638, Construct a new SFR, Resolutions & Approval ConditionsRESOLUTION NO. 2002-16
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ROLLING HILLS APPROVING A
MODIFICATION TO PLANNING COMMISSION
RESOLUTION NO. 2001-24 AND APPROVING AN
EXTENSION TO PREVIOUSLY APPROVED SITE PLAN
REVIEW TO PERMIT GRADING AND CONSTRUCTION
OF A NEW SINGLE FAMILY RESIDENCE AT 23
PORTUGUESE BEND ROAD IN ZONING CASE
NO. 639. (RIZI)
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES
HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. A request has been filed by Dr. and Mrs. Roger Rizi with respect to
real property located at 23 Portuguese Bend Road, Rolling Hills, requesting an
extension to previously approved Site Plan to construct a new single family residence
to replace an existing residence
Section 2. The Commission considered this item at a meeting on December 17,
2002, at which time information was presented indicating that due to financial
difficulties experienced by the applicants, the extension of time is necessary.
Section 3. Based upon information and evidence submitted, the Planning
Commission does hereby amend Paragraph A, Section 6 of Resolution No. 2001-24,
dated November 20, 2001, to read as follows:
"A. The Site Plan Review approval shall expire within two years from the
effective date of approval as defined in Section 17.46.080(A), unless construction of the
structure have commenced within that time period."
Section 4. Except as herein amended, the provisions of Resolution No. 2001-24
shall continue to be in full force and effect.
PASSED, APPROVED AND ADOPTED THIS 17th DAY OF DECEMBER 2002.
4„;--)
EVIE HANKINS, CHAIRWOMAN
ATTEST:
MARILYN FERN, DEPUTY CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
§§
I certify that the foregoing Resolution No. 2002-16 entitled:
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ROLLING HILLS APPROVING A
MODIFICATION TO PLANNING COMMISSION RESOLUTION
NO. 2001-24 AND APPROVING AN EXTENSION TO
PREVIOUSLY APPROVED SITE PLAN REVIEW TO PERMIT
GRADING AND CONSTRUCTION OF A NEW SINGLE FAMILY
RESIDENCE AT 23 PORTUGUESE BEND ROAD IN ZONING
CASE NO. 639. (RIZI)
was approved and adopted at a regular
December 17, 2002 by the following roll
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners DeRoy,
Chairwoman Hankins.
None.
None.
None.
meeting of the Planning Commission on
call vote:
Margeta, Sommer, Witte and
and in compliance with the laws of California was posted at the following:
Administrative Offices
�
DEPUTY CITY C ERK
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04 261'7805
RECORDING REQUESTED BY AND MAIL'
CITY OF ROLLING HILLS
2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
(310) 377-7288 FAX
The Registrar -Recorder's Office requires that the form be notarized before recordation. T Recorders
Use Only
AFFIDAVIT OF ACCEPTANCE FORM
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
ZONING CASE NO. 6 3 9
SITE PLAN REVIEW '
CONDITIONAL USE PERMIT
VARIANCE
XX
I (We) the undersigned state:
I am (We are) the owner(s) of the real property described as follows:
23 PORTUGUESE BEND ROAD, ROLLING HILLS, CA. (LOT 88-1-RH)
This property is the subject of the above numbered case.
I am (We are) aware of, and accept, all the stated conditions in said
ZONING CASE NO. 639
SITE PLAN REVIEW
VARIANCE
CONDITIONAL USE PERMIT
I (We) certi (o clare) under the penalty of perjury that the foregoing is true and correct.
i'\91)4(%\
Signature Signature
(�of2C� 1 sFl,,t\ i-I L� 2tzt
2NIne tr)ed orPrinted v e Q 1 Name typed or printed
Address 23 Fc i I V 5 ) e Se.. 42f Q - •
City/State J q a 2 -.32( City/State QOILA. `4 \ \ S, CL, , C\ o et —I 9
Signatures must be acknowledged by a notary public.
XX
Address - L� D u/ -7C' (`� (Z L,Oct
State of Califomia )
County of Los Angeles) /
On /O —7— ZUU � before me, %7D vc-72,45 A1.5/-/A + % /G g1,4 Pc! I-DY6L ( G
Personally appeared /—(. %ZI7 CieR Ri Z / gna/ S.6/A z /
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
Witness by h and official seal.
