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689, Modified Previous Reso 971, Resolutions & Approval ConditionsRESOLUTION NO. 997 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS APPROVING A MODIFICATION TO CITY COUNCIL RESOLUTION NO. 971 AND APPROVING AN EXTENSION TO A PREVIOUSLY APPROVED SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW RESIDENCE TO REPLACE AN EXISTING RESIDENCE AND A VARIANCE TO EXCEED THE MAXIMUM PERMITTED DISTURBED NET LOT AREA IN ZONING CASE NO. 689 AT 12 SOUTHFIELD DRIVE, (LOT 35-SF) (PATEL). THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. A request has been filed by Mr. Mahesh Patel with respect to real property located at 12 Southfield Drive (Lot 35-SF), Rolling Hills, requesting a two-year time extension to a previously approved Site Plan Review and Variance for the construction of a new residence and to exceed the maximum permitted disturbed area of the lot. Section 2. The City Council considered this item at a meeting on October 10, 2005 at which time information was presented indicating that the extension of time is necessary in order to commence the project. Section 3. Based upon information and evidence submitted, the City Council does hereby amend Paragraph A, Section 12 of Resolution No. 971 dated November 22, 2004, to read as follows: " A. The Site Plan Review and the Variance approvals are extended for two years and therefore, shall expire within three years from the effective date of approval if construction pursuant to these approvals has not commenced within that time period of time, as required by Sections 17.46.080(A) and 17.38.070(A) of the Rolling Hills Municipal Code." Section 4. Except as herein amended, the provisions of Resolution No. 971 shall continue to be in full force and effect. I PASSED, APPROVED AND ADOPTED THS,10t1 DAY OF.00TOBER, 2005. i, ) , / — GbDFREY PERNELL, MAYOR A 1'1EST: mltiti.t � , k.;A. MARILYN KERN, DEPUTY CITY CLERK Resolution No. 997 -1- STATE OF CALIF:A COUNTY OF LOS AIJGELES ) §§ CITY OF ROLLING HILLS) ) I certify that the foregoing Resolution No. 997 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS APPROVING A MODIFICATION TO CITY COUNCIL RESOLUTION NO. 971 AND APPROVING AN EXTENSION TO A PREVIOUSLY APPROVED SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW RESIDENCE TO REPLACE AN EXISTING RESIDENCE AND A VARIANCE TO EXCEED THE MAXIMUM PERMITTED DISTURBED NET LOT AREA IN ZONING CASE NO. 689 AT 12 SOUTHFIELD DRIVE, (LOT 35-SF) (PATEL). was approved and adopted at a regular meeting of the City Council on October 10, 2005, by the following roll call vote: AYES: Councilmembers Black, Heinsheimer, Hill, Mayor Pro Tem Lay and Mayor Pernell. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices , C'}_.,1'.j'.J DEPUTY CITY CLERK - Resolution No. 997 -2- TITLE(S) : As • J7� This page is part of your document- DO NOT DISCARD FEE FEE $5,00 1 C=20 CODE 20 CODE 19 'CODE 9 04 3107923 RECORDED/FILED IN OI=FICIAL RECORDS RECORDER'S:O FICA LOSANGELES COUNTY CAUFORNIA 9:21 AM DEC • 1 2004 LEAD SHEET D.T.T Assessor's Identification Number (AIN) To be completed by Examiner OR Title Company in black ink. , Number of AIN's Shown THIS FORM NOT TO BE DUPLICATED RECORDING REQUEST BY • • WHEN RECORDED MAIL TO ,IAME G' I Tq v4 0- LL I AC-, -1 t Li - AAILING 2 PcDR<<-'�-r&ESE. RED QD. \DRESS ;ITY,STATE 412-01-1-IN)c' " (-Le") C a ?IP CODE 9 o 2-'7 GI-- TITLE(S) 04 3107923 SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE A C-'r- toAjl► r o r A cCcP -CAOc • • RECORDING REQUESTED BY AND MAIL TO 4 CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 (310) 377-7288 FAX The Registrar -Recorder's Office requires that the form be notarized before recordation. T Recorders Use Only AFFIDAVIT OF ACCEPTANCE FORM 04 3197923 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS §§ ZONING CASE NO. 689 SITE PLAN REVIEW X X VARIANCE X X CONDITIONAL USE PERMIT LOT LINE ADJUSTMENT I (We) the undersigned state: I am (We are) the owner(s) of the real property described as follows: 12 SOUTHFIELD DRIVE, ROLLING HILLS, (LOT 35-SF) CA 90274 This property is the subject of the above numbered case and conditions of approval I am (We are) aware of, and accept, all the stated conditions in said ZONING CASE NO. 689 SITE PLAN REVIEW XX VARIANCE XX CONDITIONAL USE PERMIT LOT LINE ADJUSTMENT I (We) ify (or de are) under the penalty of perjury that the foregoing is true and correct. Signature Signature MAN ESN f 7 ` -- L Name typed or printed Name typed or printed s��u.