11/3/1980I
433
MINUTES OF AN
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF ROLLING HILLS, CALIFORNIA
November 3, 1980
An adjourned meeting of the City Council of the City of Rolling
Hills was called to order at the Administration Building, 2 Portuguese
Bend Road, Rolling Hills, California by Mayor Heinsheimer at 7:30 P.M.
Monday, November 3, 1980.
ROLL CALL
PRESENT: Councilmembers Crocker,
Mayor Heinsheimer
Councilman Rose arrived
ABSENT: None
ALSO PRESENT: Teena Clifton
William Kinley
June Cunningham
James Collis
Douglas MdHattie
.Sherman Silverman
William Willens
William Peters
Pernell, Swanson
at 7:45 P.M.
City Manager
City Attorney
Deputy City Clerk
Subdivider
South Bay Engineering Corp.
Attorney
Attorney
Resident
TRACT 33871, CHACKSFIELD-MERIT HOMES CORP.. 107
Mayor Heinsheimer opened discussion of Tract 33871, adjourned,from
the regular Council meeting on October 27, 1980. -
The City Attorney advised that certain*changes were made in the
Findings of Fact and Formal Report which were distributed to members
of.the Council, and Mr. Kinley reviewed the recommended changes, explain-
ing that the changes were made to conform with the recommendations in
the Planning* Advisor's Report as'amended and approved. 'Mr. Kinley said
co -pies of.the 'documerit were sent to !-!?7 . 17nTli.s. , Mr.. czillens, and llr.
17 10 vbrmdn.
Councilman Crocker moved that the 'Findings of Fact and.Formal
Report dated November 3,,1980 be adopted, that the recommendation of
the Planning Commission dated September 30, 1980 be overruled, and that
Tentative Tract'�No. 33871 be approved by the City Council subject to
conditions contained in the Findings of Fact and Formal Report dated
November.3, 1980, which Councilman Crocker read into the record as follows:
FINDINGS OF FACT AND FORMAL REPORT
In the Matter of the Application of.
Chacksfield-Merit Homes Corporation
Tentative Tract No. 33871
1. Notice of the time and place of the hearing on the above
entitled matter has been given as required by law; .
2. Tentative Tract No. 33871 consists of'approximately twenty
acres of land which is proposed to be subdivided into eight lots, each
of which will have not less than two acres net area, as required by the
Subdivision Ordinance of the City of Rolling Hills;
3. The land comprising said tentative tract is located
westerly of Johns Canyon Road and northerly of Chestnut Lane, and the
southwesterly and westerly boundaries of said land are co -terminus
with the boundaries of the City of Rolling Hills;
4. Said tentative tract is now zoned RAS -2 (Residential, .
Agricultural, Suburban, Two -Acre Minimum Lot Size), and said area was
re -zoned by action of the City Council on August 8, 1977 to its present
zoning, by amendment of the City's Zoning Ordinance;
1 5. The land in said tentative tract is now unimproved and
vacant. Prior to the proposed subdivision the land was used for agri-
cultural purposes subject to the usual agricultural activities in
connection therewith;
434
November 3, 1980
6. The access to the land comprising said tentative tract
is by a private road to be constructed by the Subdivider over'and along
an easement a portion of which extends from the westerly boundary of
the land, said easement having been reserved by the original subdivider
of the land many years prior to the filing of the tentative map herein.
Prior to the time the applicant herein acquired title to said land the
easement referred to above was used to provide ingress and egress for
purposes in connection withtheuse of -said land. The proposed access
designated as "Street All on Exhibit A of tentative tract No. 33871 will
extend along the northerly boundary of the real property of Dorothy
Kuhne who objects to the approval of said tentative tract on the basis
that Street A will cause increased traffic and accompanying noise in
connection therewith, which.is detrimental to her use of her property;
7. The land comprising this tract was originally zoned RAS -1
and while so zoned the subdivider of a tract of land extending along .
the easterly border of the tract (being tract No. 30605), as a condition
of approval of the subdivision, was required to provide an easement from
Johns Canyon Road to the easterly boundary of this tract, which easement
is located northerly of the proposed access road, as shown on Exhibit A.
Said easement was required far the purpose of providing partial ingress -
and egress for approximately twelve to sixteen lots, access to said tract
being provided from both the southerly and northerly ends thereof;
8. Historically the natural and most desireable route of
ingress and egress for said proposed tentative tract is from the south-
erly end thereof as proposed by the Subdivider and as shown on Exhibit A.
