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2024-09_PC_Resolution_1MorganLn_ZC24-24-016_HU_240520_F_E RESOLUTION NO. 2024-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF ZONING CASE NO. 24-016 FOR A SITE PLAN REVIEW TO CONSTRUCT A NEW STABLE, NON-EXEMPT GRADING, RETAINING WALLS TO EXCEED 3 FEET (MAXIMUM 5 FEET HEIGHT), AND RELATED IMPROVEMENTS; CONDITIONAL USE PERMIT TO CONVERT AN EXISTING RECREATIONAL SPORTS COURT INTO AN EQUESTRIAN RIDING ARENA, AND FOR STABLE GREATER THAN 200 SQUARE FEET ; AND VARIANCES FOR CONSTRUCTION OF A STABLE IN THE FRONT YARD, CORRAL IN THE FRONT AND SIDE YARD SETBACKS, IMPORT OF DIRT, AND TO EXCEED THE MAXIMUM 40% DISTURBED AREA FOR A PROPERTY LOCATED AT 1 MORGAN LANE AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (LOT 170-1-MS) (HU) THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE, AND ORDER AS FOLLOWS: Section 1. On February 14, 2024, an application was duly filed by David Mclewee, Campbell Architects Inc. (“Applicant”), on behalf of the property owner, Ginger Hu, with respect to real property located at 1 Morgan Lane, Rolling Hills (LOT 170-1-MS) requesting: a Site Plan Review to construct new 4,098 square feet two story stable, non-exempt grading, and retaining walls to exceed 3 feet height (maximum 5 feet height); Conditional Use Permits for a stable with loft greater than 200 square feet, corral greater than 550 square feet, and to convert an existing recreational sport court into an equestrian riding area; and variances for the construction of stable in the front yard, corral in front and side yard, import of dirt, and to exceed the maximum 40% disturbed area. The project also includes two new run-in sheds: one located by the existing pool equipment in the rear of the property and a second in the front of the property next to a storage shed and two existing run-in sheds within a corral. In total, there will be four run-in sheds. Section 2. The property is zoned RAS-2 with a gross lot area of 114,260 square feet (2.62 acres) and a net lot area of 82,741 square feet (1.89 acres), The lot has one 41,911- square-foot building pad developed with a 4,277-square-foot main residence built in 1987, 525- square-foot attached garage, 808-sq uare-foot swimming pool, 130-square-foot pool equipment area, 240-square-foot run in sheds, 7,030-square-foot recreational sport court, 860-square-foot detached trellises, 62-square-foot water feature, and 125-square-foot service yard. There is an existing 8,800-square-foot corral located in the front yard, front setback, and side setback at the south portion of the property. The corral was approved by staff in March 2023 to provide shelter and outdoor space for the horses on a temporary basis while the applicant obtains discretionary approvals for the Project. The Applicant wishes to keep the front corral permanently. The existing main driveway is 3,539 square feet. The lot is 570 feet in width and 340 feet in length, with a 30- foot-wide front road easement, 25-foot-wide storm drain easement at the south, 25-foot-wide bridle trail to the south, flood hazard area to the east (rear of property), and 10-foot-wide road easement and bridle trail to the north. The lot is an irregularly shaped parcel that is shallow at the southern portion along Morgan Lane and deeper in the northern portion. The existing topography slopes downward from Morgan Lane toward the rear of the lot. 2 Resolution No. 2024-09 (ZC 24-016) 1 Morgan Lane (Hu) Section 3. The Planning Commission conducted duly noticed public hearings to consider the application at a field trip meeting and regular meeting on June 18, 2024. Neighbors within a 1,000-foot radius were notified of the public hearings and a notice was published in the Daily Breeze on June 8, 2024. The Applicant was notified of the public hearings in writing by first class mail and was in attendance at the hearings. Section 4. The Project is exempt from the California Environmental Quality Act (CEQA) Guidelines pursuant to Section 15303, Class 3 (New Construction or Conversion of Small Structures), which exempts the construction and location of a limited number of new, small facilities or structures, including accessory structures, including but not limited to garages, carports, patios, swimming pools and fences. Here, the proposed Project includes the construction of a new stable, non-exempt grading, retaining walls to exceed 3 feet height (maximum 5 feet height), corral, equestrian riding area; and other equestrian improvements. Accordingly, the Project qualifies for the exemption pursuant to Section 15303. Further, no exceptions to the exemption apply; there is no reasonable possibility that the activity will have a significant effect on the environment, due to unusual circumstances. Much of the site has already been graded and developed. Section 5. Site Plan Review. Site Plan Review is required for construction of any new building or structure pursuant to Rolling Hills Municipal Code (RHMC) Section 17.46.020(A). The Project a Site Plan Review to construct new 4,098-square-foot two-story stable, non-exempt grading, and retaining walls to