-7-//J LJ) DA- Address L�� , LLS C, 9o2) Address City/State City/State Signatures must be acknowledged by a notary public. State of Califomia County of Los Angeles ) On /7_30- 04 before me,DJc)C-1 A }-i N t—tAT i le3 0T&(-Y 1'U13LIG personally appeared MA P AA i G (— 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 erson(s).acted, executed the instrument. DOUGLAS K. MC NAME Cottttnbrion • 1295324 Ivot slxn y Public -Canonic t MyCm.t5viresFeb2 2035 Witness -by hand and official seal. - c -7Zr V Signature of Notary SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF • RESOLUTION NO. 971 y h • Emter k A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW RESIDENCE TO REPLACE AN EXISTING RESIDENCE AND A VARIANCE TO EXCEED THE MAXIMUM PERMITTED DISTURBED NET LOT AREA IN ZONING CASE NO. 689 AT 12 SOUTHFIELD 04 3107923 DRIVE, (LOT 35-SF) (PATEL). 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. and Mrs. Mahesh Patel with respect to real property located at 12 Southfield Drive, (Lot 35-SF), Rolling Hills, CA requesting a Site Plan Review to permit grading and construction of a new 5,080 square foot single family residence, 748 square foot garage and a 450 square foot future stable. A 3,480 square foot basement is also proposed. The existing 820 square foot swimming pool, 63 square foot spa and service yard will remain on the site. Section 2. The Planning Commission conducted duly noticed public hearings to consider the application on June 15, July 20, 2004 and at a field trip visit on June 15, 2004. At the July meeting the applicants requested time to revise their proposal. Additional public hearing to consider the revised plan was held on August 17, 2004 and at a second field trip on September 14, 2004. The applicants and their representatives were in attendance at the hearings. The Planning Commission approved the project by a 4-1 vote. Section 3. At the September 27, 2004 City Council meeting the Council took jurisdiction of Zoning Case No. 689. Section 4. The City Council conducted duly noticed public hearings to consider the application on October 25, 2004, November 22, 2004 and at a field trip on November 3, 2004. The applicants were notified of the public hearing in writing by first class mail and were in attendance. Evidence was heard and presented from all persons interested in affecting said proposal, and from members of the City staff and the City Council having reviewed, analyzed and studied said proposal. Section 5. During the public hearing process and at the field trip, members of the City Council expressed concerns about the size of the project, grading quantity, necessity for walls and disturbed area. At the November 22, 2004 public hearing the applicant submitted revised site plan based on Councilmembers comments. Section 6. The property is zoned RAS-1 and is 1.21 acres (gross) in size and 0.87 acres net. The existing residence will be demolished. The existing driveway will remain. Section 7. The City Council finds that the project qualifies as a Class 3 Exemption (The State of CA Guidelines, Section 15303) and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 8. Section 17.46.030 requires a development plan to be submitted for site plan review and approval before any grading requiring a grading permit or any building or structure may be constructed or any expansion, addition, alteration or repair to existing buildings may be made which involve changes to grading or an increase to the size 'of the building or structure by at least 1,000 square feet and has the effect of increasing the size of the building by more than twenty-five percent (25%) in any thirty-six (36) month period. With respect to the Site Plan Review application requesting construction of the new house, the Planning Commission makes the following findings of fact: A. The proposed development is compatible with the General Plan, the Zoning Ordinance and surrounding uses because the proposed structure complies with the General Plan requirement of low profile, low -density residential development with sufficient open space between surrounding structures. The project conforms to Zoning Code setback and lot coverage requirements, except for the maximum disturbed area, as approved by a Variance. The net lot area of the lot is 38,173 square feet, (0.87 acres). The proposed residence (5,080 sq.ft.), garage (748 sq.ft.), service yard (96 sq.ft.), existing swimming pool (820 sq.ft.), existing spa (63 sq.ft.) and future stable (450 sq.ft.) will have 7,257 square feet of structures, which constitutes 19.0% of the net lot which is within the maximum 20% structural lot coverage requirement. A 3,480 square foot basement is proposed for this development The total lot coverage including all structures, paved areas and driveway will be 12,531 square feet, which constitutes 32.8% of the net lot which is within the 35% maximum overall net lot coverage requirement. The proposed project is screened from the road so as to reduce the visual impact Resolution No. 971 -1- of the development. Tt urbed area of the lot will be 48.8%, whi dudes the stable, which is less than curren y is disturbed. Currently the existing development exceeds the allowable disturbance and is 55.5% of the net lot area. 04 310 try 9 23 B. The development plan substantially preserves the natural and undeveloped state 1 c7 of the lot