757, Major Modification to a previo, Resolutions & Approval Conditions • l 4 •
RECORDING REQUESTED BY AN
MAIL TO: •
CITY OF ROLLING HILLS '
PLANNING DEPARTMENT
2 PORTUGUESE BEND RD.
ROLLING HILLS, CA 90274
(310) 377-1521
(310) 377-7288 FAX
•
I; RECORDER'S USE ONLY
THE REGISTRAR-RECORDER'S OFFICE REQUIRES THAT THE FORM BE NOTARIZED BEFORE
RECORDATION.
ZONING CASE NO. 757-MODIFICATION
XX SITE PLAN REVIEW
I (We) the undersigned state
I am (We are) the owner(s) of the real property described as follows:
3 APPALOOSA LANE, ROLLING HILLS, (LOT 246-MS), 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 case:
ZONING CASE NO. 757-MODIFICATION
XX SITE PLAN REVIEW
I (We) certify (or declare) under the penalty of perjury that the foregoing is true and correct.
Signature Signature
Name typed or printed Name typed or printed
Address 0 Address
City/State City/State
• * NJ •
See Attached Exhibit "A", RESOLUTION OF APPROVAL NO. 2010-30
Signatures must be acknowledged by a notary public.
State of California )
County of Los Angeles )
On before me,
Personally
appeared
who 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 person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS by hand and official seal.
Signature of Notary ( Seal)
• •
RESOLUTION NO. 2010-30
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS IN ZONING CASE 757
MODIFICATION GRANTING MODIFICATIONS TO A
PREVIOUSLY APPROVED SITE PLAN REVIEW FOR
SUBSTANTIAL GRADING FOR SLOPE STABILIZATION
AND CONSTRUCTION OF A SINGLE FAMILY
RESIDENCE ON A VACANT PARCEL OF LAND AT 3
APPALOOSA LANE (LOT 246-MS), ROLLING HILLS, CA.
(FOZOONMEHR). A MITIGATED NEGATIVE
DECLARATION WAS ADOPTED FOR THE PREVIOUSLY
APPROVED PROJECT.
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 Dr. and Mrs. Shahran
Fozoonmehr with respect to real property located at 3 Appaloosa Lane, (Lot 246-MS),
Rolling Hills, CA requesting modification to previously approved Site Plan Review
consisting of substantial grading (150,000 cubic yards of cut and 150,000 cubic yards of
fill of soil) to achieve slope stabilization on a vacant lot located at 3 Appaloosa Lane and
on two adjacent lots developed with single family residences each, at 17 Buggy Whip
Drive and 19 Buggy Whip Drive, and grading and construction of a single family
residence with garage and basement, swimming pool and a stable.
The modification entails reducing the limits of grading by 18,000 square feet by not
grading on adjacent lots, and instead, to construct 20 caissons along a portion of the •
westerly property line and to reduce the surficial grading quantities by a total of over
17,400 cubic yards. In addition, a drainage terrace with a not to exceed 4.5-foot high
wall is planned to be constructed, as is required by the Los Angeles County Drainage
Engineer. The applicants have also requested that the Planning Commission waive one
of the originally imposed conditions of approval, which requires that a third party
consultant be hired by the City, at the owners' expense, to oversee the project.
Section 2. A Mitigated Negative Declaration was adopted for the previously
approved project. The adopted mitigated measures shall be in full force and effect for
this modification, as the project modification would not introduce potentially
significant environmental impacts that were not previously addressed in the original
Mitigated Negative Declaration.
Section 3. The Planning Commission conducted duly noticed public hearings
to consider the application on November 16, 2010. 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 hearing.
Resolutions & Conditions
RESOLUTION NO. 2010-30
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS IN ZONING CASE 757
MODIFICATION GRANTING MODIFICATIONS TO A
PREVIOUSLY APPROVED SITE PLAN REVIEW FOR
SUBSTANTIAL GRADING FOR SLOPE STABILIZATION
AND CONSTRUCTION OF A SINGLE FAMILY
RESIDENCE ON A VACANT PARCEL OF LAND AT 3
APPALOOSA LANE (LOT 246-MS), ROLLING HILLS, CA.
(FOZOONMEHR). A MITIGATED NEGATIVE
DECLARATION WAS ADOPTED FOR THE PREVIOUSLY
APPROVED PROJECT.
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 Dr. and Mrs. Shahran
Fozoonmehr with respect to real property located at 3 Appaloosa Lane, (Lot 246-MS),
Rolling Hills, CA requesting modification to previously approved Site Plan Review
consisting of substantial grading (150,000 cubic yards of cut and 150,000 cubic yards of
fill of soil) to achieve slope stabilization on a vacant lot located at 3 Appaloosa Lane and
on two adjacent lots developed with single family residences each, at 17 Buggy Whip
Drive and 19 Buggy Whip Drive, and grading and construction of a single family
residence with garage and basement, swimming pool and a stable.
The modification entails reducing the limits of grading by 18,000 square feet by not
grading on adjacent lots, and instead, to construct 20 caissons along a portion of the
westerly property line and to reduce the surficial grading quantities by a total of over
17,400 cubic yards. In addition, a drainage terrace with a not to exceed 4.5-foot high
wall is planned to be constructed, as is required by the Los Angeles County Drainage
Engineer. The applicants have also requested that the Planning Commission waive one
of the originally imposed conditions of approval, which requires that a third party
consultant be hired by the City, at the owners' expense, to oversee the project.
Section 2. A Mitigated Negative Declaration was adopted for the previously
approved project. The adopted mitigated measures shall be in full force and effect for
this modification, as the project modification would not introduce potentially
significant environmental impacts that were not previously addressed in the original
Mitigated Negative Declaration.
Section 3. The Planning Commission conducted duly noticed public hearings
to consider the application on November 16, 2010. 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 hearing.
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Section 4. The property is zoned RAS-2 and is 9.20 acres (gross) in size and
8.20 acres net. The lot is currently vacant. Subject lot is irregular in shape. Portion of
Appaloosa Lane is located within the property and does not follow the roadway
easement line. Geological studies show an ancient landslide underlying the subject lot
and two adjacent lots at 17 and 19 Buggy Whip Drive. To date the lot did not experience
any visible earth movement. The proposed construction requires grading and slope
stabilization to correct the ancient landslide condition on the subject lot and installation
of caissons along the common property lines with the adjacent lots (17 and 19 Buggy
Whip). No grading is proposed on the adjacent lots.
Section 5. The applicant is proposing to excavate the slope failure
area/ancient landslide and replace it with a buttress fill keyed through the ancient slope
failure mass. A buttress fill is proposed along the easterly side of the property. A
buttress is a tightly compacted fill that acts like a retaining wall and is designed to hold
the movement. The grading will be done in progressive slots to avoid stockpiling of
soil. Sub-drains drain pipes and catch basins will be installed throughout the project to
protect the lot from water erosion. A drainage terrace with a 4.5-foot high plantable wall
will also be constructed.
Section 6. In 2003, .the Planning Commission and the City Council approved
an application for the same size development, except that the slope remediation portion
of the application was smaller in scope and size.
During the detailed soils and geology investigation required by the Los Angeles
County Public Works Department for the actual grading of the approved project in
2003, it was determined that the previously delineated ancient landslide extended
further than originally found. The 2003 approval expired, and in 2008 the Planning
Commission approved same application as in 2003, for an 8,990 square foot residence,
2,050 square foot garage, 462 square feet covered porches, 820 square foot swimming
pool, 36 square foot barbecue, 1,264 square feet water feature, 672 square foot future
stable with corral and a service yard. A 6,423 square foot basement was also approved.
The approved construction required grading and slope stabilization to correct
landslide condition on the subject lot and on two adjacent lots at 17 and 19 Buggy
Whip Drive.
Section 7. Since the 2008 approval, one of the adjacent property owners, on
whose property grading was required, withdrew their agreement to allow the applicant
to enter their property and conduct stabilization. The applicants, in order to pursue
approvals for a new residence, were required to revise their plans to meet the building
code requirements for lot stabilization in order to develop the lot. The applicants have
therefore proposed to construct caissons along the common property line with their
neighbors. The applicants submitted the revised soils, geology and caissons plans to the
County Soils and Geology Division and the proposed method of stabilization of the area
of construction was approved.
Section 8. The Glory Trail and Si's Trail cross the property and will be
affected by this project, however they will be restored and improved as part of the
mitigation measures in accordance with the requirements of the Rolling Hills
Community Association.
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Section 9. In 2008, as part of the mitigation measures, a biological resources
study was prepared for the affected properties. The applicants retained a licensed
Biological Resources Consultants to study the natural environment in the area to
determine the impact, if any the proposed project would have on the natural
environment. The consultant's recommendations are incorporated into the conditions of
approval of this resolution and mitigation measures accepted by the applicant.
Section 10. On July 30, 2008, Planning staff prepared an initial study for the
project. The initial study found that the project would not have a significant effect on
the environment if certain mitigation measures were included in the project. A
Mitigated Negative Declaration was prepared for the project and was circulated to the
applicant and other interested parties in accordance with State of California
Environmental Quality Act (CEQA). Copies of the Mitigated Negative Declaration were
sent to adjacent cities and other governmental agencies. The public notice of the
Planning Commission's intent to recommend approval of the Mitigated Negative
Declaration was published on July 5, 2008 in the local newspaper. The adopted
mitigated measures shall be in full force and effect for this modification, as the project
modification would not introduce potentially significant environmental impacts that
were not previously addressed in the original Mitigated Negative Declaration.
Section 11. 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 substantial grading to stabilize the land and construction of the new
residence, pool and future stable and modification to the 2008 project, 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 structures comply 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. The net lot area of the lot is 357,280 square
feet, (8.2 acres). The proposed residence (8,990 sq.ft.), garage (2,050 sq.ft.), service yard
(96 sq.ft.), swimming pool (820 sq.ft.) and future stable (450 sq.ft.) will have 14,438
square feet of structures, which constitutes 3.6% of the net lot which is within the
maximum 20% structural lot coverage requirement. A 6,423 square foot basement is
proposed for this development. The structural net lot coverage proposed is 12,952
square feet or 3.6% (previously 13,638 square feet or 3.8%), which includes all the
structures and future 450 s.f. stable, (20% permitted); and the total lot coverage
proposed including the structures and paved areas is 27,180 sq.ft. or 7.6% (previously
27,296 square feet or 7.6%), (35% permitted). The proposed project is screened from the
road so as to reduce the visual impact of the development. Disturbed area for this
project will be 114,560 square feet or 32.1%, and with future stable 117,620 square feet or
32.9%.
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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 existing trees on
the southern portion on the parcel will remain and will screen the residence from the
neighbors. 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, pool and future stable 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 least intrusive to surrounding
properties, will be screened and landscaped with trees and shrubs, is of sufficient
distance from nearby residences so that the proposed structures will not impact the
view or privacy of surrounding neighbors, and will substantially utilize the existing
most level area for the 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 and the proposed project is consistent with the scale of the neighborhood. The
stabilization of the slope is necessary to prevent future landslide and shall be
implemented in slots (stages), so that the entire affected area is not excavated at the
same time.
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, including the re-vegetation of the existing native
plants to a 4:1 ratio. The project will be conditioned upon compliance with the
conditions contained in this Resolution, and supplement the existing vegetation with
landscaping that is compatible with and enhances the rural character of the community.
Upon completion of the project the graded slopes will be re-vegetated with native trees
and shrubs. A re-vegetation and landscaping plan is required as part of this approval.
E. The development plan follows natural contours of the site to minimize
grading and retain the natural drainage courses. Grading for the residential building
pad will require 11,200 cubic yards of cut and 7,940 cubic yards of fill (previously 9,420
cubic yards of cut soil and 9,420 cubic yards of fill). For the landslide remediation and
buttress fill (key) construction it is estimated that 121,440 cubic yards of cut and same
amount of fill will be necessary. (Previously, grading for stabilization of the entire slide,
including the adjacent lots and the building pad, were approved at 150,000 cubic yards
of cut and 150,000 c.y. of fill). Upon completion of the project the natural drainage
course will be preserved and drainage will continue to the canyons at the east side of
the lot, across Appaloosa Lane. As a result of this activity drainage on site will be
corrected, thus, preventing further erosion of the slopes.
F. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because the proposed
new driveway will be located to maximize sight distance. With the implementation of
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the mitigation measures, during construction, trucks and equipment will not block
Appaloosa Lane and all staging shall be on site. "
G. With the implementation of the proposed mitigation measures, the project
conforms to the requirements of the California Environmental Quality Act.
Section 12. Based upon the foregoing findings, the Planning Commission
hereby approves the Site Plan Review application for Zoning Case No. 757
MODIFICATION for substantial and remedial grading and for construction of a new
residence, pool and future stable as shown on the Development plans dated August 12
and August 21, 2008, and as amended by a plan dated November 5, 2010 subject to the
following conditions:
A. The Site Plan Review approval shall expire on October 16, 2012, unless
construction commences on or prior to that date. This time limit takes into
consideration the time extension approved by Resolution No. 2010-24 for Zoning Case
No. 757. Pursuant to the Zoning Ordinance, no further extension may be granted.
B. It is declared and made a condition of the Site Plan Review approval, 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. A project superintendent shall be available on site at all times during
regular working hours and prior to start of construction a phone number where he/she
can be reached shall be provided to City staff and be available on site.