exceed 3-foot height (maximum 5-foot height). With respect to the Site Plan Review for the development, the Planning Commission hereby makes the following findings: A. The Project complies with and is consistent with the goals and policies of the General Plan and all requirements of the zoning ordinance. The proposed development is compatible with the General Plan and Zoning ordinance. The proposed structures comply with the General Plan’s land use policy to support retention of the City’s rural and equestrian character. The two-story stable, riding ring, corral, and other equestrian amenities will comply with the development standards in the Rolling Hills Municipal Code. The project is consistent with the Land Use Element Policy 1.1 as it will not change the lot size and is consistent with Land Use Element Goal 2 which aims to accommodate development that is compatible with and complements existing land uses. Here the project is compatible with existing properties in the same zone having equestrian uses. The Project complies with all of the development standards in the Rolling Hills Municipal Code. Although the proposed 50% disturbed area will exceed the maximum permitted 40% by 10%, the proposed grading for the equestrian use will promote the rural, equestrian aesthetic of Rolling Hills. The total grading for the front of the two-story stable, 10-foot-wide stable access apron and driveway, two run-in sheds located at the southeast corner of the parcel, and retaining walls is 460 cubic yards that will be balanced on site with exception to 36 cubic yards of import, which is part of the variance request. The southeastern corner of the stable includes a stairway that descends from the upper level to the lower level of the stable. The maximum 5-foot-high 3 Resolution No. 2024-09 (ZC 24-016) 1 Morgan Lane (Hu) walls located along the driveway and stairs comply with and are consistent with the goals and policies of the General Plan and all requirements of the Zoning Ordinance. B. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. Lot coverage requirements are regarded as maximums, and the actual amount of lot coverage permitted depends upon the existing buildable area of the lot. The topography and the configuration of the lot have been considered, and the project will not adversely affect or be materially detrimental to adjacent uses, buildings, or structures; the project is utilizing the north area of the lot to develop the stable and corral with minimal grading. The project will be on an existing building pad which enables project elements to be the least intrusive to surrounding properties. Further, the project will be a sufficient distance from nearby residences so views and privacy of surrounding neighbors will not be impacted. The lot has an existing building pad with 33% coverage. The lot has an existing disturbed area of 47.8%, and the proposed disturbed area is 2.2% for a total disturbed area of 50%, with the remaining area either landscaped or left in a natural state. C. The project is harmonious in scale and mass with the site, the natural terrain and surrounding residences. The proposed development, as conditioned, is harmonious in scale and mass with the site, and is consistent with the scale of the neighborhood when compared to other stables, equestrian riding rings, and corrals in the vicinity of said lot. The development plan takes into consideration the visibility of the project from Morgan Lane. Portions of the lot will be left undeveloped and covered with vegetation. D. The project preserves and integrates into the site design, to the greatest extent possible, existing topographic features of the site, including surrounding native vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls). There will be no significant changes to the overall drainage features on the lot. The proposed project is located on an existing building pad. There will be minimal impact to site design, vegetation, and mature trees. Drainage will not change and will follow the natural drainage courses of the lot. E. Grading has been designed to follow natural contours of the site and to minimize the amount of grading required to create the building area. Grading will be balanced on site, and dirt will be imported. The project has been designed to follow natural contours of the site and minimize grading. The proposed grading is 194 cubic yards of cut, 266 cubic yards of fill, for a total of 460 cubic yards of grading. A variance is requested for import of 36 cubic yards. 