by minimizing building coverage because the new structure will not cause the lot to look overdeveloped. Significant portions of the lot will be left undeveloped so as to maintain open space on the property. The nature, condition, and development of adjacent uses, buildings, and structures and the topography of the lot have been considered, and the construction of the new house will not adversely affect or be materially detrimental to the adjacent uses, buildings, or structures because the proposed structure will be constructed on a portion of the lot which is the least intrusive to surrounding properties, will be screened and landscaped with trees and shrubs, is a sufficient distance from nearby residences so that the proposed structure will not impact the view or privacy of surrounding neighbors, and will substantially utilize the existing building pad for the new construction. C. The proposed development, as conditioned, is harmonious in scale and mass with the site, the natural terrain and surrounding residences. As indicated in Paragraph A, the lot coverage maximum set forth in the Zoning Code will not be exceeded, except as approved by the Variance, and the proposed project is consistent with the scale of the neighborhood. D. The development plan incorporates existing trees and native vegetation to the maximum extent feasible. Specifically, the development plan preserves dense brush and shrubs and supplements it with landscaping that is compatible with and enhances the rural character of the community. E. The development plan follows natural contours of the site to minimize grading and retain the natural drainage courses. Grading for this project will involve 1,232 cubic yards of cut and 1,232 cubic yards of fill and will be balanced on site. Most of the soil will be generated by excavation of the basement. F. The proposed development is sensitive andnot detrimental to the convenience and safety of circulation for pedestrians and vehicles because access will remain from Southfield Drive. G. The project conforms to the requirements of the California Environmental Quality Act and is exempt. Section 9. Based upon the foregoing findings, the City Council hereby approves the Site Plan Review application for Zoning Case No. 689 for grading and for construction of a new residence, as shown on the Development Plan dated November 17, 2004, and marked Exhibit A, subject to the conditions contained in Section 12 of this Resolution. Section 10. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code permit approval of a Variance from the standards and requirements of the Zoning Ordinance when exceptional or extraordinary circumstances applicable to the property and not applicable to other similar properties in the same zone prevent the owner from making use of a parcel of property to the same extent enjoyed by similar properties in the same vicinity. A Variance to Section 17.16.070 (B) is required because it states that the lot disturbance shall be limited to 40% of the net lot area. With respect to this request for a Variance for lot disturbance of 48.8%, the City Council finds as follows: A. There are exceptional and extraordinary circumstances and conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same zone. The Variance for the total disturbance is necessary because the existing disturbance already exceeds the maximum permitted and the project proposes to lessen the hardscape features and bring a portion of the currently disturbed areas to natural state. B. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, but which is denied to the property in question. The Variance is necessary because of the existing conditions of the lot. The lot was previously graded and the proposal calls for lessening the disturbed areas. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. All development will occur within required setbacks, and will be adequately screened to prevent adverse visual impact to surrounding properties. Resolution No. 971 -2- 04 3107923 Section 11. Base n the foregoing findings and the evidence e record, the City Council hereby approves t e Variance for Zoning Case No. 689 to permit a disturbed area of 18,640 square feet or 48.8%, subject to the conditions specified in Section 12 of this Resolution. Section 12. The Site Plan review request to construct a new house, garage and a future stable approved in Section 9 and the Variance request to exceed the maximum permitted disturbance of the lot approved in Section 11 of this Resolution are subject to the following conditions: A. The Site Plan review and the Variance approvals shall expire within one year from the effective date of approval if construction pursuant to these approvals has not' commenced within that time period, as required by Sections 17.46.080(A) and 17.38.070(A) of the Rolling Hills Municipal Code, or the approvals granted are otherwise extended pursuant to the requirements of