By reason of the natural terrain of the property and the slope of the
land, the access road as shown on Exhibit.A will create a more desire -
able and pleasing roadway into the proposed subdivision;
9. There will be constructed on the tentative tract eight
single-family residential dwellings and the increased traffic past the
property of Dorothy Kuhne will not substantially increase the noise leve
or have a substantial or potentially adverse effect on the property of
Dorothy Kuhne, as set forth in the Initial Study and Environmental
Assessment Negative Declaration of the Environmental *Quality Board,
10. Dorothy Kuhne has no objection to the physical division
of the land into eight lots as shown on Exhibit A, but she objects to
the proposed access road to said tract for the reason that said access
road would extend along the northwesterly boundary of the property
which she occupies as a residence, said road being fifty feet from the
wall of her residential dwelling.
11. There are located in the area adjacent to the proposed
access road as shown on Exhibit A, three residential dwellings, one of
which is occupied by objector Dorothy Kuhne. The other two owners are
in favor of the access road as shown on Exhibit A. Johns Canyon Road
extends northerly of the proposed access road into a cul-de-sac which
provides access for seven residential dwellings, the owners of which
are all in favor of said proposed access road as shown on Exhibit A.
The owners of all residential property on both Johns Canyon Road and
the proposed access road designated as Street A are in favor of said
proposed road as shown on Exhibit A and are against the construction
of an access road for said tract at a point northerly of the proposed
road;
12. Declaration of Restrictions No. 150-E covers the land
in tentative frac-t No. 33871 and other lots lying easterly and north-
erly of said tract, and Subdivider cannot secure the written approval
of the owners of such lots for the division of the land if the access
to said tract is over the northerly easement indicated on Exhibit A.
Unless the proposed southerly access route is approved as shown on
Exhibit A, the entire tract will be without ingress and egress from
Johns Canyon Road;
13. The proposed subdivision of tentative tract No. 33871
as shown on Exhibit A is in conformance with the General Plan of the.
City of Rolling Hills and will not unreasonably interfere with the
free and complete exercise of a public entity and/or public utility
rights-of-way and/or easements within the tract;
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November 3, 1980
435
14. The Environmental Quality Board has heretofore caused
a Negative Declaration to be made, which Negative Declaration was
based upon the initial study and the Environmental Impact Assessment
Report prepared by the staff of the Environmental Quality Board, which
Negative Declaration required mitigating measures to be made by the
Subdivider, consisting of the following:
(A) Prior to grading and/or construction, an archeo-
logical survey is to be conducted and a report prepared. The report
shall include mitigation measures, if archeological resources are found.
(B) Water mains of sufficient size to accommodate the
total domestic and fire flow requirements shall be provided by the
Subdivider, as determined by the City Engineer and Fire Chief.
(C) A statement shall be filed with the City of Rolling
Hills by the water purveyor indicating that the new water mains and
any other required facilities will be operated by the purveyor and
under normal operating conditions the system will meet requirements
for the subdivision..
CO(D) The Subdivider will dedicate easements for the
O location of the main sewer lines and separate house laterals to serve
Q each lot in the subdivision.
Q 15. The City Council finds:
(A) That the proposed map of tentative tract No. 33871
is consistent with the applicable General and Specific Plans of the
City of Rolling Hills.
(B) That the design or improvement of the proposed
subdivision is consistent with the applicable general and specific
Plans of the 'City,:of` Rolling Hi-lls-.
(C) That the site and location of tentative tract
No. 33871 is physically suitable for the proposed development.
(D) That the site on which said tentative tract is to
be located is suitable for the proposed density of the subdivision.
(E) That the design of the subdivision will not cause
substantial environmental damage or substantially injure fish or
wildlife or their habitat.
(F) That the design of the subdivision will not cause
serious public health problems.
(G) That the design of the subdivision will not 'Con-
flict with the easements acquired by the public at large for access
through or use of property within the proposed subdivision.
16. The discharge of waste from tentative tract No. 33871
into an existing sewer system will not result in violation of exist-
ing requirements prescribed by the California Regional Water Control
Board pursuant to Division 7 (commencing with Section 1300 of the'
Water Code.)
17. The division or development of the property in the
manner set forth on the map of tentative tract No. 33871 will not
unreasonably inte-rfere with the free and complete exercise of a
public entity or public utility rights-of-way and/or easements within
the tract map.
