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0912RESOLUTION NO. 912 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS APPROVING MODIFICATION TO TENTATIVE PARCEL MAP NO. 21486, SUBDIVISION NO. 84, INVOLVING A PREVIOUSLY APPROVED SUBDIVISION OF A 6.07 ACRE LOT INTO TWO SINGLE-FAMILY RESIDENTIAL LOTS IN ZONING CASE NOS. 450 AND 647. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. A. An application was duly filed by Dr. and Mrs. Ramon Cukingnan with respect to real property at Lot 81-RH, and currently known as 16 Pine Tree Lane, Rolling Hills, requesting to modify certain conditions of approval of Tentative Parcel Map No. 21486 relating to roadway improvements, easement and trail requirements and cost deposit for roadway improvements. B. The City Council approved Tentative Parcel Map No. 21486 by Resolution No. 733 on March 28, 1994 and extended the map for two years by Resolution No. 779 in March 1996. On February 8, 1998, by Resolution No. 833, the Council approved an extension of time to March 28, 2002, which includes a one (1) year automatic extension pursuant to Government Code Section 66452.13 and a five (5) year discretionary extension pursuant to Government Code Section 66463.5(c) from the original expiration date of March 28,1994. C. In August 1999, the applicant submitted a request to amend certain provisions of the Resolution of approval, specifically to reduce to 18 feet the width of the roadway extension of Pine Tree Lane along the southerly property line of the subdivision, (originally required 20 feet in width), and to eliminate the requirement for a four -foot bridle trail. After considerable review of the proposed modification, it was determined that the request could be considered a minor modification and was, therefore, approved administratively by the City Manager. A similar request was approved earlier that year by the City Council for the adjacent subdivision to the south of subject property. D. The conditions of approval now proposed for modification relate to the required cul-de-sac easement improvements, roadway improvements and to cost deposit requirement for the roadway improvements. Specifically, the applicants have requested modification of conditions No. 21, 22, 23, 30 and 32 of Resolution No. 733. Condition No. 21 requires that the applicant provide a ten -foot perimeter easement along the cul-de- sac bulb; condition No. 22 requires that the applicant provide a four -foot bridle path along Pine Tree Lane; condition No. 23 requires that the applicant show on the tentative parcel map a ten -foot easement along the cul-de-sac and other perimeter easements; condition No. 30 requires that the applicant enter into an agreement with the adjacent property owner for the purpose of constructing the road and lists the minimum terms of this agreement; and condition No. 32 requires that the applicant reconstruct the entire length of Pine Tree Lane to 20 feet in width with an additional four foot decomposed granite pathway. Section 2. The Planning Commission considered this item at a duly noticed public hearing on February 26, 2002, and approved Resolution No. 2002-05 recommending that the City Council approve modifications to the previously approved subdivision. The applicants were notified of the hearing in writing by first class mail. The applicants and the applicants' representatives were in attendance at the hearing. Evidence was heard from members of the City staff, the applicant's representatives, and all persons interested in affecting the proposal. The Planning Commission reviewed, analyzed and studied the project. Section 3. The City Council considered this item at a duly noticed public hearing on March 25, 2002. The applicants were notified of the hearing in writing by first class mail. The applicants and the applicants' representatives were in attendance at the hearing. Evidence was heard from members of the City staff, the applicant's representatives, and all persons interested in affecting the proposal. The City Council reviewed, analyzed and studied the project. Section 4. Pursuant to Section 16.12.150 of the Rolling Hills Municipal Code, a tentative map shall be rejected under certain conditions. Based upon substantial evidence presented to the City Council regarding the proposed modifications during the public hearing referenced in Section 3, including public testimony and written and oral staff report, the City Council finds as follows: Resolution No. 912 -1- A. The Tentative Parcel Map as modified will continue to meet all Tentative Map findings. The proposed subdivision map and the design and improvement of the proposed subdivision as modified is consistent with the applicable General Plan, including but not limited to, the following goals and policies of the General Plan: 1. Maintain Rolling Hills' distinctive rural residential character. (Land Use Element, p. 15.) 2. Accommodate development, which is compatible with and complements existing land uses. (Land Use Element, p. 15.) 3. Accommodate development that is sensitive to the natural environment and accounts for environmental hazards. (Land Use Element, p. 16.) 4. Provide for housing which meets the needs of existing and future Rolling Hills residents. (Housing Element, p. 46) 5. Maintain and enhance the quality of residential neighborhoods in Rolling Hills. (Housing Element, p. 46) 6. Promote housing opportunities for all persons regardless of race, religion, sex, marital status, ancestry, national origin or color. (Housing Element, p. 47.) 