these sections. B. It is declared and made a condition of the Variance and Site Plan Review approvals, that if any conditions thereof are violated, this approval shall be suspended and the privileges granted hereunder shall lapse; provided that the applicants have been given written notice to cease such violation, the opportunity for a hearing has been provided, and if requested, has been held, and thereafter the applicant fails to correct the violation within a period of thirty (30) days from the date of the City's determination. C. All requirements of the Building Code, the Zoning Ordinance, and of the zone in which the subject property is located must be complied with unless otherwise set forth in the Permit, or shown otherwise on an approved plan. D. This approval shall be subject to the approval of the soils, geology and geotechnical reports and studies by the Los Angeles County Department of Public Works. E. The lot shall be developed and maintained in substantial conformance with the site plan on file marked Exhibit A and dated November 17, 2004, except as otherwise provided in these conditions. F. The working drawings submitted to the County Department of Building and Safety for plan check review must conform to the development plan approved with this application. G. The basement shall not exceed 3,480 square feet and all requirements for the basements shall be met subject to Section 17.20.020 of the City of Rolling Hills Zoning Code and the Los Angeles County Building Code. H. The future stable shall conform to all of the requirements of Sections 17.16.170 and 17.16.200 of the Zoning Code. I. Grading shall not exceed 1,232 cubic yards of cut and 1,232 cubic yards of fill and shall be balanced on site. J. Structural lot coverage shall not exceed 7,257 square feet or 19% of the net lot area of the lot. K. Total lot coverage of structures and paved areas shall not exceed 12,531 square feet or 32.8% in conformance with lot coverage limitations. L. The disturbed area of the lot shall not exceed 18,640 square feet or 48.8% of the net lot area in conformance with the Variance approval. M. Residential building pad coverage on the 23,520 square foot residential building pad shall not exceed 6,807 square feet or 28.9%; the future stable coverage shall not exceed 45.0% on a separate pad. N. The ridge height of the residence shall not exceed 15.6 feet from the finished floor. O. The area shown on the Development Plan, marked Exhibit A dated November 17, 2004 as "LANDSCAPED, NOT TO BE DISTURBED" shall remain undisturbed and shall not be covered by impervious surface. P. Landscaping shall include water efficient irrigation, to the maximum extent feasible, that incorporates a low gallonage irrigation system, utilizes automatic controllers, Resolution No. 971 -3- 04 3107923 incorporates an irrigatisign using "hydrozones," considers sloe tors and climate conditions in design, ana utilizes means to reduce water waste resulting from runoff and overspray in accordance with Section 17.27.020 (Water efficient landscaping requirements) of the Rolling Hills Municipal Code. Q. All graded areas and the area designated as landscaped area on the Development Plan dated November 17, 2004, shall be landscaped. Landscaping in connection with this project shall be designed using native shrubs and mature trees, which at full maturity shall not exceed the ridge height of the residence, and which will not obstruct views of neighboring properties. Two copies of landscaping plan for the project shall be submitted for review by the Planning Department prior to the issuance of building permit. R. During construction, any soil disturbance shall preserve the existing topography, flora, and natural features to the greatest extent possible. S. During construction, conformance with the air quality management district requirements, stormwater pollution prevention practices, county and local ordinances and engineering practices so that people or property are not exposed to undue vehicle trips, noise, dust, and objectionable odors shall be required. T. During construction, the Erosion Control Plan containing the elements set forth in • Section 7010 of the 1998 County of Los Angeles Uniform Building Code shall be followed to minimize erosion and to protect slopes and channels to control stormwater pollution as required by the County of Los Angeles. U. During and after construction, all parking shall take place on the project site and, if necessary, any overflow parking shall take place within nearby roadway easements. V. 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. W. 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. X. The property owners shall be required to conform to the Regional Water Quality Control Board and County Health Department requirements for the installation and maintenance of stormwater drainage and run-off facilities. Y. 