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2024-14_PC_Resolution_2PossumRidgeRd_ZC24-074_Whitcombe_D RESOLUTION NO. 2024-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF ZONING CASE NO. 24-074 FOR A SITE PLAN REVIEW AND CONDITIONAL USE PERMITS FOR A RECREATIONAL GAME COURT, STABLE WITH LOFT GREATER THAN 200 SQUARE FEET, CORRAL GREATER THAN 550 SQUARE FEET, AND AN EXISTING BUILDING TO BE CONVERTED TO A MIXED USE BUILDING; AND VARIANCES FOR CONSTRUCTION IN THE FRONT AND REAR YARD SETBACKS, AND DEVIATIONS FROM THE CONDITIONS FOR A CONDITIONAL USE PERMIT PER ROLLING HILLS MUNICIPAL CODE SECTION 17.16.210(A) FOR A PROPERTY LOCATED AT 2 POSSUM RIDGE ROAD, AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (LOT 123-RH) (WHITCOMBE) THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE, AND ORDER AS FOLLOWS: Section 1. On September 4, 2024, an application was duly filed by Megan Campbell, Campbell Architects Inc. (“Applicant”), on behalf of the property owner, John D. Whitcombe, with respect to real property located at 2 Possum Ridge Road, Rolling Hills (LOT 123-RH ) requesting: Site Plan Review for construction, grading, stable access, and other improvements; Conditional Use Permits for a recreational game court (tennis court), stable with loft greater than 200 square feet, corral greater than 550 square feet, and an existing building to be converted to a mixed use building (guest house/recreation room); and Variances for construction in the front and rear yard setbacks, and deviations from the conditions for a conditional use permit per Rolling Hills Municipal Code Section 17.16.210(a). Section 2. The lot is unusually shaped being traversed by Possum Ridge Road and having frontage on Crest Road West and Portuguese Bend Road. The net lot area is 3.49 acres (151,990 square feet), which excludes roadway easements and ten feet along property lines. Possum Ridge Road has a 50-foot-wide roadway easement which divides the property into two parts. The western part is developed and the eastern part is vacant. The lot has one 47,900- square-foot building pad (Pad 1) developed with the main residence, stable, and other improvements. A second building pad (Pad 2) is proposed for a new stable and corral on the eastern part of the property. The property is developed with a main residence, detached garage, stable with loft, enclosed cabana, accessory structures used for storage, and a service yard. Section 3. On April 16, 2024, the Planning Commission adopted Resolution No. 2024- 05 approving a Phase 1 project for an addition to the main residence and other improvements. The tennis court and new stable were part of the Phase 1 project, but removed for consideration at a later date. Phase 2 is for the project contained herein. Section 4. The Planning Commission conducted duly noticed public hearings to consider the application at its field trip meeting and regular meeting on October 15, 2024. Neighbors within a 1,000-foot radius were notified of the public hearings and a notice was 2 Resolution No. 2024-14 2 Possum Ridge Road (Whitcombe) published in the Daily Breeze on October 4, 2024. The applicants were notified of the public hearings in writing by first class mail and the applicants were in attendance at the hearings. Section 5. 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 a new stable, corral, recreational game court, and related 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. 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 is for a new stable, corral, recreational game court, and related improvements. 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 requirement of low profile, low-density residential development with sufficient open space between surrounding structures. The development is located on the existing building pad, which will reduce the visual impact from neighboring properties. The Project conforms to Zoning Code lot coverage requirements. The net lot area of the lot is 151,990 square feet (3.49 acres) per RHMC Section 17.16.060(A). The structural net lot coverage is proposed at 20,282 square feet or 13.34% (20% max. permitted) excluding exempt structures; and the total lot coverage proposed, including flatwork, would be 36,979 square feet or 24.33% (35% max. permitted). The disturbed area is 73,800 square feet or 48.56% (50% max permitted provided that no more than fifty percent of the slopes resulting from the grading are greater (steeper) than 3:1, or three units horizontal (run) to one unit vertical (rise)). The area for the tennis court and new barn will be less than 3:1 while certain portions of 2:1 slope are needed to transition to natural grade. 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 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 3 Resolution No. 2024-14 2 Possum Ridge Road (Whitcombe) residences so views and privacy of surrounding neighbors will not be impacted. The lot has an existing building pad which is disturbed with the remaining area either landscaped or left in a natural state. The proposed stable will be located at a southeastern portion of the site below adjacent roadways. 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 new residences in the vicinity of said lot. The development plan takes into consideration the visibility of the project from Portuguese Bend Road, Crest Road West, and Possum Ridge Road. Significant portions of the lot will be left undeveloped or landscaped. 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 with a new pad being created for the barn and corral. Grading will be balanced on site. There will be minimal impact to site design, vegetation, and mature trees. The property will be landscaped in accordance with the approved landscape plan. 