757, Major Modification to a previo, Staff Reports Staff Reports
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VV NO.2 PORTUGUESE BEND ROAD
ROLLING HILLS,CA 90274
(310)377-1521
FAX(310)377-7288
Agenda Item No.4B
Mtg. Date: 01-10-11
DATE: JANUARY 10,2011
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR I
•
THROUGH: ANTON DAHLERBRUCH, CITY MANAGER \()1)
SUBJECT: 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.
RECOMMENDATION
1. It is recommended that the City Council receive and file this report or provide
other direction to staff.
REQUEST AND PLANNING COMMISSION ACTION
2. The property owners requested a modification to a previously approved Site
Plan Review, which consisted 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 new 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
ZC NO.757 Mod. 410
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westerly property line and to reduce the surficial grading quantities by over 17,400
cubic yards of cut and fill. 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. 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.
3. The Planning Commission approved the request unanimously with standard
findings of facts and conditions of approval and with the following additional
conditions:
• That the property line be staked in the area of the caissons throughout the
construction process
• The resolution includes all of the conditions from the originally approved project.
(Resolution 2008-15), including the mitigation measures and conditions relative
to the modification request.
• All references to grading on adjacent lots and conditions related thereto were
excluded from the language of the resolution.
• That any further development on the lot may be permitted with Planning
Commission review
• That the applicants comply with the Waste Diversion and the Water Efficient
Landscape Ordinances.
BACKGROUND
4. In 2008 the Planning Commission approved a Site Plan Review request to
construct 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, 11 feet deep, 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.
5. Since the 2008 approval, one of the adjacent property owners, on whose property
minor 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 and the proposed method of stabilization of the area of construction was
approved. The applicants have also submitted a drainage plan to the County, which
was reviewed and returned for minor corrections. The plan will need to be re-submitted
(with the corrections).to the County drainage engineer. One of the corrections is to
provide a drainage terrace along the eastern potion of the lot, which also requires a
ZC NO.757 Mod
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short wall. The RHCA Architectural Committee approved the residence and
construction plans were submitted to the County Building and Safety Department for
plan check.
6. The property is zoned RAS-2 and is 9.20 acres (gross) in size and 8.20 acres net,
as calculated for development. The lot is currently vacant. Subject lot is irregular in
shape with Appaloosa Lane located along the long portion of the lot.
7. Although the property is large, due to the terrain, less than 15% of the property
is developable. The areas not proposed for development, and not of need of grading to
correct a landslide condition, will remain in current state with mature trees and native
and non-native vegetation interspersed throughout this area. Portion of this area will
be re-vegetated with native plants, as required as part of the original approval.
8. A new driveway from Appaloosa Lane was approved by the Planning and
Traffic Commissions. Access to the future stable will be through an access road not to
exceed 25% in slope, and will connect to existing trails and to Appaloosa Lane. A new
bridle trail will be constructed near Appaloosa Lane to connect to SI'S trail and another
one will be constructed along the western portion of the property to connect to the
Glory trail.
9. Recently, the Planning Commission granted the applicants an extension of time
to commence the grading and construction.
10. One of the conditions of the original approval requires as follows:
"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".
The applicants requested that this condition be deleted as they feel the scope of work
has diminished where no grading will be done on adjacent lots as well as County's
staff oversight of all projects have increased. The applicants' agent also stated that the
General Contractor would have a job superintendent on site.
MUNICIPAL CODE COMPLIANCE
11. Since submitting the grading, drainage, soils and geology reports and plans to
the County, minor modifications were made to the plans. 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). The total grading will be reduced by
over 17,400 cubic yards, each cut and fill. It is anticipated that no more than 2,990 cubic
ZC NO.757 Mod
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yards of dirt from the basement would be exported. However, depending on the
shrinkage of the dirt, the basement dirt may have to be used on site.
The applicant is proposing to excavate the failed slope area and replace it with a
buttress fill keyed through the ancient slope failure mass, (re-compact using the same
material). A buttress is a tightly compacted fill that acts like a retaining wall and is
designed to hold land movement.The grading will be done in slots to avoid excessive
stockpiling of soil..
12. Storm drainage system will be installed consisting of two swales located on the
remediated areas and a swale behind the retaining wall of the building pad. The County
drainage engineer requires a drainage terrace to be located to the east of the residence.
The terrace construction requires a 4.5 high wall. A MSE (Mechanically Stabilized Earth)
wall with geogrid is proposed for that location and will be planted. Subdrains and catch
basins will be constructed throughout the project. A dissipater is planned near the
north-easterly property line.
13. A wall, varying in height between 6" curb to 5 feet is proposed to be constructed
along the residential building pad and along a portion of the driveway, which was
previously approved.
14. With this modification the applicants are now not proposing to construct the
water features or stable and corral, that were previously approved, but to set aside an
area for a future stable and corral and for calculations purposes show a future 450
square foot stable. The applicants representative shows.a minimum of 1,200 square foot
stable pad, which would require 72 cubic yards of grading and a maximum 2,560
square foot set aside area, which would require 143 cubic yards of grading. The net lot
area of the lot is 357,280 square feet, (8.2 acres). Two building pads are proposed. The
residential building pad is proposed to be 38,080 square feet and will have coverage of
12,502 square feet or 32.8% and with allowances the coverage will be 12,004 or 31.5%.
Coverage on the 1,200 square foot future stable pad is proposed at 450 square feet or
37.5%, (on a 2,560 square foot pad, the coverage would be 17.6%). Construction of a
stable would require a Conditional Use Permit and would therefore be reviewed by the
Planning Commission and the neighbors would have the opportunity to comment on
the proposal.
15. 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).
16. Disturbed area for this project will be 119,560 square feet or 33.5%, and with
future stable 117,620 square feet or 34.3%. (Previously the disturbance for this lot was
approved at 32.3%). Disturbance includes any remedial grading (temporary
disturbance), any graded slopes and building pad areas, and any nongraded area where
impervious surfaces will remain or are proposed to be added.
ZC NO.757 Mod
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17. The Glory Trail traverses the rear easement on the property and will be affected
by the repairs. It is required that the applicants restore the trail to the satisfaction of
RHCA.
18. As a condition of approval, the utility lines to the structures will be placed
underground; the roof material will meet City's standards and all other City and
County requirements for construction will be met.
ENVIRONMENTAL MITIGATION MEASURES
ENVIRONMENTAL REVIEW
19. Pursuant to the requirements of the California Environmental Quality Act,
(CEQA), staff prepared an Initial Environmental Study for the original proposal. The
study identified environmental factors, which would be potentially affected by the
proposed project. Those impacts included air quality due to substantial grading;
biological resources due to habitat modification; geology and soils due to the extensive
grading; hydrology due to substantially altering of existing drainage pattern; noise
generated during construction; and traffic generated during construction. 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.
The mitigation measures together with the conditions of the original approval
(Resolution No. 2008-15), which are applicable, are incorporated into a modified
Resolution.
CONCLUSION
20. This approval is conditioned on the applicant obtaining the appropriate
approvals from the County, the CA Department of Fish and Game, Regional Water
Quality Control Board, AQMD and other agencies. The applicant requested that the
condition requiring him to hire a third party project manager be waived, as there are
many agencies that will be overseeing this project and the general contractor will have a
superintendent who will be available at all times.
21. Staff deemed the proposed construction of caissons, elimination of the grading
on adjacent lots, the proposed wall construction behind the terrace and the request to
waive one of the conditions of approval as "major" modifications, and therefore
required that the applicant submit this application to the Planning Commission.
ZC NO.757 Mod
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SITE PLAN REVIEW CRITERIA
17.46.010 Purpose.
The site plan review process is established to provide discretionary review of
certain development projects in the City for the purposes of ensuring that the proposed
project is consistent with the City's General Plan;incorporates environmentally and
aesthetically sensitive grading practices;preserves existing mature vegetation;is
compatible and consistent with the scale, massing and development pattern in the
immediate project vicinity; and otherwise preserves and protects the health, safety and
welfare of the citizens of Rolling Hills.
17.46.050 Required findings.
A. The Commission shall be required to make findings in acting to approve,
conditionally approve, or deny a site plan review application..
B. No project which requires site plan review approval shall be approved by
the Commission, or by the City Council on appeal, unless the following findings can be
made:
1. The project complies with and is consistent with the goals
and policies of the general plan and all requirements of the zoning ordinance;
2. The project substantially preserves the natural and
undeveloped state of the lot by minimizing building coverage. Lot coverage
requirements are regarded as maximums, and the actual amount of lot coverage
permitted depends upon the existing buildable area of the lot;
3. The project is harmonious in scale and mass with the site,
the natural terrain and surrounding residences;
4. The project preserves and integrates into the site design, to
the greatest extent possible, existing topographic features of the site, including
surrounding native vegetation, mature trees, drainage courses and land forms (such as
hillsides and knolls); •
5. Grading has been designed to follow natural contours of the
site and to minimize the amount of grading required to create the building area;
6. Grading will not modify existing drainage channels nor
redirect drainage flow, unless such flow is redirected into an existing drainage course;
7. The project preserves surrounding native vegetation and
mature trees and supplements these elements with drought-tolerant landscaping which
is compatible with and enhances the rural character of the community, and landscaping
provides a buffer or transition area between private and public areas;
8. The project is sensitive and not detrimental to the convenient and safe
movement of pedestrians and vehicles; and
9. The project conforms to the requirements of the California Environmental
Quality Act.
SOURCE: City of Rolling Hills Zoning Ordinance
ZC NO.757 Mod -6-
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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.
Resolution No.2010-30
Fozoonmehr
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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 PIan, 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
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 C�r
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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.
Resolution No.2010-30
Fozoonmehr
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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.
Resolution No.2010-30
Fozoonmehr 10-
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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
Fozoonmehr
7 e)
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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
Resolution No.2010-30
Fozoonmehr
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i •
•
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.
Resolution No.2010-30
Fozoonmehr t (>'
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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
10 4/11
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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 n
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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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Fozoonmehr 13
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.