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. Z. A drainage plan system shall be approved by the Planning Department and County District Engineer. Any water from any site irrigation systems and all drainage from the site shall be conveyed in an approved manner. AA. If an above ground drainage system is utilized, including the energy dissipater, it shall be designed in such a manner as to not cross over any equestrian trails. The drainage system(s) shall not discharge water onto a trail, shall incorporate earth tone colors, including in the design of the dissipater and be screened from any trail and neighbors views to the maximum extent practicable, without impairing the function of the drainage system. AB. All utility lines shall be placed underground. The roof material for the new residence and future stable shall comply with the City of Rolling Hills Building Code requirements. The development shall comply with the City of Rolling Hills Outdoor Lighting requirements. AC. The applicants shall pay all of the applicable School District fees, Los Angeles County Building and Safety and Public Works Department fees, including Parks and Recreation Fees for new residence. AD. The working drawings submitted to the County Department of Building and Safety for plan check review shall conform to the development plan described in Condition Resolution No. 971 -4- AE. The projec t be reviewed and approved by the Rol Mills Community Association Architectural 1. -view Committee prior to the issuance of any ding or building permit. 04 3107923 AF. Until the applicant executes an Affidavit of Acceptance of all conditions of the Variance and Site Plan Review approvals, as required by Section 17.42.070 of the Municipal Code, the approvals shall not be effective. AG. All conditions of the Variance and Site Plan approvals that apply shall be complied with prior to the issuance of a grading or building permit by the County of Los Angeles. PASSED, APPROVED AND ADOPTED THIS 22nd DAY OF NOVR 2004. ATTEST: MARILYN KERN, DEPUTY CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) §§ TrIOOOYAS IyCISJ IMER, YOR I certify that the foregoing Resolution No. 971 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW RESIDENCE TO REPLACE, AN EXISTING RESIDENCE AND VARIANCE TO EXCEED THE MAXIMUM PERMITTED DISTURBED NET LOT AREA IN ZONING CASE NO. 689 AT 12 SOUTHFIELD DRIVE, (LOT 35-SF) (PATEL). was approved and adopted at an regular meeting of the City Council on November 22, 2004, by the following roll call vote: AYES: Councilmembers Black, Hill, Lay, Mayor Pro Tern Pernell and Mayor Heinsheimer. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. • MARILYN K , DEPUTY CITY CLERK Resolution No. 971 -5- • • This is a true and ceriified copy of the re( -;Ord r it bears the seal, imprinted in purple ink, othe Registrar-Recorder1County Clerk DEC 0 1 2004 6/ rz.REGISTPJL.RECORDEPJCOUTY CLERK LOS ANGELES COUNTY, CALIFORNIA • . RESOLUTION NO. 2004-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW RESIDENCE TO REPLACE AN EXISTING RESIDENCE AND A VARIANCE TO EXCEED THE MAXIMUM PERMITTED DISTURBED NET LOT AREA IN ZONING CASE NO. 689 AT 12 SOUTHFIELD DRIVE, (LOT 35-SF) (PATEL). THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application was duly filed by Mr. and Mrs. Mahesh Patel with respect to real property located at 12 Southfield Drive, (Lot 35-SF), Rolling Hills, CA requesting a Site Plan Review to permit grading and construction of a new 5,182 square foot single family residence, 748 square foot garage and a 450 square foot future stable. A 3,480 square foot basement is also proposed. The existing 820 square foot swimming pool, 63 square foot spa and service yard will remain on the site. Section 2. The Planning Commission conducted duly noticed public hearings to consider the application on June 15, July 20, 2004 and at a field trip visit on June 15, 2004. At the July meeting the applicants requested time to revise their proposal. Additional public hearing to consider the revised plan was held on August 17, 2004 and at a second field trip on September 14, 2004. The applicants were notified of the public hearings in writing by first class mail. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. The applicants and their representatives were in attendance at the hearings. Section 3. The property is zoned RAS-1 and is 1.21 acres (gross) in size and 0.87 acres net. The existing residence will be demolished. The existing driveway will remain. Section 4. The Planning Commission finds that the project qualifies as a Class 3 Exemption (The State of CA Guidelines, Section 15303) and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 5. Section 17.46.030 requires a development plan to be submitted for site plan review and approval before any grading requiring a grading permit or any building or structure may be constructed or any expansion, addition, alteration or repair to existing buildings may be made which involve