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767, Construct a new SFR, Resolutions & Approval Conditions• • RESOLUTION NO. 2009-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE AND GRANTING A REQUEST FOR VARIANCES TO EXCEED THE MAXIMUM PERMITTED DISTURBED AREA OF THE LOT AND TO CONSTRUCT A STABLE AND CORRAL IN THE FRONT YARD IN ZONING CASE NO. 767, AT 0 PINE TREE LANE, (LOT 101-2-RH), (TURPANJIAN). PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. 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 Mr. and Mrs. Jerry Turpanjian with respect to real property located at 0 Pine Tree Lane (Lot 101-2-RH), Rolling Hills, CA., for a Site Plan Review for grading and construction of a 9,590 square foot residence with 1,460 square foot garage, 950 square feet of covered porches, 828 square foot porte- cochere, 1,618 square feet of trellises, 96 square foot service yard; 629 square foot swimming pool, 50 sq.ft. barbecue area, 64 square foot pool equipment area, and a 750 square foot stable with corral. The maximum height of the residence is proposed to be 19 feet from the finished grade. Grading for this project will consist of 12,760 cubic yard of cut and fill. Also proposed is a 5-foot wall along the driveway for approximately 120 feet with a 3-foot wall along the remaining portion of the driveway, a parking area past the stable and combination of 2:1 and 3:1 slopes behind the building pad (north and north west side of the pad). No basement is proposed with this development. The application also includes request for Variances to locate the stable and corral in the front yard area of the lot and to exceed the maximum permitted disturbed area of the lot by 17.4%, whereas 40% maximum disturbed area is permitted. Section 2. The Planning Commission conducted duly noticed public hearings to consider the application on March 17, April 21, May 19, and July 21, 2009 and at a field trip on April 7, 2009. 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' representatives were in attendance at the hearings and made several computer aided presentations. Section 3. During the proceedings the Commission expressed concerns regarding the mass and size of the proposed development, the variance request for disturbed area of the lot, the size of the porte cochere, the steepness of the slopes and in general expressed that the project does not meet the spirit and intent of the General Plan. In response, the applicants reduced the size of the residence, garage, swimming pool and the porches but increased the size of trellises and stable. ZC NO. 767 0 Pine Tree Lane 1 • • Section 4. At the onset of the proceedings several neighbors came forward to review the project and did not express objections. Neighbors on Portuguese Bend Road were present at the field trip and also did not object to the project. Section 5. 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 6. 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 grading and construction of a new residence, 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 lot coverage requirements, and specifically the coverage of the lot by structures is much less than the maximum permitted. The net lot area of the lot is 138,081 square feet, (3.16 acres). The structural lot coverage of the net lot is proposed to 16,035 sq.ft. or 11.6% (excluding the barbecue), which is within the maximum 20% structural lot coverage requirement. The total lot coverage including all structures, paved areas and driveway will be 31,803 sq.ft. or 23.0% 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. 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 applicants propose to tuck the development in, so that it is not greatly visible from any of the surrounding streets and properties. 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 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 a 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 building pad, but will be lower, 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. The lot is over 3 acres in size and the structures are not going to make the lot look overdeveloped. As ZC NO. 767 0 Pine Tree Lane 2 • . indicated in Paragraph A, the lot coverage maximum set forth in the Zoning Code will not be exceeded. Several residences in the vicinity have been approved that are comparable in size. D. There is no native or sensitive vegetation on the property. A biological study of the project site determined that only non-native grasses exist in the area of the site subject to grading and improvements and no remediation measures were recommended. The project will be screened from other ,properties and the road by introducing mature plants, which is a part of this approval. E. The development plan follows to the maximum extent practicable contours of the site to minimize grading and retain the natural drainage courses. Grading for this project will involve 12,760 cubic yards of cut and fill, total and will be balanced on site. In order to screen the house from other properties and from the major streets the applicants propose to lower the pad. Extensive grading is required to construct access to the residence. Due to the configuration of the lot the building pad is situated towards the rear of the property, necessitating a long driveway. F. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles because the site is accessible from a fully developed street and no changes in circulation are anticipated. G. The project conforms to the requirements of the California Environmental Quality Act and is exempt. Section 7. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code permit approval of a Variance from the standards and requirements of the Zoning Ordinance when exceptional or extraordinary circumstances applicable to the property and not applicable to other similar properties in the same zone prevent the owner from making use of a parcel of property to the same extent enjoyed by similar properties in the same vicinity. Section 17.16.110 requires that the front yard setback be fifty (50) feet from the roadway easement line, and be unobstructed from the ground upwards. In order to construct the 750 square foot stable with 850 square foot corral in the front yard, the applicants are seeking a Variance. With respect to this request for a Variance, the Planning Commission finds as follows: A. There are exceptional and extraordinary circumstances and conditions applicable to the property that do not apply generally to the other property or class of use in the same zone. Due to the shape of the lot the proposed residence will be located towards the rear of the property. The slope behind the proposed building pad is too extreme to place any structures. In addition the stable would have to be too close to the house and/or in the setback, which is not desirous. The existing residence has been developed towards the rear of the lot to garner the extraordinary views from the rear of the lot. There is not an adequate area in the rear to construct a future stable and corral without also requiring a variance or impairing the view. The topography of the lot together with shape of the lot create difficulty in constructing the stable and corral elsewhere on the property. ZC NO. 767 0 Pine Tree Lane 3 • • B. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, but which is denied to the property in question because due to the existing grade, narrow lot configuration at the front of the lot it would be a hardship to located the stable in the rear yard. In addition, the extraordinary view from the rear yard would be blocked from the house. The expansive open space in the front yard comfortably supports the stable. The narrow nature of the property places a hardship on locating the stable in the side or rear areas. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located because stables are encouraged to be constructed in the City, neighbors are used toseeing stables along streets in other parts of the City and this proposed stable would not affect anyone's views and therefore property value and would be screened from the street. D. In granting of the Variance the spirit and intent of the Zoning Ordinance will be observed in that the proposed construction will be orderly, attractive and shall protect the rural character of the community. As it is required by the Zoning Ordinance to either set aside an area for a stable and corral or construct it, in this case the front yard construction is a suitable area. E. The Variance request is consistent with the General Plan of the City of Rolling Hills because the proposed structures comply with the General Plan requirement of low profile, low -density residential development with sufficient open space between surrounding structures and a set aside area for a future stable and corral or the construction of a stable and corral. Section 8. Sections 17.38.010 through 17.38.050 of the Code permit approval of a variance from the standards and requirements of the Zoning Ordinance when, due to exceptional or extraordinary circumstances applicable to the property and not applicable to other similar properties in the same zone, strict application of the Code would deny the property owner substantial property rights enjoyed by other properties in the same vicinity and zone. The applicant seeks a variance from the 40% maximum disturbed area standard set forth in Section 17.16.070 of the Rolling Hills Municipal Code. 79,217 square feet or 57.4% of the net lot area is proposed to be disturbed. With respect to this request for a Variance, the Planning Commission finds as follows: A. There are exceptional and extraordinary circumstances and conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same zone. The Variance for the total disturbance is necessary because the unusual shape of the lot necessitates great amount of disturbance for the construction of the driveway. Due to the extreme slope in the rear of the lot it is not possible to construct a driveway from the rear. The shape of the lot with the very narrow frontage makes it difficult to meet the letter of the law. B. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity and zone, ZC NO. 767 0 Pine Tree Lane 4 • • but which is denied to the property in question. The Variance is necessary because of the unusual shape of the lot. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. The project as conditioned by this Resolution will be adequately screened to prevent adverse visual impact to surrounding properties. A minor increase in the overall percentage of disturbed area on the lot will have no effect on the public welfare or on property or improvements in the vicinity. In granting the Variance, the spirit and intent of the Zoning Ordinance will be observed. The purpose of the Zoning Ordinance is to regulate development in an orderly fashion and in a manner consistent with the goals and policies of the General Plan. Approval of the variance will not impede any goals of the Zoning Ordinance or the General Plan. Rather, the variance will allow the property owner to enjoy the same rights and privileges afforded to other property owners in the vicinity. The overage requested is not substantial and does not undermine the spirit or intent of the Zoning Ordinance. D. The variance does not grant special privileges to the applicant. To the contrary, absent a variance, the property owner would be deprived of the same rights and privileges afforded to other property owners in the vicinity. Unique circumstances applicable to the subject property make it infeasible for the property owner to comply with Section 17.16.070. E. The variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities. F. The variance request is consistent with the General Plan. The proposed project, together with the variance, will be compatible with the objectives, policies, general land uses, and programs specified in the General Plan. Section 9. Based upon the foregoing findings in Sections 6, 7 and 8, the Planning Commission hereby approves the Site Plan Review application and Variances in Zoning Case No. 767 for grading and construction of a new residence, garage, and stable to be located in the front yard, as well as to exceed the maximum permitted disturbance on the lot, as shown on the Site Plan dated August 10, 2009 subject to the following conditions: A. The conditions of approval specified herein shall be printed on the Plans submitted to RHCA and to Building and Safety Department for plan check and on all subsequent plans. B. The Site Plan Review and Variances approvals 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 Sections 17.46.080(A) and 17.38.070(A) of the Rolling Hills Municipal Code, or the approval granted is otherwise extended pursuant to the requirements of those sections. ZC NO. 767 0 Pine Tree Lane 5 • • C. It is declared and made a condition of the 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. D. All requirements of the Building and Construction Ordinance, the Zoning Ordinance, and of the zone in which the subject property is located must be complied with unless otherwise set forth in this approval, or shown otherwise on an approved plan. E. The lot shall be developed and maintained in substantial conformance with the revised site plan on file dated August 10, 2009 and cross sections dated July 21, 2009 and August 10, 2009. No basement is proposed with this development. F. The working drawings submitted to the Department of Building and Safety (either County or Engineering consultants), for plan check review must conform to the development plan approved with this application. In addition, prior to submittal of final plans to the Building Department for issuance of 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. G. Grading shall not exceed a total of 12,760 cubic yard of cut and fill and shall be balanced on site. Only excavated material including from the pool may be hauled away. H. Structural lot coverage shall not exceed 15,985 square feet or 11.6%, (excl. barbecue). I. Total lot coverage of structures and paved areas shall not exceed 31,753 square feet or 23.0% in conformance with lot coverage limitations. The turn around area of the driveway past the stable shall be of pervious material. J. The disturbance of the lot shall not exceed 79,217 square feet of surface area or 57.4%, as approved by this Variance. K. Residential building pad coverage on the 47,286 square feet residential building pad shall not exceed 26.6% (not including portion of the covered porches, the trellis and barbecue). The stable pad shall be 1,950 square feet and have coverage of 38.5%. L. A minimum of four -foot level path and / or walkway, which does not have to be paved, shall be provided around the entire perimeter of the residence, garage and stable. M. Prior to issuance of grading or building permits, two sets of landscaping plans for the graded areas shall be submitted to staff for review. The property shall be landscaped and screened from adjacent properties. Shrubs and trees for the entire ZC NO. 767 0 Pine Tree Lane 6 • • property shall be planted in an offset manner, and in a sufficient distance from each other so that when mature would not create a hedge, but a see through screen. The existing or like landscaping along the slope of Blackwater Canyon Road shall be maintained. Landscaping shall include water efficient irrigation that incorporates low gallonage irrigation system, utilizes automatic controllers, incorporates an irrigation design using "hydrozones," considers slope factors and climate conditions, and utilizes means to reduce water waste resulting from runoff and overspray. Refer to the Biological Resources Assessment study prepared by SWCA Environmental Consultants for this site (p. 19) for recommendations of suitable plants. N. Two copies of the landscaping and irrigation plan for the graded 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. 