ALUM
Jp,V. SMITH, CHAIRPERSON
ATTEST:
4euAduw
HEIDI LUCE, DEPUTY CITY CLERK
Resolution No.2010-30
Fozoonmehr /S
13 5
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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 ADOYIED 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.
DEPUTY CITY CLERK
Resolution No.2010-30
Fozoonmehr 2614
•
v J Vr y • •
G HIL
Roaft9 qeted�„ea, � INCORPORATED JANUARY 24, 1957
NO.2 PORTUGUESE BEND ROAD
ROLLING HILLS,CA 90274
(310)377-1521
FAX(310)377-7288
Mtg. Date: 12-21-10
Agenda Item No: 5B
TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE
PLANNING COMMISSION
FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR
SUBJECT: 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.
DATE: DECEMBER 21,2010
REQUEST AND RECOMMENDATION
1. The applicants, Dr. and Mrs. Fozoonmehr, requested modifications to a
previously approved Site Plan Review for 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 on subject property at 3 Appaloosa Lane.
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 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. The applicants 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.
-1 -
• •
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.
3. It is recommended that the Planning Commission review and adopt Resolution
No. 2010-30 granting the modifications.
BACKGROUND
4. At the November 16, 2010 public hearing, the Planning Commission directed
staff to prepare a resolution of approval, which would reflect the proposed
modifications.
5. The attached Resolution (Resolution No. 2010-30) contains the standard findings
and facts described in the original project resolution and includes all of the conditions
from the originally approved project — (Resolution 2008-15), including the mitigation
measures and conditions relative to the modification request. All references to grading
on adjacent lots and conditions related thereto were excluded from the language of the
resolution.
6. Due to the grading activity that was unintentionally done on subject property
by the neighbor, the disturbed area of the lot has increased by 1.4%, for a total
disturbance of the lot of 34.3%, which includes future stable, and is incorporated into
the amended resolution.
0
•
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 Q1
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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%.
Resolution No. 2010-30
Fozoonmehr
3
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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.
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 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)
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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.
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 xvhich 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 he 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
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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 .
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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.
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. •
Al. 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 (SUSIMIP) to the City of Rolling Hills and Los Angeles
Resolution No. 2010-30
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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.
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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.
JILL V. SMITH, CHAIRPERSON
ATTEST:
HEIDI LUCE, DEPUTY CITY CLERK
•
Resolution No. 2010-30
Fozoonmehr
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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: .
NOES:
ABSENT:
ABSTAIN:
and in compliance with the laws of California was posted at Administrative Offices.
DEPUTY CITY CLERK
Resolution No. 2010-30
Fozoonmehr
14 (�
LNG HI�s
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eere, Rotece9. Vie� INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310)377-1521
FAX(310)377-7288
Mtg. Date: 11-16-10
Agenda Item No: 7A
TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE
PLANNING COMMISSION
FROM: YOLANTA SCHWARTZ,PLANNING DIRECTOR
APPLICATION NO. ZONING CASE NO. 757-Modification
SITE LOCATION: 3 APPALOOSA LANE (LOT 246-MS)
ZONING AND SIZE: RA-S-2, 8.20 ACRES (NET)
APPLICANT: DR. AND MRS. FOZOONMEHR
REPRESENTATIVE: DOUGLAS McHATTIE, BOLTON ENGINEERING
PUBLISHED: NOVEMBER 4,2010
REQUEST AND RECOMMENDATION •
1. The applicants, Dr. and Mrs. Fozoonmehr, request a modification to a previously
approved Site Plan Review for 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 on
subject property at 3 Appaloosa Lane.
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 grading quantities by a total of over 17,400 cubic
yards. In addition, a drainage terrace with a not to exceed 4.5foot high wall is planed to
be constructed. The applicants also request that the Planning Commission consider
waiving one of the originally imposed conditions of approval, (request is attached),
which requires that a third party consultant be hired by the City, at the owners'
expense, to oversee the project.
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
-1 -
A
• •
environmental impacts that were not previously addressed in the original Mitigated
Negative Declaration.
3. It is recommended that the Planning Commission review the staff report, open
the public hearing, take public testimony consider the request and provide direction to
staff.
BACKGROUND
4. In 2008 the Planning Commission approved a Site Plan Review request to
construct 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, 11 feet deep, 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.
5. Since the 2008 approval, one of the adjacent property owners, on whose property
minor 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 and the proposed method of stabilization of the area of construction was
approved. The applicants have also submitted a drainage plan to the County, which
was reviewed and returned for minor corrections. The plan will need to be re-submitted
(with the corrections) to the County drainage engineer. One of the corrections is to
provide a drainage terrace along the eastern potion of the lot, which also requires a
short wall. The RHCA Architectural Committee approved the residence and
construction plans were submitted to the County Building and Safety Department for
plan check.
6. The property is zoned RAS-2 and is 9.20 acres (gross) in size and 8.20 acres net,
as calculated for development. The lot is currently vacant. Subject lot is irregular in
shape with Appaloosa Lane located along the long portion of the lot.
7. Although the property is large, due to the terrain, less than 15% of the property
is developable. The areas not proposed for development, and not of need of grading to
correct a landslide condition, will remain in current state with mature trees and native
and non-native vegetation interspersed throughout this area. Portion of this area will
be re-vegetated with native plants, as required as part of the original approval.
8. A new driveway from Appaloosa Lane was approved by the Planning and
Traffic Commissions. Access to the stable will be through an access road not to exceed
25% in slope, and will connect to existing trails and to Appaloosa Lane. A new bridle
trail will be constructed near Appaloosa Lane to connect to SI'S trail and another one
will be constructed along the western portion of the property to connect to the Glory
trail.
e
•
9. Recently, the Planning Commission granted the applicants an extension of time
to commence the grading and construction.
10. One of the conditions of the original approval requires as follows:
"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".
The applicants request that this condition be taken out as they feel the scope of work
has diminished where no grading will be done on adjacent lots as well as County's
staff oversight of all projects have increased. The applicants' agent also states that the
General Contractor would have a job superintendent on site.
MUNICIPAL CODE COMPLIANCE
11. Since submitting the grading, drainage, soils and geology reports and plans to
the County, minor modifications were made to the plans. 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). The total grading will be reduced by
over 17,400 cubic yards. It is anticipated that no more than 2,990 cubic yards of dirt
from the basement would be exported. However, depending on the shrinkage of the
dirt, the basement dirt may have to be used on site.
The applicant is proposing to excavate the failed slope area and replace it with a
buttress fill keyed through the ancient slope failure mass, (re-compact using the same
material). A buttress is a tightly compacted fill that acts like a retaining wall and is
designed to hold land movement. The grading will be done in slots to avoid excessive
stockpiling of soil..
12. Storm drainage system will be installed consisting of two swales located on the
remediated areas and a swale behind the retaining wall of the building pad. The County
drainage engineer requires a drainage terrace to be located to the east of the residence.
The terrace construction requires a 4.5 high wall. A MSE (Mechanically Stabilized Earth)
wall with geogrid is proposed for that location and will be planted. Subdrains and catch
basins will be constructed throughout the project. A dissipater is planned to constructed
near the north-easterly property line.
13. A wall, varying in height between 6" curb to 5 feet is proposed to be constructed
along the residential building pad and along a portion of the driveway, which was
previously approved.
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14. With this modification the applicants are now not proposing to construct the
water features or stable and corral, that were previously approved, but to set aside an
area for a future stable and corral and for calculations purposes show a future 450
square foot stable. The applicants representative shows a minimum of 1,200 square foot
stable pad, which would require 72 cubic yards of grading and a maximum 2,560
square foot set aside area, which would require 143 cubic yards of grading. The net lot
area of the lot is 357,280. square feet, (8.2 acres). Two building pads are proposed. The
residential building pad is proposed to be 38,080 square feet and will have coverage of
12,502 square feet or 32.8% and with allowances the coverage will be 12,004 or 31.5%.
Coverage on the 1,200 square foot future stable pad is proposed at 450 square feet or
37.5%, (on a 2,560 square foot pad, the coverage would be 17.6%). Construction of a
stable would require a Conditional Use Permit and would therefore be reviewed by the
Planning Commission and the neighbors would have the opportunity to comment on
the proposal.
15. 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).
16. 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%. (Previously the disturbance for this lot was
approved at 32.3%). Disturbance includes any remedial grading (temporary
disturbance), any graded slopes and building pad areas, and any nongraded area where
impervious surfaces will remain or are proposed to be added.
17. The Glory Trail traverses the rear easement on the property and will be affected
by the repairs. It is required that the applicants restore the trail to the satisfaction of
RHCA.
18. As a condition of approval, the utility lines to the structures will be placed
underground; the roof material will meet City's standards and all other City and
County requirements for construction will be met.
ENVIRONMENTAL MITIGATION MEASURES
ENVIRONMENTAL REVIEW
19. Pursuant to the requirements of the California Environmental Quality Act,
(CEQA), staff prepared an Initial Environmental Study for the original proposal. The
study identified environmental factors, which would be potentially affected by the
proposed project. Those impacts included air quality due to substantial grading;
biological resources due to habitat modification; geology and soils due to the extensive
grading; hydrology due to substantially altering of existing drainage pattern; noise
generated during construction; and traffic generated during construction. 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.
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The mitigation measures together with the conditions of the original approval
(Resolution No. 2008-15), which are applicable, will be incorporated into a modified
Resolution, should this modification be approved.
CONCLUSION
20. This approval is conditioned on the applicant obtaining the appropriate
approvals from the County, the CA Department of Fish and Game, Regional Water
Quality Control Board, AQMD and other agencies. The applicant requests that the
condition requiring him to hire a third party project manager be waived, as there are
many agencies that will be overseeing this project and the general contractor will have a
superintendent who would be available at all times.
21. Staff deemed the proposed construction of caissons, elimination of the grading
on adjacent lots, the proposed wall construction behind the terrace and the request to
waive one of the conditions of approval as "major" modifications, and therefore
required that the applicant submit this application to the Planning Commission. The
remaining modifications, such as reduction in the overall grading quantities, and
changes in the disturbance (by 0.6%) and the construction of the drainage terrace (as
required by the County engineer) are not considered major modifications and would
have been approved administratively.