Signature of Notary
DOUGLAS K. MC HATTIE
Commission # 1295324
Notary Public - Califomia
Los Angeles County
MyComm. 6q�res Feb25,2115
- . �...,,
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
04 2617805 45th
RESOLUTION NO. 2001-24
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING SITE PLAN REVIEW APPROVAL TO
PERMIT GRADING AND CONSTRUCTION OF A NEW SINGLE FAMILY
RESIDENCE TO REPLACE AN EXISTING SINGLE FAMILY RESIDENCE
AT 23 PORTUGUESE BEND ROAD IN ZONING CASE NO. 639.
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. Rizzi with respect to real
property located at 23 Portuguese Bend Road, (Lot 88-1-RH), Rolling Hills, CA
requesting a Site Plan Review to permit grading and construction of a new single family
residence to replace an existing residence.
Section 2. The Planning Commission conducted duly noticed public hearings
to consider the application on September 18, 2001, October 16, 2001, and at a field trip
visit on October 8, 2001. The applicant was 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 applicant was
in attendance at the hearings.
Section 3. The Planning Commission finds that the project qualifies as a Class
3 Exemption (The State of CA Guidelines, Section 15303) and is therefore categorically
exempt from environmental review under the California Environmental Quality Act.
Section 4. Section 17.46.030 requires a development plan to be submitted for
site plan review and approval before any grading requiring a grading permit or any
building or structure may be constructed or any expansion, addition, alteration or
repair to existing buildings may be made which involve changes to grading or an
increase to the size of the building or structure by at least 1,000 square feet and has the
effect of increasing the size of the building by more than twenty-five percent (25%) in
any thirty-six (36) month period. With respect to the Site Plan Review application
requesting construction of the new house, the Planning Commission makes the
following findings of fact:
A. The proposed development is compatible with the General Plan, the
Zoning Ordinance and surrounding uses because the proposed 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 105,280 square
feet. The proposed residence (5,200 sq.ft.), garage (600 sq.ft.), indoor swimming pool
(480 sq.ft.), and service yard (96 sq.ft.) will have 6,376 square feet of structures. The lot is
also developed with an existing barn (1,210 sq.ft.) and an existing water tank (880 sq.ft.),
for a total of 8,466 square feet of structures, which constitutes 8.0% of the net lot which
is within the maximum 20% structural lot coverage requirement. No basement is
4
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04 2617805
proposed for this development The total lot coverageincluding paved areas and
driveway will be 22,281 square feet, which equals 21.2% of the lot which is within the
35% maximum overall 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 39.5%, which is within the 40% maximum permitted.
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 scenic vistas across the property. The structures
proposed will not be visible from Portuguese Bend Road. 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 with indoor swimming
pool will not adversely affect or be materially detrimental to the adjacent uses,
buildings, or structures because the proposed structure will be constructed on a portion
of the lot which is the least intrusive to surrounding properties, will be screened and
landscaped with trees and shrubs which at maturity will not exceed 25 feet in height, is
a sufficient distance from nearby residences so that the proposed structure will not
impact the view or privacy of surrounding neighbors, will permit the owners to enjoy
their property without deleterious infringement on the rights of surrounding property
owners.
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.
D. The development plan incorporates existing large trees and native
vegetation to the maximum extent feasible. Specifically, the development plan
preserves dense brush and shrubs and supplements it with landscaping that is
compatible with and enhances the rural character of the community.
E. The development plan follows natural contours of the site to minimize
grading and the natural drainage courses will continue to the south of this lot. Grading
for this project will involve 1,140 cubic yards of cut and 1,140 cubic yards of fill and will
be balanced on site.
F. The development plan 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.
G. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because the proposed
project will utilize the existing driveway approach at the northern portion of the
property off Tally Hand Road for access. The existing driveway will be relocated
approximately ten feet to the east of its current location and will be restored to its
natural condition and will be landscaped. A portion of the existing driveway leading to
the stable will also be removed and the area landscaped.
RESOLUTION NO. 2001-24
PAGE 2
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04 2617.805
H. The project conforms to the requirements of the California Environmental
Quality Act and is exempt.