D. All requirements of the Los Angeles County Codes, City's Building and
Construction Ordinance, 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.
E. This approval includes 20 caissons, or as maybe required by the L.A.
County Soils and Geology Division and no grading or disturbance shall extend onto the
adjacent properties, unless mutually agreed on and approved by the City and the
Building and Safety and/or Public Works Department.
E(1). The property line along the area of grading and caissons installation shall
be staked throughout the grading process. Such staking shall be in place at all times
during grading and not be removed or disturbed.
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. Prior to submittal of final plans to the Building Department for
issuance of grading and/or building permits, the plans for the project shall be
submitted to staff for verification that the final plans are in compliance with the plans
approved by the Planning Commission and that were approved by the RHCA
Architectural Committee.
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G. Grading shall not exceed 11,200 cubic yards of cut and 7,940 cubic yards of
fill for the residential building pad. For the landslide remediation and buttress fill (key)
construction grading shall be kept to the maximum extent practicable to no more than
121,440 cubic yards of cut and same amount of fill. Grading for the future stable shall
not exceed 72 cubic yards of cut and 72 cubic yards of fill for a 1,200-sq.ft pad.
Additional grading may be required for a larger stable pad and shall be submitted for
approval to the City.
H. This approval does not include the construction of a stable and corral.
Future construction of a stable and corral shall meet the development standards and
process for stables in Section 17.18 of the Zoning Ordinance.
I. The remediation shall be conducted in slots to minimize stockpiling of dirt
on the lot. Only the dirt from the basement and other excavation activities may be
exported. Otherwise, the grading shall be balanced on site.
J. Structural net lot coverage shall not exceed 12,952 square feet or 3.6%,
which includes all the structures and future 450 s.f. stable; and the total lot coverage
including the structures and paved areas shall not exceed 27,180 sq.ft. or 7.6%.
K. Disturbed area for this project shall not exceed 114,560 square feet or
32.1%, and with future stable 117,620 square feet or 32.9%, which includes the previously
graded area at the north eastern corner of the lot to accommodate slope stabilization on
the adjacent lot (5 Sagebrush Lane).
L. The residential building pad shall not exceed 38,080 square feet and will
have coverage of 12,004 or 31.5%. Coverage on the 1,200 square foot future stable pad is
proposed at 450 square feet or 37.5%.
M. The proposed basement shall not exceed 6,423 square feet and shall meet
all requirements of the Los Angeles County Building Code and City Zoning Ordinance
for basements, including exit door and provision for light and ventilation.
N. Prior to final inspection, the disturbed and graded areas shall be
landscaped. Landscaping shall include water efficient irrigation, to the maximum extent
feasible, that incorporates low gallonage irrigation system, utilizes automatic
controllers, incorporates an irrigation design using "hydrozones," considers slope
factors and climate conditions and meets the City's Water Efficient Landscaping
Ordinance. To the maximum extent practicable, native trees and other native plants
shall be utilized. If trees are to be used in the landscaping scheme for this project, they
shall be mature when planted and which at full maturity shall not exceed 20 feet in
height; shrubs shall be planted so as not to obstruct views of neighboring properties
but, to screen the residential structure on site.
O. Two copies of the landscaping and irrigation plan for the graded/repaired
and revegetated areas as well as for builidng pad areas and a cost estimate for material,
labor and irrigation to implement the landscaping plan, shall be submitted for review
by the Planning Department and City's landscaping consultant prior to issuance of a
grading permit. Fire Department review of the landscaping shall also be required.
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A bond in the amount of the cost estimate of the implementation of the
landscaping plan plus 15% shall be required to be posted prior to issuance of a grading
permit and shall be retained with the City for not less than two years after landscape
installation. A licensed biologist, at the applicant's expense, shall monitor the growth of
the landscaping for a minimum of two growing seasons immediately following
planting, and provide status reports to the Planning staff on an annual basis. After the
two-year growing season, upon the request of the applicant, the retained bond will be
released by the City only after staff determines that the landscaping was installed
pursuant to the landscaping plan as approved, and that such landscaping is properly
established and in good condition.
P. Prior to the issuance of grading permit, at the sole expense of the
applicant, a licensed biologist or licensed plant specialist shall meet with the general
contractor and grading contractor for an explanation of the boundaries of the native
vegetation, the boundaries of those areas permitted to be removed and replanted, and
the restrictions contained in this resolution pertaining to biological resources including
the restrictions on construction during bird nesting period, which is from April 15 to
September 15. If grading or construction is to take place during this period, the biologist
shall recommend additional appropriate mitigation measures. The City shall approve
the consultant.
Q. The lost native vegetation areas (0.39 acres) shall be re-vegetated pursuant
to the recommendations of the licensed biologist and be in the amount of 4:1 ratio. The
landscaping shall commence within 30 days following the completion of grading.
R. Nothing contained in these conditions shall limit the authority of the City
to require additional areas or greater areas of the parcels to be re-vegetated to mitigate
additional impacts. No grading, development or removal of live mature vegetation
shall be permitted in areas not approved for remediation or construction. In the event
removal or thinning of mature natural vegetation is required to comply with the Fire
Department regulations, least invasive technique shall be utilized.
S. To the greatest extent practicable, the mature trees along Appaloosa Lane
along subject property shall be retained.
T. The applicant shall comply with the City's Recycling Ordinance and shall
assure that a minimum of 50% of construction and demolition material is recycled or
diverted from landfill, including the trees lost due to remediation and grading activity.
U. No irrigation or drainage device may be located on a property in such a
manner as to contribute to erosion or in any way adversely affect an easement, trail or
adjacent properties. The ground swale and dissipaters 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. Any drainage
device, if required by the LA County Public Works Department, located at or in the
vicinity of the trails or easements shall be reviewed and approved by the RHCA.
V. • The drainage terrace shall be of earth tone color to blend into the natural
environment and the wall shall be planted, and shall not exceed 4.5 feet in height. The
Resolution No.2010-30
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proposed wall along the graded pad area shall not exceed 5 feet in height at any one
point and be of earth tone color.
W. No chemicals, including but not limited to fertilizers, pesticides,
herbicides, detergents, chlorine or pool chemicals, shall be used, disposed of, or allowed
to drain into adjacent areas, except fertilizers approved by a City approved biologist.
X. An opaque construction fence shall be installed along Appaloosa Lane
and maintained in good condition throught the entire time the project is under
construction. Such fence shall not block any easements or usable trails.
Y. The proposed driveway is subject to the Traffic Commission
requirements, which includes:
a. The driveway apron shall be 20 feet in width and have a roughened
surface for equastrian crossing.
b. A 5-foot radius shall be incorporated into each side of the driveway as
it meets the roadway.
c. The applicant shall remove 3 oleander bushes uphill on the opposite
side of the roadway from the driveway entrance to allow for sight distance.
Z. All utility lines to the proposed structures shall be placed underground.
AA. The roof material for the new residence shall comply with the City of
Rolling Hills and RHCA Building Code requirements. The property owners shall be
required to conform to the City of Rolling Hills outdoor lighting requirements and all
other regulations of the Zoning Ordinance.
AB. To the greatest extent practicable Si's trail shall remain open to the public
at all times during grading and construction. A portion of the Glory Trail will be closed
during construction. Said trail shall be repaired and re-established, including signage,
to the satisfaction of the Rolling Hills Community Association and Caballeros. The
applicant shall be required to post signage during closure of trails.
AC. During grading activities, should any archaeological artifacts be found,
the applicant shall immediately cease any activity and at his sole expense, contact an
archeologist, approved by the City to review the object(s). Should it be determined by
the archaeologist that significant unique archaeological resources are present within the
project area procedures for temporarily halting or redirecting work to permit the
sampling, identification, and evaluation of the artifacts as appropriate shall be
developed. If additional or unexpected unique archaeological features are discovered,
the archaeologist shall report such findings to the applicant and to the City Manager. If
the archaeological resources are found to be significant, the City and the professional
investigator shall determine appropriate action, in cooperation with the applicant, for
exploration and/or salvage. The developer shall comply with the mitigation measures
recommended and approved by the City for the disposition, mitigation or salvage of
such material. These actions, as well as final mitigation and disposition of the resources,
shall be subject to the approval of the City Manager. The City Manager's decision will
be considered final unless an appeal is filed in accordance with Section 17.54 of the
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Rolling Hills Municipal Code. The developer shall incur the cost of any professional
investigation.
AD. The property owners shall be required to conform with South Coast Air
Quality Management District, Los Angeles County and local ordinances and
engineering practices during construction by using dust control measures to stabilize
the soil from wind erosion and reduce dust generated by construction activities as
follows:
Fugitive Dust
a. A Comprehensive Fugitive Dust Control Program shall be developed and
implemented before commencement of grading activities, subject to review
and approval of the City staff.This Plan, at minimum, shall address
compliance with SCAQMD Rule 403, including:
-Water the site twice daily, including the stockpiled dirt
-Apply non-toxic soil stabilizers to inactive graded areas
- Periodically clean the roads at the end of the day if visible soil is carried
onto paved roads adjacent to the site. If water sweeper is to be used, it shall
use reclaimed water
-Install wheel washers where vehicles enter and exit the construction site
onto paved roads or wash off trucks and any equipment leaving the site each
trip
- Appoint a construction relations officer to act as a community liaison
concerning on-site construction activity including resolution of issues related
to PM10 dust generation
- All trucks hauling dirt, sand, soil, or other loose materials shall be covered
-Traffic speed limits shall be observed at all times
The applicants shall explore the feasibility of using reclaimed water for all of
their watering requirements during construction.
b. A High Wind Response Plan shall be developed and implemented before
commencement of grading activities, subject to review and approval of the
City staff in accordance with Rule 403 of the SCAQMD for times when wind
speeds exceed 25 mph to reduce emissions.
Construction Equipment Exhaust
c. Heavy construction equipment shall be properly tuned and maintained to
reduce emissions. Construction equipment shall be fitted with the most
modern emission control devices. The construction manager shall monitor
compliance with this measure and is subject to periodic inspections by City
Building Inspectors.
d. The project shall comply with Rule 461, which establishes requirements for
vapor control from the transfer of fuel from the fuel truck to vehicles, if
applicable,both during construction and subsequent operations.
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e. Provide temporary traffic controls such as a flag person, during the delivery
of heavy equipment or building materials to maintain smooth traffic flow.
f. Use electricity from power poles rather than temporary diesel or gasoline
power generators.
g. Reroute construction haul trucks away from congested streets or sensitive
receptor areas.
h. No vehicles shall idle in excess of five minutes,both on-site and off-site.
AE. The applicant shall submit a geotechnical report for review and approval
by the County of Los Angeles Geologist prior to issuance of a grading permit. Prior to
the submittal of an applicable final grading plan to the County of Los Angeles for plan
check, a detailed grading and drainage plan with related geology, soils and hydrology
reports must be submitted to the Rolling Hills Planning Department staff for their
review.
AF. Cut and fill slopes shall not exceed steepness of a 2 to 1 slope ratio. To the
greatest extent practicable, effort should be made to create gentler slopes than 2:1.
AG. Intensive geotechnical review and supervision shall be required
throughout the time the project is ongoing.
AH. As part of the soils and geology report, location for a future septic tank to
serve the new single family residence will be established. All applicable State and
County requirements, including County Health Department, pertaining to septic tanks
construction and maintenance shall be complied with.
AI. The applicant shall comply with LA County requirements relative to
submitting grading and construction plans on a bi-weekly basis, or as otherwise
required by the County engineers.
AJ. The applicant shall comply with LA County requirements for bonding for
grading and all other requirements resulting from their review of the soils and geology
reports.
AK. The applicant shall submit and obtain approval of a drainage plan from
the Los Angeles County Building Official, prior to issuance of any grading permits
and/or a building permit for new construction.
AL. The applicant shall submit and obtain approval of a Local Stormwater
Pollution Prevention Plan (SWPPP) to the City of Rolling Hills and Los Angeles County
Building Official, prior to issuance of any grading permits and/or a building permit for
new construction.
AM. The applicant shall submit and obtain approval of a Standard Urban
Stormwater Mitigation Plan (SUSMP) to the City of Rolling Hills and Los Angeles
Resolution No.2010-30
Fozoonmehr
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County Building Official, prior to issuance of any grading permits and/or a building
permit for new construction.
AN. The applicant shall submit a Notice of Intent to the State Water Resource
Control Board under the General Construction Activity Storm Water Permit for grading
of one acre or more of land area and shall meet all of the permitting requirements.
AO. An Erosion Control Plan per County of Los Angeles Uniform Building
Code requirements shall be prepared to minimize erosion and to protect slopes and
channels to control stormwater pollution as required by the County of Los Angeles.
AP. During construction, the property owners shall be required to schedule and
regulate construction activities including related traffic, and therefore limit noise
throughout the day between the hours of 7 AM and 6 PM, Monday through Saturday
only.
AQ. During grading and construction operations, trucks shall not park, queue
and/or idle at the project site or in the adjoining right-of-way before or after the
permitted hours of operations. In addition, there shall be no staging of equipment or
accumulation of vehicles on Appaloosa Lane. All staging and parking shall be on the
subject site.
AR. The contractors and subcontractors are to encourage their employees to car-
pool into the City.
AS. During grading/construction proper construction signs shall be installed
along the street warning drivers of the construction.