SITE PLAN REVIEW CRITERIA
17.46.010 Purpose.
The site plan review process is established to provide discretionary review of
certain development projects in the City for the purposes of ensuring that the proposed
project is consistent with the City's General Plan; incorporates environmentally and
aesthetically sensitive grading practices;preserves existing mature vegetation;is
compatible and consistent with the scale, massing and development pattern in the
immediate project vicinity; and otherwise preserves and protects the health, safety and
welfare of the citizens of Rolling Hills.
17.46.050 Required findings.
A. The Commission shall be required to make findings in acting to approve,
conditionally approve, or deny a site plan review application.
B. No project which requires site plan review approval shall be approved by
the Commission, or by the City Council on appeal, unless the following findings can be
made:
1. The project complies with and is consistent with the goals
and policies of the general plan and all requirements of the zoning ordinance;
2. The project substantially preserves the natural and
undeveloped state of the lot by minimizing building coverage. Lot coverage
requirements are regarded as maximums, and the actual amount of lot coverage
permitted depends upon the existing buildable area of the lot;
3. The project is harmonious in scale and mass with the site,
the natural terrain and surrounding residences;
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4. The project preserves and integrates into the site design, to
the greatest extent possible, existing topographic features of the site, including
surrounding native vegetation, mature trees, drainage courses and land forms (such as
hillsides and knolls);
5. Grading has been designed to follow natural contours of the
site and to minimize the amount of grading required to create the building area;
6. Grading will not modify existing drainage channels nor
redirect drainage flow, unless such flow is redirected into an existing drainage course;
7. The project preserves surrounding native vegetation and
mature trees and supplements these elements with drought-tolerant landscaping which
is compatible with and enhances the rural character of the community, and landscaping
provides a buffer or transition area between private and public areas;
8. The project is sensitive and not detrimental to the convenient and safe
movement of pedestrians and vehicles; and
9. The project conforms to the requirements of the California Environmental
Quality Act.
SOURCE: City of Rolling Hills Zoning Ordinance
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Alton Engineering Co*
October 26, 2010
Yolanta Schwartz, Planning Director
City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, CA 90274
Dear Mrs. Schwartz:
We are hereby respectfully requesting that condition "C" section 12 of the conditions
of approval for the development of 3 Appaloosa be removed.
With all of the safeguards that have been put in place since the approval process
and there will be a job Superintendent there at all times, it appears unnecessary to have
an independent construction consultant on site.
The grading operation has shrunk considerably in scope, primarily as the grading is
now totally within the property at 3 Appaloosa Lane and not on any neighboring property.
The project will be monitored by the State of California, Fish and Game, The Water
Control board, and two divisions of Los Angeles County; Soils and Geology and Drainage
and Grading, with written reports submitted every two weeks. The City is observing
constantly.
Based on the foregoing, I believe this to be a very reasonable request.
Sincerely,
lad.4r4e
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Douglas K. McHattie C'e
REt
ill D
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OCT 26 2010
Gi1y of Bolling Hilts
25834 Narbonne Ave., Suite 210, Lomita, CA 90717 tel(310) 325-5580 fax(310) 325-5581
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COUNTY OF LOS ANGELES
DEPARTMENT OF PUBLIC WORKS
GEOTECHNICAL AND MATERIALS ENGINEERING DIVISION
SOILS ENGINEERING REVIEW SHEET
Address: 900 S. Fremont Ave.,Alhambra,CA 91803 - District Office 12.02
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Telephone: (626)458-4925 Job Number 8372001 /A304
Fax: (628)458-4913 Sheet 1 of 2
Review No.9 DISTRIBUTION:
Single Family Residence 1 Drainage
1 Grading
Location 3 Appaloosa Lane,City of Rolling Hills 1 Geo/Soils Central File
. Developer/Owner Fozoonmehr _District Engineer
Engineer/Architect Bolton Engineering,Inc. Geologist
Soils Engineer Sassan Geosciences, Inc.(5F0Z091) 1 Soils Engineer
Geologist Sassan Geosciences, Inc. 1 Engineer/Architect
Grading Plan Check No.0403180001
Review of:
Revised Grading Plan Dated by Processing Center 8/26/10
Soils Engineering and Geologic Report Dated 8/24/10,2/12/10:9/29/08, 10/19/07,8/30/06,3/16/06
Soils Engineering Reports by Hu Dated 228/05.2/2/04
Geologic Reports by EGL Dated 2/14/05.1/19/04
Previous Review Sheet Dated 8/10/10
ACTION:
Grading plan is recommended for approval.
REMARKS:
1. Submit all in-progress reports to the Soils Section for verification that the completed work complies with County codes and policies.
Verify the work being completed during the grading process. Soils Engineer and/or Geologist must verify the depth of each pile,
construction of soil-cement keyway,slot-cut design,and all work being completed. In-progress reports must be submitted directly
to GMED for review.
2. Submit a rough grading report to the Soils Section for verification that the completed work complies with County codes and
policies.
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LAN CHKKER/BUILDING AND SAFETY DISTRICT ENGINEER:
A ON-SI E SOILS ARE CORROSIVE TO FERROUS METALS AND HAVE A HIGH EXPANSION POTENTIAL.
B. ONLY THE SOILS/FOUNDATION RECOMMENDATIONS DEPICTED ON THE PLANS ARE APPROVED.
• CtPpf E88/04,�`
egr0
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im m .
fil •
Reviewed by / �i 0 � �\ Date 9/8/10
?/
safety, Q p ,., �F�
NOTICE Public relative to eotechnlcsl su•surfeca explore.• •�• ovided in accordance with current codes for excavations,
Inclusive of the Los Angeles County Code,Chapter 11.48,and the State o a Ifomia,Title 8,Construction Safety Orders.
P:YosM3 Appaloosa Ln.City of Rolling Hills,GP•NA_9
öOTECHNICAL
AND MATERIALS ENGINEEOffice
Sheet 1 of 1Works DISTRIBUTION
GEOLOGIC REVIEW SHEET DIVISION
900 So.Fremont Ave. Dist. gist
TEL.(626)58-4926�, CA 91803 —� Geologist
Soils Engineer
GMED File
Tract/Parcel Map _ LDD-Grading
Parent Tract Lot(s)
Site Address 3 A aloosa Lane Location
Geologist Sassan Geosciences, Inc. APN Ci of Rollin Hills
Soils Engineer Sassan Geosciences, In . Developer/Owner
O�,ner 7569'026-011
Engineer/Arch. Fozoonmehr
Grading P.C. No. 0403180001 Bolton En ineer9n
Geology and Soils Engineering Report(s)Dated Fog/24Pp ti12/1�_ 3
Additional Re orts Reviewed 29/08 ds. from old Ian
EGL:2/14/05, 1/19/04; . 9/28/05, /2/047, 8/30/06, 3/16/O6
Hu Assoc,:2/28/05,2/2/04 SFOZ091
Action: plan is recommended for approval from a
Plan is not recommended for approval for reasons below.
geologic standpoint, subject to conditions below.
Remarks1Conditions:
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1 Sheetg
plans must be specifically approved by the consu
ltant geologist by manual,original signature and date on each
2. All recommendations of the consultin
3• In-gradin g inspections 9 geologist and soils engineer must be followed.
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must be made by the consulting geologist
tand soils engineer. Monthlyin
must be submitted dire I S bb
---�Y to the Geology and Soils Section y con slur_
4.
Rough grading must be approved be -grading inspection reports
must be included in the final geology rep'song
in
Pnrovide a final report statement that verifies w
report recommendations and code provisions(Section J105.12).
OS 12gy and soils engineering report. An AS-Built Geologic Map
and Materials Engineering Division for review and approval.
) The final report(s)must be submitted to the G���m�l
5. The Soils Engineering review dated
is attached.
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___ _____4_Prepared by
Charles Nestle Reviewed by
Please complete a Customer Service Survey at ht ://d w.lacoun Date 9/1/10
v iGmeputAGeology Reviejo„ns Worm08 doe
2J13+08 D Uov/qo/gmedsurve
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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 Iocated 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
111 411
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
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Commission finds that although the proposed project could have an effect on the
Resolution No. 2008-15
Fozoonmehr
2 11
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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.
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Resolution No.2008-15
Fozoonmehr
3 �Z
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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 (--;-3
4
i •
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.
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Resolution No.2008-15
Fozoonmehr j
5 �"7
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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 include 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 Iot 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 Iot 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 Iandscaped. Landscaping shall
include water efficient irrigation, to the maximum extent feasible, that incorporates low
Resolution No.2008-15
Fozoonmehr
6 D
• . •
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
Fozoonmehr
7 OD
! !
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 he 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 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 dosure of trails.
Resolution No.2008-15
Fozoonmehr 8 0:14)-
•
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 •
Fozoonmehr 1
9 1 �
• •
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
Fozoonmehr
10 5
• •
•
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
Fozoonmehr
11 2,0
• •
throughout the day behveen 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
Fozoonmehr
12 20
•
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
Fozoonmehr
13
• • '
PASSED, APPROVED AND ADOPTED THIS 16th DAY OF SEPTEMBER 2008.
. () I L
RICHARD HENKE, CHAIRMAN
ATTEST:
MARILYN KERN, DEPUTY CITY CLERK
•
Resolution No.2008-15
Fozoonmehr
14
•
•
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 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).
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.
