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708, Construct a guest house, CorrespondenceBIKE DOOR GARDENS 803 Deep Valley Drive Rolling Hills Estates California 90274 310.377.1611 fax 310.377.1637 1 4MB JUL CITY OF ROLLING HILLS Thursday, July 10, 2008 Yolanta Schwartz City of Rolling Hills No. 2 Portuguese Bend Road Rolling Hills, CA 90274 Re: Landscaping Plan Review 25 Portuguese Bend Road (CHO) Dear Yolanta, Having read the conditions of the Cho slope redevelopment plan I find the plants well chosen and well placed on the plan. There was no irrigation plan included as stipulated. Call on me anytime CITY OFF ROLLING HILLS Approved PLANNIN EPARTMEJ( Date o`��NG HILIsc e ��, 9 LL 3 e'A OFt City ollellin9 July 7, 2008 Ms. Julie Heinsheimer Blue Door Gardens 803 Deep Valley Drive Rolling Hills Estates, CA 90274 SUBJECT: LANDSCAPING PLAN REVIEW 25 Portuguese Bend Road (CHO) Dear Julie: INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377.7288 Enclosed is a landscaping plan and report from SWCA on how to implement the landscaping plan per City's requirement that a qualified biologist prepare a plan for revegetation of lost native plants for a grading project at 25 Portuguese Bend Road. Please review the enclosed plan and report for compliance with Resolution No. 2007-18 landscaping conditions in Paragraphs M through P of the resolution. As always, thank you for your time in expertise. Si : rely, Y.` anta Schwartz, arming Director Printed on Recycled Paper ENVIRONMENTAL CONSULTANTS Sound Science. Creative Solutions. June 25, 2008 Pasadena Office 625 Fair Ooks Avenue, Suite 190 South Pasadena, CA 91030 Tel 626.240.0587 Fax 626.240.0607 www.swca.com Duk Hee Cho 25 Portuguese Bend Rolling Hills Estates, CA 90274 \\11\- cm/ 10 �UC1-i(�G` Ht s RE: City of Rolling Hills Conditions of Approval M-P for the Cho Property Development, Rolling Hills, California Dear Ms. Cho: In this letter, SWCA Environmental Consultants (SWCA) presents the results of actions taken to satisfy Conditions of Approval M-P set forth in a letter (Attachment 1) from the City of Rolling Hills (City) to the property owner, Mrs. Duk Hee Cho. It is our understanding that the Conditions of approval M-P are intended to ensure that the loss of 0.10 acres native and non-native vegetation resulting from the construction of a tennis court and a stable (project) is properly compensated for. The Cho property (Property) located at 25 Portuguese Bend Road, Rolling Hills Estates, Los Angeles County, California. This document details the results of vegetation monitoring and the preparation of the landscape plan developed by SWCA and Mrs. Deborah Richie-Bray, Richie-Bray, Inc. (Attachment 2). Vegetation Monitoring (Condition N). On April 16, 2008, I visited the property along with Mr. Doug McHattie from Bolton Engineering and Mrs. Richie-Bray. During this preliminary site visit, I assessed the site to review existing site conditions, to determine what plant species occur there, to determine suitability for revegetation, to determine native species suitable for revegetation efforts (Conditions M and P), and to discuss the development of the landscaping plan (Conditions M and 0). At the time of this visit, the native vegetation had been removed and all grading was complete. The landscape contractor, Mr. Todd Bennitt of Bennitt Design, will install the plant materials. Prior to the installation, he will notify SWCA so that a biological monitor can be present during the planting to inspect nursery stock for quality and overall plant health and to ensure that the Conditions are satisfied. Additionally, SWCA will consult with the City, as necessary, to ensure that the conditions are satisfactorily achieved. Landscaping plan (Condition M, 0, and P). As recommended by the City, SWCA and Richie-Bray, Inc. have prepared a detailed landscaping plan (Attachment 1). This plan details plant materials, planting specifications, and installation and maintenance guidelines recommended by SWCA and Richie-Bray, Inc. for this project. The area of revegetation includes 0.10 acres (4,356 square feet) which is concentrated along the slopes created r P ENVIRONMENTAL CONSULTANTS by the grading, located below the tennis court and the stable. Native plants recommended for this planting were selected because they are 1) common native species that occur in the coastal sage scrub community in the vicinity, 2) drought tolerant, and 3) included in the County of Los Angeles