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. No grading shall be conducted during bird nesting period, which is between February and August. If project activities must be implemented during this time period, the project applicant shall retain a qualified biologist, approved by the City, to perform preconstruction nest surveys to identify active nests within and adjacent to the project area. If nests are discovered, a qualified biologist may remove the nests only after it has been determined that the nest is not active. Refer to the Biological Resources Assessment study prepared by SWCA Environmental Consultants (p.18 and 19) for recommendations of the process to be implemented. P. Per the recommendation of the Traffic Commission, the driveway shall be 20 feet wide with 24-foot apron with a radius that meets the 20-foot width approximately 6-feet back from the paved roadway. The apron shall be roughened for equestrian passage. No curbing, walls, planting or architectural features, such as pilasters shall be constructed that would obstruct vehicular visibility exiting the driveway or obstruct equestrian activity in the easement. To aid drainage and soften the paved look, the driveway may have strips or edges of decorative pervious material. The turn around area past the stable shall be of pervious material. Q. The proposed walls along the driveway may not exceed 5 feet at any one point and shall vary in height, as shown on the site plan dated August 10, 2009, from a 6 inch curb to five feet and shall be screened with landscaping to maximum extend practicable. R. The property owners shall be required to conform to the City of Rolling Hills and RHCA roofing material standards, Outdoor Lighting Standards and ZC NO. 767 0 Pine Tree Lane 7 undergrounding of utility lines requirements, as well as all other requirements of the Municipal Code. S. The stable shall not exceed 750 square feet and may not have a loft. The floor of the stalls and the outside area immediately adjacent to the entrance of the stalls shall be covered with dirt or other animal friendly pervious surface. The stable shall not be converted to other uses. T. 50% of the demolition and construction materials must be recycled and diverted. The hauler must be licensed by the City and have all appropriate insurance. U. The property lines, easement lines and setbacks shall be delineated during 'the entire duration of the construction and no grading or construction shall take place in the easement, unless approved by the RHCA. V. During and after construction perimeter easements and trails shall remain free and clear of encroachments including, but not be limited to, site development, fences -including construction fences, grading, landscaping, irrigation, drainage devices, play equipment, parked vehicles, building materials, debris and other equipment, unless otherwise approved by the RHCA. W. No drainage device may be located in such a manner as to contribute to erosion or in any way affect an easement, trail or adjacent properties. The energy dissipaters shall be designed in such a manner as to not cross over any equestrian trails or easements. The drainage system(s) shall not discharge water onto a trail, shall incorporate earth tone colors, including in the design of the dissipater and shall be screened from any trail and neighbors views to the maximum extent practicable, without impairing the function of the drainage system. X. During construction, conformance with the air quality management district requirements, so that people or property are not exposed to undue vehicle trips, noise, dust, and objectionable odors shall be required, including but not be limited to the following: Fugitive Dust - 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 - 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. ZC NO. 767 0 Pine Tree Lane 8 • • Construction Equipment Exhaust - Heavy construction equipment shall be properly tuned and maintained to reduce emissions. Construction equipment shall be fitted with the most modern emission control devices, subject to periodic inspections by City Building Inspector. - Provide temporary traffic controls such as a flag person, during the delivery of heavy equipment or building materials to maintain smooth traffic flow. - Use electricity from power poles rather than temporary diesel or gasoline power generators - No vehicles shall idle in excess of five minutes, both on -site and off -site. Y. 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. Z. 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 the adjacent streets. All staging and parking shall be on the subject site, and if necessary adjacent roadway easements. AA. The contractors and subcontractors are to encourage their employees to car-pool into the City. AB. During grading/construction proper construction signs shall be installed along the street warning drivers of the construction. AC. The applicant shall submit a geotechnical report for review and approval by the County of Los Angeles or City's Engineering consulting Geologist prior to issuance of a grading permit. Prior to the submittal of an applicable final grading plan 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. AD. Cut and fill slopes shall not exceed steepness as shown on the development plan dated July 21 and August 10, 2009. To the greatest extent practicable, effort should be made to create gentler slopes than 2:1, without exceeding disturbance of the lot. AE. 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. ZC NO. 767 0 Pine Tree Lane 9 • • AF. The applicant shall comply with grading requirements relative to submitting grading and construction reports on a bi-weekly basis, or as otherwise required by the Building and Grading Code. • AG. The applicant shall comply with requirements for bonding for grading and all other requirements resulting from the review of the soils and geology reports. AH. The applicant shall submit and obtain approval of a drainage plan from the Building Official, prior to issuance of any grading permits and/ or a building permit for new construction. Prior to the submittal of a final building plan to the Building Department for plan check, 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 review and approval. AI. During construction, an Erosion Control Plan containing the elements set forth in Section 7010 of the 2008 County of Los Angeles 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. AJ. The property owners shall be required to conform to the Regional Water Quality Control Board and County Public Works Department requirements for the installation and post construction maintenance of stormwater drainage facilities. AK. The property owners shall be required to conform to the Regional Water Quality Control Board and County Public Works Department Best Management Practices (BMPs) related to solid waste. AL. The applicant shall submit and obtain approval of a Local Storm Water Pollution Prevention Plan (SWPPP) to the City of Rolling Hills and the 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 Standard Urban Storm water Mitigation Plan (SUSMP) to the City of Rolling Hills and the 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 storm water pollution as required by the Code. AP. The project must be reviewed and approved by the Rolling Hills Community Association Architectural Review Committee prior to the issuance of grading or building permit. ZC NO. 767 0 Pine Tree Lane 10 • AQ. Until the applicants execute and record an Affidavit of Acceptance of all conditions of this Site Plan Review and Variances approvals, as required by the Municipal Code, the approvals shall not be effective. AR. All conditions of the Site Plan and Variances approvals, that apply, shall be complied with prior to the issuance of grading or building permit. AS. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills Municipal Code, any modification or addition to this project or to the property, may be constructed with approval by the Planning Commission. AT. During the entire construction process, the property lines, easement lines and setback lines shall be staked, and the stakes kept in good condition along the front, along the north side property line and the rear. AU. No building permit for grading and / or construction for the stable shall be issued until grading and / or building permits have been obtained for the residence and work is ready to commence on the residence project. AV. The applicant shall pay all of the applicable Building and Safety and Public Works Department fees, including City's Parks and Recreation Fees and Palos Verdes Peninsula Unified School District fees for new residence. AW. Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in Section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure Section 1094.6 PASSED, APPROVED AND ADOPTED THIS 18th DAY OF AUGUST 2009. \PL,Ct rc c kita RICHARD HENKE, CHAIRMAN HEIDI LUCE, DEPUTY CITY CLERK ZC NO. 767 0 Pine Tree Lane 11 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 2009-07 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE AND GRANTING A REQUEST FOR VARIANCES TO EXCEED THE MAXIMUM PERMITTED DISTURBED AREA OF THE LOT AND TO CONSTRUCT A STABLE AND CORRAL IN THE FRONT YARD IN ZONING CASE NO. 767, AT 0 PINE TREE LANE, (LOT 101-2-RH), (TURPANJIAN). PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. was approved and adopted at a regular meeting of the Planning Commission on August 18, 2009 by the following roll call vote: AYES: Commissioners Pieper, Witte and Chairman Henke. NOES: Commissioner DeRoy. ABSENT: Commissioner Smith. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. - DEPUTY CITY CLERK ZC NO. 767 0 Pine Tree Lane 12 Ozh RECORDING REQUESTED BY AND MAIL TO: CITY OF ROLLING HILLS PLANNING DEPARTMENT 2 PORTUGUESE BEND RD. ROLLING HILLS, CA 90274 (310) 377-1521 (310) 377-7288 FAX 4N RECORDER'S USE ONLY THE REGISTRAR -RECORDER'S OFFICE REQUIRES THAT THE FORM BE NOTARIZED BEFORE RECORDATION. AFFIDAVIT OF ACCEPTANCE FORM STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) ZONING CASE NO. 767 XX VARIANCES XX SITE PLAN REVIEW I (We) the undersigned state I am (We are) the owner(s) of the real property described as follows: 0 PINE TREE LANE, ROLLING HILLS, (LOT 101-2-RH), CA 90274 This property is the subject of the above numbered case and conditions of approval I am (We are) aware of, and accept, all the stated conditions in said ZONING CASE NO. 767 VARIANCES AND SITE PLAN REVIEW I (We) certify (or declare) under the penalty of perjury that the foregoing is true and correct. Signature Signature Name typed or printed Name typed or printed Address Address City/State City/State Signatures must be acknowledged by a notary public. See Attached Exhibit "A", RESOLUTION OF APPROVAL NO. 1076 State of California ) County of Los Angeles ) On before me, Personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/her/their authorized capacity(ies) and that by his/ her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS by hand and official seal. Signature of Notary ( Seal) • RESOLUTION NO. 1076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE AND GRANTING A REQUEST FOR VARIANCES TO EXCEED THE MAXIMUM PERMITTED DISTURBED AREA OF THE LOT AND TO CONSTRUCT A STABLE AND CORRAL IN THE FRONT YARD IN ZONING CASE NO. 767, AT 0 PINE TREE LANE, (LOT 101-2-RH), (TURPANJIAN). PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM TIIE CALIFORNIA ENVIRONMENTAL QUALITY ACT. THE CITY COUNCIL DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application was duly filed by Mr. and Mrs. Jerry Turpanjian with respect to real property located at 0 Pine Tree Lane (Lot 101-2-RH), Rolling Hills, CA., for a Site Plan Review for grading and construction of a 9,590 square foot residence with 1,460 square foot garage, 950 square feet of covered porches, 828 square foot porte-cochere, 1,618 square feet of trellises, 96 square foot service yard; 629 square foot swimming pool, 50 sq.ft. barbecue area, 64 square foot pool equipment area, and a 750 square foot stable with corral. The maximum height of the residence is proposed to be 19.5 feet from the finished floor. Grading for this project will consist of 12,760 cubic yard of cut and fill. Also proposed is a 5-foot wall along the driveway for approximately 120 feet with a 3-foot wall along the remaining portion of the driveway, a parking area past the stable and combination of 2:1 and 3:1 slopes behind the building pad (north and north west side of the pad). No basement is proposed with this development. The application also includes request for Variances to locate the stable and corral in the front yard area of the lot and to exceed the maximum permitted disturbed area of the lot by 17.4%, whereas 40% maximum disturbed area is permitted. Section 2. The Planning Commission adopted Resolution No. 2009-07, on August 18, 2009 granting approval in Zoning Case No. 767. The vote was 3-1-0-1. Commissioner DeRoy dissented and Commissioner Smith was absent. Section 3. The City Council took this case under jurisdiction at the August 24 City Council meeting and conducted duly noticed public hearings on September 14, 2009, October 12, and at a field visit on October 9, 2009. 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 City Council having reviewed, analyzed and studied said proposal. The applicants and their representatives were in attendance at the hearings. Section 4. No neighbors came forward to either support or object to the project, although two neighbors attended the field trip. Section 5. The City Council 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 6. 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 grading and construction of a new residence, the City Council 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 lot coverage requirements, and specifically the coverage of the lot by structures is much less than the maximum permitted. Resolution No. 1076 ZC NO. 767 0 Pine Tree Lane • i RESOLUTION NO. 1076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE AND GRANTING A REQUEST FOR VARIANCES TO EXCEED THE MAXIMUM PERMITTED DISTURBED AREA OF THE LOT AND TO CONSTRUCT A STABLE AND CORRAL IN THE FRONT YARD IN ZONING CASE NO. 767, AT 0 PINE TREE LANE, (LOT 101-2-RH), (TURPANJIAN). PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. THE CITY COUNCIL DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application was duly filed by Mr. and Mrs. Jerry Turpanjian with respect to real property located at 0 Pine Tree Lane (Lot 101-2-RH), Rolling Hills, CA., for a Site Plan Review for grading and construction of a 9,590 square foot residence with 1,460 square foot garage, 950 square feet of covered porches, 828 square foot porte-cochere, 1,618 square feet of trellises, 96 square foot service yard; 629 square foot swimming pool, 50 sq.ft. barbecue area, 64 square foot pool equipment area, and a 750 square foot stable with corral. The maximum height of the residence is proposed to be 19.5 feet from the finished floor. Grading for this project will consist of 12,760 cubic yard of cut and fill. Also proposed is a 5-foot wall along the driveway for approximately 120 feet with a 3-foot wall along the remaining portion of the driveway, a parking area past the stable and combination of 2:1 and 3:1 slopes behind the building pad (north and north west side of the pad). No basement is proposed with this development. The application also includes request for Variances to locate the stable and corral in the front yard area of the lot and to exceed the maximum pennitted disturbed area of the lot by 17.4%, whereas 40% maximum disturbed area is permitted. Section 2. The Planning Commission adopted Resolution No. 2009-07, on August 18, 2009 granting approval in Zoning Case No. 767. The vote was 3-1-0-1. Commissioner I)eRoy dissented and Commissioner Smith was absent. Section 3. The City Council took this case under jurisdiction at the August 24 City Council meeting and conducted duly noticed public hearings on September 14, 2009, October 12, and at a field visit on October 9, 2009. 