AT. The contractor shall ensure that there is no unnecessary delay of traffic
along off site access roads by heavy equipment blocking traffic.
AU. Construction activities shall be organized so as not to interfere
significantly with peak-hour traffic and minimize obstruction of traffic lanes and if
necessary, a flag person shall be retained to maintain safety adjacent to the existing
roadways.
AV. Should any damage occur to Appaloosa Lane, due to the project
construction, in the area between the project site and the intersection of Appaloosa Lane
and Blackwater Canyon Road, the applicant shall repair that stretch of Appaloosa Lane
within three months of completion of the construction of the residence. Prior to
commencing grading the applicants shall submit to the Planning Department pictures
of Appaloosa Lane and the area where it intersects Blackwater Canyon Road.
AW. A bond in the amount of the cost estimate of the repair of Appaloosa Lane,
plus 20% City administrative cost, shall be required to be posted with the City prior to
Issuances of a grading permit and shall be retained until the street is repaired, if such
repair is required. Such street shall be repaired to LA County Road Construction
standards and to the satisfaction of RHCA.
Resolution No.2010-30
Fozoonmehr
11
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•
The applicant shall be responsible for keeping the roadway open to pedestrian,
vehicular and emergency traffic at all times during construction, including providing
alternative access, if it becomes necessary.
AX. The property owners shall be required to conform with the Regional
Water Quality Control Board, County Public Works Department and all other applicable
state, federal and local statutes and regulations related to Best Management Practices
(BMP's) related to solid waste.
AY. 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.
AZ The applicant shall pay all of the applicable Los Angeles County
Building and Safety and Public Works Department fees, including City's Parks and
Recreation Fees and Palos Verdes Unified School District fees for new residence.
BA. The applicants shall execute an Affidavit of Acceptance of all conditions
of the Site Plan Review approval, pursuant to Section 17.46.060, or the approval shall not
be effective.
BB. All conditions of the Site Plan Review approvals, which apply, must be
complied with prior to the issuance of grading permit from the County of Los Angeles.
BC. Notwithstanding sections 17.46.020 and 17.46.070 of the Rolling Hills
Municipal Code, any future construction on the property, which would constitute
structural development or grading, may be approved with the Planning Commission
review.
BD. If a different than the traditional method of grading for slope stabilization
and development is approved by LA County Public Works Department, for example
"tensar" construction, and it is utilized in this project, the applicant shall submit such
information to City staff, with modified grading calculations and limits of grading, if
different than approved by this resolution. If the grading quantities and limits of
grading turn out to be less than approved hereby, such information shall be provided to
the Planning Commission for information only. Should the grading quantities or limit
of grading be greater, the applicant shall file a modification to this approval and it shall
be reviewed and approved by the Planning Commission, pursuant to Section
17.46.070(D) of the Zoning Ordinance.
BE. Any action challenging the final decision of the City made as a result of the
public hearings 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.
BF. The property owner shall defend, indemnify, and hold harmless the City of
Rolling Hills and its officers, employees and agents from and against any claim, action
or proceeding against the City of Rolling Hills, its officers, employees, or agents to
attack, set aside, void, or annul any approval or condition of approval of the City of
Resolution No.2010-30
Fozoonmehr
12
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. , ,
Rolling Hills concerning this Site Plan Review application, including but not limited to
any approval or condition of approval of the City Council, Planning Commission, City
Manager or Planning Director. The City shall promptly notify the applicant of any
claim, action, or proceeding concerning the application and the City shall cooperate
fully in the defense of the matter. The City reserves the right, at its own option, to
choose its own attorney to represent the City, its officers, employees and agents in the
defense of the matter.
PASSED, APPROVED AND ADOPTED THIS 21st DAY OF DECEMBER 2010.
.( / /, hit/-i
J V. SMITH, CHAIRPERSON
ATTEST:
a4etuLLAAw
HEIDI LUCE, DEPUTY CITY CLERK
Resolution No.2010-30
Fozoonmehr
13
r
. • .
•
•
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2010-30 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING
HILLS IN ZONING CASE 757 MODIFICATION GRANTING MODIFICATIONS TO A
PREVIOUSLY APPROVED SITE PLAN REVIEW FOR SUBSTANTIAL GRADING FOR
SLOPE STABILIZATION AND CONSTRUCTION OF A SINGLE FAMILY RESIDENCE
ON A VACANT PARCEL OF LAND AT 3 APPALOOSA LANE (LOT 246-MS),
ROLLING HILLS, CA. (FOZOONMEHR). A MITIGATED NEGATIVE DECLARATION
WAS ADOPTED FOR THE PREVIOUSLY APPROVED PROJECT.
was approved and adopted at a regular meeting of the Planning Commission on
December 21, 2010 by the following roll call vote:
AYES: Commissioners Chelf,DeRoy, Henke, Pieper and Chairperson Smith.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted,at Administrative Offices.
aQULb ,W1Ji
DEPUTY CITY CLERK
Resolution No.2010-30
Fozoonmehr
14
•
RESOLUTION NO. 2010-24
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS GRANTING A TIME EXTENSION TO
COMMENCE CONSTRUCTION OF A PROJECT APPROVED BY
PLANNING COMMISSION BY RESOLUTION NO. 2008-15 FOR A
SITE PLAN REVIEW FOR SUBSTANTIAL GRADING FOR SLOPE
STABILIZATION AND CONSTRUCTION OF A NEW SINGLE
FAMILY RESIDENCE, ATTACHED GARAGE, POOL AND A
FUTURE STABLE IN ZONING CASE NO. 757 AT 3 APPALOOSA
LANE, LOT 246-MS, (FOZOONMEHR).
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 Dr. and Mrs. Shahran
Fozoonmehr with respect to real property located at 3 Appaloosa Lane, Rolling Hills
(Lot 246-MS) requesting a two-year time extension for previously approved Site Plan
Review for substantial grading (150,000 cubic yards of cut and 150,000 cubic yards of
fill of soil) over an 126,000 square foot area, (2.89 acres), to achieve slope stabilization
on a vacant lot located at 3 Appaloosa Lane and on two adjacent lots, developed with
single family residences each, at 17 Buggy Whip Drive and 19 Buggy Whip Drive (Lot
246-MS, Lot 6-BW and Lot 247-5-MS), and grading and construction of a 8,990 square
foot single family residence, 2,050 square foot garage, 820 square foot swimming pool,
service yard, barbecue and a 450 square foot future stable. A 6,423 square foot
basement is also proposed.
Section 2. The applicants have prepared plans and submitted to Los
Angeles County Public Works Department for review. A revision to the plans is
necessary, as the adjacent property owners withdrew their approval for grading on
their properties.
Section 3. The Commission considered this item at a meeting on September
21, 2010 at which time information was presented indicating that additional time is
needed to complete review of the proposed project, and therefore the construction.
Section 4. Based upon information and evidence submitted, the Planning
Commission does hereby amend Paragraph A, of Section 12 of Resolution No. 2008-15
to read as follows:
A. The Site Plan Review approval shall expire within four years from the
effective date of approval as defined in Sections 17.46.080(A) of the Zoning
Ordinance.
Section 5. Except as herein amended, the provisions and conditions of
Resolution No. 2008-15 shall continue to be in full force and effect.
• •
PASSED, APPROVED AND ADOPTED THIS 21st DAY OF SEPTEMBER 2010.
J
G r
J V. SMITH, CHAIRPERSON
ATTEST: 01 TA
ig) CO
HEIDI LUCE,DEPUTY CITY CLERK
• •
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2010-24 entitled:
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS GRANTING A TIME EXTENSION TO
COMMENCE CONSTRUCTION OF A PROJECT APPROVED BY
PLANNING COMMISSION BY RESOLUTION NO. 2008-15 FOR A
SITE PLAN REVIEW FOR SUBSTANTIAL GRADING FOR SLOPE
STABILIZATION AND CONSTRUCTION OF A NEW SINGLE
FAMILY RESIDENCE, ATTACHED GARAGE, POOL AND A
FUTURE STABLE IN ZONING CASE NO. 757 AT 3 APPALOOSA
LANE, LOT 246-MS, (FOZOONMEHR).
was approved and adopted at a regular meeting of the Planning Commission
on September 21, 2010 by the following roll call vote:
AYES: Commissioners Chelf, Henke, Pieper and Chairperson Smith.
NOES: None.
ABSENT: Commissioner DeRoy.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices
cif 66)
DEPUTY CITY CLERK
• w
RESOLUTION NO. 2008-15
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW
FOR SUBSTANTIAL GRADING FOR SLOPE STABILIZATION ON 3
APPALOOSA LANE AND ON TWO ADJACENT PROPERTIES, (17 AND
19 BUGGY WHIP DRIVE) AND FOR CONSTRUCTION OF A NEW
SINGLE FAMILY RESIDENCE, POOL AND A FUTURE STABLE ON A
VACANT PARCEL OF LAND AT 3 APPALOOSA LANE IN ZONING
CASE NO. 757 (LOT 246-MS), (FOZOONMEHR).
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 Dr. and Mrs. Shahran
Fozoonmehr with respect to real property located at 3 Appaloosa Lane, (Lot 246-MS),
Rolling Hills, CA requesting a Site Plan Review for substantial grading (150,000 cubic
yards of cut and 150,000 cubic yards of fill of soil) over an 126,000 square foot area, (2.89
acres), to achieve slope stabilization on a vacant lot located at 3 Appaloosa Lane and on
two adjacent lots, developed with single family residences each, at 17 Buggy Whip
Drive and 19 Buggy Whip Drive (Lot 246-MS, Lot 6-BW and Lot 247-5-MS), and grading
and construction of a 8,990 square foot single family residence, 2,050 square foot garage,
820 square foot swimming pool, service yard, barbecue and a 450 square foot future
stable. A 6,423 square foot basement is also proposed.
Section 2. The Planning Commission conducted duly noticed public hearings
to consider the application on July 15 and August 19, 2008 and at a field trip visit on
August 19, 2008. 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. Several neighbors attended the hearings and
expressed their opinion and a letter in favor of the project was also submitted.
Section 3. The property is zoned RAS-2 and is 9.20 acres (gross) in size and
8.20 acres net. The lot is currently vacant. Subject lot is irregular in shape. Portion of
Appaloosa Lane is located within the property and does not follow the roadway
easement line. Geological studies show an ancient landslide underlying the subject lot
and two adjacent lots at 17 and 19 Buggy Whip Drive. To date the lot did not experience
any visible landslide or movement of earth. The proposed construction requires grading
and slope stabilization to correct the ancient landslide condition on the subject lots.
Section 4. The applicant is proposing to excavate the slope failure
area/ancient landslide and replace it with a buttress fill keyed through the ancient slope
• •
failure mass. A buttress fill is proposed along the easterly side of the property and
along the north westerly sides of the lot. A buttress is a tightly compacted fill that acts
like a retaining wall and is designed to hold the movement. The grading will be done in
progressive slots to avoid stockpiling of soil. Sub-drains, drain pipes and catch basins
will be installed throughout the project to protect the lot from water erosion.
Section 5. In 2003, the Planning Commission and the City Council approved
an application for the same size development, except that the slope remediation portion
of the application was smaller in scope and size.
During the detailed soils and geology investigation required by the Los Angeles County
Public Works Department for the actual grading of the approved project in 2003, it was
determined that the previously delineated ancient landslide extended much further
than originally found. Therefore, the Los Angeles County Public Works Division would
not approve the project without having the applicant remediate the entire slide. The
applicant conducted additional investigation and is proposing to remediate the entire
slide area, which continues onto adjacent properties, 17 and 19 Buggy Whip Drive.
Section 6. The Glory Trail and Si's Trail cross the property and will be
affected by this project, however they will be restored and improved as part of the
mitigation measures in accordance with the requirements of the Rolling Hills
Community Association.
Section 7. As part of the mitigation measures, a biological resources study
was prepared for the affected properties. The applicants retained a licensed Biological
Resources Consultants to study the natural environment in the area to determine the
impact, if any, the proposed project would have on the natural environment. The
consultant's recommendations are incorporated into the conditions of approval of this
resolution and mitigation measures accepted by the applicant.
Section 8. On July 30, 2008, Planning staff prepared an initial study for the
project. The initial study found that the project would not have a significant effect on
the environment if certain mitigation measures were included in the project. A
Mitigated Negative Declaration was prepared for the project and was circulated to the
applicant and other interested parties in accordance with State of California
Environmental Quality Act (CEQA). Copies of the Mitigated Negative Declaration were
sent to adjacent cities and other governmental agencies. The public notice of the
Planning Commission's intent to recommend approval of the Mitigated Negative
Declaration was published on July 5, 2008 in the local newspaper.
Section 9. The Planning Commission reviewed the proposed Mitigated
Negative Declaration and finds that it represents the independent judgment of the City,
that it incorporates comments received from the Air Quality Management District and
that it was prepared in compliance with CEQA requirements. Therefore, the Planning
Commission finds that although the proposed project could have an effect on the
Resolution No.2008-15
Fozoonmehr
2
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immediate environment, there will not be a significant effect in this case because
mitigation measures have been added to the project, and are incorporated herein to
reduce the environmental effects to a level of insignificance.
Based on these findings, the Planning Commission hereby adopts the Mitigated
Negative Declaration and mitigation measures in accordance with the CEQA
requirements.