changes to grading or an increase to the size of the building or structure by at least 1,000 square feet and has the effect of increasing the size of the building by more than twenty-five percent (25%) in any thirty-six (36) month ZC NO. 689 RESO. 2004-22 • • period. With respect to the Site Plan Review application requesting construction of the new house, the Planning Commission makes the following findings of fact: A. The proposed development is compatible with the General Plan, the Zoning Ordinance and surrounding uses because the proposed structure complies with the General Plan requirement of low profile, low -density residential development with sufficient open space between surrounding structures. The project conforms to Zoning Code setback and lot coverage requirements, except for the maximum disturbed area, as approved by a Variance. The net lot area of the lot is 38,173 square feet, (0.87 acres). The proposed residence (5,182 sq.ft.), garage (748 sq.ft.), service yard (96 sq.ft.), existing swimming pool (820 sq.ft.), existing spa (63 sq.ft.) and future stable (450 sq.ft.) will have 7,359 square feet of structures, which constitutes 19.2% of the net lot which is within the maximum 20% structural lot coverage requirement. A 3,480 square foot basement is proposed for this development The total lot coverage including all structures, paved areas and driveway will be 12,633 square feet, which constitutes 33.1% of the net lot which is within the 35% maximum overall net lot coverage requirement. The proposed project is screened from the road so as to reduce the visual impact of the development. The disturbed area of the lot will be 58.1%, which includes the stable. Currently the existing development exceeds the allowable disturbance and is 55.5% of the net lot area. B. The development plan substantially preserves the natural and undeveloped state of the lot by minimizing building coverage because the new structure will not cause the lot to look overdeveloped. Significant portions of the lot will be left undeveloped so as to maintain open space on the property. The nature, condition, and development of adjacent uses, buildings, and structures and the topography of the lot have been considered, and the construction of the new house will not adversely affect or be materially detrimental to the adjacent uses, buildings, or structures because the proposed structure will be constructed on a portion of the lot which is the least intrusive to surrounding properties, will be screened and landscaped with trees and shrubs, is a sufficient distance from nearby residences so that the proposed structure will not impact the view or privacy of surrounding neighbors, and will substantially utilize the existing building pad for the new construction. C. The proposed development, as conditioned, is harmonious in scale and mass with the site, the natural terrain and surrounding residences. As indicated in Paragraph A, the lot coverage maximum set forth in the Zoning Code will not be exceeded, except as approved by the Variance, and the proposed project is consistent with the scale of the neighborhood. D. The development plan incorporates existing trees and native vegetation to the maximum extent feasible. Specifically, the development plan preserves dense brush and shrubs and supplements it with landscaping that is compatible with and enhances the rural character of the community. E. The development plan follows natural contours of the site to minimize grading and retain the natural drainage courses. Grading for this ZC NO. 689 RESO. 2004-22 • • project will involve 1,312 cubic yards of cut and 1,312 cubic yards of fill and will be balanced on site. Most of the soil will be generated by excavation of the basement. F. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles because access will remain from Southfield Drive. G. The project conforms to the requirements of the California Environmental Quality Act and is exempt. Section 6. Based upon the foregoing findings, the Planning Commission hereby approves the Site Plan Review application for Zoning Case No. 689 for grading and for construction of a new residence, as shown on the Development Plan dated September 21, 2004, and marked Exhibit A, subject to the conditions contained in Section 9 of this resolution. Section 7. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code permit approval of a Variance from the standards and requirements of the Zoning Ordinance when exceptional or extraordinary circumstances applicable to the property and not applicable to other similar properties in the same zone prevent the owner from making use of a parcel of property to the same extent enjoyed by similar properties in the same vicinity. A Variance to Section 17.16.070 (B) is required because it states that the lot disturbance shall be limited to 40% of the net lot area. With respect to this request for a Variance for lot disturbance of 58.1%, the Planning Commission finds as follows: A. There are exceptional and extraordinary circumstances and conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same zone. The Variance for the total disturbance is necessary because the existing disturbance already exceeds the maximum permitted and the additional disturbance constitutes less than 3% increase in the existing disturbance. B. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, but which is denied to the property in question. The Variance is necessary because of the existing conditions of the lot. The existing disturbance of the lot is legal nonconforming and may remain. However, additional disturbance requires a Variance. Additional grading and enlargement of this pad is needed to allow construction of a new residence and a pad for a future stable. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. All development will occur within required setbacks, and will be adequately screened to prevent adverse visual impact to surrounding properties. ZC NO. 689 RESO. 2004-22 • S Section 8. Based upon the foregoing findings and the evidence in the record, the City Council hereby approves the Variance for Zoning Case No. 689 to permit a disturbed area of 23,015 square feet or 58.1%, subject to the conditions specified in Section 9 of this Resolution. Section 9. The Site Plan review request to construct a new house, garage and a future stable approved in Section 7 and the Variance request to exceed the maximum permitted disturbance of the lot approved in Section 8 of this resolution are subject to the following conditions: A. The Site Plan review and the Variance approvals shall expire within one year from the effective date of approval if construction pursuant to these approvals has not commenced within that time period, as required by Sections 17.46.080(A) and 17.38.070(A) of the Rolling Hills Municipal Code, or the approvals granted are otherwise extended pursuant to the requirements of these sections. B. It is declared and made a condition of the Variance and Site Plan Review approvals, that if any conditions thereof are violated, this approval shall be suspended and the privileges granted hereunder shall lapse; provided that the applicants have been given written notice to cease such violation, the opportunity for a hearing has been provided, and if requested, has been held, and thereafter the applicant fails to correct the violation within a period of thirty (30) days from the date of the City's determination. C. All requirements of the Building Code, the Zoning Ordinance, and of the zone in which the subject property is located must be complied with unless otherwise set forth in the Permit, or shown otherwise on an approved plan. D. This approval shall be subject to the approval of the soils, geology and geotechnical reports and studies by the Los Angeles County Department of Public Works. E. The lot shall be developed and maintained in substantial conformance with the site plan on file marked Exhibit A and dated September 21, 2004, except as otherwise provided in these conditions. F. The working drawings submitted to the County Department of Building and Safety for plan check review must conform to the development plan approved with this application. G. The basement shall not exceed 3,480 square feet and all requirements for the basements shall be met subject to Section 17.20.020 of the City of Rolling Hills Zoning Code and the Los Angeles County Building Code. H. The future stable shall conform to all of the requirements of Sections 17.16.170 and 17.16.200 of the Zoning Code. I. Grading shall not exceed 1,312 cubic yards of cut and 1,312 cubic yards of fill and shall be balanced on site. ZC NO. 689 RESO. 2004-22 J. Structural lot coverage shall not exceed 7,359 square feet or 19.2% of the net lot area of the lot. K. Total lot coverage of structures and paved areas shall not exceed 12,633 square feet or 33.1% in conformance with lot coverage limitations. L. The disturbed area of the lot shall not exceed 22,180 square feet or 58.1% of the net lot area in conformance with the Variance approval. M. Residential building pad coverage on the 24,620 square foot residential building pad shall not exceed 6,909 square feet or 28.0%; the future stable coverage shall not exceed 45.0% on a separate pad. N. The ridge height of the residence shall not exceed 15.6 feet from the finished floor. O. The area shown on the Development Plan, marked Exhibit A dated September 21, 2004 as "LANDSCAPED, NOT TO BE DISTURBED" shall remain undisturbed and shall not be covered by impervious surface. P. Landscaping shall include water efficient irrigation, to the maximum extent feasible, that incorporates a low gallonage irrigation system, utilizes automatic controllers, incorporates an irrigation design using "hydrozones," considers slope factors and climate conditions in design, and utilizes means to reduce