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 City Council having reviewed, analyzed and studied said proposal. The applicants and their representatives were in attendance at the hearings. Section 4. No neighbors came forward to either support or object to the project, although two neighbors attended the field trip. Section 5. The City Council 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 6. 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 grading and construction of a new residence, the City Council 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 lot coverage requirements, and specifically the coverage of the lot by structures is much less than the maximum permitted. Resolution No. 1076 ZC NO. 767 0 Pine Tree Lane 1111 'The net lot area of the lot is 138,081 square feet, (3.16 acres). The structuralstructural11t coverage of the net lot is proposed to 16,035 sq.ft. or 11.6% (excluding the barbecue), which is within the maximum 20% structural lot coverage requirement. The total lot coverage including all structures, paved areas and driveway will be 31,753 sq.ft. or 23.0% 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. 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 applicants propose to tuck the development in, so that it is not greatly visible from any of the surrounding streets and properties. 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 will not adversely affect or be materially detrimental to the adjacent uses, buildings, or structures because the proposed structure will he constructed on a portion of the lot which is least intrusive to surrounding properties, will be screened and landscaped with trees and shrubs, is a 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 building pad, but will be lower, 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. The lot is over 3 acres (net) in size and the structures are not going to make the lot look overdeveloped. As indicated in Paragraph A, the lot coverage maximum set forth in the Zoning Code will not be exceeded. Several residences in the vicinity have been approved that are comparable in size. D. There is no native or sensitive vegetation on the property. A biological study of the project site determined that only non-native grasses exist in the area of the site subject to grading and improvements and no remediation measures were recommended. The project will be screened from other properties and the road by introducing whim plants, which is a part of this approval. E. The development plan follows to the maximum extent practicable contours of the site to minimize grading and retain the natural drainage courses. Grading for this project will involve 12,760 cubic yards of cut and fill, total and will be balanced on site. In order to screen the house from other properties and from the major streets the applicants propose to lower the pad. Extensive grading is required to construct access to the residence. Due to the configuration of the lot the building pad is situated towards the rear of the property, necessitating a long driveway. F. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles because the site is accessible from a fully developed street and no changes in circulation are anticipated. G. The project conforms to the requirements of the California Environmental Quality Act and is exempt. Section 7. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code permit approval of a Variance from the standards and requirements of the Zoning Ordinance when exceptional or extraordinary circumstances applicable to the property and not applicable to other similar properties in the same zone prevent the owner from making use of a parcel of property to the same extent enjoyed by similar properties in the same vicinity. Section 17.16.110 requires that the front yard setback be fifty (50) feet from the roadway easement line, and be unobstructed from the ground upwards. In order to construct the 750 square foot stable with 850 square foot corral in the front yard, the applicants are seeking a Variance. With respect to this request for a Variance, the City Council finds as follows: A. There are exceptional and extraordinary circumstances and conditions applicable to the property that do not apply generally to the other property or class of use in the same zone. Due to the shape of the lot the proposed residence will be located towards the rear of the property. The slope behind the proposed building pad is too extreme to place any structures. In addition the stable would have to be too close to the house and/or in the setback, which is not desirous. The existing residence has been developed towards the rear of the lot to garner the extraordinary views from the rear of the lot. There is not an adequate area in the rear to construct a future stable and corral without also requiring a variance or impairing the view. The topography of the lot together Resolution No. 1076 ZC NO. 767 0 Pine Tree Lane 2 with shape of the lot create difficulty in constructing the stable and corral elsewhere on the property. B. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, but which is denied to the property in question because due to the existing grade, narrow lot configuration at the front of the lot it would he a hardship to located the stable in the rear yard. In addition, the extraordinary view from the rear yard would be blocked from the house. The expansive open space in the front yard comfortably supports the stable. The narrow nature of the property places a hardship on locating the stable in the side or rear areas. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located because stables are encouraged to be constructed in the City, neighbors are used to seeing stables along streets in other parts of the City and this proposed stable would not affect anyone's views and therefore property value and would be screened from the street. D. In granting of the Variance the spirit and intent of the Zoning Ordinance will be observed in that the proposed construction will be orderly, attractive and shall protect the rural character of the community. As it is required by the Zoning Ordinance to either set aside an area for a stable and corral or construct it, in this case the front yard construction is a suitable area. E. The Variance request is consistent with the General Plan of the City of Rolling Hills because the proposed structures comply with the General Plan requirement of low profile, low - density residential development with sufficient open space between surrounding structures and a set aside area for a future stable and corral or the construction of a stable and corral. Section 8. Sections 17.38.010 through. 17.38.050 of the Code permit approval of a variance from the standards and requirements of the Zoning Ordinance when, due to exceptional or extraordinary circumstances applicable to the property and not applicable to other similar properties in the same zone, strict application of the Code would deny the property owner substantial property rights enjoyed by other properties in the same vicinity and zone. The applicant seeks a variance from the 40% maximum disturbed area standard set forth in Section 17.16.070 of the Rolling Hills Municipal Code. 79,217 square feet or 57.4% of the net lot area is proposed to be disturbed. With respect to this request for a Variance, the City Council finds as follows: A. There are exceptional and extraordinary circumstances and conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same zone. The Variance for the total disturbance is necessary because the unusual shape of the lot necessitates great amount of disturbance for the construction of the driveway. Due to the extreme slope in the rear of the lot it is not possible to construct a driveway from the rear. The shape of the lot with the very narrow frontage makes it difficult to meet the letter of the law. B. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity and zone, but which is denied to the property in question. The Variance is necessary because of the unusual shape of the lot. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. The project as conditioned by this Resolution will be adequately screened to prevent adverse visual impact to surrounding properties. A minor increase in the overall percentage of disturbed area on the lot will have no effect on the public welfare or on property or improvements in the vicinity. In granting the Variance, the spirit and intent of the Zoning Ordinance will be observed. The purpose of the Zoning Ordinance is to regulate development in an orderly fashion and in a manner consistent with the goals and policies of the General Plan. Approval of the variance will not impede any goals of the Zoning Ordinance or the General Plan. Rather, the variance will allow the property owner to enjoy the same rights and privileges afforded to other property owners in the vicinity. The overage requested is not substantial and does not undermine the spirit or intent of the Zoning Ordinance. Resolution No. 1076 ZC NO. 767 0 Pine Tree Lane 3 1111 D. The variance does not grant special privileges to the applicant. To the contrary, absent a variance, the property owner would be deprived of the same rights and privileges afforded to other property owners in the vicinity. Unique circumstances applicable to the subject property make it infeasible for the property owner to comply with Section 17.16.070. E. The variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities. F. The variance request is consistent with the General Plan. The proposed project, together with the variance, will be compatible with the objectives, policies, general land uses, and programs specified in the General Plan. Section 9. Based upon the foregoing findings in Sections 6, 7 and 8, the City Council hereby approves the Site Plan Review application and Variances in Zoning Case No. 767 for grading and construction of a new residence, garage, and stable to be located in the front yard, as well as to exceed the maximum permitted disturbance on the lot, as shown on the Site Plan dated August 10, 2009 subject to the following conditions: A. The conditions of approval specified herein shall be printed on the Plans submitted to RHCA and to Building and Safety Department for plan check and on all subsequent plans. B. The Site Plan Review and Variances approvals 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 Sections 17.46.080(A) and 17.38.070(A) of the Rolling Hills Municipal Code, or the approval granted is otherwise extended pursuant to the requirements of those sections. C. It is declared and made a condition of the 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. D. All requirements of the Building and Construction Ordinance, the Zoning Ordinance, and of the zone in which the subject property is located must be complied with unless otherwise set forth in this approval, or shown otherwise on an approved plan. E. The lot shall be developed and maintained in substantial conformance with the revised site plan on file dated August 10, 2009 and cross sections dated July 21, 2009 and August 10, 2009. No basement is proposed with this development. F. The working drawings submitted to the Department of Building and Safety (either County or Engineering consultants), for plan check review must conform to the development plan approved with this application. In addition, prior to submittal of final plans to the Building Department for issuance of 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 City Council. G. Grading shall not exceed a total of 12,760 cubic yard of cut and fill and shall be balanced on site. Only excavated material including from the pool may be hauled away. H. Structural lot coverage shall not exceed 15,985 square feet or 11.6%, (excl. barbecue). I. Total lot coverage of structures and paved areas shall not exceed 31,753 square feet or 23.0% in conformance with lot coverage limitations. The turn around area of the driveway past the stable shall be of pervious material. J. The disturbance of the lot shall not exceed 79,217 square feet of surface area or 57.4%, as approved by this Variance. Resolution No. 1076 ZC NO. 767 0 Pine Tree Lane 4 K. Residential building pad coverage on the 47,286 square feet residential building pad shall not exceed 26.6% (not including portion of the covered porches, the trellis and barbecue). The stable pad shall he 1,950 square feet and have coverage of 38.5%. L. A minimum of four -foot level path and/or walkway, which does not have to he paved, shall be provided around the entire perimeter of the residence, garage and stable. M. Prior to issuance of grading or building permits, two sets of landscaping plans for the graded areas shall be submitted to staff for review. The property shall he landscaped and screened from adjacent properties. Shrubs and trees for the entire property shall be planted in an offset manner, and in a sufficient distance from each other so that when mature would not create a hedge, but a see through screen. Any trees and shrubs planted in conjunction with this project or thereafter shall be of such species that at maturity shall not be higher than the ridgeline of the residence. N. The existing or like landscaping along the slope of Blackwater Canyon Road shall be maintained. Landscaping shall include water efficient irrigation that incorporates low gallonage irrigation system, utilizes automatic controllers, incorporates an irrigation design using "hydrozones," considers slope factors and climate conditions, and utilizes means to reduce water waste resulting from runoff and overspray. Refer to the Biological Resources Assessment study prepared by SWCA Environmental Consultants for this site (p. 19) for recommendations of suitable plants. O. Two copies of the landscaping and irrigation plan for the graded areas, residence and pool 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. 