Fire Department's desirable plant list to meet the required 100-foot fuel modification zone. Additionally, toyon (Heteromeles arbutifolia), a large shrub (<15 ft.), will screen the stable from Portuguese Bend Road. Native plant materials recommended for this project include: • Toyon (Heteromeles arbutifolia) • Purple sage (Salvia leucophylla) • Encelia (Encelia californica) • Purple needlegrass (Nassella pukhra) (from seed) • Succulent Lupine (Lupinus succulentus) (from seed) It has been SWCA Environmental Consultants' pleasure to provide you with environmental consulting services of the highest quality and efficiency. Please do not hesitate to contact me at (626) 240-0587 or tcummins@swca.com to discuss these results in more detail. Sincerely, Taya K. Cummins Botanist/Project Manager Attachment 1: City of Rolling Hills Letter Attachment 2: Richie-Bray, Inc. Landscape Plan IJ' ESABiological [lam Resources memorandum date April 4, 2007 to Mr. and Mrs. Phillip Cho from Melanie Vanderhoof subject Biological Survey Report for 25 Portuguese Bend Rd, Rolling Hills, CA 350 Frank H. Ogawa Plaza Suite 300 Oakland, CA 94612 510.839.5066 phone 510.839.5825 fax www.esassoc.com APR 0 ' 2007 CITY OF ROLLING HILLS Introduction By This document describes the biological resources present, provides an analysis of potential biological constraints, and recommends mitigation measures for the planned construction of a stable on Mr. and Mrs. Phillip Cho's property in Rolling Hills, CA. The project site is located at 25 Portuguese Bend Road. ESA conducted a survey of biological resources present on the proposed project site on March 6, 2007. The property is approximately 13-acres. There is a "blue line streams" running through the property. The survey was restricted to areas designated by the town of Rolling Hills as "mature native vegetation" and habitats immediately adjacent. The property is within a residential community. Wildlife habitats in the area include coastal scrub, mixed chaparral, orchard and ruderal. A portion of the site has recently been graded as part of the construction of a tennis court. By overlaying the grading plans on historic photographs, it appears that the grading activities removed approximately 0.10 acres of mature native and non-native vegetation. The property owners also are proposing to place stables in the area already graded. This report identifies biological resource in the general area and assesses potential impacts to those resources from construction of the stables. Figure A-1 identifies the location of the area already graded and the proposed stables. Project Location The property consists of three lots, all under the ownership of Mr. and Mrs. Cho. There is currently a house, guest house and pool on the property. Pheasant Lane, a private road, and an informal gravel road cross through the property. The area is bordered by Portuguese Bend Road 1 A "blue line stream" is a stream that is represented by a blue line on a USGS topographic map. Cho Property Project I ESA / 207157 Biological Constraints Analysis March 2007 Survey Report to the south and east, and private property to the north and west (see Appendix A for maps and pictures of the project site). A blue line stream runs through the southern part of the property from west to east. Elevation within the project site ranged from 410 to 490 feet. The project area is on a predominately south -facing slope, with a north -facing slope on the south side of the blue line stream. Land cover is predominantly coastal scrub and mixed chaparral with adjacent orchard and ruderal cover. Methods Prior to the project site field survey, I reviewed the special status species and sensitive natural communities that might occur in the project vicinity (defined as the Torrance, Redonodo Beach and San Pedro USGS 7.5 minute topographic quadrangles) using the California Natural Diversity Data Base (CDFG 2007) and a search of the literature (Appendix C). I also reviewed Google Earth's (2005) color aerial photograph to evaluate landscape features such as recent roads, development, and vegetation types. I surveyed the proposed project site on March 6, 2007 from 9am to 3:30pm to inventory and evaluate biological resources such as vegetation, wildlife and water bodies, as well as to evaluate the potential for occurrence of special status biological resources, based on the suitability of onsite habitat. To evaluate the likelihood of special status species