure, deed in lieu of foreclosure, or otherwise; provided, however, that any such subsequent owner shall have a reasonable time, not to exceed thirty (30) days after written receipt of notice of violation, to cure any violation under this Covenant that is reasonably capable of being cured. 17. Condition of Tentative Tract Map No. 14759. Compliance with this Covenant is, and shall remain, a condition of City s approval of Tentative Tract Map No. 14759. 18. Consent of Citv. Neither City's execution of this Covenant nor any consent or approval given by City pursuant to this Covenant shall waive, abridge, impair or otherwise affect, . City's powers and duties as a governmental body. Any requirements of this Covenant that Owner obtain consents or approvals of City are in addition to and not in lieu of any requirements of law that Owner obtain approvals or permits. IN WITNESS WHEREOF, the parties hereto have entered into this Covenant as of the day and year first -above written. RESOLUTION NO. 894 PAGE 21 City CITY OF ROLLING HILLS Owner WESTERN BRASS DEVELOPMENT CORP. By: Crag Nealis By: Walter V. Storm City Manager President City of Rolling Hills Western Brass Development Corporation Approved as to form: RICHARDS, WATSON & GERSHON, A Professional Corporation By: By: [Name] City Attorney [Title] Western Brass Development Corporation j RESOLUTION NO. 894 EXHIBIT B ACKNOWLEDGMENT (Civil Code/1189) State of California ) County of Los Angeles ) On before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized city(ies) and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the on(s) acted, executed the instrument. Witness by hand and official seal. Signature of Notary State of California ) County of Los Angeles) On before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness by hand and official seal. Signature of Notary Sf California mt) y of Los Angeles ) On before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. RESOLUTION NO. 894 1 Witness by hand and official seal. Signature of Notary EXHIBIT B EXHIBIT A REAL PROPERTY IN THE CITY OF ROLLING HILLS, COUNTY OF LOS ANGELES DESCRIBED AS: [TO BE PROVIDED] E (APN: 7570-024-003 AND 7570-024-012] RESOLUTION NO. 894 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY THAT THE INTEREST IN REAL PROPERTY CONVEYED BY THE WITHIN DEED OR GRANT TO THE CITY OF ROLLING HILLS, A POLITICAL CORPORATION AND/OR GOVERNMENTAL AGENCY, IS HEREBY ACCEPTED, AS AUTHORIZED BY ORDER OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ON I AND T H E GRANTEE CONSENTS TO THE RECORDATION THEREOF BY ITS DULY AUTHORIZED OFFICER. CITY OF ROLLING HILLS BY: C RESOLUTION NO. 894 11 CITY CLERK