Section 10. The Los Angeles County Department of Public Works Land
Development Division and Soils and Geology Divisions reviewed the subject
application for the slope repair. The Los Angeles County staff found that the proposed
approach and methodology for slope repair is appropriate and are working with the
applicant to finalize their approval. The applicant's engineer has consulted with other
agencies having jurisdiction in this case and is working towards obtaining their permits
and certifications No grading or repair work shall be permitted, until the applicant
secures all necessary approvals and permits. In addition, no grading or repair work
shall be permitted, until the applicant secures agreements with the adjacent property
owners to enter their properties for the purpose of remediation of the slope.
Section 11. 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 substantial grading to stabilize the land and construction of the new
residence and stable, 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 structures comply 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. The net lot area of the lot is 357,280 square
feet, (8.2 acres). The proposed residence (8,990 sq.ft.), garage (2,050 sq.ft.), service yard
(96 sq.ft.), swimming pool (820 sq.ft.) and future stable (450 sq.ft.) will have 14,438
square feet of structures, which constitutes 3.6% of the net lot which is within the
maximum 20% structural lot coverage requirement. A 6,423 square foot basement is
proposed for this development The total lot coverage including all structures, paved
areas and driveway will be 25,900 square feet, which constitutes 7.3% 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 32.3%, which is within the 40% maximum
permitted, and includes the stable.
Resolution No.2008-15
Fozoonmehr
3
1
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The net lot area of 17 Buggy Whip Drive is 70,750 sq.ft., of which 13,680 square feet will
be disturbed for slope remediation. The disturbed area of this lot is proposed at 35.9%,
which includes the existing and proposed disturbance.
The net lot area for 19 Buggy Whip Drive is also 70,750 sq.ft., of which 2,664 square feet
will be disturbed for slope remediation. The disturbed area of this lot is proposed at
36.9%, which includes the existing and proposed disturbance.
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 existing trees on
the southern portion on the parcel will remain and will screen the residence from the
neighbors. 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, pool and future stable 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 least intrusive to surrounding
properties, will be screened and landscaped with trees and shrubs, is of 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 most
level area for the 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 and the proposed project is consistent with the scale of the neighborhood. The
stabilization of the slope is necessary to prevent future landslide and shall be
implemented in slots (stages), so that the entire affected area is not excavated at the
same time.
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, including the re-vegetation of the existing native
plants to a 4:1 ratio. The project will be conditioned upon compliance with the
conditions contained in this Resolution, and supplement the existing vegetation with
landscaping that is compatible with and enhances the rural character of the community.
Upon completion of the project the graded slopes will be re-vegetated with native trees
and shrubs. A re-vegetation and landscaping plan is required as part of this approval.
E. The development plan follows natural contours of the site to minimize grading
and retain the natural drainage courses. Grading for the construction of the structures
will involve 9,420 cubic yards of cut and 9,420 cubic yards of fill and will be balanced on
site. Stabilization of the landslide area of 2.89 acres will involve 150,000 cubic yards of
cut and 150,000 cubic yards of fill, which will also remain on site and not be exported.
Upon completion of the project the natural drainage course will be
Resolution No.2008-15
Fozoonmehr
4
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preserved and drainage will continue to the canyons at the east side of the lot,
across Appaloosa Lane. As a result of this activity drainage on site will be corrected,
thus, preventing further erosion of the slopes. This project will also correct erosion on
the adjacent property by installing proper drainage devices.
F. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because the proposed
new driveway will be located to maximize sight distance. With the implementation of
the mitigation measures, during construction, trucks and equipment will not block
Appaloosa Lane and all staging shall be on site.
G. With the implementation of the proposed mitigation measures, the project
conforms to the requirements of the California Environmental Quality Act.
Section 12. Based upon the foregoing findings, the Planning Commission
hereby approves the Site Plan Review application for Zoning Case No. 757 for
substantial and remedial grading and for construction of a new residence, pool and
future stable as shown on the Development Plan dated July 9, 2008 and the revised
plans dated August 12 and August 21, 2008, subject to the following conditions:
A. The Site Plan Review approval shall expire within two years from the
effective date of approval if construction pursuant to this approval has not commenced
within that time period, as required by Section 17.46.080(A) of the Municipal Code, or
the approval granted is otherwise extended pursuant to the requirements of that
section.
B. It is declared and made a condition of the Site Plan Review approval, that
if any conditions thereof are violated, this approval shall be suspended Rolling Hills
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. The applicant shall reimburse the City for the cost of an independent
construction consultant who shall be hired by the City to act as a construction relations
officer to monitor the construction activity, including resolution of issues related to
implementation of mitigation measures for this project and to assure that all of the
conditions of this approval are being complied with. The applicant shall reimburse the
City for the actual direct costs of the consultant plus 20% of the consultant's costs as
administrative overhead.
D. All requirements of the Los Angeles County Codes, City's Building and
Construction Ordinance, 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.
Resolution No.2008-15
Fozoonmehr
5
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i
E. Prior to issuance of a grading permit, the applicant shall submit to the
City a copy of an executed agreement between the neighbors of 17 and 19 Buggy Whip
Drive and the applicant to allow the applicant to proceed with the slope remediation
work on their properties.
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. Prior to submittal of final plans to the Building Department for
issuance of grading and/or building permits, the plans for the project shall be
submitted to staff for verification that the final plans are in compliance with the plans
approved by the Planning Commission and that were approved by the RHCA
Architectural Committee.
G. Grading shall not exceed 150,000 cubic yards of cut and 150,000 cubic
yards of fill and shall be balanced on site and shall indude the repair of the ancient
landslide. The remediation shall be conducted in slots to minimize stockpiling of dirt on
the lot.
H. Structural lot coverage shall not exceed 14,438 square feet or 3.6%.
I. Total lot coverage of structures and paved areas shall not exceed 25,900
square feet or 7.3% in conformance with lot coverage limitations.
J. The disturbed area of the lot (3 Appaloosa Lane) shall not exceed 115,656
square feet or 32.3% of the net lot area in conformance with lot disturbance limitations,
which includes the previously graded area at the north eastern corner of the lot to
accommodate slope stabilization on the adjacent lot(Sagebrush Lane).
The net lot area of 17 Buggy Whip Drive is 70,750 sq.ft., of which 13,680 square feet will
be disturbed for slope remediation. The disturbed area of this lot shall not exceed 35.9%,
which includes the existing and proposed disturbance.
The net lot area for 19 Buggy Whip Drive is also 70,750 sq.ft., of which 2,664 square feet
will be disturbed for slope remediation. The disturbed area of this lot shall not exceed
36.9%, which includes the existing and proposed disturbance.
K. Residential building pad coverage on the 39,208 square foot residential
building pad shall not exceed 12,004 square feet or 30.6%; coverage on the proposed
2,380 square foot stable pad shall not exceed 450 square feet or 18.9%.
L. The proposed basement shall not exceed 6,423 square feet and shall meet
all requirements of the Los Angeles County Building Code and City Zoning Ordinance
for basements, including exit door and provision for light and ventilation.
M. The disturbed and graded areas shall be landscaped. Landscaping shall
include water efficient irrigation, to the maximum extent feasible, that incorporates low
Resolution No.2008-15
Fozoonmehr
6
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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. To the
maximum extend practicable, native trees and other native plants shall be utilized. If
trees are to be used in the landscaping scheme for this project, they shall be mature
when planted and which at full maturity shall not exceed 20 feet in height; shrubs shall
be planted so as not to obstruct views of neighboring properties but, to screen the stable
and residential structure on site.
N. Two copies of the landscaping and irrigation plan for the graded/repaired
and revegetated areas and a cost estimate for material, labor and irrigation to
implement the landscaping plan, shall be submitted for review by the Planning
Department and City's landscaping consultant prior to the issuance of a grading permit.
A bond in the amount of the cost estimate of the implementation of the
landscaping plan plus 15% shall be required to be posted prior to issuance of a grading
permit and shall be retained with the City for not less than two years after landscape
installation. A licensed biologist, at the applicant's expense, shall monitor the growth of
the landscaping for a minimum of two growing seasons immediately following
planting, and provide status reports to the Planning staff on an annual basis. After the
two-year growing season, upon the request of the applicant, the retained bond will be
released by the City only after staff determines that the landscaping was installed
pursuant to the landscaping plan as approved, and that such landscaping is properly
established and in good condition.
O. Prior to the issuance of any grading permit, at the sole expense of the
applicant, a licensed biologist or licensed plant specialist shall meet with the general
contractor and grading contractor for an explanation of the boundaries of the native
vegetation, the boundaries of those areas permitted to be removed and replanted, and
the restrictions contained in this resolution pertaining to biological resources including
the restrictions on construction during bird nesting period, which is from April 15 to
September 15. If grading or construction is to take place during this period, the biologist
shall recommend additional appropriate mitigation measures. The City shall approve
the consultant.
P. The lost native vegetation areas (0.39 acres) shall be re-vegetated pursuant
to the recommendations by the licensed biologist and be in the amount of 4:1 ratio. The
landscaping shall commence within 30 days following the completion of grading.
Q. Landscaping for the areas around the residence and other structures, (fuel
modification zone) shall be designed as a native plant area, with low density of
speciment shrubs and high cover by low combustible species. The landscaping plan and
cost estimate in condition "N" above could include landscaping for the fuel
modification area or it may be submitted as a separate plan and bond. The fuel
modification area plan shall be reviewed and approved by the Los Angeles Fire
Department.
Resolution No.2008-15
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R. Nothing contained in these conditions shall limit the authority of the City
to require additional areas or greater areas of the parcels to be re-vegetated to mitigate
additional impacts. No grading, development or removal of live mature vegetation
shall be permitted in areas not approved for remediation or construction. In the event
removal or thinning of mature natural vegetation is required to comply with the Fire
Department regulations, least invasive technique shall be utilized.
S. To the greatest extent practicable, the mature trees along Appaloosa Lane
along subject property shall be retained. A minimum of 50% of the trees lost due to
remediation and grading activity shall be recycled and a report on recycling shall be
submitted to the City.
T. No chemicals, including but not limited to fertilizers, pesticides,
herbicides, detergents, chlorine or pool chemicals, shall be used, disposed of, or allowed
to drain into adjacent areas, except fertilizers approved by a City approved biologist.
U. An opaque construction fence shall be installed along Appaloosa Lane
and maintained in good condition throught the entire time the project is under
construction. Such fence shall not block any easements or usable trails.
V. The proposed driveway is subject to the Traffic Commission
requirements, which includes:
a. The driveway apron shall be 20 feet in width and have a roughened
surface for equastrian crossing.
b. A 5-foot radius shall be incorporated into each side of the driveway as
it meets the roadway.
c. The applicant shall remove 3 oleander bushes uphill on the opposite
side of the roadway from the driveway entrance to allow for sight distance.
W. The proposed wall along the graded pad area shall not exceed 5 feet in
height at any one point.
X. All utility lines to the proposed structures shall be placed underground.
Y. The roof material for the new residence and stable shall comply with the
City of Rolling Hills and RHCA Building Code requirements.
Z. The property owners shall be required to conform to the City of Rolling
Hills outdoor lighting requirements.
AA. To the greatest extend practicable;Si's trail shall remain open to the public
at all times during grading and construction. A portion of the Glory Trail will be dosed
during construction. Said trail shall be repaired and re-established, including signage,
to the satisfaction of the Rolling Hills Community Association and Caballeros. The
applicant shall be required to post signage during closure of trails.
Resolution No.2008-15
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AB. No irrigation or drainage device may be located on a property in such a
manner as to contribute to erosion or in any way adversely affect an easement, trail or
adjacent properties. The ground swale and dissipaters 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. Any drainage
device, if required by the LA County Public Works Department, located at or in the
vicinity of the trails shall be reviewed and approved by the RHCA.
AC. Grading and all other activities conducted in the easements on subject
property or across property lines on adjacent properties, including Appaloosa Lane,
shall be reviewed and approved by the RHCA.
AD. During grading activities, should any archaeological artifacts be found,
the applicant shall immediately cease any activity and at his sole expense, contact an
archeologist, approved by the City to review the object(s). Should it be determined by
the archaeologist that significant unique archaeological resources are present within the
project area procedures for temporarily halting or redirecting work to permit the
sampling, identification, and evaluation of the artifacts as appropriate shall be
developed. If additional or unexpected unique archaeological features are discovered,
the archaeologist shall report such findings to the applicant and to the City Manager. If
the archaeological resources are found to be significant, the City and the professional
investigator shall determine appropriate action, in cooperation with the applicant, for
exploration and/or salvage.
The developer shall comply with the mitigation measures recommended and
approved by the City for the disposition, mitigation or salvage of such material. These
actions, as well as final mitigation and disposition of the resources, shall be subject to
the approval of the City Manager. The City Manager's decision will be considered final
unless an appeal is filed in accordance with Section 17.54 of the Rolling Hills Municipal
Code. The developer shall incur the cost of any professional investigation.