Section 5. Based upon the foregoing findings, the Planning Commission hereby
approves the Site Plan Review application for Zoning Case No. 639 for grading for a
new residence and a new driveway as shown on the Development Plan dated
November 6, 2001, and. marked Exhibit A, subject to the conditions contained in Section
6 of this Resolution.
Section 6. The Site Plan Review approved in Section 5 of this Resolution is
subject to the following conditions:
A. The Site Plan Review approval shall expire within one year from the
effective date of approval if construction pursuant to this approval has not commenced
within that time period, as required by Section 17.46.080(A) of the Rolling Hills
Municipal Code, or the approval granted is otherwise extended the Site Plan pursuant
to the requirements of that section.
- B. It is declared and made a condition of the Site Plan Review approval, that
if any conditions thereof are violated, this approval shall be suspended and the
privileges granted thereunder shall lapse; provided that the applicants have been given
written notice to cease such violation, the opportunity for a hearing has been provided,
and if requested, has been held, and thereafter the applicant fails to correct the violation
within a period of thirty (30) days from the date of the City's determination.
C. All requirements of the Buildings and Construction Ordinance, the
Zoning Ordinance, and of the zone in which the subject property is located must be
complied with unless otherwise set forth in the Permit, or shown otherwise on an
approved plan.
D. The lot shall be developed and maintained in substantial conformance
with the site plan on file marked Exhibit A and dated November 6, 2001, except as
otherwise provided in these conditions.
E. The working drawings submitted to the County Department of Building
and Safety for plan check review must conform to the development plan approved with
this application.
F. Grading shall not exceed 1,140 cubic yards of cut and 1,140 cubic yards of
fill and shall be balanced on site.
G. Structural lot coverage shall not exceed 8,466 square feet or 8.0%.
H. Total lot coverage of structures and paved areas shall not exceed 22,281
square feet or 21.2% in conformance with lot coverage limitations.
I. The disturbed area of the lot shall not exceed 41,546 square feet or 39.5% of
the net lot area in conformance with lot disturbance limitations.
RESOLUTION NO. 2001-24
PAGE 3
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04 26178O
J. Residential building pad coverage on the 22,880 square foot residential
building pad shall not exceed 6,376 square feet or 27.9%; coverage on the existing 3,240
square foot water tank pad shall not exceed 880 square feet or 27.2%, and 100% coverage
on the existing stable pad.
K. • The indoor swimming pool shall meet all requirements of the Los Angeles
County Building Code for indoor pools. The location of the pool shall be as depicted on
the Development Plan dated November 6, 2001 and marked Exhibit A.
L. Landscaping shall include water efficient irrigation, to the maximum
extent feasible, that incorporates low gallonage irrigation system, utilizes automatic
controllers, incorporates an irrigation design using "hydrozones," considers slope
factors and climate conditions in design, and utilizes means to reduce water waste
resulting from runoff and overspray in accordance with Section 17.27.020 (Water
efficient landscaping requirements) of the Rolling Hills Municipal Code.
M. Two copies of landscape plan and a cost estimate for material, labor and
irrigation to implement the landscaping plan must be submitted for review by the
Planning Department prior to the issuance of building or grading permits. Landscaping
for the entire project shall be designed using mature trees, which at full maturity shall
not exceed 25 feet in height, and shrubs so as not to obstruct views of neighboring
properties but, to obscure the residential structure on site.
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 and building
permit and shall be retained with the City for not less than two years after landscape
installation. After the two-year period, upon the request of the applicant, the retained
bond will be released by the City Manager after the City Manager or his designee
determines that the landscaping was installed pursuant to the landscaping plan as
approved, and that such landscaping is properly established and in good condition.
N. The existing driveway to the residence shall be removed and returned to
natural state to match the slope of the adjacent area and shall be landscaped. A portion
of the existing driveway to the stable shall be removed and also returned to a natural
state to match the adjacent slope and be landscaped. Those areas shall be vegetated with
native trees and shrubs and shall include, but not be limited to the following species of
flora: Toyon, Lemonadeberry, Huckleberry and similar native vegetation.