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. Per the recommendation of the Traffic Commission, the driveway shall be 20 feet wide with 24-foot apron with a radius that meets the 20-foot width approximately 6-feet back from the paved roadway. The apron shall be roughened for equestrian passage. No curbing, walls, planting or architectural features, such as pilasters shall be constructed that would obstruct vehicular visibility exiting the driveway or obstruct equestrian activity in the easement. To aid drainage and soften the paved look, the driveway may have strips or edges of decorative pervious material. The turn around area past the stable shall be of pervious material. Q. The proposed walls along the driveway may not exceed 5 feet at any one point and shall vary in height, as shown on the site plan dated August 10, 2009, from a 6 inch curb to five feet and shall be screened with landscaping to maximum extend practicable. R. The property owners shall be required to conform to the City of Rolling Hills and RHCA roofing material standards, Outdoor Lighting Standards and undergrounding of utility lines requirements, as well as all other requirements of the Municipal Code. S. The stable shall not exceed 750 square feet and may not have a loft. The floor of the stalls and the outside area immediately adjacent to the entrance of the stalls shall be covered with dirt or other animal friendly pervious surface. The stable shall not be converted to other uses. T. 50% of the demolition and construction materials must be recycled and diverted. The hauler must be licensed by the City and have all appropriate insurance. U. During and after construction perimeter easements and trails shall remain free and clear of encroachments including, but not be limited to, site development, fences -including construction fences, grading, landscaping, irrigation, drainage devices, play equipment, parked vehicles, building materials, debris and other equipment, unless otherwise approved by the RHCA. Resolution No. 1076 ZC NO. 767 0 Pine Tree Lane 5 V. No drainage device may be located in such a manner as to co tribute to erosion or in any way affect an easement, trail or adjacent properties. The energy dissipaters shall be designed in such a manner as to not cross over any equestrian trails or easements. The drainage system(s) shall not discharge water onto a trail, shall incorporate earth tone colors, including in the design of the dissipater and shall be screened from any trail and neighbors views to the maximum extent practicable, without impairing the function of the drainage system. W. During construction, conformance with the air quality management district requirements, so that people or property are not exposed to undue vehicle trips, noise, dust, and objectionable odors shall be required, including but not be limited to the following: Fugitive Dust - 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 - 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. Construction Eauinment Exhaust - Heavy construction equipment shall be properly tuned and maintained to reduce emissions. Construction equipment shall be fitted with the most modern emission control devices, subject to periodic inspections by City Building Inspector. - Provide temporary traffic controls such as a flag person, during the delivery of heavy equipment or building materials to maintain smooth traffic flow. - Use electricity from power poles rather than temporary diesel or gasoline power generators - No vehicles shall idle in excess of five minutes, both on -site and off -site. X. 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. Y. 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 the adjacent streets. All staging and parking shall be on the subject site, and if necessary adjacent roadway easements. Z. The contractors and subcontractors are to encourage their employees to car-pool into the City. AA. During grading/construction proper construction signs shall be installed along the street warning drivers of the construction. AB. The applicant shall submit a geotechnical report for review and approval by the County of Los Angeles or City's Engineering consulting Geologist prior to issuance of a grading permit. Prior to the submittal of an applicable final grading plan 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. AC. Cut and fill slopes shall not exceed steepness as shown on the development plan, cross section- dated July 21 and site plan dated August 10, 2009. To the greatest extent practicable, effort should be made to create gentler slopes than 2:1, without exceeding disturbance of the lot. Resolution No. 1076 ZC NO. 767 0 Pine Tree Lane 6 • • AD. 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. AE. The applicant shall comply with grading requirements relative to submitting grading and construction reports on a bi-weekly basis, or as otherwise required by the Building and Grading Code. AF. The applicant shall comply with requirements for bonding for grading and all other requirements resulting from the review of the soils and geology reports. AG. The applicant shall submit and obtain approval of a drainage plan from the Building Official, prior to issuance of any grading permits and/or a building permit for new construction. Prior to the submittal of a final building plan to the Building Department for plan check, a detailed drainage plan that conforms to the development plan as approved by the City Council shall be submitted to the Rolling Hills Planning Department staff for review and approval. AN. During construction, an Erosion Control Plan containing the elements set forth in Section 7010 of the 2008 County of Los Angeles 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. AI. The property owners shall be required to conform to the Regional Water Quality Control Board and County Public Works Department requirements for the installation and post construction maintenance of stormwater drainage facilities. AJ. The property owners shall be required to conform to the Regional Water Quality Control Board and County Public Works Department Best Management Practices (BMPs) related to solid waste. AK. The applicant shall submit and obtain approval of a Local Storm Water Pollution Prevention Plan (SWPPP) to the City of Rolling Hills and the 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 Standard Urban Storm water Mitigation Plan (SUSMP) to the City of Rolling Hills and the Building Official, prior to issuance of any grading permits and/or a building permit for new construction. AM. 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. AN. 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 storm water pollution as required by the Code. AO. The project must be reviewed and approved by the Rolling Hills Community Association Architectural Review Committee prior to the issuance of grading or building permit. AP. Until the applicants execute and record an Affidavit of Acceptance of all conditions of this Site Plan Review and Variances approvals, as required by the Municipal Code, the approvals shall not be effective. AQ. All conditions of the Site Plan and Variances approvals, that apply, shall be complied with prior to the issuance of grading or building permit. AR. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills Municipal Code, any modification or addition to this project or to the property, may be constructed with approval by the Planning Commission. Resolution No. 1076 ZC NO. 767 0 Pine Tree Lane 7 II AS. During tP entire construction process, the property lines, easement lines and setback lines shall be staked, and the stakes kept in good condition along the front, along the north side property line and the rear. AT. No building permit for grading and/or construction for the stable shall be issued until grading and/or building permits have been obtained for the residence and work is ready to commence on the residence project. AU. The applicant shall pay all of the applicable Building and Safety and Public Works Department fees, including City's Parks and Recreation Fees and Palos Verdes Peninsula Unified School District fees for new residence. AV. Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in Section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure Section 1094.6 PASSED, APPROVED AND ADOPTED THIS 26th D OF OCTOBE 2009. HEIDI LUCE, DEPUTY CITY CLERK Resolution No. 1076 ZC NO. 767 0 Pine Tree Lane fI •IvL�S IIEI '; ER, MAYUR-- — 8 • STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 1076 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE AND GRANTING A REQUEST FOR VARIANCES TO EXCEED THE MAXIMUM PERMITTED DISTURBED AREA OF THE LOT AND TO CONSTRUCT A STABLE AND CORRAL IN THE FRONT YARD IN ZONING CASE NO. 767, AT 0 PINE TREE LANE, (LOT 101-2-RH), (TURPANJIAN). PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. was approved and adopted at a regular meeting of the CITY COUNCIL on OCTOBER 26, 2009 by the following roll call vote: AYES: Councilmembers Hill, Lay, Mayor Pro Tern Pernell and Mayor Heinsheimer. NOES: None. ABSENT: Councilmember Black. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. HEIDI LUCE DEPUTY CITY CLERK Resolution No. 1076 ZC NO. 767 0 Pine Tree Lane 9 RESOLUTION NO. 1003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF VESTING TENTATIVE PARCEL MAP NO. 27078, SUBDIVISION NO. 90, A REQUEST TO SUBDIVIDE A 8.45 ACRE EXISTING LOT, DEVELOPED WITH ONE RESIDENTIAL UNIT AND ACCESSORY STRUCTURES, INTO TWO SINGLE FAMILY RESIDENTIAL THROUGH LOTS, LOCATED ALONG UPPER BLACKWATER CANYON ROAD AND PINE TREE LANE, IN ZONING CASE NO. 717. (KAZARIAN): THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application was duly filed by Mr. and Mrs. Benjamin Kazarian with respect to real property Lot 101-RH, and known as 20 Upper Blackwater Canyon Road, Rolling Hills, requesting approval to subdivide one existing lot totaling 8.45 acres into two (2) single-family lots. The subject property currently has one residential development located on the proposed Parcel No. 1 at 20 Upper Blackwater Canyon Road. Section 2. The Los Angeles County Regional Planning Department Subdivision Committee reviewed the application and the City received the report with recommended conditions from the Subdivision Committee on September 29, 2005. The Planning Commission reviewed the case at subsequent meetings beginning on November 15, 2005 and concluded with a recommendation of approval to the City Council on January 17, 2006. Section 3. The City Council conducted duly noticed public hearings in this case on February 27, 2006, March 13, 2006, March 27, 2006, April 10, 2006, and April 24, 2006 and at a field trip on March 13, 2006. 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 City Council having reviewed, analyzed and studied said proposal. The applicant and his representative were in attendance at the hearings. Section 4. Originally, the applicants requested a Variance to allow the newly created parcel, Parcel 2, to have less than the required width along Pine Tree Lane roadway easement. During the hearings the applicants withdrew the request for the Variance and provided 154 feet roadway easement frontage along Pine Tree Lane, which meets the requirements of the Subdivision Ordinance. In addition, during the hearings, several neighbors testified against the demonstrated driveway from Pine Tree Lane for Parcel 2. Subsequently, the applicants illustrated an alternate driveway access from Upper Blackwater Canyon Road. TPM NO. 27078 Kazarian 5/08/06 1 �GC �J Get v z, �-c�� • Section 5. The application applies to Lot 101-RH, which consists of 8.45 acres gross. The lot is proposed to be divided into two parcels as follows: Parcel 1 is proposed to be 4.33 acres gross and 3.18 acres net; Parcel 2 is proposed to be 4.12 acres gross and 3.23 acres net. Parcel one is developed with a single-family residential development and accessory structures. Lot 101-RH is within the RA- S-2 zone district (2-acre minimum zone), and referred to as Assessor's Book, Page, and Parcel No. 7569 -012 -011. The General Plan Land Use designation for this property is Very Low Density Residential 2+ Net Acres per Dwelling Unit. Section 6. The subject site is presently occupied by one single-family residential structure at the eastern portion of the property at 20 Upper Blackwater Canyon Road and accessory uses. The remainder of the lot is presently vacant with minimal vegetation. The site is surrounded by other single-family dwellings on 2+ acre size lots on all four sides within the City of Rolling Hills. The zone designation for the subject site as well as on adjacent properties is RA-S-2. Section 7. The Rolling Hills Community Association (RHCA) Board of Directors reviewed and approved the subject subdivision on July 17, 2003, subject to dedication and recordation of easements. The RHCA did not require additional roadway easements along the three streets that this parcel is abutting. Section 8. Title 16 of the Rolling Hills Municipal Code governs subdivisions. Pursuant to Section 16.12.110 of Title 16, Subdivisions, of the Rolling Hills Municipal Code, the Planning Commission is the advisory agency for review of a Tentative Tract/Parcel Map and the Commission is to make its recommendations to the City Council upon completing evaluation of all environmental proceedings pursuant to the local guidelines implementing the California Environmental Quality Act (CEQA). Section 9. The Planning staff prepared an initial study for the project on October 20, 2005. The initial study found that the project would not have a significant effect on the environment if certain measures were included in the project. The Negative Declaration was prepared with those mitigation measures and was circulated to the applicant and other interested parties in accordance with State of California CEQA Guidelines. The public notice of the Planning Commission's intent to recommend approval of the Negative Declaration was published. Copies of the Negative Declaration were sent to adjacent cities and other government agencies. No comments from any agency or person(s) were received. Section 10. The City Council has reviewed the proposed Negative Declaration and finds that it represents the independent judgment of the City and that it was prepared in compliance with CEQA. Therefore, the City Council finds there will not be a significant effect in this case on the environment because mitigation measures have been added to the project, and are incorporated herein by reference. Based upon these findings, the City Council adopts the mitigated Negative Declaration in accordance with the California Environmental Quality Act. TPM NO. 27078 2 Kazarian 5/08/06 • Section 11. Pursuant to Section 16.12.150 of the Rolling Hills Municipal Code, a tentative shall be rejected under certain conditions. Based upon substantial evidence presented to the Planning Commission and City Council during the public hearings referenced in Sections 2 and 3, including public testimony, and written and oral staff reports, the City Council finds as follows: A. The proposed vesting tentative subdivision map and the design and improvement of the proposed subdivision are consistent with the applicable General Plan, including but not limited to, the following goals and policies of the General Plan: 1. Maintain Rolling Hills' distinctive rural residential character (Land Use Element, p. 15) by creating a subdivision meeting the minimum lot size standard that will allow significant portions of the parcels to remain undeveloped thereby maintaining scenic vistas, and allowing ample area for equestrian uses. 2. Accommodate development which is compatible with and complements existing land uses (Land Use Element, p. 15) by creating a subdivision with lots that are greater than the minimum lot size and allowing significant portions of the parcels to remain undeveloped, preserving the City's easements and open space system, and preserving significant areas of scenic vistas. 3. Accommodate development that is sensitive to the natural environment. There are no environmental or geological hazards on the property. (Land Use Element, p. 16). 