DEPUT CITY CLERK
Resolution No.2008-15
Fozoonmehr
15 .1.l
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-=�= AN ROLLING HILLS,CALIF. 90274
(310)377-1521
FAX:(310)377-7288
DATE: SEPTEMBER 16, 2008
TO: HONORABLE MEMBERS OF THE PLANNING COMMISSION
FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR ,
APPLICATION NO. ZONING CASE NO. 757 ' Or' re
SITE LOCATION: 3 APPALOOSA LANE (LOT 246-MS)
17 BUGGY WHIP DRIVE (LOT-6-BW)
19 BUGGY WHIP DRIVE (LOT 247-5-MS)
ZONING AND SIZE: RA-S-2, 9.2 ACRES GROSS
1.82 EACH ON BUGGY WHIP
APPLICANT: DR. AND MRS. FOZOONMEHR
REPRESENTATIVE: DOUGLAS McHATTIE, BOLTON ENGINEERING
PUBLISHED: JULY 5, 2008
REQUEST AND RECOMMENDATION
The applicants, Dr. and Mrs. Fozoonmehr, request 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 sq.ft. single family
residence, 2,050 sq.ft. garage, 820 sq.ft. swimming pool, service yard, barbecue and a
450 sq.ft. stable at 3 Appaloosa Lane. A 6,423 sq.ft. basement is also proposed. The
residence is proposed to have a height of between 17' and 20' at the highest ridgeline
from the finished grade. Several light wells are proposed, ranging in width from 5 to 8
feet. No new construction is proposed at 17 and 19 Buggy Whip Drive.
It is recommended that the Planning Commission, review the draft Resolution and
adopt Resolution No. 2008-15.
BACKGROUND
1. At the August 19, 2008 Planning Commission meeting, after a lengthy
discussion, the Commission directed staff to prepare a Resolution approving the
proposed project. The vote was 5-0.
2. The Commission kept the public hearing open, so that a discussion could
continue on this project, if necessary.
"✓
0 Printed on Recycled Paper
• . y
3. The attached Resolution No. 2008-15 contains standard findings of facts
and conditions of approval including conditions, as directed by the Planning
Commission and those contained in the Mitigated Measures of the
Environmental Study, prepared by staff, and they include:
• Any further development on the property to be reviewed by the Planning
Commission
• That the applicant reimburses the City for a cost of an independent
construction inspector to monitor the project. The consultant to be
approved by the City.
• That an agreement be executed and submitted to the City between the
affected property owners.
• That a landscaping plan be submitted, both, for the re-mediated graded
areas and the building pad area and a security deposit be placed for the
cost of implementing the landscaping.
• That the landscaping plan be reviewed by the Fire Dept. for compliance
with fuel modification requirements.
• That a licensed biologist or plant specialist be retained by the applicant
and that the biologist meet with the contractor prior to grading to explain
the location of native vegetation, replanting requirements and bird nesting
measures.
• That the lost native vegetation be replanted.
• That a minimum of 50% of the vegetation lost to grading be recycled and
proof provided to City.
• That the mature trees along Appaloosa Lane be retained.
• That the trails remain open, to the greatest extend practicable, and that
Glory Trail be reconstructed subject to RHCA and Caballeros approval.
• That construction signage be provided when the trails will be closed.
• That the driveway be roughened for equestrian passage and meet Traffic
Commission requirements.
• That all conditions of AQMD be met regarding dust control, equipment
maintenance, idling and traffic controls, including a flagmen when
necessary.
• That the applicant work with the neighbor at 19 Buggy Whip to correct
the drainage issue on his property. .
• That Appaloosa Lane be repaired, if damaged during construction and
that a bond for the cost of repair be placed with the City.
• No construction or delivery trucks are to use Buggy Whip Drive.
• That all of the State and County storm water management controls be
implemented.
• That the drainage swales be tinted earth tone color.
• That the applicant meets all of County requirements regarding bonding
for grading, erosion control measures, geotechnical conditions and other
requirements.
• That the contractor is to encourage his employees to car pool into the City.
• That if a different than the traditional method is used to stabilize the
ancient landslide, a repot be submitted to the Planning Commission. If the
grading quantities and/or grading limits change (increase) due to the
02.
• •
other method, the project would require Planning Commission review as
a modification.
• That the applicant 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 with regards to this development.
As stated earlier it is recommended that the Planning Commission adopt
Resolution No. 2008-15, approving this project.
3
•
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 Iandslide 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
•
. y
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\vall 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
Fozoonmehr4110
•
2
• •
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 (25O1o) 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
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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 properly. 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
• •
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.
P. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because the proposed
new driveway lvill 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
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L. 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 include 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 �nl
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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
Fozoonmehr l d
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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. To prevent construction equipment from going beyond the limits of the
site, contractors shall use fencing or other barriers to the greatest extent possible.
If during construction a construction fence is installed, it 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 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.
Resolution No. 2008-15
Fozoonmehr 1 J
8
•
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 RI ICA.
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
Fozoonmehr
9
- 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 Iiaison
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 cvatering 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
Fozoonmehr
10
reports must be submitted to the Rolling I-Iills 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.
AEI. 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
Fozoonmehr
11 Of
• •
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 streetwarning 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.
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.
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.
Resolution No.2008-15
Fozoonmehr 12
• •
BC. The applicant shall pay all of the applicable Los Angeles County Building and
Safely 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
Fozoonmehr 13 1 ro
• •
PASSED, APPROVED AND ADOPTED TI-IIS 16th DAY OF SEPTEMI3ER 2008.
RICI-IARD HENKE, CI-IAIRMAN
ATTEST:
MARILYN KERN, DEPUTY CITY CLERK
Resolution No. 2008-15
Fozoonmehr
14 (12)
• •
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §
CITY OF ROLLING IILLS )
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 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).
was approved and adopted at a regular meeting of the Planning Commission on
September 16, 2008 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
and in compliance with the laws of California was posted at Administrative Offices.
DEPUTY CITY CLERK
Resolution No.2008-15 I n
Fozoonmehr b
15
M
G HI ••
Li.4p -c, 07 1
t'v Y
\ O_ __ &re/
ROZt, � INCORPORATED JANUARY 24, 1957
NO.2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274,
(310)377-1521
FAX(310)377-7288
Mtg. Date 9/21/10-
- Agenda Item: 6A
TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE
PLANNING COMMISSION
FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR
SUBJECT: REQUEST FOR TIME EXTENSION
ZONING CASE NO. 757
Dr. Shahran Fozoonmehr, 3 Appaloosa Lane. (Lot
246-MS). Site Plan Review for substantial grading
for slope stabilization and grading for a building
pad; and construction of a new single-family
residence, garage, pool and future stable.
BACKGROUND
Attached is a request from Dr. and Mrs. Fozonnmehr for a two-year time
extension to commence construction of the previously approved project
consisting of substantial grading to repair a landslide condition on the subject lot
and grading of small areas on two adjacent lots; grading fora building pad and
construction of a new single family residence, garage, pool and a future stable in
Zoning Case No. 757. The Planning Commission approved this project on
September$ 2008 by Resolution No. 2008-15.
One of the conditions of approval requires that the project construction
commence within two years from the effective date of the resolution, (October
16, 2008). Pursuant to Section 17.46.070 of the Zoning Ordinance, approvals are
valid for the time period specified by the Planning Commission, but not to
exceed two years from the effective date of a resolution of approval. The
Planning Commission may extend the approval for up to maximum two years.
The applicant states that after the plans were prepared and submitted to the
County for review, the adjacent property owners withdrew their approval to
allow the applicant to grade on their properties. The method of the landslide
repair had to be re-evaluated and plans revised.The applicants submitted revised
-1 -
ti ,
1
soils, geology and geotechnical plans to the County Soils and Geology
Department, which are currently under review.
The applicants will return to the Planning Commission with the revised project,
under a request for modification. However, meanwhile, they are requesting an
extension for the previous approval.
RECOMMENDATION
It is recommended that the Planning Commission consider the request arid adopt
Resolution No. 2010-24 granting two-years extension to commence grading and
construction of this project. If granted, the project would expire in October 2012.
•
-2-
• •
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.
1
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PASSED, APPROVED AND ADOPTED THIS 21st DAY OF SEPTEMBER 2010.
JILL V. SMITH, CHAIRPERSON
ATTEST:
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 Y
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:
NOES:
ABSENT:
ABSTAIN:
and in compliance with the laws of California was posted at the following:
Administrative Offices
•
DEPUTY CITY CLERK
•
Shahram and Jilla Fozoonmehr
28701 Highridge Road
Rolling Hills Estates, CA 9 TZE
CEIVED.
JUL292010
•
City of Rolling Hills
By
City of Rolling Hills
Planning Commission
Subject: request for extension of #3 Appaloosa Lane—grading new home (zoning
Case no. 757)
This is a request to extend the F pproval for grading and construction of zoning
case no. 757 - reso 21008 -.1.`_;
July 27, 2010
Dear Sirs:
In October of 2008, the planning commission approved grading and construction
at #3 Appaloosa Lane. The approval included grading on the adjacent properties
(#17 Buggy Whip Drive and #11 Buggy Whip Drive).
After the plans were processes:: with the County of LA, one of the owners of.those
adjacent properties to #3 Appaloosa Lane decided not to let us do the grading on
their property.
The plan had to be revised. As .3 result, it took the engineers and the county more
time to review it.
The revised plan included somt caissons on the boundary between the Appaloosa
Lane and Buggy Whip Drive properties.
•
• •
Soon, the county permit will be granted. It is at this time we are requesting that •
the approval be extended for two more years. .
Sincerely,
431 .6'•;77,2 vc‘_-•• --- z.,./. . . . - - • . • . _ . ,. . • - ' . ..
Shahram•and Jilla Fczoonmeh
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-- 1 �, INCORPORATED JAfJUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF.90274
(310)377.1521
DATE: FAX:(310)377.7288
AUGUST 19, 2008
TO: HONORABLE MEMBERS OF THE PLANNING COMMISSION
FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR
ATTACHMENTS: Biological Resources Assessment
Vegetation Map/Blue Line Stream
Responses from LA County and SCAQMD
Soils and Geology Correction Sheets (County of LA)
Mitigation Measures
Initial Environmental Study
APPLICATION NO. ZONING CASE NO. 757
SITE LOCATION: 3 APPALOOSA LANE (LOT 246-MS)
17 BUGGY WHIP DRIVE (LOT-6-BW)
19 BUGGY WHIP
ZONING AND SIZE: RA-S-2, 9.2 ACRES DROSS OT 247-5-MS)
1.82 EACH ON BUGGY WHIP
APPLICANT: DR. AND MRS. FOZOONMEHR
REPRESENTATIVE: DOUGLAS McHATTIE, BOLTON ENGINEERING
PUBLISHED: JULY 5, 2008
REQUEST
The applicants, Dr. and Mrs. Fozoonmehr, request 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 sq.ft. single family
residence, 2,050 sq.ft. garage, 820 sq.ft. swimming pool, service yard, barbecue and a
450 sq.ft. stable at 3 Appaloosa Lane. A 6,423 sq.ft. basement is also proposed. The
residence is proposed to have a height of between 17' and 20' at the highest ridgeline
from the finished grade. Several light wells are proposed, ranging in width from 5 to 8
feet. No new construction is proposed at 17 and 19 Buggy Whip Drive.