4 Resolution No. 2024-09 (ZC 24-016) 1 Morgan Lane (Hu) F. Grading will not modify existing drainage channels nor redirect drainage flow, unless such flow is redirected into an existing drainage course. Grading will not modify existing drainage channels nor redirect drainage flow, unless such flow is redirected into an existing drainage course. G. The project preserves surrounding native vegetation and mature trees and supplements these elements with drought-tolerant landscaping which is compatible with and enhances the rural character of the community, and landscaping provides a buffer or transition area between private and public areas. Surrounding native vegetation and mature trees will not be affected or will be replaced. The vegetation located in the front area will be removed for the construction the new decomposed granite 10-foot-wide stable access road. The development will be considerate of the environment and will enhance the rural character of the community. As such, the rural character of the community is maintained and privacy is maintained with neighbors. H. The project is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles. There is a new 10-foot-wide driveway accessible from Morgan Lane to gain access to the proposed stable. It will be located in the northeastern corner of the property and made of decomposed granite (DG). The new driveway apron was approved by the Traffic Commission on May 30, 2024. The new driveway will lead to the upper level of the proposed stable used for hay storage and a tack room. The lower level of the stable and arena are accessible from the bridle trail located in the northern portion of the property. The Rolling Hills Community Association (RHCA) has granted the owner use of the bridle trail along the northern property line for stable access and emergency access. I. The project conforms to the requirements of the California Environmental Quality Act (CEQA). The Project is exempt from the CEQA Guidelines pursuant to Section 15303, Class 3 (New Construction or Conversion of Small Structures), which exempts the construction and location of a limited number of new, small facilities or structures, including single family residence and accessory structures, including but not limited to garages, carports, patios, swimming pools and fences. Here, the Project includes construction of a new stable, non-exempt grading, retaining walls to exceed 3 feet height (maximum 5 feet height), corral, equestrian riding area; and other equestrian improvements. Accordingly, the Project qualifies for the exemption pursuant to Section 15303. Further, no exceptions to the exemption apply; there is no reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. Much of the site has already been graded and developed. Section 6. Conditional Use Permits. Section 17.16.040(A)(5) of the Rolling Hills Municipal Code (RHMC) permits approvals of an equestrian riding arena, construction of a new stable that exceeds 200 square feet, and corral that exceeds 550 square feet are subject to the 5 Resolution No. 2024-09 (ZC 24-016) 1 Morgan Lane (Hu) conditions in Section 17.16.210(A). With respect to the Conditional Use Permits, the Planning Commission finds as follows: A. That the proposed conditional use is consistent with the General Plan. The granting of Conditional Use Permits for the Project is consistent with the purposes and objectives of the Zoning Ordinance and General Plan because the use is consistent with similar uses in the community, and meets all the applicable code development standards for such use. The property is adequately sized to accommodate such use. The two-story stable is a total of 4,038 square feet. The proposed use is appropriately located in that it will be sufficiently separated from nearby structures used for habitation or containing sleeping quarters. Development would be constructed in furtherance of the General Plan goal of promoting and encouraging equestrian uses. The new riding ring arena is proposed to be located on the property so that it will not be in close proximity to the existing residence or other residences in the area. All other proposed appurtenant structures are common amenities in Rolling Hills. B. The nature, condition and development of adjacent uses, buildings and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, building or structures. The nature, condition, and development of adjacent structures have been considered, and the project will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures because the proposed uses are of sufficient distance from nearby residences so as to not impact the view or privacy of surrounding properties. Development will be constructed on portions of the Property that are already graded and developed. Development will be screened and will not impact the view or privacy of surrounding neighbors. There is a path designated for pedestrian and equestrian use that runs from the first floor of the stable and proposed riding ring arena to the residence. There is a 10-foot-wide driveway apron accessible from Morgan Lane to gain access to the proposed stable. C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed. The project is harmonious in scale and mass with the site, the natural terrain, and surrounding residences because the proposed uses comply with the low-profile residential development pattern of the community and areas will remain open and unobstructed. The lot is sufficient to accommodate the proposed development. D. That the proposed conditional use complies with all applicable development standards of the zone district. The proposed conditional uses comply with all applicable development standards of the zone district, including the specified conditions for a stable, corral, and riding ring arena identified in Section 17.16.210(A) of the Zoning Ordinance. 