AE. The property owners shall be required to conform with South Coast Air
Quality Management District, Los Angeles County and local ordinances and
engineering practices during construction by using dust control measures to stabilize
the soil from wind erosion and reduce dust generated by construction activities as
follows:
Fugitive Dust
a. A Comprehensive Fugitive Dust Control Program shall be developed and
implemented before commencement of grading activities, subject to review
and approval of the City staff. This Plan, at minimum, shall address
compliance with SCAQMD Rule 403,including:
-Water the site twice daily, including the stockpiled dirt
- Apply non-toxic soil stabilizers to inactive graded areas
Resolution No.2008-15
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- Periodically clean the roads at the end of the day if visible soil is carried
onto paved roads adjacent to the site. If water sweeper is to be used, it shall
use reclaimed water
- Install wheel washers where vehicles enter and exit the construction site
onto paved roads or wash off trucks and any equipment leaving the site each
trip
-Appoint a construction relations officer to act as a community liaison
concerning on-site construction activity including resolution of issues related
to PM10 dust generation
- All trucks hauling dirt, sand, soil, or other loose materials shall be covered
-Traffic speed limits shall be observed at all times
The applicants shall explore the feasibility of using reclaimed water for all of
their watering requirements during construction.
b. A High Wind Response Plan shall be developed and implemented before
commencement of grading activities, subject to review and approval of the
City staff in accordance with Rule 403 of the SCAQMD for times when wind
speeds exceed 25 mph to reduce emissions.
Construction Equipment Exhaust
c. Heavy construction equipment shall be properly tuned and maintained to
reduce emissions. Construction equipment shall be fitted with the most
modern emission control devices. The construction manager shall monitor
compliance with this measure and is subject to periodic inspections by City
Building Inspectors.
d. The project shall comply with Rule 461, which establishes requirements for
vapor control from the transfer of fuel from the fuel truck to vehicles, if
applicable, both during construction and subsequent operations.
e. Provide temporary traffic controls such as a flag person, during the delivery
of heavy equipment or building materials to maintain smooth traffic flow.
f. Use electricity from power poles rather than temporary diesel or gasoline
power generators;
g. Reroute construction haul trucks away from congested streets or sensitive
receptor areas;
h. No vehicles shall idle in excess of five minutes, both on-site and off-site.
AF. The applicant shall submit a geotechnical report for review and approval
by the County of Los Angeles Geologist prior to issuance of a grading permit. Prior to
the submittal of an applicable final grading plan to the County of Los Angeles for plan
check, a detailed grading and drainage plan with related geology, soils and hydrology
Resolution No.2008-15
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reports must be submitted to the Rolling Hills Planning Department staff for their
review.
AG. Cut and fill slopes shall not exceed steepness of a 2 to 1 slope ratio. To the
greatest extent practicable, effort should be made to create gentler slopes than 2:1.
AH. Intensive geotechnical review and supervision shall be required
throughout the time the project is ongoing.
AI. As part of the soils and geology report, location for a future septic tank to
serve the new single family residence will be established. All applicable State and
County requirements, including County health Department, pertaining to septic tanks
construction and maintenance shall be complied with.
AJ. The applicant shall comply with LA County requirements relative to
submitting grading and construction plans on a bi-weekly basis, or as otherwise
required by the County engineers.
AK. The applicant shall comply with LA County requirements for bonding for
grading and all other requirements resulting from their review of the soils and geology
reports.
AL. The applicant shall submit and obtain approval of a drainage plan from
the Los Angeles County Building Official, prior to issuance of any grading permits
and/or a building permit for new construction.
AM. The applicant shall submit and obtain approval of a Local Stormwater
Pollution Prevention Plan (SWPPP) to the City of Rolling Hills and Los Angeles County
Building Official, prior to issuance of any grading permits and/or a building permit for
new construction.
AN. The applicant shall submit and obtain approval of a Standard Urban
Stormwater Mitigation Plan (SUSMP) to the City of Rolling Hills and Los Angeles
County Building Official, prior to issuance of any grading permits and/or a building
permit for new construction.
AO. The applicant shall submit a Notice of Intent to the State Water Resource
Control Board under the General Construction Activity Storm Water Permit for grading
of one acre or more of land area and shall meet all of the permitting requirements.
AP. An Erosion Control Plan per County of Los Angeles Uniform Building
Code requirements shall be prepared to minimize erosion and to protect slopes and
channels to control stormwater pollution as required by the County of Los Angeles.
AQ. The applicant shall incorporate into his drainage design and implementation,
a drainage repair of the exposed drainpipe at 19 Buggy Whip Drive (Gargas).
AR. During construction, the property owners shall be required to schedule and
regulate construction activities including related traffic, and therefore limit noise
Resolution No.2008-15
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throughout the day between the hours of 7 AM and 6 PM, Monday through Saturday
only.
AS. During grading and construction operations, trucks shall not park, queue
and/or idle at the project site or in the adjoining right-of-way before or after the
permitted hours of operations. In addition, there shall be no staging of equipment or
accumulation of vehicles on Appaloosa Lane. All staging and parking shall be on the
subject site.
AT. The contractors and subcontractors are to encourage their employees to car-
pool into the City.
AU. During grading/construction proper construction signs shall be installed
along the street warning drivers of the construction.
AV. The contractor shall ensure that there is no unnecessary delay of traffic
along off site access roads by heavy equipment blocking traffic.
AW. Construction activities shall be organized so as not to interfere
significantly with peak-hour traffic and minimize obstruction of traffic lanes and if
necessary, a flag person shall be retained to maintain safety adjacent to the existing
roadways.
AX. No construction or delivery trucks shall utilize Buggy Whip Drive at any
time during the stabilization of the slopes or grading activities related to construction of
the residence.
AY. Should any damage occur to Appaloosa Lane, due to the project
construction, in the area between the project site and the intersection of Appaloosa Lane
and Blackwater Canyon Road, the applicant shall repair that stretch of Appaloosa Lane
within three months of completion of the construction of the residence. Prior to
commencing grading the applicants shall submit to the Planning Department pictures
of Appaloosa Lane and the area where it intersects Blackwater Canyon Road.
AZ. A bond in the amount of the cost estimate of the repair of Appaloosa Lane,
plus 20% City administrative cost, shall be required to be posted with the City prior to
issuance of a grading permit and shall be retained until the street is repaired, if such
repair is required. Such street shall be repaired to LA County Road Construction
standards and to the satisfaction of the RHCA.
The applicant shall be responsible for keeping the roadway open to pedestrian,
vehicular and emergency traffic at all times during construction, including providing
alternative access, if it becomes necessary.
BA. The property owners shall be required to conform with the Regional
Water Quality Control Board, County Public Works Department and all other applicable
state, federal and local statutes and regulations related to Best Management Practices
(BMP's) related to solid waste.
Resolution No.2008-15
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BB. 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.
BC. The applicant shall pay all of the applicable Los Angeles County Building and
Safety and Public Works Department fees, including City's Parks and Recreation Fees
and Palos Verdes Unified School District fees for new residence.
BD. The applicants shall execute an Affidavit of Acceptance of all conditions of
the Site Plan Review approval, pursuant to Section 17.46.060, or the approval shall not be
effective.
BE. All conditions of the Site Plan Review approvals, which apply, must be
complied with prior to the issuance of grading permit from the County of Los Angeles.
BF. Notwithstanding sections 17.46.020 and 17.46.070 of the Rolling Hills
Municipal Code, any future construction on the property (3 Appaloosa Lane), which
would constitute structural development or grading, shall require the filing of a new
application for approval by the Planning Commission.
BG. If a different than the traditional method of grading for slope stabilization
and development is approved by LA County Public Works Department, for example
"tensar" construction, and it is utilized in this project, the applicant shall submit such
information to City staff, with modified grading calculations and limits of grading, if
different than approved by this resolution. If the grading quantities and limits of
grading turn out to be less than approved hereby, such information shall be provided to
the Planning Commission for information only. Should the grading quantities or limit
of grading be greater, the applicant shall file a modification to this approval and it shall
be reviewed and approved by the Planning Commission, pursuant to Section
17.46.070(D) of the Zoning Ordinance.
BH. Any action challenging the final decision of the City made as a result of the
public hearings 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.
BI. The property owner shall defend, indemnify, and hold harmless the City of
Rolling Hills and its officers, employees and agents from and against any claim, action
or proceeding against the City of Rolling Hills, its officers, employees, or agents to
attack, set aside, void, or annul any approval or condition of approval of the City of
Rolling Hills concerning this Site Plan Review application, including but not limited to
any approval or condition of approval of the City Council, Planning Commission, City
Manager or Planning Director. The City shall promptly notify the applicant of any
claim, action, or proceeding concerning the application and the City shall cooperate
fully in the defense of the matter. The City reserves the right, at its own option, to
choose its own attorney to represent the City, its officers, employees and agents in the
defense of the matter.
Resolution No.2008-15
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PASSED, APPROVED AND ADOPTED THIS 16th DAY OF SEPTEMBER 2008.
a , Gfo
RICHARD HENKE, CHAIRMAN
1- 1
ATTEST:
MARILYN RN,DEPUTY CITY CLERK
Resolution No.2008-15
Fozoonmehr
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2008-15 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING
HILLS GRANTING APPROVAL OF A SUE PLAN REVIEW FOR SUBSTANTIAL
GRADING FOR SLOPE STABILIZATION ON 3 APPALOOSA LANE AND ON TWO
ADJACENT PROPERTIES, (17 AND 19 BUGGY WHIP DRIVE) AND FOR
CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE, POOL AND A FUTURE
STABLE ON A VACANT PARCEL OF LAND AT 3 APPALOOSA LANE IN ZONING
CASE NO. 757 (LOT 246-MS), (FOZOONMEHR).
was approved and adopted at a regular meeting of the Planning Commission on
September 16, 2008 by the following roll call vote:
AYES: Commissioners DeRoy, Smith, Sommer,Witte and Chairman Henke.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at Administrative Offices.
RLeA,,,.�
DEPUT CITY CLERK
Resolution No.2008-15
Fozoonmehr
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RESOLUTION NO. 2003-19
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 SINGLE FAMILY
RESIDENCE AND A STABLE ON A VACANT PARCEL OF LAND IN
ZONING CASE NO. 669 AT 3 APPALOOSA LANE (LOT 246-MS),
(FOZOONMEHR).
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 Dr. and Mrs. Shahran
Fozoonmehr with respect to real property located at 3 Appaloosa Lane, (Lot 246-MS),
Rolling Hills, CA requesting a Site Plan Review to permit grading and construction for
a new 8,990 square foot single family residence with 2,050 square foot garage, 880
square foot swimming pool and 1,671 square foot stable. A 5,500 square foot basement
is also proposed.
Section 2. The Planning Commission conducted duly noticed public hearings
to consider the application on August 18, 2003, September 16, 2003 and at a field trip
visit on August 9, 2003. 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-2 and is 9.20 acres (gross) in size and
8.20 acres net. The lot is currently vacant. Subject lot is very irregular in shape with
Appaloosa Lane located along a portion of the length of the lot. Portion of Appaloosa
Lane lies within the property and does not follow the roadway easement line. Due to
the irregular shape and the unusual location of the street partially along the lot and
partially inside the lot, it has been determined that the front yard setback should be that
area of the lot located 50 feet from the roadway easement along the entire length of
Appaloosa Lane, which traverses the property. The area just opposite the front yard
setback will be the rear yard and all of the other property lines will be considered the
side yards.
Section 4. There exists a landslide on the property, which will be stabilized
with buttress fill. The grading quantities include the buttress. More than half of the
grading quantities entail the slope repair and less than half of the grading quantities are
required for the building pads for the development.
Section 5. The Glory Trail is located inside the westerly easement of the
property and it connects to the Si's Trail, which crosses the northeastern portion of the
property. The property owners indicated that they are not proposing to relocate that
part of the trail that crosses their property.
• •
Section 6. 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 7. 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 and stable, 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 structures comply 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. The net lot area of the lot is 357,280 square
feet, (8.2 acres). The proposed residence (8,990 sq.ft.), garage (2,050 sq.ft.), service yard
(96 sq.ft.), swimming pool (880 sq.ft.) and stable (1,671 sq.ft.) will have 13,687 square
feet of structures, which constitutes 3.8% of the net lot which is within the maximum
20% structural lot coverage requirement. A 5,500 square foot basement is proposed for
this development The total lot coverage including all structures, paved areas and
driveway will be 24,435 square feet, which constitutes 6.8% 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 of the development. The
disturbed area of the lot will be 30.6%, which is within the 40% maximum permitted,
and includes the stable.
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 existing trees on
the southern portion on the parcel will remain and will screen the residence from the
neighbors. 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 and stable 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 which at maturity
will not exceed 25 feet in height, 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 and the proposed project is consistent with the scale of the neighborhood.
Resolution No.2003-19
Fozoonmehr
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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
9,420 cubic yards of cut and 9,420 cubic yards of fill and will be balanced on site. More
than half of the proposed grading quantities is required for repairing a slope failure
condition on the property, and less than half to create the building pads.
F. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because the proposed
new driveway will be located to maximize sight distance.
G. The project conforms to the requirements of the California Environmental
Quality Act and is exempt.
Section 8. Based upon the foregoing findings, the Planning Commission hereby
approves the Site Plan Review application for Zoning Case No. 669 for grading and for
construction of a new residence and stable as shown on the Development Plan dated
October 8, 2003, and marked Exhibit A, subject to the conditions contained in Section 9
of this Resolution.
Section 9. The Site Plan Review approved in Section 8 of this Resolution is
subject to the following conditions:
A. The Site Plan Review approval shall expire within one year from the
effective date of approval if construction pursuant to this approval has not commenced
within that time period, as required by Section 17.46.080(A) of the Rolling Hills
Municipal Code, or the approval granted is otherwise extended pursuant to the
requirements of that section.