4. Conserve and enhance the City's natural resources, facilitating development in a manner which reflects the characteristics, sensitivities and constraints of these resources (Open Space and Conservation Element, p. 15) by creating a subdivision with lots that are greater than the minimum lot size. B. The site is physically suitable for the proposed density and type of development. The proposed use, density, and proposed subdivision improvements are permitted in the RA-S-2 zone. The RA-S-2 Zone requires that the minimum lot size be 2 acres net. The project has 8.45 acres and creates lots with the following dimensions: Parcel 1 is proposed to be 4.33 acres gross and 3.18 acres net; Parcel 2 is proposed to be 4.12 acres gross and 3.23 acres net. C. The design of the subdivision or the proposed improvement is not likely to cause substantial environmental damage; or substantially and avoidably injure fish or wildlife or their habitat, because the property is within an area of the City, designated for development and the City's development criteria will insure that any fish, wildlife, or sensitive habitats on the property are adequately protected. The initial study prepared for the project did not identify the site as TPM NO. 27078 Kazarian 5/08/06 3 • • containing unique or sensitive environmental qualities and threatened, rare or endangered plant species. D. The design of the subdivision or type of improvements is not likely to cause serious public health problems because conditions of approval have been applied to the project to require compliance with applicable codes and ordinances designed to protect public health and safety. E. The design of the subdivision or type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. The existing roadway easements will be maintained by this project and adequate access will be provided to each parcel and adjacent parcels. In addition, each parcel created as part of this subdivision will contain perimeter easements providing access for roads, trails, and public utilities. As a condition of approval, these easements will be recorded in deeds prior or in conjunction with the approval of the final map, to the satisfaction of the City Engineer. F. The proposed subdivision will not adversely affect the housing needs of the region. G. The future use, when constructed, will be in substantial compliance with the provisions of the Residential Development Standards in the Rolling Hills Zoning Ordinance, as it will be subject to a Site Plan Review process. H. The proposed subdivision is in compliance with the 40% maximum disturbed area requirement contained in Section 17.16.070(B) of the Zoning Ordinance. I. The future use will be compatible with other existing residential development in the immediate area. J. The tentative map design provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible because the project is designed with lots of adequate dimensions to maximize the opportunities for passive and natural heating and cooling. K. The tentative map does not propose to divide land, which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, because the property in question has not been included in any such contract. L. Pursuant to Section 66474.6 of the Government Code (Subdivision Map Act), the discharge of waste from the proposed subdivision into proposed septic systems will not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board, because the subdivider is required to comply with all Conditions of Approval regarding waste disposal as required by the Health Department. TPM NO. 27078 Kazarian 5/08/06 4 • • M. Pursuant to the Rolling Hills Municipal Code Section 16.12.155, this Vesting Tentative parcel Map is consistent with and does not impact the County of Los Angeles Hazardous Waste Management Plan. The project will not generate any hazardous waste. N. The pad size and location, driveway location and anticipated grading quantities shown on the Tentative Parcel Map are illustrative only, and not a part of the Map approval. All are subject to review and revision through Site Plan Review process, and subject to all other applicable requirements of the Zoning and Building Ordinances. This approval does not guarantee any rights to the subdivider to improve Parcel No. 2 as depicted on the parcel map. Section 12. Pursuant to the Rolling Hills Municipal Code Section 16.12.130, the City Council grants the following modification to the Subdivision Ordinance for this project, which is determined to be warranted because of the size and number of resulting parcels of the proposed division of land and the existing physical conditions in the area: A. Roadway Easement along Pine Tree Lane: The Rolling Hills Municipal Code Section 16.16.090 requires that easements or right -of way for all streets shown on any map shall be not less than 60 feet in width. Currently Pine Tree Lane roadway easement along the proposed subdivision is 50 feet wide. Most of the side residential streets in the City have a roadway easement of 50 feet or less. The Rolling Hills Community Association (RHCA) upon approval of this subdivision did not require additional easements or require that the property owners along Pine Tree Lane widen the road. Pine Tree Lane is a pre-existing and developed street. In the past it has been established through several subdivisions approved northwest of subject project along Pine Tree Lane, that the paved, drivable area of the roadway be 18 feet in width. It is not practicable to require additional roadway easement on one side of the street, if the paved area is not planned to be widened and the Rolling Hills Community Association did not require additional roadway easement. Section 13. Based upon the foregoing findings, the City Council approves Vesting Tentative Parcel Map No. 27078 Subdivision No. 90 in Zoning Case No. 717, (attached hereto as Exhibit A), a request for a two (2)-lot subdivision of land, subject to the following conditions: GENERAL CONDITIONS: 1. This Tentative Map shall expire two (2) years from the date of City Council approval. The Tentative Map was approved on and shall expire on the following dates: TPM NO. 27078 Kazarian 5/08/06 APPROVAL DATE: May 8, 2006 EXPIRATION DATE: May 8, 2008 5 • This approval shall become null and void if a final map has not been timely filed prior to the expiration date or any extension granted pursuant to Condition No. 2 below in accordance with provisions of the Subdivision Map Act. 2. Pursuant to the Subdivision Map Act, an extension of time to the expiration date may be granted by the City Council upon submittal of a formal application, the required fee and exhibits at least forty (40) days prior to expiration of the map. 3. This Tentative Parcel Map is granted for all boundary lines, easements, rights -of -way, and construction of off -site improvements as shown on the map labeled Exhibit A, dated April 19, 2006, as modified by the Conditions of Approval. 4. This Tentative Parcel Map approval is subject to all applicable requirements of the State of California, the County of Los Angeles, the City of Rolling Hills, any other affected governmental entities, and the requirements of the Rolling Hills Community Association. The duty of inquiry as to such requirements shall be upon the subdivider. 5. The subdivider shall comply with all the requirements of the Rolling Hills Municipal Code, and all requirements of the City of Rolling Hills ordinances, resolutions, engineering standards and other applicable standards, that are in effect at the time that subdivision improvement permits are issued for the development. 6. The applicant shall obtain approval of, and all required permits from, the Rolling Hills Community Association for all of the subdivision improvements affecting easements, roads, and trails. 7. In accordance with Chapter 1706 of the California State Statutes of 1990, the applicant shall pay any required fee, along with the required processing fee, to the City of Rolling Hills and County Clerk for remittance to the State Department of Fish and Game. This approval shall not be valid and effective unless and until the fee(s) have been paid and the Notice of Determination has been filed. 8. The applicant shall pay all fees at the time fees are determined to be applicable and comply with all requirements of the applicable Federal, State and Local agencies, including, but not be limited to the following: Los Angeles County Sanitation District Los Angeles County Consolidated Fire District California Water Service Company Palos Verdes Peninsula Unified School District Department of Health Services City of Rolling Hills, Quimby Act fees TPM NO. 27078 Kazarian 5/08/06 6 i • 9. Coordination with utility companies by the applicant's engineer during design shall be required in order to ensure that required public improvements are not in conflict with existing or proposed utilities. 10. The applicant shall comply with all requirements of the Congestion Management Plan for the County of Los Angeles and any related City of Rolling Hills requirements. 11. The applicant 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 subdivision, including but not limited to any approval or condition of approval of the City Council, Planning Commission or Planning Director, which action is brought within the time period provided for in Government Code Section 66499.37. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the subdivision 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. 12. In lieu of establishing the final specific locations of structures on the undeveloped lot, the owner, at the time of issuance of a grading or building permit, agrees to develop the property in conformance with the City and County of Los Angeles Codes, other appropriate ordinances and the conditions of this Resolution. Improvements and other requirements may be imposed pursuant to such codes and ordinances. 13. The pad size and location, driveway location and anticipated grading quantities shown on the Tentative Parcel Map are illustrative only, and not a part of the Map approval. All are subject to review and revision through Site Plan Review process, and subject to all other applicable requirements of the Zoning and Building Ordinances. This approval does not guarantee any rights to the subdivider to improve Parcel No. 2 as depicted on the parcel map. 14. When exhibits and written conditions of approval are in conflict, the written conditions shall prevail. 15. Any action challenging the final decision of the City Council made as a result of the public hearing on this application must be filed within the time limits set forth in Section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure Section 1094.6. *** THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO THE STAMPING OF THE TENTATIVE VESTING PARCEL MAP FOR CONDITION COMPLIANCE: TPM NO. 27078 7 Kazarian 5/08/06 • • Planning 16. The Tentative Parcel Map shall be drawn to a scale of one inch to one hundred feet unless otherwise required and approved by the City Engineer. 17. The Tentative Map shall, at a minimum, show: a. The parcel numbers; b. Sufficient legal description of the land as to define the boundaries of the proposed tract; c. Name and address of the subdivider and of the registered engineer or licensed surveyor who has done or will do the survey work required to be done by Title 16 of the Rolling Hills Municipal Code; d. Locations, names and existing widths of all adjoining streets or roads and a statement as to their character as being public or private; e. The width and grades of all existing and proposed roads within such proposed subdivision, and the direction of drainage and proposed disposition of water; f. The widths and locations of all existing and proposed roads and easements, whether public or private, for drainage, bridle trails, sanitary and storm sewers, or public utility purposes; g. The radii of all curves on streets or other easements; h. The lot layout and the dimensions of each lot; i. The location of a building pad that has a minimum 12,000 square foot graded area, the location of a four hundred -fifty square foot stable area, and a five hundred -fifty square foot corral area. The grade of access to the building pad shall not be greater than twelve percent, unless otherwise approved by the Planning Commission and to the stable area not greater than twenty-five percent; j. If applicable, the approximate locations of all areas subject to inundation of stormwater overflow, or geological hazard, which areas shall be marked "Subject to Flooding" or "Subject to Geological Hazard" and the locations, widths and directions of flow of all watercourses and / or swales. k. The approximate location and size of all existing and proposed water mains within and adjacent to such proposed parcels; TPM NO. 27078 Kazarian 5/08/06 8 • • 1. The approximate location and size of all existing and proposed fire hydrants within the proposed parcel map, which shall be placed at intervals of not more than eight hundred feet; m. Proposed method of sewage disposal; n. Proposed use of each lot; o. Approximate contours at five-foot vertical intervals, except where the slope is in excess of thirty degrees, in which case the vertical interval between approximate contours shall be twenty feet, and where grading is proposed, engineering data shall show the approximate finished grading; p. Proposed balanced cut and fill grading amounts. q. Proposed public areas, if any; r. Date, north point and scale; s. Number for each proposed lot; t. Approximate location and type of each tree within the proposed building pad area, and an indication as to which trees are to be removed; u. Approximate location and outline to scale of each existing building or structure within the proposed subdivision, which will not be removed or demolished in the development of the subdivision; v. Existing zoning both as to land use and area requirements; w. If applicable, delineate restricted use areas, approved by the consultant geologist and/or soils engineer, to the satisfaction of the Geology and Soils Sections, and dedicate to the City the right to prohibit the erection of buildings or other structures within the restricted areas. x. If it is impossible or impracticable to place upon the tentative map any matter required in this section, such matter or information shall be furnished in a written statement, which shall be appended to and submitted with such map. 18. There shall be filed with the vesting tentative map a geological report prepared by a registered engineering geologist, as required by the Business and Professions Code of the State, showing the geological characteristics of the proposed lots in the proposed subdivision, and confirming that a building site can be developed on the lot which is free of geological hazard. Said report and the conclusions contained therein shall be approved by the City Engineer, and may be subject to the provisions of Chapter 16.36 of the Rolling Hills Municipal Code. TPM NO. 27078 9 Kazarian 5/08/06 • • 19. The Tentative Vesting Parcel Map shall comply with all provisions of the City Subdivisions Code and Zoning Ordinance, induding but not limited to the area requirements and subdivision development standards of the RA-S-2 Zone requiring a minimum parcel standard of 2 net acres per lot unless otherwise provided herein. 20. The subdividers shall submit evidence to the satisfaction of the City Engineer that they are the owners of the property shown on the Tentative Vesting Map as proposed for subdivision. 21. The Vesting Tentative Parcel Map shall show the easements as approved by the Rolling Hills Community Association, including the approved 25-foot roadway easement along Pine Tree Lane. 22. The Vesting Tentative Parcel Map shall demonstrate a driveway approach to the proposed lot (Parcel 2) that has a radius curve between 15 and 25 feet in width at each side of the driveway approach to accommodate vehicle entering and existing the property, and a driveway, which is a minimum of 20 feet wide dear to the sky. 23. The Vesting Tentative Parcel Map shall show that parcel lines extend to the center of private and future streets. 24. The Vesting Tentative Parcel Map shall provide that all utility lines currently serving, or which will serve the parcels shall be placed underground to the satisfaction of the City. 25. The Vesting Tentative Parcel Map shall show 18 feet of paved access on Pine Tree Lane. *** THE FOLLOWING CONDITIONS SHALL BE COMPLETED PRIOR TO OR IN CONNECTION WITH RECORDATION OF THE FINAL MAP: Planning City Engineer / Superintendent of Streets Land Development Division - Road Department Soils / Geology Division Fire Department Health Department 26. The subdivider shall dedicate land or pay a fee in lieu thereof for purposes of park and recreational facilities (Quimby Act) in accordance with the Subdivision Map Act. 27. Utility lines, including but not limited to electric, communications, and cable television, shall be placed underground prior to receiving final map approval from the City Council. The subdivider shall be responsible for complying with this requirement, and shall make the necessary arrangements TPM NO. 27078 10 Kazarian 5/08/06 • • with the utility companies for the installation of such facilities. All appurtenant and associated equipment such as, but not limited to transformers, meter cabinets and other facilities shall be placed underground, unless the affected utility company determines that placement of its facilities underground is not technically feasible. The subdivider may request a waiver from this requirement, by providing a letter to the City from the utility companies explaining the reason(s) why the undergrounding of the appurtenant facilities is not feasible. 