6 Resolution No. 2024-09 (ZC 24-016) 1 Morgan Lane (Hu) E. That the proposed use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities. The proposed conditional uses are consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting criteria for hazardous waste facilities because the project site is not listed on the current State of California Hazardous Waste and Substances Sites List. F. That the proposed conditional use observes the spirit and intent of this title. The proposed development meets the spirit and intent of this title in that it is a residential amenity enjoyed by other properties in the City. The use is consistent with the residential character of the City. Section 6. Variance Findings. Section 17.38.050 sets forth the required findings for granting Variances for construction of stable in the front yard, corral in front and side yard, import of dirt, and to exceed the maximum 40% disturbed area With respect to this request for Variances, the Planning Commission finds as follows: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone. There are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone is given the size and steepness of the site, it is difficult for the applicant to comply with the maximum 40% disturbance because the entire east portion of the property slopes down from Morgan Lane. The existing corral located at the south portion of the property encroaches into the front yard and side setbacks. However, these areas are already developed and disturbed, and ideal for equestrian uses. The import of dirt is required to fill northeast corner of the new decomposed granite path and northeast section of the stable, stairs, and walls. B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question. Granting the requested variances are necessary for the preservation and enjoyment of property rights on the property and the Project is necessary for the preservation of the Applicant’s property right. The placement of the stable is best location to accommodate the equestrian uses because there is an existing 7,030-square-foot recreational sports court that will be converted into a 5,597-square-foot riding arena, and the building pad area is already developed. Stables larger than 200 square feet are an amenity enjoyed by many property owners in the City. The applicant is requesting an approval for the existing corral in the front yard, front setback, and side setback. The variance requests are necessary for preservation and enjoyment of property rights consistent with other properties in the same vicinity and zone. There are other properties in the community that have equestrian uses in the front yard. 7 Resolution No. 2024-09 (ZC 24-016) 1 Morgan Lane (Hu) Construction of the stable will result in a minor increase in lot coverage and having a stable, riding ring, and corral on-site is a property right enjoyed by other properties in the vicinity. C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity. Granting variances for the Project will not be materially detrimental to public welfare or injurious to properties or improvements in the vicinity in that the proposed development will comply with the required building code, will not have adverse visual impact to adjacent properties and is in keeping with the desired equestrian and rural aesthetic of Rolling Hills. D. That in granting the variance, the spirit and intent of this title will be observed. The granting of the variance will allow for a development that is harmonious in scale and mass with the site, the proposed project is visually harmonious with adjacent properties and in scale with adjacent residential development. The lot is sufficient to accommodate the proposed use. E. That the variance does not grant special privilege to the applicant. The variance does not grant special privilege to the applicant in that the proposed addition is similar in character and scale with existing residential development and the applicant will have the opportunity to enjoy the same amenities enjoyed by other residents in the community. In the past the City has granted approval for large stables and corrals in the front yard, front setbacks, and side setbacks. F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities. Granting a variance for the project will be consistent with the applicable portions of the Los Angeles County Hazardous Waste Management Plan related to siting criteria for hazardous waste facilities. The project site is not listed on the current State of California Hazardous Waste and Substances Sites List. The proposed project would not constitute a hazardous waste facility. G. That the variance request is consistent with the General Plan of the City of Rolling Hills. Approvals granting the variance to allow encroachments into the front and rear yard setbacks will be consistent with the General Plan of the City of Rolling Hills, which encourages residential and equestrian uses. Section 7. Based upon the foregoing findings, and the evidence in the record, the Planning Commission hereby