B. It is declared and made a condition of the Site Plan Review approval, 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 and Construction Ordinance, 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. The lot shall be developed and maintained in substantial conformance
with the revised site plan on file marked Exhibit A and dated October 8, 2003, except as
otherwise provided in these conditions.
Resolution No.2003-19
Fozoonmehr
3
E. 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.
F. Grading shall not exceed 9,420 cubic yards of cut and 9,420 cubic yards of
fill and shall be balanced on site and shall include the repair of the landslide.
G. Structural lot coverage shall not exceed 13,687 square feet or 3.8%.
H. Total lot coverage of structures and paved areas shall not exceed 24,435
square feet or 6.8% in conformance with lot coverage limitations.
I. The disturbed area of the lot shall not exceed 109,328 square feet or 30.6%
of the net lot area in conformance with lot disturbance limitations.
•
J. Residential building pad coverage on the 40,960 square foot residential
building pad shall not exceed 12,016 square feet or 29.3%; coverage on the proposed
8,960 square foot stable pad shall not exceed 1,671 square feet or 18.6%.
K. The proposed basement shall not exceed 5,500 square feet and shall meet
all requirements of the Los Angeles County Building Code and City Zoning Ordinance
for basements, including exit door and provision for light and ventilation.
L. The disturbed areas shall be landscaped. Landscaping shall include water
efficient irrigation, to the maximum extent feasible, that incorporates 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.
M. A landscaping plan for the disturbed areas must be submitted for review
by the Planning Department prior to issuing grading or building permits. To the
maximum extend practicable, native trees and other native plants shall be utilized. If
trees are to be used in the landscaping scheme for this project, they shall be mature
when planted and which at full maturity shall not exceed 25 feet in height; shrubs shall
be planted so as not to obstruct views of neighboring properties but, to obscure the
stable and residential structure on site.
N. Prior to the issuance of any building or grading permit two copies of a
preliminary landscape plan shall be submitted for review by the Landscaping
Committee and include native drought-resistant vegetation that will not disrupt the
impact of the views of neighboring properties. The landscaping plan submitted must
comply with the purpose and intent of the Site Plan Review Ordinance, shall
incorporate existing mature trees and native vegetation, and shall utilize to the
maximum extent feasible, plants that are native to the area and/or consistent with the
rural character of the community.
Resolution No.2003-19
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A security in the amount of the cost estimate of the implementation of the
landscaping plan plus 15% shall be required to be posted prior to issuance of a
drainage, grading and building permits and shall be retained with the City for not less
than two years after landscape installation. The retained security will be released by the
City Manager after the City Manager determines that the landscaping was installed
pursuant to the landscaping plan as approved, and that such landscaping is properly
established and in good condition.
O. The proposed driveway shall be subject to the Traffic Commission
requirements, whcih includes:
a. The driveway apron shall be 20 feet in width.
b. A 5-foot radius shall be incorporated into each side of the driveway as
it meets the roadway.
c. The applicant shall remove 3 oleander bushes uphill on the opposite
side of the roadway from the driveway entrance.
P. The proposed wall along the graded pad shall not exceed 5 feet in height
having an average of 21/2 feet.
Q. During construction, any soil disturbance shall preserve the existing
topography, flora, and natural features to the greatest extent possible.
R. The project is subject to General Permit No.CAS000002 (Storm Water
Discharges Associated with Construction Activities). The applicant shall comply with
the requirements of this permits as required by the Regional Water Quality Control
Board.
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, an Erosion Control Plan containing the elements set
forth in Section 7010 of the 2001 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.
Resolution No.2003-19
Fozoonmehr
5
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W. 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 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 facilities.
Y. The property owners shall be required to conform to the Regional Water
Quality Control Board and County Public Works Department Best Management
Practices (BMP's) related to solid waste.
Z. The property owners shall be required to conform to the City of Rolling
Hills Outdoor Lighting Standards Ordinance, (Ordinance No. 287).
AA. A drainage plan shall be approved by the Planning Department and
County District Engineer, to include any water from any site irrigation systems and that
all drainage from the site shall be conveyed in an approved manner.
AB. All utility lines shall be placed underground. The roof material for the
new residence and stable shall comply with the City of Rolling Hills Building Code
requirements.
AC. Prior to the submittal of an applicable final building plan to the County of
Los Angeles for plan check, a detailed drainage plan with related geology, soils and
hydrology reports that conform to the development plan as approved by the Planning
Commission shall be submitted to the Rolling Hills Planning Department staff for their
review and approval.
AD. The trails shall not be altered or modified in any way without the
approval of the Rolling Hills Community Association and Caballeros.
AE. 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.
AF. The applicant shall pay all of the applicable Los Angeles County Building
and Safety and Public Works Department fees, including Parks and Recreation Fees for
new residence and school fees.
AG. Until the applicants execute an Affidavit of Acceptance of all conditions of
this Site Plan Review approval, as required by Section 17.42.070 the approvals shall not
be effective.
AH. All conditions of the Site Plan approval, that apply, shall be complied with
prior to the issuance of a building permit from the County of Los Angeles.
Resolution No.2003-19
Fozoonmehr
6
.• • • . •
PASSED,APPROVED AND AD THIS 21st DAY OF OCTOBER 2003.
AR ,CHAIRMAN
ATTEST:
\K3
MARILYN KE ZIT, DEPUTY CITY CLERK
•
Resolution No.2003-19
Fozoonmehr
7
•
•
• • • • •
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No.2003-19 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 SINGLE FAMILY RESIDENCE AND A STABLE ON A
VACANT PARCEL OF LAND IN ZONING CASE NO. 669 AT 3 APPALOOSA LANE
(LOT 246-MS), (FOZOONMEHR).
was approved and adopted at a regular meeting of the Planning Commission on
October 21, 2003 by the following roll call vote:
AYES: Commissioners DeRoy, Hankins, Margeta, Sommer
and Chairman Witte.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at Administrative Offices.
K
DEPUTY CITY CLERK
Resolution No.2003-19
Fozoonmehr
8
. i „ . . ,, . , •
. . •
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THIS FORM IS NOT TO BE DUPLICATED A
•
•
'' 03/10/2011
• RECORDING REQUESTED BY AN'
MAIL TO:
*20110367962"
CITY OF ROLLING HILLS
PLANNING DEPARTMENT
2 PORTUGUESE BEND RD.
ROLLING HILLS, CA 90274
(310) 377-1521
(310) 377-7288 FAX
•
T RECORDER'S USE ONLY
THE REGISTRAR-RECORDER'S OFFICE REQUIRES THAT THE FORM BE NOTARIZED BEFORE
RECORDATION.
ZONING CASE NO. 757-MODIFICATION
XX SITE PLAN REVIEW
I (We) the undersigned state
I am (We are) the owner(s) of the real property described as follows:
3 APPALOOSA LANE, ROLLING HILLS, (LOT 246-MS), 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 case:
ZONING CASE NO. 757-MODIFICATION
XX SITE PLAN REVIEW
I (We) c1 ify (or decl rerander t penalty of perjury that-thhee foregoing is true and c rr ct.
46.(44,(AW 2 t-✓ ,�-C.k-g C At
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City/State a ac % 0 Z 7Li, City/State ad . f 0 2 7
, ' • •
See Attached Exhibit "A", RESOLUTION OF APPROVAL NO. 2010-30
Signatures must be acknowledged by a notary public.
State of California )
County of LosPngeles )
f�
On ()-0 I ( before me,
fP'(OAN-• eV—U(N,U 61 ) Q(Ablic ( 1--L4evv3
appearedy. -VAVV ' - oo t'-4{- kt'th s i LL4- Zo o rl M
who proved to me on the basis of satisfactory evidence to be the person(s) whose name-{el are
subscribed to the within instrument and acknowledged to me that he/-ehel they executed the same in
his/her/their authorized capacity(ie and that by is/-her /their s gnature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS by hand and official seal.
Signature of Nota ( Seal)
-sr� ,• T r{ •� � LARA OKUNUBI
• YN�i '! Commission # 1744599
may • r,, Notary Public -California
■ �l M ry 14414c 4
1 r\ %17- Los Angeles County t
Los - M,C 12jtte,May11,2011_t
100 cgill sot
•
Monday, March 12, 2012 1:21 PM
Subject: Resolution
Date: Monday, March 12, 2012 10:03 AM
From:Yolanta Schwartz<ys@cityofrh.net>
To:Shahram Fozoonmehr<sfozoonmehr@gmail.com>, Dan Bolton<dbolton@boltonengineering.com>,Criss Gunderson
<crissgunderson@cox.net>
Cc: "Naslund (Eckert), Lisa"<LNASLUND@dpw.lacounty.gov>
PIs see attached the Resolution of approval for 3 Appaloosa. I understand that if you don't
obtain a permit soon, project approval from the County will expire. There are still some
conditions you need to meet prior to obtaining the grading permit. However, since time is of
the essence, we'll allow you to meet those conditions prior to start of grading. Therefore,
before you start grading the following conditions must be met:
"0" -Landscaping plans, plus landscaping bond/CD to be submitted to City
"P" -licensed biologist to be hired; copy of contract provided to City and must be present
during the pre-grading meeting. Since grading will be done during bird nesting period (April 15-
September 15), the biologist is to assure there are no nests in the area. A report to that effect
to be submitted to City, or showing mitigation measures, if there are bird nests in the area
"Q" in the landscaping plan show the re-vegetated area of 4:1 ratio of the lost native
vegetation
"AE" -submit a copy of soils/hydrology/geology reports to City
CAV" - submit pictures of Appaloosa Lane bt. project site and Blackwater Canyon Road
✓r`AW" - estimate to repair the street, if needed, and a bond for the cost of repair plus 20% to be
deposited with City
"BD" - confirm grading method and grading quantities
Thank you
Yolanta
Yolanta Schwartz
Planning Director
City of Rolling Hills
2 Portuguese Bend Road, Rolling Hills, CA 90274
310 377-1521
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Page 1 of 2
, • , .
i • C�K1& ,-r. • �4
•
RESOLUTION NO. 2010-30
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS IN ZONING CASE 757
MODIFICATION GRANTING MODIFICATIONS TO A
PREVIOUSLY APPROVED SITE PLAN REVIEW FOR
SUBSTANTIAL GRADING FOR SLOPE STABILIZATION
AND CONSTRUCTION OF A SINGLE FAMILY
RESIDENCE ON A VACANT PARCEL OF LAND AT 3
APPALOOSA LANE (LOT 246-MS), ROLLING HILLS, CA.
(FOZOONMEHR). A MITIGATED NEGATIVE
DECLARATION WAS ADOPTED FOR THE PREVIOUSLY
APPROVED PROJECT.
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 Dr. and Mrs. Shahran
Fozoonmehr with respect to real property located at 3 Appaloosa Lane, (Lot 246-MS),
Rolling Hills, CA requesting modification to previously approved Site Plan Review
consisting of substantial grading (150,000 cubic yards of cut and 150,000 cubic yards of
fill of soil) to achieve slope stabilization on a vacant lot located at 3 Appaloosa Lane and
on two adjacent lots developed with single family residences each, at 17 Buggy Whip
Drive and 19 Buggy Whip Drive, and grading and construction of a single family
residence with garage and basement, swimming pool and a stable.
The modification entails reducing the limits of grading by 18,000 square feet by not
grading on adjacent lots, and instead, to construct 20 caissons along a portion of the
westerly property line and to reduce the surficial grading quantities by a total of over
17,400 cubic yards. In addition, a drainage terrace with a not to exceed 4.5-foot high
wall is planned to be constructed, as is required by the Los Angeles County Drainage
Engineer. The applicants have also requested that the Planning Commission waive one
of the originally imposed conditions of approval, which requires that a third party
consultant be hired by the City, at the owners' expense, to oversee the project.
Section 2. A Mitigated Negative Declaration was adopted for the previously
approved project. The adopted mitigated measures shall be in full force and effect for
this modification, as the project modification would not introduce potentially
significant environmental impacts that were not previously addressed in the original
Mitigated Negative Declaration.
Section 3. The Planning Commission conducted duly noticed public hearings
to consider the application on November 16, 2010. 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 hearing.
• •
Section 4. The property is zoned RAS-2 and is 9.20 acres (gross) in size and
8.20 acres net. The lot is currently vacant. Subject lot is irregular in shape. Portion of
Appaloosa Lane is located within the property and does not follow the roadway
easement line. Geological studies show an ancient landslide underlying the subject lot
and two adjacent lots at 17 and 19 Buggy Whip Drive. To date the lot did not experience
any visible earth movement. The proposed construction requires grading and slope
stabilization to correct the ancient landslide condition on the subject lot and installation
of caissons along the common property lines with the adjacent lots (17 and 19 Buggy
Whip). No grading is proposed on the adjacent lots.
Section 5. The applicant is proposing to excavate the slope failure
area/ancient landslide and replace it with a buttress fill keyed through the ancient slope
failure mass. A buttress fill is proposed along the easterly side of the property. A
buttress is a tightly compacted fill that acts like a retaining wall and is designed to hold
the movement. The grading will be done in progressive slots to avoid stockpiling of
soil. Sub-drains drain pipes and catch basins will be installed throughout the project to
protect the lot from water erosion. A drainage terrace with a 4.5-foot high plantable wall
will also be constructed.