RECOMMENDATION
It is recommended that the Planning Commission review the staff report, view the
project, take public testimony and provide direction to staff.
ZC No.757
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®Printed on Recycled Paper
BACKGROUND AND PREVIOUS MEETING
1. The proposed construction requires grading and slope stabilization to correct
landslide condition on the subject Iot and on two adjacent lots at 17 and 19 Buggy Whip
Drive. To date the lot did not experience any visible landslide or movement of earth.
However, the geological studies show an ancient landslide underlying the lots.
2. At a public hearing in July, the Planning Commission expressed concerns with
this development, including size of the development, building pad coverage, soils,
geology, and environmental impacts such as noise, pollution, effect of grading on the
street and on other properties, stability of the lot and method of grading. Since the July
meeting the applicants eliminated 1,264 square feet of water feature, reduced the stable
from 672 sq.ft. to 450 sq.ft. and provided a larger building pad.
The revised building pad area coverage is proposed to be 30.6% (not including covered
porch and barbecue — previously 38.5%). The building pad is proposed to be enlarged
from 32,580 sq.ft. to 39,208 sq.ft. The proposed grading would still be within the
proposed 150,000 cubic yards of cut and fill and 126,000 square feet of disturbed area.
3. In response to the Commissioners' questions and concerns regarding the size of
the development, the request to exceed the building pad area and the location of the
blue line stream and the native vegetation the applicants' representatives responded as
follows:
a) Size of development:
The proposed size of the structures is similar to that approved in 2003, except that a
smaller basement was proposed (4,750 s.f. vs. 6,423 s.f. currently), and a larger stable
(1,671 s.f. vs. 450 s.f. currently). The applicant had the plans approved by the City, all of
the various departments in the County of LA and RHCA. The applicants stated that
they had spend tremendous amount of time, effort and money, including architectural,
engineering and plan checking costs to get to this point only to find out that the
previous soils/geology reports were faulty and that the County would not approve the
landslide repair as proposed in 2003. It would be a financial and time consuming
hardship to have to redesign the project and having the structural plans resubmit to the
various agencies for review.
b) Exceeding the guideline for residential building pad coverage:
The 2003 approval was for a 29.5% residential pad coverage on a larger pad. The
applicants propose to enlarge the pad (since the July meeting) so that the residential
building pad coverage would be 30.6%. The pad could be enlarged further, but it would
require additional walls.
c) Proximity of grading to the street and would rerouting of the road be possible, if
it became necessary: The applicants engineer explained that the area of grading for the
key is between 50-65 feet from the roadway easement. The grading for the driveway is
proposed adjacent to the roadway easement. It is not unusual to grade for driveway
near a roadway easement. It is possible that the work area for the grading would extend
beyond the key area, however the "buffer" between the work and the roadway is at a
minimum of 50-feet. (Also see LA County response).
ZC No.757
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d) The applicant's licensed biologist provided a map of the location of the blue line
stream, which is attached. With proper management practices, the blue line stream will
not be affected by this project. Approximately 0.39 acres of sensitive/native vegetation
will be affected, which is located along the western area of the proposed building pad
and on portions of the adjacent properties that will be graded.
4. The Commission also asked several technical questions. Staff forwarded the
questions to the Los Angeles County Soils and Geology Division as well as the Air
Quality Management District (SCAQMD), as appropriate. The responses are attached.
During the discussion at the July meeting a statement was made that when approving a
project the Planning Commission must answer and make certain findings for approval
of a Site Plan. One of them is "that the proposed project minimizes grading and
preserves the natural terrain to the greatest extent possible".
Responses to question #1 and #6 from LA County Soils and Geology staff generally
answer this question. Generally, in order to repair the landslide condition, grading as
proposed would be required. So any size structure proposed to be built on this property
would probably require the same amount of work before the County could approve it.
5. As stated at the July meeting, many agencies including several environmental
agencies had an opportunity to review the Initial Environmental Study. Only SCAQMD
replied and recommended additional mitigation measures. Proposed mitigation
measures, including those recommended by the SCAQMD are attached.
6. At the previous meeting, the Commission also requested information on the
historical landslide repairs on the adjacent property (5 Sagebrush Lane). City's records
indicate as follows:
In 1988, grading and building permits were issued for the construction of a residence
for Dr. J.W. Greenhut at 5 Sagebrush Lane. The grading was not completed and all of
the excavated soil was placed back into the excavated area without compaction tests
prior to refilling the cut area. Shortly thereafter, the property was taken over by Del
Amo Savings Bank. In June of 1994, Del Amo Savings Bank was granted Site Plan
Review approval for investigation to determine whether the underlying strata was
sufficiently strong to allow construction and to repair the previously aborted grading at
the site. The bank did a limited repair work, after which their consultants determined
that the lot was stable for future construction.
In January of 1994, the new property owner was granted a Site Plan approval for the
construction of a single-family house, garage and a pool. During the winter of 1998, a
portion of the fill slope just west of the residence failed, and settlement of the western
portion of the structure was observed. This situation was remediated by installation of
eight caissons at the top of the slope to underpin the house.
In 2001 the property owner noticed damage to the pool and requested permission to
reconstruct the pool. It was at that time that their sols/geology consultants determined
ZC No.757
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slope failure and that it was enlarging eastward and northward onto the adjacent lot.
The County required that both lots be fixed prior to reconstruction of the pool.
7. The property is zoned RAS-2 and is 9.20 acres (gross) in size and 8.20 acres net,
as calculated for development. The lot is currently vacant. Subject lot is irregular in
shape with Appaloosa Lane located along a portion of the length of the lot. Normally,
streets are located along the width of a lot. In addition, portion of Appaloosa Lane lies
within the property and does not follow the roadway easement line.
8. Although the property is large, due to the terrain, less than 15% of the property is
developable, with grading and remediation. The areas not proposed for development,
and not of need of grading to correct a Iandslide condition, will remain in current state
with mature trees and native and non-native vegetation interspersed throughout this
area. Portion of this area will be re-vegetated with native plants, as recommended in the
biological assessment study. The northeastern most portion of this property is adjacent
to the property off of Sagebrush Lane, which has undergone slope repairs in the past
few years. A portion of the subject lot was graded to augment the grading at 5 and 6
Sagebrush Lane for slope repairs.
9. In 2003, the Planning Commission approved an application for the same size
development, except that the slope remediation was lesser in scope and size. Prior to
purchasing the property the applicants conducted limited soils and geology studies on
the property. The then report stated, in part, that "based on an evaluation of the site
conditions and findings of this investigation, it is concluded that the subject property is
suitable for the proposed development from a geotechnical engineering viewpoint,
provided the following conclusions and recommendations are incorporated into design
criteria and project specifications and are implemented during construction." The report
then made recommendations and conclusions as to the conditions on the site and for
future development.
However, 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 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.
10. The Los Angeles County Soils, Geology and Grading Divisions preliminarily
approved the recently prepared soils and geology report and the proposed grading. The
latest correction sheets from the County are attached.
11. The adjacent property owners, whose properties will be affected by this
remediation expressed cooperation and consent to this work. However, prior to
issuance of any permit it must be demonstrated to the City and the County that such an
agreement has been reached.
12. A new 16 foot wide driveway from Appaloosa Lane is proposed with a slope of
14% except that the first 20 feet, which will be 7%. Section 17.16.160 requires that
ZC No.757
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driveways not exceed 12% in slope, unless otherwise approved by the Planning
Commission, and the first 20 feet of a driveway must not exceed 7%. A similar
driveway approach was previously submitted and approved by the Traffic Commission
in September 2003, with conditions that the driveway be moved 10 feet and that the
oleander trees across the road be removed to improve the sight distance. The proposed
plan shows the relocated driveway as recommended by the Traffic Commission. Access
to the stable will be through an access road not to exceed 25% in slope, and will connect
to existing trails and to Appaloosa Lane.
MUNICIPAL CODE COMPLIANCE
13. Grading for the residential building pad will require 9,420 cubic yards of cut soil
and fill. For the smaller pad 8,580 cubic yards was required. However, according to the
applicant, the grading will be accomplished within the parameters of the global grading
of the lot. A landslide condition exists on the ro er p p ty, which will be stabilized with
buttress fill. The amount of grading for stabilization of the entire slide, including the
adjacent lots and the building pad, will be 150,000 cubic yards of cut and fill.
The applicant is proposing to excavate the failed slope area and replace it with a
buttress fill keyed through the ancient slope failure mass, (re-compact using the same
material). 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 50-feet slots to avoid
excessive stockpiling of soil. The resulting slopes will be similar in gradient to the
existing slopes (other than the building pads).
14. Storm drainage system will be installed consisting of three swales located on the
remediated areas, a swale behind the retaining wall of the building pad, and subdrains
and catch basins throughout the project.
15. A wall, varying in height between 6" curb to 5 foot, 380 feet long, is proposed to
be constructed along the residential building pad.
16. The net lot area of the lot is 357,280 square feet, (8.2 acres). Two building pads
are proposed. The residential building pad is proposed to be 39,208 square feet.
Building pad coverage on the 39,208 square foot residential building pad is proposed at
12,004 square feet or 30.6%, not including the porches and barbecue. Building pad
coverage on the 2,380 square foot stable pad is proposed at 450 square feet or 18.9%.
The combined building pad coverage will be 29.9%.
17. The structural net lot coverage proposed is 14,438 square feet or 3.6%, which
includes all the structures, except the barbecue, (20% permitted); and the total lot
coverage proposed including the structures and paved areas is 25,900 square feet or
7.3%, (35% permitted).