18. The Subdivider shall comply with the following con -
ditions:
(A) Provide a private street as shown as "Street A"
on Exhibit A, which shall be twenty=two (221) feet in width, commen-
cing at the westerly edge of the easement line of Johns Canyon Road
and continuing westerly, to the easterly boundary of tract No. 33871.'
Increase the width of Street A to thirty feet, from the easterly
boundary, to the terminus of said private street.
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436 November 3, 1980
(B) Show lot lines to the centerline of Street A.
(C) Show bridle trail and utility easements on the
final map of the tract, in accordance with Section 11-2.227 of the
Subdivision Ordinance of the City of Rolling Hills.
(D) Provide underground utilities in accordance with
Section 11-2.224 of said Subdivision Ordinance.
(E) Provide grading and drainage structures to the
satisfaction of the City Road Department.
(F) No more than two lots shall front on the turning
area at the end of any cul-de-sac and the abutting footage of each
lot fronting on such turning area shall be substantially the same
in accordance with Section 11-2.155 of said Subdivision Ordinance.
(G) Because of the terrain and characteristics of the
property to be subdivided, and title limitations, lot width require-
ments required by Section 11-2.154(b) are modified and the proposed
lot widths shown on .said tentative map are approved.
(H). By reason of the rough terrain, contours of the land
and title limitations, the depth requirements .for the lots in the
tract as required by Section 11-2.154(d) of the Subdivision Ordinance
are modified, and the proposed depth requirements shown on said tract
are approved.
(I) Subdivider shall provide improvements on Street A,
a private street, to the satisfaction of the Road Department of the
City of Rolling Hills, in accordance with Sections 11-2.205 and 11-
2.203 of the Subdivision Ordinance.
(J) Subdivider shall provide a radius for the bulb of
the cul-de-sac of no less than thirty two (32') feet.
(K) Subdivider shall provide standard property line
returns in accordance with Section 11-2.165 of said Subdivision
Ordinance.
(L) Subdivider shall provide proof of access to the
tract tothe satisfaction of the City Engineer.
(M) Subdivider shall offer Street A as a private street,
in accordance with Section 11-2.160 of said Subdivision Ordinance.
(N) Subdivider shall improve the entrance angle of
Street A, at'its intersection with Johns Canyon Road, to the satis-
faction of the Road Department of the City of Rolling Hills.
(0) Subdivider shall provide a drainage system as re-
quired and to the satisfaction of the Road Department of the City of
Rolling Hills.
(P) Because of the rough terrain and title limitations,
footage requirements of the lots along the street easement line as
required by Section 11-2.154(a) of said Subdivision Ordinance are
modified, and the lot footages along,the street easement line as shown
on said tentative tract map are approved.
(Q) Subdivider shall offer equestrian trail easements
along the northerly boundary of the tract, to the satisfaction of the
City of Rolling Hills, as shown on said tentative tract map.
(R) Subdivider shall pay his proportionate share of the
cost of improving Johns Canyon Road, from the intersection of the
proposed access road southerly to Crest Road.
19. The recommendation of the Planning Commission dated
September 30, 1980 is not supported by sufficient evidence, and is
overruled.
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November 3, 1980 437
CONCLUSION AND REPORT
1. The recommendation of the Planning Commission dated
September 30, 1980, is overruled.
2. The tentative map of Tract No. 33871 is approved,
subject to the above conditions.
Dated November 3, 1980.
/s/ Thomas F. Heinsheimer
Mayor of the City of Rolling Hills
The motion was seconded by Councilman Rose and carried by the
following roll call vote:
AYES: Councilmembers Crocker, Pernell, Rose, Swanson
Mayor Heinsheimer
NOES_: None
co
c ABSENT: None
0. Mr. Kinley requested that signed and dated copies of the corrected
Q document be sent to Mr. Collis, Mr. Willens, Mr. McHattie and Mr.
Q Silverman.
Q
OTHER BUSINESS TO COME BEFORE THE MEETING 280
Councilwoman Swanson advised Mayor Heinsheimer that she will not
be present at the next meeting on November 10, and she asked that con-
sideration of the Emmanuel David subdivision located at 38 Crest Road
East be held on the agenda until the following meeting to enable her
to participate in the discussion. The Mayor so ordered.
Councilman Pernell said he would not be present at the Council
meeting on November 24, 1980.
ADJOURNMENT 289
There being no further business to come before the Council, Mayor
Heinsheimer adjourned the meeting at 8:20 P.M.
APPROVED:
Mayor
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City Clerk '