Section 6. In 2003, the Planning Commission and the City Council approved
an application for the same size development, except that the slope remediation portion
of the application was smaller in scope and size.
During the detailed soils and geology investigation required by the Los Angeles
County Public Works Department for the actual grading of the approved project in
2003, it was determined that the previously delineated ancient landslide extended
further than originally found. The 2003 approval expired, and in 2008 the Planning
Commission approved same application as in 2003, for an 8,990 square foot residence,
2,050 square foot garage, 462 square feet covered porches, 820 square foot swimming
pool, 36 square foot barbecue, 1,264 square feet water feature, 672 square foot future
stable with corral and a service yard. A 6,423 square foot basement was also approved.
The approved construction required grading and slope stabilization to correct
landslide condition on the subject lot and on two adjacent lots at 17 and 19 Buggy
Whip Drive.
Section 7. Since the 2008 approval, one of the adjacent property owners, on
whose property grading was required, withdrew their agreement to allow the applicant
to enter their property and conduct stabilization. The applicants, in order to pursue
approvals for a new residence, were required to revise their plans to meet the building
code requirements for lot stabilization in order to develop the lot. The applicants have
therefore proposed to construct caissons along the common property line with their
neighbors. The applicants submitted the revised soils, geology and caissons plans to the
County Soils and Geology Division and the proposed method of stabilization of the area
of construction was approved.
Section 8. The Glory Trail and Si's Trail cross the property and will be
affected by this project, however they will be restored and improved as part of the
mitigation measures in accordance with the requirements of the Rolling Hills
Community Association.
Resolution No.2010-30
Fozoonmehr
2
Section 9. In 2008, as part of the mitigation measures, a biological resources
f d properties. The applicants was prepared for the affected p p retained a licensed
Biological Resources Consultants to study the natural environment in the area to
determine the impact, if any the proposed project would have on the natural
environment. The consultant's recommendations are incorporated into the conditions of
approval of this resolution and mitigation measures accepted by the applicant.
Section 10. On July 30, 2008, Planning staff prepared an initial study for the
project. The initial study found that the project would not have a significant effect on
the environment if certain mitigation measures were included in the project. A
Mitigated Negative Declaration was prepared for the project and was circulated to the
applicant and other interested parties in accordance with State of California
Environmental Quality Act(CEQA). Copies of the Mitigated Negative Declaration were
sent to adjacent cities and other governmental agencies. The public notice of the
Planning Commission's intent to recommend approval of the Mitigated Negative
Declaration was published on July 5, 2008 in the local newspaper. The adopted
mitigated measures shall be in full force and effect for this modification, as the project
modification would not introduce potentially significant environmental impacts that
were not previously addressed in the original Mitigated Negative Declaration.
Section 11. 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 substantial grading to stabilize the land and construction of the new
residence, pool and future stable and modification to the 2008 project, 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 structures comply 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. The net lot area of the lot is 357,280 square
feet, (8.2 acres). The proposed residence (8,990 sq.ft.), garage (2,050 sq.ft.), service yard
(96 sq.ft.), swimming pool (820 sq.ft.) and future stable (450 sq.ft.) will have 14,438
square feet of structures, which constitutes 3.6% of the net lot which is within the
maximum 20% structural lot coverage requirement. A 6,423 square foot basement is
proposed for this development. The structural net lot coverage proposed is 12,952
square feet or 3.6% (previously 13,638 square feet or 3.8%), which includes all the
structures and future 450 s.f. stable, (20% permitted); and the total lot coverage
proposed including the structures and paved areas is 27,180 sq.ft. or 7.6% (previously
27,296 square feet or 7.6%), (35% permitted). The proposed project is screened from the
road so as to reduce the visual impact of the development. Disturbed area for this
project will be 114,560 square feet or 32.1%, and with future stable 117,620 square feet or
32.9%.
! Resolution No.2010-30
Fozoonmehr
3
•
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 existing trees on
the southern portion on the parcel will remain and will screen the residence from the
neighbors. 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, pool and future stable 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 least intrusive to surrounding
properties, will be screened and landscaped with trees and shrubs, is of sufficient
i distance from nearby residences so that the proposed structures will not impact the
view or privacy of surrounding neighbors, and will substantially utilize the existing
most level area for the 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 and the proposed project is consistent with the scale of the neighborhood. The
stabilization of the slope is necessary to prevent future landslide and shall be
implemented in slots (stages), so that the entire affected area is not excavated at the
same time.
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, including the re-vegetation of the existing native
plants to a 4:1 ratio. The project will be conditioned upon compliance with the
conditions contained in this Resolution, and supplement the existing vegetation with
landscaping that is compatible with and enhances the rural character of the community.
Upon completion of the project the graded slopes will be re-vegetated with native trees
and shrubs. A re-vegetation and landscaping plan is required as part of this approval.
E. The development plan follows natural contours of the site to minimize
grading and retain the natural drainage courses. Grading for the residential building
pad will require 11,200 cubic yards of cut and 7,940 cubic yards of fill (previously 9,420
cubic yards of cut soil and 9,420 cubic yards of fill). For the landslide remediation and
buttress fill (key) construction it is estimated that 121,440 cubic yards of cut and same
amount of fill will be necessary. (Previously, grading for stabilization of the entire slide,
including the adjacent lots and the building pad, were approved at 150,000 cubic yards
of cut and 150,000 c.y. of fill). Upon completion of the project the natural drainage
course will be preserved and drainage will continue to the canyons at the east side of
the lot, across Appaloosa Lane. As a result of this activity drainage on site will be
corrected, thus, preventing further erosion of the slopes.
F. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because the proposed
new driveway will be located to maximize sight distance. With the implementation of
' Resolution No.2010-30
Fozoonmehr
4
• • 9
the mitigation measures, during construction, trucks and equipment will not block
Appaloosa Lane and all staging shall be on site.
G. With the implementation of the proposed mitigation measures, the project
conforms to the requirements of the California Environmental Quality Act.
Section 12. Based upon the foregoing findings, the Planning Commission
hereby approves the Site Plan Review application for Zoning Case No. 757
MODIFICATION for substantial and remedial grading and for construction of a new
residence, pool and future stable as shown on the Development plans dated August 12
and August 21, 2008, and as amended by a plan dated November 5, 2010 subject to the
following conditions:
A. The Site Plan Review approval shall expire on October 16, 2012, unless
construction commences on or prior to that date. This time limit takes into
consideration the time extension approved by Resolution No. 2010-24 for Zoning Case
No. 757. Pursuant to the Zoning Ordinance, no further extension may be granted.
B. It is declared and made a condition of the Site Plan Review approval, 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. A project superintendent shall be available on site at all times during
regular working hours and prior to start of construction a phone number where he/she
can be reached shall be provided to City staff and be available on site.
D. All requirements of the Los Angeles County Codes, City's Building and
Construction Ordinance, 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.
E. This approval includes 20 caissons, or as maybe required by the L.A.
County Soils and Geology Division and no grading or disturbance shall extend onto the
adjacent properties, unless mutually agreed on and approved by the City and the
Building and Safety and/or Public Works Department.
E(1). The property line along the area of grading and caissons installation shall
be staked throughout the grading process. Such staking shall be in place at all times
during grading and not be removed or disturbed.
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. Prior to submittal of final plans to the Building Department for
issuance of grading and/or building permits, the plans for the project shall be
submitted to staff for verification that the final plans are in compliance with the plans
approved by the Planning Commission and that were approved by the RI-ICA
Architectural Committee.
Resolution No.2010-30
Fozoonmehr 5
•
• _ • •
the mitigation measures, during construction, trucks and equipment will not block
• Appaloosa Lane and all staging shall be on site.
• G. With the implementation of the proposed mitigation measures, the project
conforms to the requirements of the California Environmental Quality Act.
Section 12. Based upon the foregoing findings, the Planning Commission
hereby approves the Site Plan Review application for Zoning Case No. 757
MODIFICATION for substantial and remedial grading and for construction of a new
residence, pool and future stable as shown on the Development plans dated August 12
and August 21, 2008, and as amended by a plan dated November 5, 2010 subject to the
following conditions:
A. The Site Plan Review approval shall expire on October 16, 2012, unless
construction commences on or prior to that date. This time limit takes into
consideration the time extension approved by Resolution No. 2010-24 for Zoning Case
No. 757. Pursuant to the Zoning Ordinance, no further extension may be granted.
B. It is declared and made a condition of the Site Plan Review approval, 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. A project superintendent shall be available on site at all times during
regular working hours and prior to start of construction a phone number where he/she
can be reached shall be provided to City staff and be available on site.
D. All requirements of the Los Angeles County Codes, City's Building and
Construction Ordinance, 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.
E. This approval includes 20 caissons, or as maybe required by the L.A.
County Soils and Geology Division and no grading or disturbance shall extend onto the
adjacent properties, unless mutually agreed on and approved by the City and the
Building and Safety and/or Public Works Department.
E(1). The property line along the area of grading and caissons installation shall
be staked throughout the grading process. Such staking shall be in place at all times
during grading and not be removed or disturbed.
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. Prior to submittal of final plans to the Building Department for
issuance of grading and/or building permits, the plans for the project shall be
submitted to staff for verification that the final plans are in compliance with the plans
approved by the Planning Commission and that were approved by the RHCA
Architectural Committee.
Resolution No.2010-30
Fozoonmehr
5
• •
O
. l
G. Grading shall not exceed 11,200 cubic yards of cut and 7,940 cubic yards of
fill for the residential building pad. For the landslide remediation and buttress fill (key)
construction grading shall be kept to the maximum extent practicable to no more than
121,440 cubic yards of cut and same amount of fill. Grading for the future stable shall
not exceed 72 cubic yards of cut and 72 cubic yards of fill for a 1,200-sq.ft pad.
Additional grading may be required for a larger stable pad and shall be submitted for
approval to the City.
H. This approval does not include the construction of a stable and corral.
Future construction of a stable and corral shall meet the development standards and
process for stables in Section 17.18 of the Zoning Ordinance.
I. The remediation shall be conducted in slots to minimize stockpiling of dirt
on the lot. Only the dirt from the basement and other excavation activities may be
exported. Otherwise, the grading shall be balanced on site.
J. Structural net lot coverage shall not exceed 12,952 square feet or 3.6%,
which includes all the structures and future 450 s.f. stable; and the total lot coverage
including the structures and paved areas shall not exceed 27,180 sq.ft. or 7.6%.
K. Disturbed area for this project shall not exceed 114,560 square feet or
32.1%, and with future stable 117,620 square feet or 32.9%, which includes the previously
graded area at the north eastern corner of the lot to accommodate slope stabilization on
the adjacent lot(5 Sagebrush Lane).
L. The residential building pad shall not exceed 38,080 square feet and will
have coverage of 12,004 or 31.5%. Coverage on the 1,200 square foot future stable pad is
proposed at 450 square feet or 37.5%.
M. The proposed basement shall not exceed 6,423 square feet and shall meet
all requirements of the Los Angeles County Building Code and City Zoning Ordinance
for basements, including exit door and provision for light and ventilation.
N. Prior to final inspection, the disturbed and graded areas shall be
landscaped. Landscaping shall include water efficient irrigation, to the maximum extent
feasible, that incorporates low gallonage irrigation system, utilizes automatic
controllers, incorporates an irrigation design using "hydrozones," considers slope
factors and climate conditions and meets the City's Water Efficient Landscaping
Ordinance. To the maximum extent practicable, native trees and other native plants
shall be utilized. If trees are to be used in the landscaping scheme for this project, they
shall be mature when planted and which at full maturity shall not exceed 20 feet in
height; shrubs shall be planted so as not to obstruct views of neighboring properties
but, to screen the residential structure on site.
O. Two copies of the landscaping and irrigation plan for the graded/repaired
and revegetated areas as well as for builidng pad areas and a cost estimate for material,
labor and irrigation to implement the landscaping plan, shall be submitted for review
by the Planning Department and City's landscaping consultant prior to issuance of a
grading permit.Fire Department review of the landscaping shall also be required.
Resolution No.2010-30
Fozoonmehr
6
• •
•
A bond in the amount of the cost estimate of the implementation of the
landscaping plan plus 15% shall be required to be posted prior to issuance of a grading
permit and shall be retained with the City for not less than two years after landscape
installation. A licensed biologist, at the applicant's expense, shall monitor the growth of
the landscaping for a minimum of two growing seasons immediately following
planting, and provide status reports to the Planning staff on an annual basis. After the
two-year growing season, upon the request of the applicant, the retained bond will be
released by the City only after staff determines that the landscaping was installed
pursuant to the landscaping plan as approved, and that such landscaping is properly
established and in good condition.
P. Prior to the issuance of grading permit, at the sole expense of the
applicant, a licensed biologist or licensed plant specialist shall meet with the general
contractor and grading contractor for an explanation of the boundaries of the native
vegetation, the boundaries of those areas permitted to be removed and replanted, and
the restrictions contained in this resolution pertaining to biological resources including
the restrictions on construction during bird nesting period, which is from April 15 to
September 15. If grading or construction is to take place during this period, the biologist
shall recommend additional appropriate mitigation measures. The City shall approve
the consultant.
Q. The lost native vegetation areas (0.39 acres) shall be re-vegetated pursuant
to the recommendations of the licensed biologist and be in the amount of 4:1 ratio. The
landscaping shall commence within 30 days following the completion of grading.