28. Letters shall be provided from all utility companies having jurisdiction for utilities that are to be undergrounded, including but not limited to electrical, telephone and cable television, which serve or are proposed to serve the two parcels created by this Vesting Tentative Map stating that the required undergrounding work has been completed. 29. All other required improvements shall be completed. If such improvements, other than undergrounding of utilities, are not completed before a final map is approved, the subdivider shall enter as contractor into an agreement with the City to complete the improvement no later than thirty-six months after recording the final map or such other time as determined by the City Council at the time the final map is approved. 30. Access shall comply with Title 21 (County of Los Angeles Subdivision Code) and Section 902 of the Fire Code, which requires all weather access. All weather access may require paving. 31. Prior to the recordation of the final map easements shall be granted to the Rolling Hills Community Association for the purpose of ingress, egress, construction and maintenance of all infrastructure constructed as roadways, trails, and utility access and proof of the dedication shall be submitted to the satisfaction of the City Engineer. City Engineer/Superintendent of Streets and Development Division 32. In accordance with Section 21.36.010(c) of the County's Subdivision Ordinance a deposit is required to review documents and plans for final map clearance. 33. Details and notes shown on the tentative map are not necessarily approved. Any details or notes which may be inconsistent with requirements of ordinances, general conditions of approval, or City policies must be specifically approved by the City. Otherwise all such inconsistent details and notes or ordinance requirements shall be corrected to conform to these conditions and ordinance requirements that were in effect at the time that this vesting tentative map was approved by the City of Rolling Hills. 34. All easements required as part of the approval of Tentative Parcel Map No. 27078 are tentative and subject to review and approval by the City Engineer to determine the final locations and requirements. TPM NO. 27078 Kazarian 5/08/06 11 • 35. Show Portuguese Bend Road, Upper Blackwater Canyon Road and Pine Tree Lane as private and future streets on the final map. Show 40 feet right of way from existing centerline on Portuguese Bend Road, show 30 feet from existing centerline on Upper Blackwater Canyon Road and show 25 feet from centerline on Pine Tree Lane. 36. Easements shall not be granted or recorded within areas proposed or required to be granted, dedicated, or offered for dedication for public streets, access rights, building restriction rights, or other easements until after the final map is filed with the County Recorder. If easements are granted after the date of tentative approval, the easement holder prior to the filing of the final map shall execute subordination. 37. Locate and show all trails outside of the road right of way. • 38. In lieu of establishing the final specific locations of structures on Parcel 2 at this time, the owner, at the time of issuance of a grading or building permit, agrees to develop the property in conformance with the Rolling Hills Municipal Code and other appropriate ordinances such as the Building Code, Plumbing Code, Grading Ordinance, Mechanical Code, Zoning Ordinance, Undergrounding of Utilities Ordinance, Water Ordinance, Sanitary Sewer and Industrial Waste Ordinance, Electrical Code, and Fire Code. Improvements and other requirements may be imposed pursuant to such codes and ordinances. 39. If the relationship of existing buildings/ sewage disposal components to the new parcel lines creates conditions that do not comply with the Building Code/Plumbing Code/Zoning Ordinance, these non -complying conditions shall be corrected or the parcel lines relocated prior to the division of land to the satisfaction of the City Engineer. 40. The final map shall delineate the distances from the proposed parcel lines to all existing buildings, which will remain after the division of land. If such distances do not conform to the requirements set forth in Building Code Chapters 5, 18, 19 and 21 or City of Rolling Hills Zoning Ordinance requirements, the proposed parcel lines shall be relocated or the non -complying conditions of the buildings shall be corrected prior to the division of land. 41. All easements existing at the time of final map approval shall be delineated on the approved tentative map and shall include the location, owner, purpose, and recording reference for all existing easements. If an easement is blanket or indeterminate in nature, a statement to that effect shall be shown on the tentative map in lieu of its location. If all easements have not been accounted for at the time of final recordation, the subdivider shall submit a corrected final map, which accurately delineates all existing easements subject to review and approval by the Planning Department and the City Engineer. 42. The subdivider shall grant ingress/egress and utility easements to the public over the private and future streets. TPM NO. 27078 Kazarian 5/08/06 12 • • 43. The final map shall extend parcel lines to the center of private and future streets. 44. Lot lines shall be nearly radial or perpendicular to street right of way in the City. 45. The final map shall be processed through the City Engineer prior to being filed with the County Recorder. 46. Prior to submitting the Tentative Map to the City Engineer for examination pursuant to Section 66450 of the Government Code, the subdivider shall obtain clearances from all affected Departments and Divisions, including without limitations a clearance, from the Subdivision Mapping Section of the Land Development Division of the Department of Public Works for the following mapping items: mathematical accuracy; survey analysis; and correctness of certificates, signatures, etc. 47. A preliminary guarantee shall be provided if signatures of record title interests appear on the final map. A final guarantee will be required. If said signatures do not appear on the final map, a title report/ guarantee is needed showing all fee owners and interest holders and this account shall remain open until the final parcel map is filed with the County Recorder. 48. The subdivider shall enter into an agreement with the City franchise cable TV operator to permit the installation of cable in a common utility trench. Land Development Division - Water Ordinance Subunit Fire Department 49. Water mains shall be designed to meet or exceed the total flow requirements determined for domestic flow and fire flow for this development. The subdivider's engineer to the satisfaction of the City Engineer shall calculate required domestic flow. Fire flow shall be determined by the Los Angeles County Fire Department as follows: a. The required fire flow for public fire hydrants at this location is 1250 gallons per minute at 20 psi for duration of 2 hours, over and above maximum daily domestic demand. One hydrant flowing simultaneously shall be used to achieve the required fire flow. b. Upgrade to the fire hydrant shall not be necessary if existing hydrant(s) meet(s) fire flow requirements. An original water availability form shall be submitted to the Los Angeles County Fire Department. c. All hydrants shall measure 6" x 4" x 2-1 / 2" brass or bronze, conforming to current AWWA standard C503 or approved equal. All hydrants shall be installed a minimum of 25 feet from a structure or protected by a two (2) hour rated firewall. TPM NO. 27078 13 Kazarian 5/08/06 d. Hydrants shall be protected by bollards to the satisfaction of the Fire Department. 50. All new residences on subject parcels shall be fully fire sprinklered in accordance with NFPA Standards. Prior to final map clearance the applicant shall provide an Exhibit or information map complying with noted conditions. 51. All required fire hydrants shall be installed, tested and accepted by the Los Angeles County Fire Department or bonded for prior to final map approval. 52. The plans and specifications for the water delivery system shall be submitted for approval to the responsible water purveyor prior to final approval of this map by the City Engineer. Where water system facilities have not been installed prior to filing this map with the City Engineer for final approval, but were required, the subdivider shall submit a Labor and Materials security in addition to one of the following: a. An agreement and Faithful Performance security in the amount approved by the City Engineer to be sufficient to guarantee installation of the improvements; or b. An agreement and evidence satisfactory to the City Engineer showing that the subdivider has entered into a contract with the serving water utility for establishing a security guaranteeing payment for the installation of the improvements. 53. The subdivider shall file with the City Engineer a statement from the water purveyor indicating that the water system will be operated by the purveyor and that under normal operating conditions, the system will meet the requirements for the land division, and that water service will be provided to each parcel. SOILS / GEOLOGY 54. The final map shall be approved for drainage. 55. The final map shall be approved by the Geology and Soils Sections to assure that all geologic factors have been properly evaluated. 56. No onsite development is proposed for this tentative parcel map. 57. The final map shall delineate restricted use areas, if any, approved by the consultant geologist and/or soils engineer, to the satisfaction of the Geology and Soils Sections, and the subdivider shall dedicate to the City the right to prohibit the erection of buildings or other structures within the restricted use areas. TPM NO. 27078 Kazarian 5/08/06 14 Health Department 58. Where public sewers are not available, and where private sewage systems will be utilized, the subdivider shall perform percolation tests in accordance with the City Health Officer and shall submit the results of said percolation tests to the City Engineer subject to review and approval by the City Health Officer. 59. The existing on -site sewage disposal system located on Parcel 1 shall be evaluated to insure adequacy if proposed as the means of sewage disposal for any building' construction and/or addition that may result' in exceeding the capacity that was initially intended to accommodate. The existing buildings and sewage disposal system shall be clearly illustrated to indicate all setback requirements. 60. The subdivider shall obtain a "will serve" letter from the California Water Service Company. Domestic water shall be supplied to the subject property. THE FOLLOWING CONDITIONS SHALL BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 61. All conditions of this approval, specified above, shall be complied with to the satisfaction of the City. 62. No building or grading permits shall be issued for construction until Site Plan Review approval has been granted by the Planning Commission for the construction of single family residences on either of the proposed parcels. The Planning Commission may limit the size and location of the building pad, finished floor heights, building heights, landscaping type and heights, and grading to preserve scenic resources for each individual homesite under the discretionary Site Plan Review process. During the discretionary process the Planning Commission may also require that scenic vistas be preserved and may make a decision as to which trees may remain and which should be removed. The Architectural Committee of the Rolling Hills Community Association shall also review the project. 63. The pad size and location, driveway location and anticipated grading quantities shown on the Tentative Parcel Map are illustrative only, and not a part of the Map approval. All are subject to review and revision through Site Plan Review process, and subject to all other applicable requirements of the Zoning and Building Ordinances. This approval does not guarantee any rights to the subdivider to improve Parcel No. 2 as depicted on the parcel map. 64. Where driveways extend further than 300 feet and are of single access design, turnarounds suitable for fire protection equipment use shall be provided, to the satisfaction of the Fire Department. Turnarounds shall be TPM NO. 27078 Kazarian 5/08/06 15 designed, constructed and maintained to insure their integrity for Fire Department use. 65. A geology and / or soils engineering report shall be required prior to approval of building or grading plans. 66. A full feasibility percolation study is necessary before construction permits are issued and building begins. 67. Prior to issuance of a grading/building permit for each of the parcels, a biological assessment shall be prepared by a City approved qualified biologist/ horticulturist or landscape professional. The biological assessment shall include a description of all significant plant and animal life on the lot being developed, along with recommendations for preservation, mitigation or relocation of such resources. The developer shall incur the cost for preparation of the biological assessment and shall comply with mitigation measures recommended in the biological assessment, as approved by the City. 68. In the event that subsurface material of an archeological, paleontological or other cultural resource is encountered during project grading or development, all grading and construction shall cease in the immediate area, and the find shall be left untouched until a qualified professional archeologist or paleontologist, which ever is appropriate, is called in to evaluate the find and makes recommendation as to disposition, mitigation or salvage. The developer shall incur the cost of such professional investigation. The developer shall comply with the mitigation measures recommended and approved by the City for the disposition, mitigation or salvage of such material. 69. Sanitary sewers are not available and the parcels shall be dependent upon the use of individual, private sewage disposal systems and shall be designed in compliance with the Los Angeles County Health Codes and Building and Safety Codes. 70. If, because of future grading, or for any other reason, it is found that the requirements of the Plumbing Code cannot be met on any of the proposed lots, the Department of Health Services shall recommend that no building permit be issued for the construction of homes on such parcels. 71. In addition to the Department of Health Services, the method of sewage disposal shall be reviewed and approved by the California Regional Water Quality Control Board, Los Angeles Region. 72. The size of the dwelling may be limited by the size of the private sewage disposal system that can legally be installed on each lot. 73. The installation and location of private sewage disposal systems shall be contingent on the requirement of the Engineering Geology Division of the Los Angeles County Department of Public Works. TPM NO. 27078 Kazarian 5/08/06 16 74. Prior to issuance of building permits plans must be approved to: a. Eliminate the sheet overflow, ponding and protect the lots from high velocity scouring action. b. Provide for contributory drainage from adjoining properties. c. Provide for the proper distribution of drainage. d. Comply with NPDES and SWMP requirements, if applicable. e. Comply with standard Urban Stormwater Mitigation Plan (SUSMP) requirements, if applicable. 