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. The project has been designed to follow natural contours to the extent feasible. F. Grading will not modify existing drainage channels nor redirect drainage flow, unless such flow is redirected into an existing drainage course. Grading will be balanced on site. Existing drainage channels will not be affected nor redirected. Additional hardscape will direct stormwater toward existing drainage channels. 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. New vegetation will be installed in accordance with the approved landscape plan. 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. 4 Resolution No. 2024-14 2 Possum Ridge Road (Whitcombe) H. The project is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles. There are no changes to the existing circulation patterns for pedestrians or vehicles. The driveway will be widened and motor court enlarged to provide better vehicular circulation and more off-street parking. 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 a new stable, corral, recreational game court, and an existing barn to be converted into a mixed-use building. 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 7. Conditional Use Permit Findings. RHMC Section 17.16.040(A)(3, 5-7) require a Conditional Use Permit for a mixed-use structure, recreational game court, stable over 200 square feet, and corral over 550 square feet, respectively. A mixed-use building is subject to the requirements in Section 17.16.210; a stable over 200 square feet is subject to the requirements in Section 17.18.060; and a corral over 550 square feet is subject to the requirements in Section 17.18.090. The Applicant is proposing to convert an existing stable to a mixed-use building to be used as a guest house and recreation room, construct a 6,000-square-foot recreational game court on the southwestern portion of the lot, and a 3,380-square-foot stable and corral on the southeastern portion of the lot. Given the foregoing, in accordance with RHMC Section 17.42.050, the Planning Commission makes the following findings: A. That the proposed conditional use is consistent with the General Plan. The granting of a Conditional Use Permit for the proposed uses 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 Project is compatible with existing land uses as other properties in the same zone have such accessory uses. The Project is consistent with Open Space and Conservation Element Goal 2, which aims for expanded opportunities for outdoor recreation. B. That 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 5 Resolution No. 2024-14 2 Possum Ridge Road (Whitcombe) structures because the proposed uses are located on a developed property with sufficient proximity to neighboring buildings and structures. C. That the site for the proposed conditional use is of adequate size and shape to accommodate the uses and buildings proposed. The proposed conditional uses comply with all applicable development standards in the RAS-2 Zone. The net lot area is 151,990 square feet and is adequate to support the proposed uses. The property is developed and adequate in size and shape to accommodate the proposed uses and buildings. 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 RAS-2 Zone, with exception to the variances requested herein. 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. That the proposed uses are consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting and 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. 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. Granting the proposed conditional use 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. F. That the proposed conditional use observes the spirit and intent of this title. The proposed project allows the Applicant the ability to enjoy rights enjoyed by other residents in the City. The proposed uses are consistent with the residential character of the City. Section 8. Variance Findings. Section 17.38.050 sets forth the required findings for granting Variances for a portion of the proposed project to be constructed in the front and rear yard setbacks for the recreational game court, stable and corral. Section 17.16.040(A)(3, 5-7) permits conditional uses subject to certain requirements. The applicant is seeking relief from the conditions for conditional use permits found in Section 17.16.210(A), including: subsection 7(b), locating the recreational game court in the front yard setback; subsection 7(c), locating the recreational game court within 50 feet from a street easement; and subsection 7(h) exceeding a 6 Resolution No. 2024-14 2 Possum Ridge Road (Whitcombe) total cut and fill of 750 cubic yards. 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 extraordinary circumstances applicable to this property. Unlike most properties in the RAS-2 Zone, the subject property is traversed by a roadway easement creating two smaller sections each with front yard setbacks along the easement. The existing residence already encroaches into the front yard setback, and the existing accessory buildings already encroach into the rear yard setback. The proposed project would encroach into the required front and rear yard setbacks; however, these areas are already developed and disturbed. The proposed stable would encroach into the front and rear yard setbacks due to the narrowness of the site caused by the roadway easement. The main residence and accessory structures on the western portion of the property is accessible from a driveway on Possum Ridge Road. 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. The proposed project is consistent with the existing development on the site which already encroaches into the front yard setback. The proposed stable is located in a narrow portion on the eastern side of the lot, which is traversed by a road. Thus, encroachment into the front and rear yard setbacks is necessary. The variance requests are necessary for preservation and enjoyment of property rights consistent with other properties in the same vicinity and zone. 