O. The proposed retaining wall along the driveway shall not exceed 3 feet in
height at any point. The exisitng five foot retaining wall along the rear yard setback
may be replaced, but shall not exceed 5 feet in height at any one point.
P. During construction, any soil disturbance shall preserve the existing
topography, flora, and natural features to the greatest extent possible.
Q. During construction, conformance with the air quality management district
requirements, stormwater pollution prevention practices, county and local ordinances
RESOLUTION NO. 2001-24
PAGE 4
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a4� 617805
and engineering practices so that people or property are not exposed to undue vehicle
trips, noise, dust, and objectionable odors shall be required.
R. During construction, the Erosion Control Plan containing the elements set
forth in Section 7010 of the 1996 County of Los Angeles Uniform Building Code shall be
followed to minimize erosion and to protect slopes and channels to control stormwater
pollution as required by the County of Los Angeles.
S. During and after construction, all parking shall take place on the project site
and, if necessary, any overflow parking shall take place within nearby roadway
easements.
T. During construction, the property owners shall be required to schedule and
regulate construction and related traffic noise throughout the day between the hours of
7 AM and 6 PM, Monday through Saturday only, when construction and mechanical
equipment noise is permitted, so as not to interfere with the quiet residential
environment of the City of Rolling Hills.
U. The property owners shall be required to conform to the Regional Water
Quality Control Board and County Health Department requirements for the installation
and maintenance of septic tanks.
V. The property owners shall be required to conform to the Regional Water
Quality Control Board and County Health Department requirements for the installation
and maintenance of stormwater drainage facilities.
W. The property owners shall be required to conform with the Regional
Water Quality Control Board and County Public Works Department Best Management
Practices (BMP's) related to solid waste.
X. The property owners shall be required to conform to the City of Rolling
Hills Outdoor Lighting Standards Ordinance, (Ordinance No. 287).
Y. A drainage plan system shall be approved by the Planning Department
and County District Engineer, to include any water from any site irrigation systems and
that all drainage from the site shall be conveyed in an approved manner.
Z. A detailed drainage plan that conforms to the development plan as
approved by the Planning Commission shall be submitted to the Rolling Hills Planning
Department staff for their review and approval.
AA. The working drawings submitted to the County Department of Building
and Safety for plan check review shall conform to the development plan described. in
Condition D. '
AB. Prior to the' submittal of an applicable final building plan to the County of
Los Angeles for plan check, a detailed drainage plan with related geology, soils and
hydrology reports that conform to the development plan as approved by the Planning
RESOLUTION NO. 2001-24
PAGE 5
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04 2617805
Commission shall be submitted to the Rolling Hills Planning Department staff for their
review and approval.
AC. 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.
AD. The applicant shall pay all of the applicable Los Angeles County Building
and Safety and Public Works Department fees, including Parks and Recreation Fees.
AE. The driveway to the property shall be 16 feet in width. •
AF. Until the applicants execute an Affidavit of Acceptance of all conditions of
this Site Plan Review approval, as required by Section 17.42.070 the approvals shall not
be effective.
AG. All conditions of the Site Plan approval, that apply, shall be complied with
prior to the issuance of a building permit from the County of Los Angeles.
PASSED, APPROVED AND ADOPTED THIS 20TH DAY OF NOVEMBER 2001.
7/
ALLAN ROBERTS, CHAIRMAN
ATTEST:
Merv�,,. _P, _ .
MARILYN KERN, DEPUTY CITY CLERK
RESOLUTION NO. 2001-24
PAGE 6
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS
1 certify that the foregoing Resolution No. 2001-24 entitled:
04 2617805
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING SITE PLAN REVIEW APPROVAL TO
PERMIT GRADING AND CONSTRUCTION OF A NEW SINGLE
FAMILY RESIDENCE TO REPLACE AN EXISTING SINGLE FAMILY
RESIDENCE AT 23 PORTUGUESE BEND ROAD IN ZONING CASE NO.
639.
was approved and adopted at a regular meeting of the Planning Commission on
November 20, 2001 by the following roll call vote: -
AYES: Commissioner Hankins, Margeta, Sommer, Witte and Chairman Roberts.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
DEPUTY CI CLERK
RESOLUTION NO. 2001-24
PAGE 7