occurrence, I considered factors such as habitat type and quality, as well as species habitat requirements and distribution. Based on a request from the town of Rolling Hills, my field survey was restricted to areas within all three lots, designated by the town as "mature native vegetation" as well as immediately adjacent areas. Within the project site I inventoried all plants and wildlife (or evidence thereof) encountered (Table 1). In total, during the vegetation survey, ten native species and twenty-one non-native species were observed. Additional ornamental, non-native species occurred on the site but were not identified or included in this report. TABLE 1 SPECIES OBSERVED ON THE CHO PROPERTY ON MARCH 6, 2007 Scientific Name Common Name Plants Acacia sp. . Artemesia californica coastal sagebrush Baccharis pilularis coyote brush Carduus pycnocephalus italian thistle Centranthus ruber red valerian Citrus sinensis orange tree Cotoneaster sp. Dactylis glomerate orchard grass Epilobium canum hummingbird trumpet Eriobotrya japonica loquat Cho Property Project 2 Biological Constraints Analysis ON)A ESA / 207157 March 2007 Survey Report Scientific Name Common Name Eucalyptus globulus blue gum Foeniculum vulgare fennel Hedera helix English ivy Heteromeles arbutifolia toyon Juniper sp. Malosma laurina !aural sumac Marah macrocarpus wild cucumber Olea europaea olive Opunita ficus-indica coast prickly pear Pinus canariensis Canary island pine Pinus pinaster cluster pine Pittosporum sp. Plumbago auriculata plumbago Prunus Americana wild plum Prunus ilicifolia holly -leaved cherry Rhus integrifolia lemonade berry Ricinus communis castor bean Salvia leucophylla purple sage Sambucus mexicana Mexican elderberry Shinus molle Peruvian pepper tree Typha sp. cattails Birds Accipiter cooperii Cooper's hawk Buteo jamaicensis red-tailed hawk Calypte anna Anna's hummingbird Carpodacus mexicanus house finch Corvus brachyrhynchos crow Corvus corax raven Polioptila cerulea blue -gray gnatcatcher Troglodytes aedon house wren Vireo huttoni Hutton's vireo Zenaida macroura mourning dove Reptiles Uta stansburiana common side -blotched lizard Butterflies Vanessa cardui painted lady Pieris rapae cabbage white SOURCE: ESA, 2006. Cho Property Protect 3 ESA / 207157 Biological Constraints Analysis March 2007 PZUst—Se- TABLE 1 SPECIES OBSERVED ON THE CHO PROPERTY ON MARCH 6, 2007 Scientific Name Common Name Plants *Acacia sp. Artemesia californica coastal sagebrush Baccharis pilularis coyote brush *Carduus pycnocephalus Italian thistle *Centranthus ruber red valerian *Citrus sinensis orange tree *Cotoneaster sp. *Dactylis glomerata orchard grass Epilobium canum hummingbird trumpet *Eriobotrya japonica loquat *Eucalyptus globulus blue gum *Foeniculum vulgare fennel *Hedera helix English ivy Heteromeles arbutifolia toyon *Juniper sp. Malosma laurina !aural sumac *Marah macrocarpus wild cucumber *Olea europaea olive *Opunita ficus-indica coast prickly pear *Pinus canariensis Canary island pine *Pinus pinaster cluster pine *Pittosporum sp. *Plumbago auriculata plumbago Prunus Americana wild plum Prunus ilicifolia holly -leaved cherry Rhus integrifolia lemonade berry *Ricinus communis castor bean Salvia leucophylla purple sage Sambucus mexicana Mexican elderberry *Shinus molle Peruvian pepper tree Typha sp. cattails Birds Accipiter cooperii Cooper's hawk Buteo jamaicensis red-tailed hawk Calypte anna Anna's hummingbird Carpodacus mexicanus house finch Corvus brachyrhynchos crow Corvus corax raven Polioptila cerulea blue -gray gnatcatcher Troglodytes aedon house wren Vireo huttoni Hutton's vireo Scientific Name Common Name Zenaida macroura mourning dove Reptiles Uta stansburiana common side -blotched lizard Butterflies Vanessa cardui painted lady 'Pieris rapae cabbage white SOURCE: ESA, 2006. = non-native Survey Report Habitat Communities The habitat in the project area is comprised of coastal scrub, mixed chapparel, orchard and ruderal communities. Brief descriptions of these communities follow. See Table 1 for a comprehensive list of all plants and wildlife observed on March 6, 2007. Coastal scrub: Coastal scrub is typified by overstory shrubs up to seven feet tall and a perennial herb/subshrub understory up to one foot tall. Common overstory shrubs include coyote brush (Baccharis pilularis), blue blossom ceanothus (Ceanothus thyrsiflorus), coffeberry (Rhamnus californica), salal (Gaultheria shallon), bush monkeyflower (Mimulus aurantiacus), blackberry (Ribes spp.), poison -oak (Toxicodendron (Rhus) diversilobum), and wooly sunflower (Eriophyllum lanatum). Bracken fern (Pteridium aquilinum), swordfern (Polystichum munitum), Indian paintbrush (Castilleja affinis), yerba buena (Clinopodium douglasii), and California oatgrass (Danthonia californica) are typically present in the understory. Mixed chaparral: Mixed chaparral is a typically a structurally homogenous, species rich, brushland type dominated by shrubs. Composition varies based on precipitation regime, aspect and soil type. Common species include chamise (Adenostoma fasciculatum), silk -tassel (Garrya elliptica), coyote brush (Baccharis pilularis), toyon (Heteromeles arbutifolia), hollyleaf cherry (Prunus ilicifolia), California buckeye (Aesculus californica), scrub oak (Quercus berberidifolia), several Manzanita species and some pine species. Orchard: Orchards are typically open single species tree dominated habitats. Crowns often do not touch, and the understory is usually composed of low -growing grasses and other herbaceous plants. The dominant orchard species on the site was oranges (Citrus sinensis). A loquat tree (Eriobotrya japonica) was also present and had high levels of bird activity within it. Ruderal: Ruderal (roadside) communities occur in areas of disturbances such as along roadsides, trails, and parking lots. Due to its location within a residential area there are a number of ruderal species in the project site, including cotoneaster (Cotoneaster sp.), Pittosporum sp., fennel (Foeniculum vulgare), wild cucumber (Marah macrocarpus), olive trees (Olea europaea), coast prickly pear (Opunita frscus-indica), and Peruvian pepper tree (Shinus molle) Special Status Plants and Wildlife I did not observe any special status plant or wildlife species during the March 6, 2007 survey, however CNDDB (CDFG, 2007) and a literature search documented many special status species in the general vicinity of the project area (see Appendix B). Several of these documented species do not have habitat within the project boundaries, and therefore have a low potential to occur there. Listed below are several species for which habitat exists on the subject property, and that were documented to occur in the general vicinity of the project area by CNDDB (CDFG, 2007), CDFG (2007), and CNPS (2007): Cho Property Project 4 ESA / 207157 Biological Constraints Analysis March 2007 Survey Report Coast (San Diego) horned lizard (Phrynosoma coronatum (Blainvillii)) The coast (San Diego) horned lizard is a federal and state -listed species of concern. It is found in the foothills and coastal plains from Los Angeles area to northern Baja California, in a wide variety of habitats including coastal sage, chaparral, annual grassland, chaparral, oak woodland, riparian woodland, and coniferous forest. San Diego horned lizards seem to have disappeared from about 45% of its range in southern California; few populations are extant on the coastal plain where it was once common. Most surviving populations inhabit upland sites with limited optimal habitat. Suitable habitat within the project site provides the potential for this species to occur. Coastal California gnatcatcher (Polioptila californica Californica) The coastal California gnatcatcher is listed as federally threatened. The species is associated with sage scrub environments, including coastal sage scrub environments. It can be found from southern Ventura County down to Baja California, Mexico. The CNDDB had six records of the species being observed on the Palo Verdes Peninsula between 1980 and 2005. Because suitable habitat exists for this species in the project boundaries, is has the potential to occur on the site. Southwestern willow flycatcher (Empidonax traillii extimus) The southwestern willow flycatcher is listed as federally endangered. It nests and forages within riparian forest and relies on dense willows, cottonwoods, coyote brush and other species found along southwestern rivers and streams. In 1995, there were only 577 individuals throughout its entire range, which includes southern California, Arizona, New Mexico, extreme southern portions of Nevada and Utah, far western Texas, and southwestern Colorado. Suitable habitat within the project site means the species has the potential to occur. Brand's phacelia (Phacelia stellaris) Brand's phacelia is a federal species of concern and CNPS list 1B plant. It inhabits coastal dunes, coastal scrubs, sandy