7. Conserve and enhance the City's natural resources, facilitating development in a manner, which reflects the characteristics, sensitivities and constraints of these resources. (Open Space and Conservation Element, p. 15.) B. The site is physically suitable for the proposed density and type of development. The proposed use, density, and proposed subdivision improvements as modified are permitted in the RA -S-2 zone. Parcel 1 is 2.32 acres net and Parcel l is 2.84 acres net and the proposed lots exceed the minimum 2 -acre net lot size of the RA -S-2 zone of the City of Rolling Hills Zoning Ordinance. C. The design of the subdivision and proposed modifications are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, because the property is within an area of the City, designated for development. The initial study prepared for the project did not identify the site as containing unique or sensitive environmental qualities and no threatened rare or endangered plant or animal species were identified during review of the project. D. The design of the subdivision or type of improvements as modified are not likely to cause serious public health problems because conditions of approval have been applied to the project to require compliance with applicable codes and ordinances designed to protect public health and safety. E. The design of the subdivision or type of improvements as modified will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. This is because existing roadway easements will be maintained or expanded by this project and adequate access will be provided to these parcels and adjacent parcels. In addition, the parcels will contain perimeter easements providing access for roads, trails, and public utilities. As a condition of approval, these easements will be recorded in deeds prior to approval of the final map. F. The proposed subdivision as modified will not adversely affect the housing needs of the region. G. The proposed use as modified will be in substantial compliance with the provisions of the Residential Development Standards in the Rolling Hills Zoning Ordinance. H. The proposed use as modified will be compatible with other existing residential development in the immediate area. I. The tentative map design as modified provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible because the project is designed with lots of adequate dimensions to maximize the opportunities for passive and natural heating and cooling. Resolution No. 912 -2- J. The tentative map as modified does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, because the property in question has not been included in any such contract. K. Pursuant to Section 66474.6 of the Subdivision Map Act, the discharge of waste from the proposed subdivision as modified into proposed septic systems will not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board, because the applicant is required to comply with all Conditions of Approval regarding waste disposal contained in Section 12, paragraphs 80, 81 and 82 of Resolution No. 733. L. Pursuant to the Rolling Hills Municipal Code Section 16.12.155, this Tentative Parcel Map as modified is consistent with, and does not impact, the County of Los Angeles Hazardous Waste Management Plan. Section 5. Based upon the information and evidence submitted and the findings specified in Section 4, the City Council approves the following modifications to Tentative Parcel Map No. 21486, approved by City Council Resolution No. 733, dated March 28,1994. A. Paragraph 21 of Section 12 of Resolution No. 733 is amended as follows: "The Pine Tree Lane extension shall culminate in a cul-de-sac bulb and shall have a 32 - foot paved radius and an 8 -foot perimeter easement. The cul-de-sac bulb shall be located on the property at 16 Pine Tree Lane. Provide the cul-de-sac street along the southerly boundary as a private street with right-of-way of 30 feet from the centerline to the City's satisfaction and comply with all provisions of Section 16.16.080 of the City of Rolling Hills Subdivision Ordinance. The bulb of the cul-de-sac street shall be shown entirely within the property lines on Parcel 1 and Parcel 2 of Parcel Map 21486 in conformance with Section 16.16.050 of the City' Subdivision Ordinance." B. Paragraph 22 of Section 12 of Resolution No. 733 is amended as follows: Delete in its entirety. C. Paragraph 23 of Section 12 of Resolution No. 733 is amended as follows: "The Tentative Parcel Map shall show 30 foot street easements along Pine Tree Lane, eight (8) foot street easements around the cul-de-sac bulb on Parcel 1 and Parcel 2, and a 25 foot easements at the remaining perimeters of each parcel." D. Paragraph 30 of Section 12 of Resolution No. 733 is amended as follows: Delete in its entirety. E. Paragraph 32 of Section 12 of Resolution No. 733 is amended as follows: Delete in its entirety. Section 6. All other provisions of Resolution No. 733, Resolution No. 779, Resolution No. 833, and Tentative Parcel Map No. 21486 shall continue to be in full force and effect. PASSED, APPROVED AND ADOPTED THIS 25TH DAY OF MARCH 2002. ATTEST: _ K MARILYN KERN, DEPUTY CITY CLERK Resolution No. 912 -3- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §� CITY OF ROLLING HILLS) I certify that the foregoing Resolution No. 912 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS APPROVING MODIFICATION TO TENTATIVE PARCEL MAP NO. 21486, SUBDIVISION NO. 84, INVOLVING A PREVIOUSLY APPROVED SUBDIVISION OF A 6.07 ACRE LOT INTO TWO SINGLE-FAMILY RESIDENTIAL LOTS IN ZONING CASE NO. 450 AND 647. was approved and adopted at a regular meeting of the City Council on March 25, 2002 by the following roll call vote: AYES: 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. MARILYN KERN, DEPUTY CITY CLERK 1 1 Resolution No. 912 -4-