approves Zoning Case No. 24-016 subject to the following conditions: 8 Resolution No. 2024-09 (ZC 24-016) 1 Morgan Lane (Hu) A. Approval for the Site Plan Review, Conditional Use Permit, and Variances shall expire within two years from the effective date of approval as defined in RHMC Section 17.38.070 of the Zoning Ordinance unless otherwise extended pursuant to the requirements of this section. B. If any condition of this resolution is violated, the entitlement granted by this resolution shall be suspended and the privileges granted hereunder shall lapse and upon receipt of written notice from the City, all construction work being performed on the subject property shall immediately cease, other than work determined by the City Manager or his/her designee required to cure the violation. The suspension and stop work order will be lifted once the Applicant cures the violation to the satisfaction of the City Manager or his/her designee. In the event that the Applicant disputes the City Manager or his/her designee’s determination that a violation exists or disputes how the violation must be cured, the Applicant may request a hearing before the City Council. The hearing shall be scheduled at the next regular meeting of the City Council for which the agenda has not yet been posted; the Applicant shall be provided written notice of the hearing. The stop work order shall remain in effect during the pendency of the hearing. The City Council shall make a determination as to whether a violation of this Resolution has occurred. If the Council determines that a violation has not occurred or has been cured by the time of the hearing, the Council will lift the suspension and the stop work order. If the Council determines that a violation has occurred and has not yet been cured, the Council shall provide the Applicant with a deadline to cure the violation; no construction work shall be performed on the property until and unless the violation is cured by the deadline, other than work designated by the Council to accomplish the cure. If the violation is not cured by the deadline, the Council may either extend the deadline at the Applicant’s request or schedule a hearing for the revocation of the entitlements granted by this Resolution pursuant to Chapter 17.58 of the Rolling Hills Municipal Code (RHMC). C. All requirements of the Building and Construction Ordinance, the Zoning ordinance, and of the zone in which the subject property is located must be complied with unless otherwise a variance to such requirement has been approved. D. The lot shall be developed and maintained in substantial conformance with the site plan on file at City Hall and approved by the Planning Commission on June 18, 2024, except as otherwise provided in these conditions. The working drawings submitted to the Department of Building and Safety for plan check review shall conform to the approved development plan. All conditions of the Site Plan Review, Conditional Use Permit, and Variance approvals shall be incorporated into the building permit working drawings, and where applicable complied with prior to issuance of a grading or building permit from the building department. The conditions of approval of this Resolution shall be printed onto a separate sheet and included in the building plans submitted to the Building Department for review and shall be kept on site at all times. Any proposed modifications and/or changes to the approved project, including resulting from field conditions, shall be discussed with staff so that staff can determine whether the modification is minor or major in nature. Minor modifications are subject to approval by the City 9 Resolution No. 2024-09 (ZC 24-016) 1 Morgan Lane (Hu) Manager or his or her designee. Major modifications are subject to approval by the Planning Commissioner after a public hearing. Applicant shall not implement modifications or changes to the approved project without the appropriate approval from the City Manager or designee or the Planning Commission, as required. E. Prior to submittal of final working drawings to Building and Safety Department for issuance of building and grading permits, the plans for the project shall be submitted to City staff for verification that the final plans are in compliance with the plans approved by the Planning Commission. F. A licensed professional preparing construction plans for this project for Building Department review shall execute a Certificate affirming that the plans conform in all respects to this Resolution approving this project and all of the conditions set forth herein and the City’s Building Code and Zoning Ordinance. Further, the person obtaining a building and/or grading permit for this project shall execute a Certificate of Construction stating that the project will be constructed according to this Resolution and any plans approved therewith. G. Structural lot coverage of the lot shall not exceed 11,305 square feet or 13.6% of the net lot area (20% maximum). The flatwork coverage is 9,679 square feet or 11.6%. The total lot coverage proposed, including structures and flatwork, shall not exceed 20,984 