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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; -2- 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. -3- 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. -4- 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 -5- City Clerk '