water waste resulting from runoff and overspray in accordance with Section 17.27.020 (Water efficient landscaping requirements) of the Rolling Hills Municipal Code. Q. All graded areas and the area designated as landscaped area on the Development Plan dated September 21, 2004, shall be landscaped. Landscaping in connection with this project shall be designed using native shrubs and mature trees, which at full maturity shall not exceed the ridge height of the residence, and which will not obstruct views of neighboring properties. Two copies of landscaping plan for the project shall be submitted for review by the Planning Department prior to the issuance of building permit. R. The proposed walls in the rear, front and the side yards shall not be located in the setbacks and shall not exceed five feet in height averaging 2 1/2 feet. S. During construction, any soil disturbance shall preserve the existing topography, flora, and natural features to the greatest extent possible. T. During construction, conformance with the air quality management district requirements, stormwater pollution prevention practices, county and local ordinances and engineering practices so that people or property are not exposed to undue vehicle trips, noise, dust, and objectionable odors shall be required. ZC NO. 689 RESO. 2004-22 • • U. During construction, the Erosion Control Plan containing the elements set forth in Section 7010 of the 1998 County of Los Angeles Uniform Building Code shall be followed to minimize erosion and to protect slopes and channels to control stormwater pollution as required by the County of Los Angeles. V. During and after construction, all parking shall take place on the project site and, if necessary, any overflow parking shall take place within nearby roadway easements. W. 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. X. 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. Y. The property owners shall be required to conform to the Regional Water Quality Control Board and County Health Department requirements for the installation and maintenance of stormwater drainage and run-off facilities. Z. 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. AA. A drainage plan system shall be approved by the Planning Department and County District Engineer. Any water from any site irrigation systems and all drainage from the site shall be conveyed in an approved manner. AB. If an above ground drainage system is utilized, including the energy dissipater, it shall be designed in such a manner as to not cross over any equestrian trails. The drainage system(s) shall not discharge water onto a trail, shall incorporate earth tone colors, including in the design of the dissipater and be screened from any trail and neighbors views to the maximum extent practicable, without impairing the function of the drainage system. AC. All utility lines shall be placed underground. The roof material for the new residence and future stable shall comply with the City of Rolling Hills Building Code requirements. The development shall comply with the City of Rolling Hills Outdoor Lighting requirements. AD. The applicants shall pay all of the applicable School District fees, Los Angeles County Building and Safety and Public Works Department fees, including Parks and Recreation Fees for new residence. ZC NO. 689 RESO. 2004-22 • • AE. The working drawings submitted to the County Department of Building and Safety for plan check review shall conform to the development plan described in Condition "E". AF. The project must be reviewed and approved by the Rolling Hills Community Association Architectural Review Committee prior to the issuance of any grading or building permit. AG. Until the applicant executes an Affidavit of Acceptance of all conditions of the Variance and Site Plan Review approvals, as required by Section 17.42.070 of the Municipal Code, the approvals shall not be effective. AH. All conditions of the Variance and Site Plan approvals that apply shall be complied with prior to the issuance of a grading or building permit by the County of Los Angeles. PASSED, APPROVED AND ADOPTED THIS 21st DAY OF SEPTEMBER 2004. ROGER SOMMER, CHAIRMAN ATTEST: MARILY-N'K`ERN, DEPUTY CITY CLERK ZC NO. 689 RESO. 2004-22 • • STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) §§ I certify that the foregoing Resolution No. 2004-22 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW RESIDENCE TO REPLACE AN EXISTING RESIDENCE AND A VARIANCE TO EXCEED THE MAXIMUM PERMITTED DISTURBED NET LOT AREA IN ZONING CASE NO. 689 AT 12 SOUTHFIELD DRIVE, (LOT 35-SF) (PATEL). was approved and adopted at an adjourned regular meeting of the Planning Commission on September 21, 2004, by the following roll call vote: AYES: Commissioner Hankins, Margeta, Witte and Chairman Sommer. NOES: Commissioner DeRoy. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. IG NEALIS, CITY MANAGER ZC NO. 689 RESO. 2004-22