R. Nothing contained in these conditions shall limit the authority of the City
to require additional areas or greater areas of the parcels to be re-vegetated to mitigate
additional impacts. No grading, development or removal of live mature vegetation
shall be permitted in areas not approved for remediation or construction. In the event
removal or thinning of mature natural vegetation is required to comply with the Fire
Department regulations, least invasive technique shall be utilized.
S. To the greatest extent practicable, the mature trees along Appaloosa Lane
along subject property shall be retained.
T. The applicant shall comply with the City's Recycling Ordinance and shall
assure that a minimum of 50% of construction and demolition material is recycled or
diverted from landfill, including the trees lost due to remediation and grading activity.
U. No irrigation or drainage device may be located on a property in such a
manner as to contribute to erosion or in any way adversely affect an easement, trail or
adjacent properties. The ground swale and dissipaters 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. Any drainage
j device, if required by the LA County Public Works Department, located at or in the
vicinity of the trails or easements shall be reviewed and approved by the RHCA.
V. The drainage terrace shall be of earth tone color to blend into the natural
environment and the wall shall be planted, and shall not exceed 4.5 feet in height. The
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proposed wall along the graded pad area shall not exceed 5 feet in height at any one
point and be of earth tone color.
W. No chemicals, including but not limited to fertilizers, pesticides,
herbicides, detergents, chlorine or pool chemicals, shall be used, disposed of, or allowed
• to drain into adjacent areas, except fertilizers approved by a City approved biologist.
X. An opaque construction fence shall be installed along Appaloosa Lane
and maintained in good condition throught the entire time the project is under
construction. Such fence shall not block any easements or usable trails.
Y. The proposed driveway is subject to the Traffic Commission
requirements, which includes:
a. The driveway apron shall be 20 feet in width and have a roughened
surface for equastrian crossing.
b. A 5-foot radius shall be incorporated into each side of the driveway as
it meets the roadway.
c. The applicant shall remove 3 oleander bushes uphill on the opposite
side of the roadway from the driveway entrance to allow for sight distance.
Z. All utility lines to the proposed structures shall be placed underground.
AA. The roof material for the new residence shall comply with the City of
Rolling Hills and RHCA Building Code requirements. The property owners shall be
required to conform to the City of Rolling Hills outdoor lighting requirements and all
other regulations of the Zoning Ordinance.
AB. To the greatest extent practicable Si's trail shall remain open to the public
at all times during grading and construction. A portion of the Glory Trail will be closed
during construction. Said trail shall be repaired and re-established, including signage,
to the satisfaction of the Rolling Hills Community Association and Caballeros. The
applicant shall be required to post signage during closure of trails.
AC. During grading activities, should any archaeological artifacts be found,
the applicant shall immediately cease any activity and at his sole expense, contact an
archeologist, approved by the City to review the object(s). Should it be determined by
the archaeologist that significant unique archaeological resources are present within the
project area procedures for temporarily halting or redirecting work to permit the
sampling, identification, and evaluation of the artifacts as appropriate shall be
developed. If additional or unexpected unique archaeological features are discovered,
the archaeologist shall report such findings to the applicant and to the City Manager. If
the archaeological resources are found to be significant, the City and the professional
investigator shall determine appropriate action, in cooperation with the applicant, for
exploration and/or salvage. The developer shall comply with the mitigation measures
recommended and approved by the City for the disposition, mitigation or salvage of
such material.These actions, as well as final mitigation and disposition of the resources,
shall be subject to the approval of the City Manager. The City Manager's decision will
be considered final unless an appeal is filed in accordance with Section 17.54 of the
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Rolling Hills Municipal Code. The developer shall incur the cost of any professional
investigation.
• AD. The property owners shall be required to conform with South Coast Air
Quality Management District, Los Angeles County and local ordinances and
engineering practices during construction by using dust control measures to stabilize
the soil from wind erosion and reduce dust generated by construction activities as
follows:
Fugitive Dust
a. A Comprehensive Fugitive Dust Control Program shall be developed and
implemented before commencement of grading activities, subject to review
and approval of the City staff.This Plan, at minimum, shall address
compliance with SCAQMD Rule 403, including:
-Water the site twice daily, including the stockpiled dirt
-Apply non-toxic soil stabilizers to inactive graded areas
- Periodically clean the roads at the end of the day if visible soil is carried
onto paved roads adjacent to the site. If water sweeper is to be used, it shall
use reclaimed water
-Install wheel washers where vehicles enter and exit the construction site
onto paved roads or wash off trucks and any equipment leaving the site each
trip
-Appoint a construction relations officer to act as a community liaison
concerning on-site construction activity including resolution of issues related
to PM10 dust generation
- All trucks hauling dirt, sand, soil, or other loose materials shall be covered
-Traffic speed limits shall be observed at all times
The applicants shall explore the feasibility of using reclaimed water for all of
their watering requirements during construction.
b. A High Wind Response Plan shall be developed and implemented before
commencement of grading activities, subject to review and approval of the
City staff in accordance with Rule 403 of the SCAQMD for times when wind
speeds exceed 25 mph to reduce emissions.
Construction Equipment Exhaust
c. Heavy construction equipment shall be properly tuned and maintained to
reduce emissions. Construction equipment shall be fitted with the most
modem emission control devices. The construction manager shall monitor
compliance with this measure and is subject to periodic inspections by City
Building Inspectors.
d. The project shall comply with Rule 461, which establishes requirements for
vapor control from the transfer of fuel from the fuel truck to vehicles, if
applicable,both during construction and subsequent operations.
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e. Provide temporary traffic controls such as a flag person, during the delivery
of heavy equipment or building materials to maintain smooth traffic flow.
f. Use electricity from power poles rather than temporary diesel or gasoline
power generators.
g. Reroute construction haul trucks away from congested streets or sensitive
receptor areas.
h. No vehicles shall idle in excess of five minutes, both on-site and off-site.
AE. The applicant shall submit a geotechnical report for review and approval
by the County of Los Angeles Geologist prior to issuance of a grading permit. Prior to
the submittal of an applicable final grading plan to the County of Los Angeles for plan
check, a detailed grading and drainage plan with related geology, soils and hydrology
reports must be submitted to the Rolling Hills Planning Department staff for their
review.
AF. Cut and fill slopes shall not exceed steepness of a 2 to 1 slope ratio. To the
greatest extent practicable, effort should be made to create gentler slopes than 2:1.
AG. Intensive geotechnical review and supervision shall be required
throughout the time the project is ongoing.
AH. As part of the soils and geology report, location for a future septic tank to
serve the new single family residence will be established. All applicable State and
County requirements, including County Health Department, pertaining to septic tanks
construction and maintenance shall be complied with.
AI. The applicant shall comply with LA County requirements relative to
submitting grading and construction plans on a bi-weekly basis, or as otherwise
required by the County engineers.
AJ. The applicant shall comply with LA County requirements for bonding for
grading and all other requirements resulting from their review of the soils and geology
reports.
AK. The applicant shall submit and obtain approval of a drainage plan from
the Los Angeles County Building Official, prior to issuance of any grading permits
and/or a building permit for new construction.
AL. The applicant shall submit and obtain approval of a Local Stormwater
Pollution Prevention Plan (SWPPP) to the City of Rolling Hills and Los Angeles County
Building Official, prior to issuance of any grading permits and/or a building permit for
new construction.
AM. The applicant shall submit and obtain approval of a Standard Urban
Stormwater Mitigation Plan (SUSMP) to the City of Rolling Hills and Los Angeles
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County Building Official, prior to issuance of any grading permits and/or a building
permit for new construction.
AN. The applicant shall submit a Notice of Intent to the State Water Resource
Control Board under the General Construction Activity Storm Water Permit for grading
of one acre or more of land area and shall meet all of the permitting requirements.
AO. An Erosion Control Plan per County of Los Angeles Uniform Building
Code requirements shall be prepared to minimize erosion and to protect slopes and
channels to control stormwater pollution as required by the County of Los Angeles.
AP. During construction, the property owners shall be required to schedule and
regulate construction activities including related traffic, and therefore limit noise
throughout the day between the hours of 7 AM and 6 PM, Monday through Saturday
only.
AQ. During grading and construction operations, trucks shall not park, queue
and/or idle at the project site or in the adjoining right-of-way before or after the
permitted hours of operations. In addition, there shall be no staging of equipment or
accumulation of vehicles on Appaloosa Lane. All staging and parking shall be on the
subject site.
AR. The contractors and subcontractors are to encourage their employees to car-
pool into the City.
AS. During grading/construction proper construction signs shall be installed
along the street warning drivers of the construction.
AT. The contractor shall ensure that there is no unnecessary delay of traffic
along off site access roads by heavy equipment blocking traffic.
AU. Construction activities shall be organized so as not to interfere
significantly with peak hour traffic and minimize obstr
uction of traffic lanes and if
necessary, a flag person shall be retained to maintain safety adjacent to the existing
roadways.
AV. Should any damage occur to Appaloosa Lane, due to the project
construction, in the area between the project site and the intersection of Appaloosa Lane
and Blackwater Canyon Road, the applicant shall repair that stretch of Appaloosa Lane
within three months of completion of the construction of the residence. Prior to
commencing grading the applicants shall submit to the Planning Department pictures
of Appaloosa Lane and the area where it intersects Blackwater Canyon Road.
AW. A bond in the amount of the cost estimate of the repair of Appaloosa Lane,
plus 20% City administrative cost, shall be required to be posted with the City prior to
Issuances of a grading permit and shall be retained until the street is repaired, if such
repair is required. Such street shall be repaired to LA County Road Construction
standards and to the satisfaction of RHCA.
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The applicant shall be responsible for keeping the roadway open to pedestrian,
vehicular and emergency traffic at all times during construction, including providing
alternative access, if it becomes necessary.
AX. The property owners shall be required to conform with the Regional
Water Quality Control Board, County Public Works Department and all other applicable
state, federal and local statutes and regulations related to Best Management Practices
(BMP's) related to solid waste.
AY. 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.
AZ The applicant shall pay all of the applicable Los Angeles County
Building and Safety and Public Works Department fees, including City's Parks and
Recreation Fees and Palos Verdes Unified School District fees for new residence.
BA. The applicants shall execute an Affidavit of Acceptance of all conditions
of the Site Plan Review approval, pursuant to Section 17.46.060, or the approval shall not
be effective.
BB. All conditions of the Site Plan Review approvals, which apply, must be
complied with prior to the issuance of grading permit from the County of Los Angeles.
BC. Notwithstanding sections 17.46.020 and 17.46.070 of the Rolling Hills
Municipal Code, any future construction on the property, which would constitute
structural development or grading, may be approved with the Planning Commission
review.
BD. If a different than the traditional method of grading for slope stabilization
and development is approved by LA County Public Works Department, for example
"tensar" construction, and it is utilized in this project, the applicant shall submit such
information to City staff, with modified grading calculations and limits of grading, if
different than approved by this resolution. If the grading quantities and limits of
grading turn out to be less than approved hereby, such information shall be provided to
the Planning Commission for information only. Should the grading quantities or limit
of grading be greater, the applicant shall file a modification to this approval and it shall
be reviewed and approved by the Planning Commission, pursuant to Section
17.46.070(D) of the Zoning Ordinance.
BE. Any action challenging the final decision of the City made as a result of the
public hearings 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.
BF. The property owner shall defend, indemnify, and hold harmless the City of
Rolling Hills and its officers, employees and agents from and against any claim, action
or proceeding against the City of Rolling Hills, its officers, employees, or agents to
attack, set aside, void, or annul any approval or condition of approval of the City of
Resolution No.2010-30
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Rolling Hills concerning this Site Plan Review application, including but not limited to
• any approval or condition of approval of the City Council, Planning Commission, City
Manager or Planning Director. The City shall promptly notify the applicant of any
• claim, action, or proceeding concerning the application and the City shall cooperate
fully in the defense of the matter. The City reserves the right, at its own option, to
choose its own attorney to represent the City, its officers, employees and agents in the
defense of the matter.
PASSED, APPROVED AND ADOPTED THIS 21st DAY OF DECEMBER 2010.
hut/-4
J V.SMITH, CHAIRPERSON
A'1-1•hST:
04e/4Lthzw
HEIDI LUCE,DEPUTY CITY CLERK
Resolution No.2010-30
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,
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2010-30 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING
HILLS IN ZONING CASE 757 MODIFICATION GRANTING MODIFICATIONS TO A
PREVIOUSLY APPROVED SITE PLAN REVIEW FOR SUBSTANTIAL GRADING FOR
SLOPE STABILIZATION AND CONSTRUCTION OF A SINGLE FAMILY RESIDENCE
ON A VACANT PARCEL OF LAND AT 3 APPALOOSA LANE (LOT 246-MS),
ROLLING HILLS, CA. (FOZOONMEHR). A MITIGATED NEGATIVE DECLARATION
WAS ADOPTED FOR THE PREVIOUSLY APPROVED PROJECT.
was approved and adopted at a regular meeting of the Planning Commission on
December 21,2010 by the following roll call vote:
AYES: Commissioners Chelf, DeRoy, Henke, Pieper and Chairperson Smith.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at Administrative Offices.
C��Gy �� LL�U1�
tiA
DEPUTY CITY CLERK
Resolution No.2010-30
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