18. Disturbed area for this project will be 112,656 square feet or 31.5%, (40%
permitted) of the net lot area. Previously, approximately 3,000 square feet were
disturbed for the remediation of the adjacent lots, for a total of disturbed area of 115,656
or 32.3%. Disturbance includes any remedial grading (temporary disturbance), any
ZC No.757
5 C9,
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graded slopes and building pad areas, and any nongraded area where impervious
surfaces will remain or are proposed to be added.
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.
19. The Glory Trail traverses the rear easement on the property and will be
affected by the repairs. It will be required that the applicant restore the trail to
the satisfaction of the RHCA.
20. As conditions of approval, if the project is approved, the utility lines to the
structures will be placed underground; the roof material will meet City's
standards and all other City and County requirements for construction will be
met.
21. The Rolling Hills Community Association will review the proposed project
at a later date.
ENVIRONMENTAL MITIGATION MEASURES
ENVIRONMENTAL REVIEW
22. Pursuant to the requirements of the California Environmental
uali Act,
(CEQA), staff prepared an Initial Environmental Study for the proposed project. The
study identifies environmental factors, which would be potentially affected by the
proposed project. Those factors that would be impacted include air quality due to
substantial grading; biological resources due to habitat modification; geology and soils
due to the extensive grading; hydrology due to substantially altering of existing
drainage pattern; noise generated during construction; and traffic generated during
construction. However, all of these impacts will be temporary in nature and mitigation
measures will be included with the project, which will lessen the impacts to level of
insignificance. Staff amended the study based on Commissioners' comments at the July
meeting.
23. CEQA requires that affected property owners, and local, County and State
agencies be given at least 30 days to review the environmental documents prior to it
being adopted by the Lead Agency, which is the City. Based on information provided to
staff by the applicant and previous research and analysis of the surrounding areas, staff
prepared the Initial Environmental Study and submitted it to the appropriate agencies.
The agencies were given until August 5, 2008 to respond. Only SCAQMD responded to
City's initial study and their responses are incorporated into the mitigation measures.
24. As part of the mitigation measures, staff requested that a biological resources
study be conducted for the affected properties. The applicants retained a Licensed
ZC No.757
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Biological Resources Consultants to study the natural environment in the area to
determine the impact if any, the proposed project will have on the natural environment.
Their report is enclosed. Staff prepared a list of mitigated measures, which the applicant
agreed to comply with, with the understanding that the Planning Commission, City
Council or other local and state agencies may submit comments and require that other
conditions be met for this project.
25. The Biological Resources Assessment study was received by the City on July 2,
2008, and is attached. The consultant recommends the following: (see p. 15 and 16 of
the report)
• the construction to be conducted outside bird breeding season (January 15
through September 15) or special studies/measures to be taken if construction to
take place during the breeding season
• to account for approximately 0.39 acres of lost native lemonadberry coastal scrub
habitat, revegetate on site at a ratio of 4:1, for a total of 1.56 acres
• Prepare a revegetation plan to include:
Project description
Revegetation design
Plant material
Implementation instructions
Maintenance (three-years)
Monitoring
Success Criteria
Reporting to City
• Implement erosion control measures to minimize surface runoff and deposition
of debris in the blue line stream (also a requirement of the LA County Building
Code and Regional Water Quality Control Board)
CONCLUSION
26. As stated earlier, any approval by the City will be conditioned on the applicant
obtaining the appropriate approvals from the County, the CA Department of Fish and
Game, Regional Water Quality Control Board and other agencies.
27. The proposed structures were previously approved. Due to land conditions, the
applicant is required to grade and remediate large portion of the lot, as well as adjacent
lots. Once remediated, the graded areas will be planted and the slopes will not exceed
2:1 gradient. The resulting slopes will be very similar to the existing slopes, therefore no
significant change in natural terrain is expected.
28. The development would not exceed City's development standards and no
Variances are required. The residential building pad coverage has been diminished to
30.6% coverage.
29. The proposed development will be the largest as compared to similar properties
in the vicinity. However, the lot is much larger than any in the area and the
Commission could require that the project be screened. In addition, the same size
project was approved in 2003.
ZC No.757
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30. The Planning Commission must find that the application meets the criteria for
granting of a Site Plan Review. Some of the goals and policies of the Land Use Element
of the General Plan that would be applicable to this application and should be
considered by the Planning Commission include City's desire to "maintain Rolling
Hills' distinctive rural residential character". Another goal is for the City "to
accommodate development which is compatible with and complements existing land
uses". The Land Use Element also calls to "maintain and provide regulations for
sufficient setbacks and easements to provide buffers between residential uses" and
require that development conform with the City's existing low-profile, ranch style
architecture".
The residence will be located below existing residences and will not block any views.
The lot is large and a small portion will be developed. Once the area is remediated and
replanted, it will closely resemble the existing conditions. The Commission could
require landscaping to block the residence from view from the road and other
properties.
PROPERTIES IN THE VICINITY (For information purpose only)
ADDRESS OWNER HOUSE LOT CONSTRUCTED
SIZE SIZE OR IMPROVED
excl. road
25 Buggy Whip Snider 7,110* 1ac3es)
.73 1978/82/2005
23 Buggy Whip Snyder 5,302* 1.85 1979
21 Buggy Whip Sereen 4,308 1.82 1977/1984
19 Buggy Whip Gargas 6,732 1.82 1981
17 Buggy Whip Smith 4,543 1.82 1971/1991
5 Sagebrush Lane Hao 7,816* 2.5 1998
6 Sagebrush Lane Hao 5,846* 2.0 Under
1 Sagebrush Lane Fan construction
7,472* 1.76 Newly
1 Appaloosa Lane Liu completed
3,861 3.64 1979
15 Blackwater Pasant 5,243* 5.42 1980
Cny
5 Appaloosa lane Scharffenberger 7,668* 2.4 1995
4 Appaloosa Lane Scharffenberger 4,533 5.01 1964
AVERAGE 5,870 2.66
3 Appaloosa Lane Fozoonmehr 8,990 8.80
(proposed)
Sources: County Assessors Records
* City records
NOTE:
The lot area for the properties shown above, are as recorded in the assessors'
records, without the deductions required by the City, except for the private
roads.
The above do not include garages or other accessory structures.
zC No.757
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SITE PLAN REVIEW CRITERIA
17.46.010 • Purpose.
The site plan review process is established to provide discretionary review of
certain development projects in the City for the purposes of ensuring that the proposed
project is consistent with the City's General Plan; incorporates environmentally and
aesthetically sensitive grading practices; preserves existing mature vegetation; is
compatible and consistent with the scale, massing and development pattern in the
immediate project vicinity; and otherwise preserves and protects the health, safety and
welfare of the citizens of Rolling Hills.
17.46.050 Required findings.
A. The Commission shall be required to make findings in acting to approve,
conditionally approve, or deny a site plan review application.
B. No project which requires site plan review approval shall be approved by
the Commission, or by the City Council on appeal, unless the following findings can be
made:
1. The project complies with and is consistent with the goals and policies of the general
plan and all requirements of the zoning ordinance;
2. The project substantially preserves the natural and undeveloped state of the lot by
minimizing building coverage. Lot coverage requirements are regarded as maximums,
and the actual amount of lot coverage permitted depends upon the existing buildable area
of the lot;
3. The project is harmonious in scale and mass with the site, the natural terrain and
surrounding residences;
4. The project preserves and integrates into the site design, to the greatest extent
possible, existing topographic features of the site, including surrounding native
vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls);
5. Grading has been designed to follow natural contours of the site and to minimize the
amount of grading required to create the building area;
6. Grading will not modify existing drainage channels nor redirect drainage flow,- unless
such flow is redirected into an existing drainage course;
7. The project preserves surrounding native vegetation and mature trees and supplements
these elements with drought-tolerant landscaping which is compatible with and enhances
the rural character of the community, and landscaping provides a buffer or transition area
between private and public areas;
8. The project is sensitive and not detrimental to the convenient and safe movement of
pedestrians and vehicles; and
9. The project conforms to the requirements of the California Environmental Quality
Act.
SOURCE: City of Rolling Hills Zoning Ordinance
ZC No.757
9
ZONING CASE NO. 757-3 APPALOOSA LANE
SITE PLAN REVIEW If PREVIOUSLY APPROVED II PROPOSED
RA-S-2 ZONE SETBACKS (JULY) II CURRENTLY PROPOSED II
Front: 50 ft.from front easement line SINGLE FAMILY RESIDENCE, SINGLE FAMILY RESIDENCE, SINGLE FAMILY RESIDENCE,
Side: 35 ft.from property line POOL AND STABLE
POOL AND STABLE POOL AND STABLE
Rear: 50 ft.from property line
STRUCTURES Residence 8990 sq.ft. Residence 8990 sq.ft. Residence
Garage 2050 sq.ft. Garage 8990 sq.ft.
(Site Plan Review required if size of 9 2050 sq.ft. Garage 2050 sq.ft. •
structure increases by at least 1,000 sq.ft. Swim Pool 880 sq.ft Swim Pool q'
and has the effect of increasing the size of Stable 1176 sq.ft. Pool a 820 sq.ft SwimPoolPool 820 sq.ft
the structure by more than 25% in a 36- qp 48 sq.ft. tab eqp. 480 sq.ft.
month period). Stable 672 sq.ft. Stable 450 sq.ft.
Service yard 96 sq.ft Service yard 96 sq.ft Service yard 96 s ft
Basement 4750 sq.ft Porches q•
462 sq.ft. Porches 462 sq.ft.
Barbecue 36 sq.ft. Barbecue
Water feature 1264 sq.ft. Water feature 36 sq.ft.