openings in sage scrub near the coast. Several occurrences were recorded by CNPS in the adjacent Redondo Beach quadrangle, but these populations may have been extirpated. The species is now known from fewer than five occurrences. Despite this small number of occurrences, this species has the potential to occur within the project site near the sage coastal scrub. Discussion Figure A-1 identifies the extent of native vegetation found on the subject property. An area developed as an orchard area is also identified in the Figure. The blue line stream that runs from west to east on the property, was dry at the time of the site visit. It had a definable bank and bed, making it a jurisdictional feature for the U.S. Fish & Wildlife and U.S. Corp of Engineers. No distinct riparian vegetation was evident, except for cattails (Typha sp.) at the southwest corner of the property. According to an earlier biological survey of the site (Yorke 1996), the blue line stream has no oceanic connection. Cho Property Project 5 ESA / 207157 Biological Constraints Analysis March 2007 Survey Report An area of mixed native and non-native vegetation extends from the graded area and orchard area down gradient to the blue line stream. The dominant native species within this area includes lemonade berry (Rhus integrifolia), toyon (Heteromeles arbutifolia), laurel sumac (Malosma laurina), holly -leaved cherry (Prunus ilicifolia), coastal sagebrush (Artemesia californica) and purple sage (Salvia leucophylla). Many non-native species were also common within the project site. One of the most prevalent species in the stand was Pittosporum sp. Peruvian pepper tree (Shinus molle) also frequently occurred, as well as Cotoneaster sp., blue gum (Eucalyptus globulus), and several non-native pine species. Although the area containing native vegetation is located within a residential area and there are numerous nonnative species present, it nevertheless has several features that make it a moderately suitable habitat for plants and wildlife including structural diversity, trees accompanied by lower shrubs, pervious surfaces, native vegetation, and a blue line stream. There is evidence that the site is used by resident wildlife (Table 1), and it is likely that there are additional species utilizing the area that were not visible during the March 2007 survey (i.e., nocturnal species, aquatic species and migratory species). I observed several birds in the area, both visually and vocally. In addition to regulations for special status species under the Endangered Species Act (ESA) and California Endangered Species Act (CESA), most birds, including non -status species, are protected under either the Migratory Bird Treaty Act of 1918 or the California Fish and Game Code. There is potential for several special status plants to occur in the project area, although I did not observe any during the March 6, 2007 survey. However, many plants were not blooming at the time of the visit, and other might have been overlooked. Potential Project Impacts and Mitigation Recommendations This section identifies potential impacts on biological resources relating to construction of the stables. Measures have been developed to protect sensitive species and habitats and to reduce project effects to less than significant levels. These measures are based, in part, on requirements, recommendations, and guidelines established by the U.S. Fish and Wildlife Service (2000), the California Department of Fish and Game (2000), the U.S. Army Corps of Engineers, and the Regional Water Quality Control Board. Impact to Blue Line Stream The blue line stream is currently not within the construction area and would not be directly affected by construction of the stables. Indirect impacts could include increased sedimentation or the removal of riparian vegetation, which could lead to channel degradation. To minimize impacts, storm water pollution prevention measures during construction should be implemented to minimize erosion of the slope. Cho Property Project 6 ESA / 207157 Biological Constraints Analysis March 2007 Survey Report Impacts on Plants and Wildlife The construction of the stables would not result in removal of any native vegetation since the area is already graded as shown in Figure A-1. However, the County of Los Angeles Fire Department recommends that all brush, flammable vegetation or combustible growth be removed 100 feet from structures. The fulfillment of this