square feet or 25.3% (35% maximum). H. The lot is already developed and the total disturbed not exceed 41,451 square feet or 50% (maximum 40%). The Project proposes an increase of 1,824 square feet (2.2%), for a total of 50% disturbed area, which has been included in the Variance approvals. Grading shall not exceed 194 cubic yards of cut and 266 cubic yards of fill for a total of 460 cubic yards. Import of 36 cubic yards for Project has included in the Variances. I. The total proposed building pad coverage for the residential pad is 11,305 square feet or 26.5% which is below the 30% maximum guideline. J. A driveway access shall be provided per the Fire Department requirements and the driveway shall be roughened and the first 20 feet of the driveway shall not exceed 7% in slope. K. Access to the stable and to the corral shall be decomposed granite or 100% pervious roughened material; it shall not be wider than 12 feet. L. A minimum of five-foot level path and/or walkway, which does not have to be paved, shall be provided around the entire perimeter of all of the proposed structures, including the detached garage and stable, or as otherwise required by the Fire Department. M. The applicant shall comply with all requirements of the Low Impact Development requirements for storm water management on site (RHMC Chapter 8.32). 10 Resolution No. 2024-09 (ZC 24-016) 1 Morgan Lane (Hu) N. Hydrology, soils, geology and other reports, as required by the Building and Public Works Departments, and as may be required by the Building Official, shall be prepared. O. Prior to issuance of a final construction approval of the project, all graded slopes shall be landscaped. Prior to issuance of building permit, the landscaping plan shall meet the requirements of the City, shall be submitted to the City in conformance with Fire Department Fuel Modification requirements, and shall be approved by the City’s landscape consultant. P. The project shall be landscaped, and continually maintained in substantial conformance with the landscaping plan on file approved by the City’s landscape consultant. A detailed landscaping plan shall provide that any trees and shrubs used in the landscaping scheme for this project shall be planted in a way that screens the project development from adjacent streets and neighbors, such that shrubs and trees as they mature do not grow into a hedge or impede any neighbors’ views and the plan shall provide that all landscaping be maintained at a height no higher than the roof line of the nearest project structure. In addition, the landscaping plan shall provide for screening of development with vegetation not to exceed 10 feet in height, and that the vegetation used for screening shall be planted in an off-set manner, so as to prevent it, as it grows from forming a solid hedge. The landscaping plan shall utilize to the maximum extent feasible, plants that are native to the area, are water-wise and are consistent with the rural character of the community. Plants listed as high hazardous plants under RHMC Section 8.30.015 are prohibited. Q. The applicant shall submit a landscaping performance bond or other financial obligation, to be kept on deposit by the City, in the amount of the planting plus irrigation plus 15%. The bond shall be released no sooner than two years after completion of all plantings, subject to a City staff determination that the plantings required for the project are in substantial conformance with approved plans and are in good condition. A Certificate of Completion shall be submitted by the project designer or contractor prior to final landscape installation inspection. R. The landscaping shall be subject to the requirements of the City’s Water Efficient Landscape Ordinance, (Chapter 13.18 of the RHMC). S. Pursuant to Chapter 8.30 of the RHMC, the property shall at all times be maintained free of dead trees and vegetation. T. The setback lines and roadway easement lines in the vicinity of the construction for this project shall remain staked throughout the construction. A construction fence may be required. U. Perimeter easements, including roadway easements and trails, if any, shall remain free and clear of any improvements to advance equestrian use and emergency preparedness for evacuation within the City. Where RHCA has demonstrated authority over the easement, the City’s Planning Director may grant relief from this condition upon satisfactory proof of permission from RHCA and a legitimate showing that there is no need for the condition to advance equestrian uses and emergency preparedness. 