75. The grading plan shall utilize land form or contour grading techniques in its design so as to create slopes that blend with the natural horizontal and vertical contours of the existing terrain and in no case shall cut and fill slopes be steeper than the City of Rolling Hills standard of 2 to 1 slope ratio. 76. The subdivider shall provide water mains, fire hydrants, and fire flows as required by County Forester and Fire Warden for each parcel. 77. Fire Department access, if required, shall be extended to within 150 feet distance of any exterior portion of all structures. 78. Fire Sprinklers are required for structures on Parcel 2. 79. Vehicular access shall be provided and maintained serviceable throughout construction to all required fire hydrants. All required fire hydrants shall be installed, tested and accepted prior to construction. 80. The building pad areas shall be capable of providing parking for excess vehicles. THE FOLLOWING CONDITIONS SHALL BE COMPLETED IN CONJUNCTION WITH FINAL BUILDING CONSTRUCTION: 81. Water service to the existing building must be on the same lot as the building it serves. Water service to any development on Parcel 2 must be on the same lot as the building it serves. 82. The property owners shall be required to conform to South Coast Air Quality Management District, Los Angeles County and local ordinances and engineering practices during construction by using dust control measures to TPM NO. 27078 Kazarian 5/08/06 17 • stabilize the soil from wind erosion and reduce dust generated by construction activities. Said dust control measures shall include at a minimum, the following: 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 Building Department and the South Coast Air Quality Management District (SCAQMD). This Plan, at minimum, shall address compliance with SCAQMD Rule 403, including: - Regular site watering - Application of soil stabilizers to inactive graded areas - Covering and / or washing of transport trucks leaving the site - Periodic street cleaning of public roads adjacent to the site. B. A High Wind Response Plan in accordance with Rule 403 of the SCAQMD shall be developed and implemented at times when wind speeds exceed 25 mph to reduce PM10 emissions. The High Wind Response Plan shall be developed and implemented before commencement of grading activities, subject to review and approval of the City Building Department and the SCAQMD. C. Stockpiles of soil, sand and similar materials shall be stabilized by being enclosed, covered, watered twice daily, or with application of non -toxic soil binders. Construction Equipment Exhaust A. 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 compliancewith this measure. The project shall be subject to periodic inspections by City Building Inspectors during all construction activities. B. The project shall comply with Rule 461, which establishes requirements for vapor control from the transfer of fuel from the fuel truck to vehicles both during construction and subsequent operations. 83. An Erosion Control Plan containing the elements set forth is Section 7010 of the 2002 County of Los Angeles Uniform Building Code shall be prepared subject to the review and approval of the City Engineer to minimize erosion and to protect slopes and channels to control stormwater pollution as required by the County of Los Angeles. 84. Any proposed private driveway for Parcel 2 shall be reviewed by the Traffic Commission and Fire Department. 85. Vehicular access must be provided and maintained serviceable throughout construction to all required fire hydrants. TPM NO. 27078 18 Kazarian 5/08/06 86. 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. No construction activity shall be permitted on Sundays or nationally recognized holidays. 87. The property owners shall be required to conform with the Regional Water Quality Control Board and County Health Department requirements for the installation and maintenance of septic tanks. 88. 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. 89. The property owners shall be required to conform to the Regional Water Quality Control Board and County Public Works Department Best Management Practices (BMP's) related to solid waste. 90. The property owners shall repair any broken or damaged pavement on streets within or abutting the subdivision. 96. The property owners shall provide City, Fire Department and Rolling Hills Community Association approved building address number prior to occupancy. 97. Conditions 1 through 25 shall be met prior to the stamping of the tentative map for condition compliance. 98. Conditions 26 through 60 shall be completed prior to or in conjunction with recordation of the final map of any phase. 99. Conditions 61 through 80 shall be completed prior to issuance of building permits. 100. Conditions 81 through 96 shall be completed in conjunction with final building construction. APPROVED AND ADOPTED THIS 8th DAY OF MAY 2006. ATTEST: TPM NO. 27078 Kazarian 5/08/06 19 B. ALLEN LAY, MAYOR MARILYN L. KERN, DEPUTY CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) BB CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 1003 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF VESTING TENTATIVE PARCEL MAP NO. 27078, SUBDIVISION NO. 90, A REQUEST TO SUBDIVIDE A 8.45 ACRE EXISTING LOT, DEVELOPED WITH ONE RESIDENTIAL UNIT AND ACCESSORY STRUCTURES, INTO TWO SINGLE FAMILY RESIDENTIAL THROUGH LOTS, LOCATED ALONG UPPER BLACKWATER CANYON ROAD AND PINE TREE LANE, IN ZONING CASE NO. 717. (KAZARIAN). was approved and adopted at a regular meeting of the City Council on May 8, 2006 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 TPM NO. 27078 Kazarian 5/08/06 20 DEPUTY CITY CLERK RESOLUTION NO. 1076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE AND GRANTING A REQUEST FOR VARIANCES TO EXCEED THE MAXIMUM PERMITTED DISTURBED AREA OF THE LOT AND TO CONSTRUCT A STABLE AND CORRAL IN THE FRONT YARD IN ZONING CASE NO. 767, AT 0 PINE TREE LANE, (LOT 101-2-RH), (TURPANJIAN). PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM TIIE CALIFORNIA ENVIRONMENTAL QUALITY ACT. THE CITY COUNCIL DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application was duly filed by Mr. and Mrs. Jerry Turpanjian with respect to real property located at 0 Pine Tree Lane (Lot 101-2-RH), Rolling Hills, CA., for a Site Plan Review for grading and construction of a 9,590 square foot residence with 1,460 square foot garage, 950 square feet of covered porches, 828 square foot porte-cochere, 1,618 square feet of trellises, 96 square foot service yard; 629 square foot swimming pool, 50 sq.ft. barbecue area, 64 square foot pool equipment area, and a 750 square foot stable with corral. The maximum height of the residence is proposed to be 19.5 feet from the finished floor. Grading for this project will consist of 12,760 cubic yard of cut and fill. Also proposed is a 5-foot wall along the driveway for approximately 120 feet with a 3-foot wall along the remaining portion of the driveway, a parking area past the stable and combination of 2:1 and 3:1 slopes behind the building pad (north and north west side of the pad). No basement is proposed with this development. The application also includes request for Variances to locate the stable and corral in the front yard area of the lot and to exceed the maximum permitted disturbed area of the lot by 17.4%, whereas 40% maximum disturbed area is permitted. Section 2. The Planning Commission adopted Resolution No. 2009-07, on August 18, 2009 granting approval in Zoning Case No. 767. the vote was 3-1-0-1. Commissioner DeRoy dissented and Commissioner Smith was absent. Section 3. The City Council took this case under jurisdiction at the August 24 City Council meeting and conducted duly noticed public hearings on September 14, 2009, October 12, and at a field visit on October 9, 2009. 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 City Council having reviewed, analyzed and studied said proposal. The applicants and their representatives were in attendance at the hearings. Section 4. No neighbors came fonvard to either support or object to the project, although two neighbors attended the field trip. Section 5. The City Council 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 6. 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 grading and construction of a new residence, the City Council 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 lot coverage requirements, and specifically the coverage of the lot by structures is much less than the maximum permitted. Resolution No. 1076 ZC NO. 767 0 Pine Tree Lane 1 The net lot area of the lot is 138,081 square feet, (3.16 acres). The structural lot coverage of the net lot is proposed to 16,035 sq.ft. or 11.6% (excluding the barbecue), which is within the maximum 20% structural lot coverage requirement. The total lot coverage including all structures, paved areas and driveway will be 31,753 sq.ft. or 23.0% 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. 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 applicants propose to tuck the development in, so that it is not greatly visible from any of the surrounding streets and properties. 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 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 he screened and landscaped with trees and shrubs, is a 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 building pad, but will be lower, 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. The lot is over 3 acres (net) in size and the structures are not going to make the lot look overdeveloped. As indicated in Paragraph A, the lot coverage maximum set forth in the Zoning Code will not be exceeded. Several residences in the vicinity have been approved that are comparable in size. D. There is no native or sensitive vegetation on the property. A biological study of -the project site determined that only non-native grasses exist in the area of the site subject to grading and improvements and no remediation measures were recommended. The project will he screened from other properties and the road by introducing nwr ore plants, which is a part of this approval. E. The development plan follows to the maximum extent practicable contours of the site to minimize grading and retain the natural drainage courses. Grading for this project will involve 12,760 cubic yards of cut and fill, total and will be balanced on site. In order to screen the house from other properties and from the major streets the applicants propose to lower the pad. Extensive grading is required to construct access to the residence. Due to the configuration of the lot the building pad is situated towards the rear of the property, necessitating a long driveway. F. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles because the site is accessible from a fully developed street and no changes in circulation are anticipated. G. The project conforms to the requirements of the California Environmental Quality Act and is exempt. Section 7. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code permit approval of a Variance from the standards and requirements of the Zoning Ordinance when exceptional or extraordinary circumstances applicable to the property and not applicable to other similar properties in the same zone prevent the owner from making use of a parcel of property to the same extent enjoyed by similar properties in the same vicinity. Section 17.16.110 requires that the front yard setback he fifty (50) feet from the roadway easement line, and be unobstructed from the ground upwards. In order to construct the 750 square foot stable with 850 square foot corral in the front yard, the applicants arc seeking a Variance. With respect to this request for a Variance, the City Council finds as follows: A. There arc exceptional and extraordinary circumstances and conditions applicable to the property that do not apply generally to the other property or class of use in the same zone. Due to the shape of the lot the proposed residence will be located towards the rear of the property. The slope behind the proposed building pad is too extreme to place any structures. In addition the stable would have to be too close to the house and/or in the setback, which is not desirous. The existing residence has been developed towards the rear of the lot to garner the extraordinary views from the rear of the lot. There is not an adequate area in the rear to construct a future stable and corral without also requiring a variance or impairing the view. The topography of the lot together Resolution No. 1076 ZC NO. 767 0 Pine Tree Lane 2 with shape of the lot create difficulty in constructing the stable and corral elsewhere on the property. B. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, but which is denied to the property in question because due to the existing grade, narrow lot configuration at the front of the lot it would be a hardship to located the stable in the rear yard. In addition, the extraordinary view from the rear yard would be blocked from the house. The expansive open space in the front yard comfortably supports the stable. The narrow nature of the property places a hardship on locating the stable in the side or rear areas. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located because stables are encouraged to be constructed in the City, neighbors are used to seeing stables along streets in other parts of the City and this proposed stable would not affect anyone's views and therefore property value and would be screened from the street. D. In granting of the Variance the spirit and intent of the Zoning Ordinance will be observed in that the proposed construction will be orderly, attractive and shall protect the rural character of the community. As it is required by the Zoning Ordinance to either set aside an area fur a stable and corral or construct it, in this case the front yard construction is a suitable area. E. The Variance request is consistent with the General Plan of the City of Rolling Hills because the proposed structures comply with the General Plan requirement of low profile, low - density residential development with sufficient open space between surrounding structures and a set aside area for a future stable and corral or the construction of a stable and corral. Section 8. Sections 17.38.010 through 17.38.050 of the Code permit approval of a variance from the standards and requirements of the Zoning Ordinance when, due to exceptional or extraordinary circumstances applicable to the property and not applicable to other similar properties in the same zone, strict application of the Code would deny the property owner substantial property rights enjoyed by other properties in the same vicinity and zone. The applicant seeks a variance from the 40% maximum disturbed area standard set forth in Section 17.16.070 of the Rolling Hills Municipal Code. 79,217 square feet or 57.4% of the net lot area is proposed to be disturbed. With respect to this request for a Variance, the City Council finds as follows: A. There are exceptional and extraordinary circumstances and conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same zone. The Variance for the total disturbance is necessary because the unusual shape of the lot necessitates great amount of disturbance for the construction of the driveway. Due to the extreme slope in the rear of the lot it is not possible to construct a driveway from the rear. The shape of the lot with the very narrow frontage makes it difficult to meet the letter of the law. B. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity and zone, but which is denied to the property in question. The Variance is necessary because of the unusual shape of the lot. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. The project as conditioned by this Resolution will be adequately screened to prevent adverse visual impact to surrounding properties. A minor increase in the overall percentage of disturbed area on the lot will have no effect on the public welfare or on property or improvements in the vicinity. In granting the Variance, the spirit and intent of the Zoning Ordinance will be observed. The purpose of the Zoning Ordinance is to regulate development in an orderly fashion and in a manner consistent with the goals and policies of the General Plan. Approval of the variance will not impede any goals of the Zoning Ordinance or the General Plan. Rather, the variance will allow the property owner to enjoy the same rights and privileges afforded to other property owners in the vicinity. The overage requested is not substantial and does not undermine the spirit or intent of the Zoning Ordinance. Resolution No. 1076 ZC NO. 767 0 Pine Tree Lane 3 D. The variance does not grant special privileges to the applicant. To the contrary, absent a variance, the property owner would be deprived of the same rights and privileges afforded to other property owners in the vicinity. Unique circumstances applicable to the subject property make it infeasible for the property owner to comply with Section 17.16.070. E. The variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities. F. The variance request is consistent with the General Plan. The proposed project, together with the variance, will be compatible with the objectives, policies, general land uses, and programs specified in the General Plan. Section 9. Based upon the foregoing findings in Sections 6, 7 and 8, the City Council hereby approves the Site Plan Review application and Variances in Zoning Case No. 767 for grading and construction of a new residence, garage, and stable to be located in the front yard, as well as to exceed the maximum permitted disturbance on the lot, as shown on the Site Plan dated August 10, 2009 subject to the following conditions: A. The conditions of approval specified herein shall be printed on the Plans submitted to RIICA and to Building and Safety Department for plan check and on all subsequent plans. B. The Site Plan Review and Variances approvals 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 Sections 17.46.080(A) and 17.38.070(A) of the Rolling Hills Municipal Code, or the approval granted is otherwise extended pursuant to the requirements of those sections. C. It is declared and made a condition of the 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. D. All requirements of the Building and Construction Ordinance, the Zoning Ordinance, and of the zone in which the subject property is located must be complied with unless otherwise set forth in this approval, or shown otherwise on an approved plan. E. The lot shall be developed and maintained in substantial conformance with the revised site plan on file dated August 10, 2009 and cross sections dated July 21, 2009 and August 10, 2009. No basement is proposed with this development. F. The working drawings submitted to the Department of Building and Safety (either County or Engineering consultants), for plan check review must conform to the development plan approved with this application. In addition, prior to submittal of final plans to the Building Department for issuance of 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 City Council. G. Grading shall not exceed a total of 12,760 cubic yard of cut and fill and shall be balanced on site. Only excavated material including from the pool may be hauled away. H. Structural lot coverage shall not exceed 15,985 square feet or 11.6%, (excl. barbecue). I. Total lot coverage of structures and paved areas shall not exceed 31,753 square feet or 23.0% in conformance with lot coverage limitations. The turn around area of the driveway past the stable shall he of pervious material. J. The disturbance of the lot shall not exceed 79,217 square feet of surface area or 57.4%, as approved by this Variance. Resolution No. 1076 ZC NO. 767 0 Pine Tree Lane 4 K. Residential building pad coverage on the 47,2R6 square feet residential building pad shall not exceed 26.b% (not including portion of the covered porches, the trellis and b.itbccue). The stable pad shall he 1,950 square feet and have coverage of 38.5%. L. A minimum of four -foot level path and/or walkway, which does not have to he paved, shall be provided around the entire perimeter of the residence, garage and stable. M. Prior to issuance of grading or building permits, two sets of landscaping plans for ----?the graded areas shall be submitted to staff for review. The property shall he landscaped and screened from adjacent properties. Shrubs and trees for the entire property shall be planted in an offset manner, and in a sufficient distance from each other so that when mature would not create a hedge, but a see through screen. Any trees and shrubs planted in conjunction with this project or thereafter shall be of such species that at maturity shall not be higher than the ridgeline of the residence. N. The existing or like landscaping along the slope of Blackwater Canyon Road shall be maintained. Landscaping shall include water efficient irrigation that incorporates low gallonage irrigation system, utilizes automatic controllers, incorporates an irrigation design using "hydrozones," considers slope factors and climate conditions, and utilizes means to reduce water waste resulting from runoff and overspray. Refer to the Biological Resources Assessment study prepared by SWCA Environmental Consultants for this site (p. 19) for recommendations of suitable plants. O. Two copies of the landscaping and irrigation plan for the graded areas, residence and pool 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 priur to the issuance of a grading permit. —�,,I' A bond in the amount of the cost estimate of the implementation of the landscaping plan ?plus 15% shall he 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. 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. Per the recommendation of the Traffic Commission, the driveway shall he 20 feet wide with 24-foot apron with a radius that meets the 20-foot width approximately 6-feet hack from the paved roadway. The apron shall be roughened for equestrian passage. No curbing, walls, planting or architectural features, such as pilasters shall be constructed that would obstruct vehicular visibility exiting the driveway or obstruct equestrian activity in the easement. To aid drainage and soften the paved look, the driveway may have strips or edges of decorative pervious material. The turn around area past the stable shall be of pervious material. Q. The proposed walls alone the driveway may not exceed 5 feet at any one point and shall vary in height, as shown on the site plan dated August 10, 2009, from a 6 inch curb to five feet and shall be screened with landscaping to maximum extend practicable. R. The property owners shall be required to conform to the City of Rolling Hills and RHCA roofing material standards, Outdoor Lighting Standards and undergrounding of utility lines requirements, as well as all other requirements of the Municipal Code. S. The stable shall not exceed 750 square feet and may not have a loft. The floor of the stalls and the outside area immediately adjacent to the entrance of the stalls shall he covered with dirt or other animal friendly pervious surface. The stable shall not be converted to other uses. T. 50% of the demolition and construction materials must be recycled and diverted. The hauler must be licensed by the City and have all appropriate insurance. U. During and after construction perimeter easements and trails shall remain free and clear of encroachments including, but not be limited to, site development, fences -including construction fences, grading, landscaping, irrigation, drainage devices, play equipment, parked vehicles, building materials, debris and other equipment, unless otherwise approved by the RHCA. Resolution No. 1076 ZC NO. 767 0 Pine Tree Lane 5 V. No drainage device may be located in such a manner as to contribute to erosion or in any way affect an easement, trail or adjacent properties. The energy dissipaters shall be designed in such a manner as to not cross over any equestrian trails or easements. The drainage system(s) shall not discharge water onto a trail, shall incorporate earth tone colors, including in the design of the dissipater and shall be screened from any trail and neighbors views to the maximum extent practicable, without impairing the function of the drainage system. W. During construction, conformance with the air quality management district requirements, so that people or property are not exposed to undue vehicle trips, noise, dust, and objectionable odors shall be required, including but not be limited to the following: Fugitive Dust - 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 - 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. Construction Equipment Exhaust - Heavy construction equipment shall be properly tuned and maintained to reduce emissions. Construction equipment shall be fitted with the most modem emission control devices, subject to periodic inspections by City Building Inspector. - Provide temporary traffic controls such as a flag person, during the delivery of heavy equipment or building materials to maintain smooth traffic flow. - Use electricity from power poles rather than temporary diesel or gasoline power generators - No vehicles shall idle in excess of five minutes, both on -site and off -site. X. 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 FM, 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. Y. 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 the adjacent streets. All staging and parking shall be on the subject site, and if necessary adjacent roadway easements. Z. The contractors and subcontractors are to encourage their employees to car-pool into the City. AA. During grading/construction proper construction signs shall be installed along the street warning drivers of the construction. AB. The applicant shall submit a gcotechnical report for review and approval by the County of Los Angeles or City's Engineering consulting Geologist prior to issuance of a grading permit. Prior to the submittal of an applicable final grading plan 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. AC. Cut and fill slopes shall not exceed steepness as shown on the development plan, cross section- dated July 21 and site plan dated August 10, 2009. To the greatest extent practicable, effort should be made to create gentler slopes than 2:1, without exceeding disturbance of the lot. Resolution No. 1076 ZC NO. 767 0 Pine Tree Lane 6 AD. 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. AE. The applicant shall comply with grading requirements relative to submitting grading and construction reports on a bi-weekly basis, or as otherwise required by the Building and Grading Code. AF. The applicant shall comply with requirements for bonding for grading and all other requirements resulting from the review of the soils and geology reports. AG. The applicant shall submit and obtain approval of a drainage plan from the Building Official, prior to issuance of any grading permits and/or a building permit for new construction. Prior to the submittal of a final building plan to the Building Department for plan check, a detailed drainage plan that conforms to the development plan as approved by the City Council shall be submitted to the Rolling Hills Planning Department staff for review and approval. AH. During construction, an Erosion Control Plan containing the elements set forth in Section 7010 of the 2008 County of Los Angeles Building Code shall be followed to minimize erosion and to protect slopes and channels to control storrmvater pollution as required by the County of Los Angeles. Al. The property owners shall be required to conform to the Regional Water Quality Control Board and County Public Works Department requirements for the installation and post construction maintenance of stormwater drainage facilities. AJ. The property owners shall he required to conform to the Regional Water Quality Control Board and County Public Works Department Best Management Practices (BMPs) related to solid waste. AK. The applicant shall submit and obtain approval of a Local Storm Water Pollution Prevention Plan (SWPPP) to the City of Rolling Hills and the 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 Standard Urban Storm water Mitigation Plan (SUSMP) to the City of Rolling Hills and the Building Official, prior to issuance of any grading permits and/or a building permit for new construction. AM. 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. AN. 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 storm water pollution as required by the Code. AO. The project must be reviewed and approved by the Rolling Hills Community Association Architectural Review Committee prior to the issuance of grading or building permit. AP. Until the applicants execute and record an Affidavit of Acceptance of all conditions of this Site Plan Review and Variances approvals, as required by the Municipal Code, the approvals shall not be effective. AQ. All conditions of the Site Plan and Variances approvals, that apply, shall be complied with prior to the issuance of grading or building permit. AR. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills Municipal Code, any modification or addition to this project or to the property, may be constructed with approval by the Planning Commission. Resolution No. 1076 ZC NO. 767 0 Pine Tree Lane 7 AS. During the entire construction process. the property lines, casement lines and setback lines shall he staked, and the stakes kept in good condition along the front, along the north side property line and the rear. AT. No building permit for grading and/or construction for the stable shall be issued until grading and/or building permits have been obtained for the residence and work is ready to commence on the residence project. AU. The applicant shall pay all of the applicable Building and Safety and Public Works Department fees, including City's Parks and Recreation Fees and Palos Verdes Peninsula Unified School District fees for new residence. AV. Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in Section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure Section 1094.6 PASSED, APPROVED AND ADOPTED THIS 26th DOF OCTOI3L'j 2009. HEIDI LUCE, DEPUTY CITY CLERK Resolution No. 1076 ZC NO. 767 0 Pine Tree Lane 8 II / 2 MAS H EII i-Ir 1ER, MAYOR STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) ) §§ I certify that the foregoing Resolution No. 1076 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING ANI) CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE AND GRANTING A REQUEST FOR VARIANCES TO EXCEED THE MAXIMUM PERMITTED DISTURBED AREA OF THE LOT AND TO CONSTRUCT A STABLE AND CORRAL IN THE FRONT YARD IN ZONING CASE NO. 767, AT 0 PINE TREE LANE, (LOT 101-2-RII), (TURPANJIAN). PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. was approved and adopted at a regular meeting of the CITY COUNCIL on OCTOBER 26, 2009 by the following roll call vote: AYES: Councilmembers Hill, Lay, Mayor Pro Tem Pernell and Mayor Heinsheimer. NOES: None. ABSENT: Councilmember Black. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. OVAL", HEIDI LUCE DEPUTY CITY CLERK Resolution No. 1076 ZC NO. 767 0 Pine Tree Lane