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 a variance for encroachment into the front and rear yard setbacks will not be detrimental to the public welfare and will not be injurious to properties in the vicinity because it is consistent with the encroachments by the existing residence and structures. Further, the project will improve the appearance of the property by connecting buildings into a larger mass. Landscaping will be provided to screen structures from Crest Road West. 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. E. That the variance does not grant special privilege to the applicant. The variance does not grant special privileges for the Applicant; the proposed project is an expansion of the existing development which already encroaches into the front and 7 Resolution No. 2024-14 2 Possum Ridge Road (Whitcombe) rear yard setbacks. The sports court requires a variance to encroach into the front and rear yard setbacks because of the narrowness of the eastern section of the property caused by the roadway easement which traverses the property. The project, together with the variance, will be compatible with the objectives, policies, general land uses, and programs specified in the General Plan. 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 uses. Section 9. Based upon the foregoing findings, and the evidence in the record, the Planning Commission hereby approves Zoning Case No. 24-074 subject to the following conditions: A. Approval for the Site Plan Review, Conditional Use Permits, 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 8 Resolution No. 2024-14 2 Possum Ridge Road (Whitcombe) 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 March 19, 2024 and October 15, 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 Permits, 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 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. 9 Resolution No. 2024-14 2 Possum Ridge Road (Whitcombe) G. Structural lot coverage of the lot shall not exceed 20,282 square feet or 13.34% of the net lot area (20% maximum). The flatwork coverage is 16,697 square feet or 10.99%. The total lot coverage proposed, including structures and flatwork, shall not exceed 36,979 square feet or 24.33% (35% maximum). H. The lot is already developed and the total disturbed area will be 73,800 square feet or 48.56% (maximum 50% permitted provided that no more than fifty percent of the slopes resulting from the grading are greater (steeper) than 3:1, or three units horizontal (run) to one unit vertical (rise)). Grading for this project shall not exceed 2,113 cubic yards of cut and 2,113 cubic yards of fill for a total of 4,226 cubic yards balanced on site. I. The total proposed building pad coverage for the residential main pad is 16,479 square feet or 31.86%, which exceeds the 30% maximum guideline. The total proposed building pad coverage for the stable pad will be 3,380 or 41.96%, which exceeds the maximum 30% 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). 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, 10 Resolution No. 2024-14 2 Possum Ridge Road (Whitcombe) 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. 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 11 Resolution No. 2024-14 2 Possum Ridge Road (Whitcombe) 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. 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. 12 Resolution No. 2024-14 2 Possum Ridge Road (Whitcombe) 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. AL. The recreational game court (sports court) shall comply with all requirements in Section 17.16.210, unless otherwise approved herein. Lighting for the sports court is prohibited. The walkway leading to the recreational game court is for pedestrians only and not for vehicles. The walkway shall have a maximum width of 6 feet and shall have obstructions such as steps, posts or raised curbs to prevent vehicular access. AM. The stable and corral shall comply with all requirements in Sections 17.18.060 and 17.18.090, unless otherwise approved herein. AN. New landscaping in the Rolling Hills Community Association (RHCA) easement is prohibited unless previously approved by RHCA. Landscaping not approved by RHCA in the easement shall be removed from the final landscape plan. 13 Resolution No. 2024-14 2 Possum Ridge Road (Whitcombe) PASSED, APPROVED AND ADOPTED THIS 15th DAY OF OCTOBER, 2024. BRAD CHELF, CHAIRPERSON ATTEST: ____________________________________ CHRISTIAN HORVATH, CITY CLERK 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 Civil Procedure Section 1094.6. 14 Resolution No. 2024-14 2 Possum Ridge Road (Whitcombe) STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 2024-14 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF ZONING CASE NO. 24-074 FOR A SITE PLAN REVIEW AND CONDITIONAL USE PERMITS FOR A RECREATIONAL GAME COURT, STABLE WITH LOFT GREATER THAN 200 SQUARE FEET, CORRAL GREATER THAN 550 SQUARE FEET, AND AN EXISTING BUILDING TO BE CONVERTED TO A MIXED USE BUILDING; AND VARIANCES FOR CONSTRUCTION IN THE FRONT AND REAR YARD SETBACKS, AND DEVIATIONS FROM THE CONDITIONS FOR A CONDITIONAL USE PERMIT PER ROLLING HILLS MUNICIPAL CODE SECTION 17.16.210(A) FOR A PROPERTY LOCATED AT 2 POSSUM RIDGE ROAD, AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (LOT 123-RH) (WHITCOMBE) was approved and adopted at a regular meeting of the Planning Commission on March 19, 2024, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices. __________________________________ CHRISTIAN HORVATH, CITY CLERK