11 Resolution No. 2024-09 (ZC 24-016) 1 Morgan Lane (Hu) V. Minimum of 65% of any construction materials must be recycled or diverted from landfills. The hauler of the materials shall obtain City’s Construction and Demolition permits for waste hauling prior to start of work and provide proper documentation to the City. W. During construction, conformance with the air quality management district requirements, storm water pollution prevention practices, county and local ordinances and engineering practices so that people or property are not exposed to undue vehicle trips, noise, dust, objectionable odors, landslides, mudflows, erosion, or land subsidence shall be required. X. During construction, to the extent feasible, all parking shall take place on the project site, on the new driveway and, if necessary, any overflow parking may take place within the unimproved roadway easements along adjacent streets, and shall not obstruct neighboring driveways, visibility at intersections or pedestrian and equestrian passage. During construction, to the maximum extent feasible, employees of the contractor shall car-pool into the City. To the extent feasible, a minimum of 4’ wide path, from the edge of the roadway pavement, for pedestrian and equestrian passage shall be available and be clear of vehicles, construction materials and equipment at all times. Y. During construction, the property owners shall be required to schedule and regulate construction and relate 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. Z. Prior to demolition of the existing structures, an investigation shall be conducted for the presence of hazardous chemicals, lead-based paints or products, mercury and asbestos- containing materials (ACMs). If hazardous chemicals, lead-based paints or products, mercury or ACMs are identified, remediation shall be undertaken in compliance with California environmental regulations and policies. AA. The property owner and/or his/her contractor/applicant shall be responsible for compliance with the no-smoking provisions in the Municipal Code. The contractor shall not use tools that could produce a spark, including for clearing and grubbing, during red flag warning conditions. Weather conditions can be found at: http://www.wrh.noaa.gov/lox/main.php?suite=safety&page=hazard_definitions#FIRE. It is the sole responsibility of the property owner and/or his/her contractor to monitor the red flag warning conditions. AB. Development shall drain in accordance with the approved grading and drainage plan. Drainage dissipaters shall be constructed outside of any easements. The drainage system shall be approved by the Department of Building and Safety. If an above ground swale and/or dissipater is required, it shall be designed in such a manner as not to cross over any equestrian trails or discharge water onto a trail, shall be stained in an earth tone color, and shall be screened from any trail, road and neighbors’ view to the maximum extent practicable, without impairing the function of the drainage system. 12 Resolution No. 2024-09 (ZC 24-016) 1 Morgan Lane (Hu) AC. During construction, dust control measures shall be used to stabilize the soil from wind erosion and reduce dust and objectionable odors generated by construction activities in accordance with South Coast Air Quality Management District, Los Angeles County and local ordinances and engineering practices. AD. During construction, an Erosion Control Plan containing the elements set forth in Section 7010 of the 2022 County of Los Angeles Uniform Building Code shall be followed to minimize erosion and to protect slopes and channels to control storm water pollution. AE. 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 storm water drainage facilities and septic tank. AF. The applicant shall pay all of the applicable Building and Safety and Public Works Department fees and Palos Verdes Peninsula Unified School District fees, if any. AG. Prior to final inspection of the project, “as graded” and “as constructed” plans and certifications shall be provided to the Planning Department and the Building Department to ascertain that the completed project is in compliance with the Planning Commission approved plans. In addition, any modifications made to the project during construction, shall be depicted on the “as built/as graded” plan. AH. The applicants shall execute an Affidavit of Acceptance of all conditions of the Variance approval, or the approval shall not be effective. AI. All conditions of this Resolution, when applicable, must be complied with prior to the issuance of a grading or building permit from the Building and Safety Department. AJ. Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in Section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure Section 1094.6. AK. To the extent permitted by law, Permittee shall defend, indemnify and hold harmless the City of Rolling Hills, its City Council, its officers, employees and agents (the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void any permit or approval for this project authorized by the City, including (without limitation) reimbursing the City its actual attorney’s fees and costs in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. The permittee shall reimburse the City for any court and attorney's fees which the City may be required to pay as a result of any claim or action brought against the City because of this permit. Although the permittee is the real party in interest in an action, the City may, at its sole discretion, participate at its own expense in the defense of the action, but such participation shall not relieve the permittee of any obligation under this condition.