0
Basement
TOTAL 6423 sq.ft Basement 6423 sq.ft
G STRUCTURAL LOT COVERAGE o 13,192 sq.ft. TOTAL 14,438 sq.ft. TOTAL
12,952sq.ft.
c... (20%maximum) 3.7/o of 357,280 sq.ft, net lot area 3.8%(13,638 s.f.)of 357,280 sq.ft. 3.6%(12,916 sq.ft.)excl.cl. barbecue
TOTAL LOT COVERAGE 6o netlot area of 357,280 sq.ft.net lot area
(35%maximum) 6.9% 7.6%
6%
7.3%
RESIDENTIAL BUILDING PAD 29.3%of 40,960 sq.ft.building pad 38.5%of 32,580 sq.ft. building pad 30.6%of 39,208 sq.ft.pad, not incl
COVERAGE(30% maximum auidPline) area
area allowances.With all structures on
STABLE PAD COVERAGE 13.1%of 8,960 sq.ft. stable pad 28.2%of 2,380 sq.ft.stable pad 18.9%of 2,380 sq.ft.stable pad
GRADING area area •
9,420 cubic yards cut area
Site Plan Review required if excavation 9,420 cubic yards fill 8,580 cubic yards cut and fill 9,420 cubic yards cut and fill
and/or fill or combination thereof that is 14 slope
0 cubic yards of cut and fill 140,580 cubic yards of cut and fill
more than 3 feet in depth and covers more for slope remediation for slope remediation
than 2,000 sq.ft.). (Total: 150,000 c.y.cut and (Total: 150,000 c.y.cut and
DISTURBED AREA 150,000 c.y.fill) 150,000 c.y.fill)
(40%maximum;any graded building28.0%(100,038 sq.ft.) 31.5% (112,656 sq.ft.) 31.5% (112,656 sq.ft.)
area,any remedial grading raryad 35•9% -17 Buggy °
disturbance),any36.9% Whip 35.9/o -17 Buggy 1Nhip
graded slopes and - 19 Buggy Whip 36.9%- 19 Buggy Whip
building pad areas,and any nongraded
-
area where impervious surfaces exist.) (126,000 sq.ft.total) (126,000 sq.ft.,2.9 acres total)
STABLE(min.450 SQ.FT. 1,176 sq.ft. '
_&550 SQ.FT. CORRALS <550 sq.ft 672 sq.ft. 450 sq.ft.
STABLE ACCESS 550 sq.ft.corral 550 sq.ft. corral
Proposed from stable to Proposed from stable to
Appaloosa Lane and existing Appaloosa Lane and existing Proposed frame and to
trails trails Appaloosa Lane and existing
trails
ROADWAY ACCESS Proposed from Appaloosa Lane Proposed from Appaloosa Lane PProposed from Appaloosa Lane
on reviewed Traffi Commission reviewed
VIEWS Planning Commission conditions Planning Commission review Planning Commission review
PLANTS AND ANIMALS Planning Commission conditions Planning Commission and other Planning Commission and other
agencies review agencies reviewIII
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ATTACHMENTS
CD
�' o City o leo#Ingi19�� IN COP POR,CiLD JANLI:R1 14 195 7
v g1 NO. 2 PORTUGUESE[TEND ROAD
ROLLING HILLS.CALIF.90274
(310)377.1521
FAX:(310)377.7288
DATE: JULY 15, 2008
TO: HONORABLE MEMBERS OF THE PLANNING COMMISSION
FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR
APPLICATION NO. ZONING CASE NO. 757
SITE LOCATION: 3 APPALOOSA LANE (LOT 246-MS)
17 BUGGY WHIP DRIVE (LOT-6-BW)
19 BUGGY WHIP DRIVE (LOT 247-5-MS)
ZONING AND SIZE: RA-S-2, 8.80 ACRES
1.82 EACH ON BUGGY WHIP
APPLICANT: DR. AND MRS. FOZOONMEHR
REPRESENTATIVE: DOUGLAS McHATTIE, BOLTON ENGINEERING
PUBLISHED: JULY 5, 2008
REQUEST
The applicants, Dr. and Mrs. Fozoonmehr, request a Site Plan Review for 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 (Lot 246-MS, Lot 6-BW and Lot 247-5-MS), and grading and construction of
a single family residence, swimming pool and a stable at 3 Appaloosa Lane. No new
construction is proposed at 17 and 19 Buggy Whip Drive.
BACKGROUND
1. The applicants request a Site Plan Review to construct 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 4,750 square foot basement, 10 feet
deep, is also proposed. The proposed residence will have a height of between 17' and
20' at the highest ridgeline from the finished grade. Several light wells are proposed,
ranging in width from 5 to 8 feet. The proposed construction requires grading and slope
stabilization to correct landslide condition on the subject lot and on two adjacent lots at
17 and 19 Buggy Whip Drive. To date the lot did not experience a landslide or
movement of earth. However, the geological studies show an ancient landslide that
could become active with construction.
2. The property is zoned RAS-2 and is 9.20 acres (gross) in size and 8.20 acres net,
as calculated for development. The lot is currently vacant. Subject lot is irregular in
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shape with Appaloosa Lane located along a portion of the length of the lot. Normally,
streets are located along the width of a lot. In addition, 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 along the lot, the front yard
setback is 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 is considered the rear yard and all of the other property lines are considered
side yards.
3. Although the property is large, due to the terrain, less than 15% of the property is
developable. The areas not proposed for development, and not of need of grading to
correct a landslide condition, will remain in current state with mature trees and native
and non-native vegetation interspersed throughout this area. Portion of this area will be
re-vegetated with native plants, as recommended in the biological study. The
northeastern most portion of this property is adjacent to the property off of Sagebrush
Lane, which has undergone slope repairs in the past few years. A portion of the subject
lot was graded to augment the grading at 5 and 6 Sagebrush Lane for slope repairs.
4. In 2003, the Planning Commission approved an application for the same size
development, except that the slope remediation was lesser in scope and size. Prior to
purchasing the property the applicants conducted limited soils and geology studies on
the property. The then report stated, in part, that " Based on an evaluation of the site
conditions and findings of this investigation, it is concluded that the subject property is
suitable for the proposed development from a geotechnical engineering viewpoint,
provided the following conclusions and recommendations are incorporated into design
criteria and project specifications and are implemented during construction." The report
then made recommendations and conclusions as to the conditions on the site and for
future development.
However, 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 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.
The Los Angeles County Soils, Geology and Grading Divisions preliminarily approved
the recently prepared soils and geology report and the proposed grading. The soils and
geology reports are on file in the Planning Department.
5. The adjacent property owners, whose properties will be affected by this
remediation expressed cooperation and consent to this work. An agreement to that
effect will be recorded between the applicant and the property owners on Buggy Whip
at a later time, and a copy submitted to the City.
6. A new 16 foot wide driveway from Appaloosa Lane is proposed with a slope of
14% except that the first 20 feet, which will be 7%. Section 17.16.160 requires that
driveways not exceed 12% in slope, unless otherwise approved by the Planning
ZC No.757
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Commission, and the first 20 feet of a driveway must not exceed 7%. A similar
driveway approach was previously submitted and approved by the Traffic Commission
in September 2003, with conditions that the driveway be moved 10 feet and that the
oleander trees across the road be removed to improve the sight distance. The proposed
plan shows the relocated driveway as recommended by the Traffic Commission. Access
to the stable will be through an access road not to exceed 25% in slope, and will connect
to existing trails and to Appaloosa Lane.
MUNICIPAL CODE COMPLIANCE
7. Grading for the residential building pad will require 8,580 cubic yards of cut soil
and 8,580 cubic yards of fill. A landslide condition exists on the property, which will be
stabilized with buttress fill. The amount of grading for stabilization of the entire slide,
including the adjacent lots and the building pad, will be 150,000 cubic yards of cut and
fill.
The applicant is proposing to excavate the failed slope area and replace it with a
buttress fill keyed through the ancient slope failure mass, (re-compact using the same
material). 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 slots to avoid excessive
stockpiling of soil. The resulting slopes will be similar to the existing slopes, therefore
the general terrain of the property (other than the building pads) will not change.
8. Storm drainage system will be installed consisting of three swales located on the
remediated areas, a swale behind the retaining wall of the building pad, and subdrains
and catch basins throughout the project.
9. A wall, varying in height between 6" curb to 5 feet is proposed to be constructed
along the residential building pad and along a portion of the driveway.
10. The net lot area of the lot is 357,280 square feet, (8.2 acres). Two building pads
are proposed. The residential building pad is proposed to be 32,580 square feet.
Building pad coverage on the 32,580 square foot residential building pad is proposed at
12,564 square feet or 38.5%. Building pad coverage on the 2,380 square foot stable pad is
proposed at 672 square feet or 28.2%. The combined building pad coverage will be
37.8%.
11. The structural net lot coverage proposed is 14,438 square feet or 4.0%, which
includes all the structures. Excluding the allowances (800 sq.ft. of detached features) the
structural lot coverage is proposed at 13,638 or 3.8%, (20% permitted); and the total lot
coverage proposed including the structures and paved areas is 27,296 square feet or
7.6%, (35% permitted).
12. Disturbed area for this project will be 109,656 square feet or 30.7%, (40%
permitted) of the net lot area. Previously, approximately 3,000 square feet were
disturbed for the remediation of the adjacent lots, for a total of disturbed area of 112,656
or 31.5%. Disturbance includes any remedial grading (temporary disturbance), any
graded slopes and building pad areas, and any nongraded area where impervious
surfaces will remain or are proposed to be added.
ZC No.757
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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.
13. The Glory Trail traverses the rear easement on the property and will be
affected by the repairs. It will be required that the applicant restore the trail to
the satisfaction of the RHCA.
14. As conditions of approval, if the project is approved, the utility lines to the
structures will be placed underground; the roof material will meet City's
standards and all other City and County requirements for construction will be
met.
15. The Rolling Hills Community Association will review the proposed project
at a later date.
ENVIRONMENTAL MITIGATION MEASURES
ENVIRONMENTAL REVIEW
16. Pursuant to the requirements of the California Environmental Quality Act,
(CEQA), staff prepared an Initial Environmental Study for the proposed project. The
study identifies environmental factors, which would be potentially affected by the
proposed project. Those factors that would be impacted include air quality due to
substantial grading; biological resources due to habitat modification; geology and soils
due to the extensive grading; hydrology due to substantially altering of existing
drainage pattern; noise generated during construction; and traffic generated during
construction. However, all of these impacts will be temporary and mitigation measures
will be included with the project, which will lessen the impacts to level of
insignificance.
17. CEQA requires that affected property owners, and local, County and State
agencies be given at least 30 days to review the environmental documents prior to it
being adopted by the Lead Agency, which is the City. Based on information provided to
staff by the applicant and previous research and analysis of the surrounding areas, staff
prepared the Initial Environmental Study and submitted it to the appropriate agencies.
The agencies were given until August 5, 2008 to respond.
18. As part of the mitigation measures, staff requested that a biological resources
study be conducted for the affected properties. The applicants retained a Biological
Resources Consultants to study the natural environment in the area to determine the
impact if any, the proposed project will have on the natural environment. Their report is
enclosed. Staff prepared a list of mitigated measures, which the applicant agreed to
comply with, with the understanding that the Planning Commission, City Council or
ZC No.757
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other local and state agencies may submit comments and require that other conditions
be met for this project.
The list of mitigated measures prepared by staff is listed in the Environmental Study.
19. The Biological Resources Assessment study was received by the City on July 2,
2008, and is attached. The consultant recommends the following: (see p. 15 and 16 of
the report)
• the construction to be conducted outside bird breeding season (January 15
through September 15) or special studies/measures to be taken if construction to
take place during the breeding season
• to account for approximately 0.39 acres of lost native lemonadberry coastal scrub
habitat, revegetate on site at a ratio of 4:1, for a total of 1.56 acres
• Prepare a revegetation plan to include:
Project description
Revegetation design
Plant material
Implementation instructions
Maintenance (three-years)
Monitoring
Success Criteria
Reporting to City
• Implement erosion control measures to minimize surface runoff and deposition
of debris in the blue line stream (also a requirement of the LA County Building
Code and Regional Water Quality Control Board)
These conditions and the mitigated measures described above, together with all other
conditions recommended by other agencies, will be included in a resolution of
approval, should this project be approved.
CONCLUSION
20. As stated earlier, any approval by the City will be conditioned on the applicant
obtaining the appropriate approvals from the County, the CA Department of Fish and
Game, Regional Water Quality Control Board and other agencies.
21. The proposed structures were previously approved. Due to land conditions, the
applicant is required to grade and remediate large portion of the lot, as well as adjacent
lots. Once remediated, the graded areas will be planted and the slopes will not exceed
2:1 gradient. The resulting slopes will be very similar to the existing slopes, therefore no
change in natural terrain is expected.
22. The development would not exceed City's development standards and no
Variances are required. However, the residential building pad coverage is proposed to
exceed the 30% coverage.
23. The proposed development will be the Iargest as compared to similar properties
in the vicinity. However, the lot is much larger than any in the area and the
ZC No.757
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Commission could require that the project be screened. In addition, the same size
project was approved in 2003.
24. The Planning Commission must find that the application meets the criteria for
granting of a Site Plan Review. Some of the goals and policies of the Land Use Element
of the General Plan that would be applicable to this application and should be
considered by the Planning Commission include City's desire to "maintain Rolling
Hills' distinctive rural residential character". Another goal is for the City "to
accommodate development which is compatible Ivith and complements existing land
uses". The Land Use Element also calls to "maintain and provide regulations for
sufficient setbacks and easements to provide buffers between residential uses" and
require that development conform with the City's existing low-profile, ranch style
architecture".
The residence will be located below existing residences and will not block any
views. The lot is large and a small portion will be developed. Once the area is
remediated and replanted, it will closely resemble the existing conditions. The
Commission could require landscaping to block the residence from view from
the road and other properties.
ZC No.757
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ZONING CASE NO. 757-3 APPALOOSA LANE
SITE PLAN REVIEW PREVIOUSLY APPROVED PROPOSED
RA-S-2 ZONE SETBACKS
Front: 50 ft.from front easement line SINGLE FAMILY RESIDENCE, SINGLE FAMILY RESIDENCE,
Side: 35 ft.from property line POOL AND STABLE POOL AND STABLE
Rear: 50 ft. from property line
Residence 8990 sq.ft. Residence 8990 sq.ft.
STRUCTURES Garage 2050 sq.ft. Garage 2050 sq.ft.
(Site Plan Review required if size of structure Swim Pool 880 sq.ft Swim Pool 820
increases by at least 1,000 sq.ft.and has the q sq.ft
effect of increasing the size of the structure Stable 1176 sq.ft. Pool eqp. 48 sq.ft.
by more than 25% in a 36-month period). Stable 672 sq.ft.
Service yard 96 sq.ft Service yard 96 sq.ft
Basement 4750 sq.ft Porches 462 sq.ft.
Barbecue 36 sq.ft.
Water feature 1264 sq.ft.
Basement 4750 sq.ft
TOTAL 13,192 sq.ft. TOTAL 14,438 sq.ft.
STRUCTURAL LOT COVERAGE 3.7%of 357,280 sq.ft.net lot area 3.8% (13,638 s.f.)of 357,280 sq.ft.
(20%maximum) net lot area
TOTAL LOT COVERAGE 6.9% 7.6%
(35%maximum)
RESIDENTIAL BUILDING PAD COVERAGE 29.3%of 40,960 sq.ft.building 38.5%of 32,580 sq.ft.building pad
(30%maximum-guideline) pad area area
STABLE PAD COVERAGE 13.1%of 8,960 sq.ft.stable pad 28.2%of 2,380 sq.ft.stable pad
area area
GRADING 9,420 cubic yards cut 8,580 cubic yards cut and fill
Site Plan Review required if excavation 9,420 cubic yards fill 141,420 cubic yards of cut and fill yciZ 9
and/or fill or combination thereof that is more for slope remediation
than 3 feet in depth and covers more than (Total: 150,000 c.y.cut and
2,000 sq.ft.) must be balanced on site. 150,000 c.y.fill)
DISTURBED AREA 28.0%(100,038 sq.ft.) 31.5% (112,656 sq.ft.)
(40%maximum;any graded building pad 35.9% -17 Buggy Whip
area,any remedial grading (temporary 36.9%- 19 Buggy Whip
disturbance),any graded slopes and building
pad areas,and any nongraded area where (126,000 sq.ft. total)
impervious surfaces exist.)
STABLE (min.450 SQ.FT. 1,176 sq.ft. 672 sq.ft.
&550 SQ.FT. CORRAL) <550 sq.ft 550 sq.ft.corral
STABLE ACCESS Proposed from stable to Proposed from stable to
Appaloosa Lane and existing Appaloosa Lane and existing
trails trails
ROADWAY ACCESS Proposed from Appaloosa Lane Proposed from Appaloosa Lane
Traffic Commission reviewed Traffic Commission reviewed
VIEWS Planning Commission conditions Planning Commission review
PLANTS AND ANIMALS Planning Commission conditions Planning Commission and other
agencies review
ZC No.757
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PROPERTIES IN THE VICINITY (For information purpose only)
ADDRESS OWNER HOUSE LOT CONSTRUCTED
SIZE SIZE OR IMPROVED
(acres)
25 Buggy Whip Snider 7,110* 1.73 1978/82/2005
23 Buggy Whip Snyder 5,302* 1.85 1979
21 Buggy Whip Sereen 4,308 1.82 1977/1984
19 Buggy Whip Gargas 6,732 1.82 1981
17 Buggy Whip Smith 4,543 1.82 1971/1991
5 Sagebrush Lane Hao 7,816* 2.5 1998
6 Sagebrush Lane Hao 5,846* 2.0 Under
construction
1 Sagebrush Lane Fan 7,426* 1.76 Newly
completed
1 Appaloosa Lane Liu 3,861 3.64 1979
15 Blackwater Pasant 5,243* 5.42 1980
Cny
5 Appaloosa lane Scharffenberger 7,668* 2.4 1995
4 Appaloosa Lane Scharffenberger 4,533 5.01 1964
AVERAGE 5,870 2.66
3 Appaloosa Lane Fozoonmehr 8,990 8.80
(proposed)
Sources: County Assessors Records
* City records
NOTE:
The lot area for the properties shown above, are as recorded in the assessors'
records, without the deductions required by the City, except for the private
roads.
The above do not include garages or other accessory structures.
SITE PLAN REVIEW CRITERIA
17.46.010 Purpose.
The site plan review process is established to provide discretionary review of
certain development projects in the City for the purposes of ensuring that the proposed
project is consistent with the City's General Plan; incorporates environmentally and
aesthetically sensitive grading practices; preserves existing mature vegetation; is
compatible and consistent with the scale, massing and development pattern in the
immediate project vicinity; and otherwise preserves and protects the health, safety and
welfare of the citizens of Rolling Hills.
ZC No.757
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17.46.050 Required findings.
A. The Commission shall be required to make findings in acting to approve,
conditionally approve, or deny a site plan review application.
B. No project which requires site plan review approval shall be approved by
the Commission, or by the City Council on appeal, unless the following findings can be
made:
1. The project complies with and is consistent with the goals
and policies of the general plan and all requirements of the zoning ordinance;
2. The project substantially preserves the natural and
undeveloped state of the lot by minimizing building coverage. Lot coverage
requirements are regarded as maximums, and the actual amount of lot coverage permitted
depends upon the existing buildable area of the lot;
3. The project is harmonious in scale and mass with the site,
the natural terrain and surrounding residences;
4. The project preserves and integrates into the site design, to
the greatest extent possible, existing topographic features of the site, including
surrounding native vegetation, mature trees, drainage courses and land forms (such as
hillsides and knolls);
5. Grading has been designed to follow natural contours of the
site and to minimize the amount of grading required to create the building area;
6. Grading will not modify existing drainage channels nor
redirect drainage flow, unless such flow is redirected into an existing drainage course;
7. The project preserves surrounding native vegetation and
mature trees and supplements these elements with drought-tolerant landscaping which is
compatible with and enhances the rural character of the community, and landscaping
provides a buffer or transition area between private and public areas;
8. The project is sensitive and not detrimental to the convenient and safe
movement of pedestrians and vehicles; and
9. The project conforms to the requirements of the California Environmental
Quality Act.
SOURCE: City of Rolling Hills Zoning Ordinance
ZC No.757