recommendation will require the removal of approximately 0.08 acres of both native and non-native vegetation. Lemonade berry (Rhus integrifolia) and laurel sumac (Malosma laurina) are the dominant native species that will be affected. Figure A-1 shows the area affected by the Fire Department requirement. The area required to be cleared for the stables would have to be cleared in any case for the tennis court, so the addition of the stables does not add any additional clearing acreage requirements for the overall project. Brush clearing has the potential for direct and indirect impacts on birds. Nesting birds may be affected by tree and shrub removal, construction noise, and other disturbances resulting from this project. These activities have the potential to result in the destruction of bird nests, eggs, or nestlings. Indirect impacts due to construction noise and increased human activity may cause nest abandonment or otherwise result in reproductive failure. The nesting activities of most bird species are protected under the California Fish and Game Code (Sections 3503, 3503.5, 3513, and 3800) and the Federal Migratory Bird Treaty Act. To avoid disruption of bird reproductive activity, the brush clearing should be conducted between September 1st and February 15th, which is outside of the normal breeding season for most birds (February through August). There is the potential for several special status plants to occur within the 0.08 acres to be cleared to comply with the Fire Department requirements. Their presence/absence must be determined before clearing occurs. Pre -construction surveys should be conducted by a qualified biologist, during the period identification for each species prior to brush clearing activities (Appendix B). Brush clearing has the potential to impact the following special status species:2 coast (San Diego) horned lizard, coastal California gnatcatcher, and southwestern willow flycatcher,. Consideration of the natural history, habitat requirements, and known distribution of special status species documented as occurring within the vicinity of the project site suggests that construction of the project, as described above, is not likely to impact any federal, state listed or special status species other than those listed above. 2 The term "special status species" includes those that are listed and receive specific protection defined in federal or state endangered species legislation, as well as species not formally listed as threatened or endangered, but designated as "rare" or "sensitive" on the basis of adoption policies and expertise of state resource agencies or organizations, or policies adopted by local agencies such as counties, cities, and special districts to meet local conservation objectives. Cho Property Protect 7 ESA / 207157 Biological Constraints Analysis March 2007 Survey Report Report Preparation Melanie Vanderhoof, Biologist Environmental Science Associates 350 Frank H. Ogawa Plaza, Suite 300 Oakland, CA 94612 Phone: (510) 839-5066 Fax: (510) 839-5825 References California Department of Fish and Game (CDFG). 2000. Guidelines for Assessing Effects of Proposed Projects on Rare, Threatened and Endangered Plants and Natural Communities. California Department of Fish and Game (CDFG). 2007. California Natural Diversity Database (CNDDB data request for Torrance, Redondo Beach and San Pedro quadrangles) Government version February 2007. California Department of Fish and Game, Wildlife and Habitat Data Analysis Branch, Sacramento, California. California Department of Fish and Game (CDFG). 2007. California's plants and animals. Habitat Conservation Planning Branch. httn://www.dfa.ca.aov/hcnb/species/snecies.shtml (last accessed 9 March, 2007). California Native Plant Society (CNPS). 2007. Inventory of Rare and Endangered Plants (online edition, v7-07a). California Native Plant Society. Sacramento, CA. http://www.cnps.org/inventory (last accessed 8 March, 2007). County of Los Angeles Fire Department. 2005. Vegetation management. httn://fire.lacountv.aov/ForestrvNeaetationManaaement.asn (last accessed 9 March, 2007). National Geographic.2002. Field guide to the birds of North America, fourth edition. National Geographic, Washington, D.C. Esselman, S. 2005. Biological Constraints Analysis, 2483 Palos Verdes Dr., Rolling Hills, CA. ESA. August 15, 2005. Esselman, S. 2005a. Biological Constraints Analysis, 3050 Via Campesina, Rancho Palos Verdes, CA. ESA. January 9, 2005. Mayer, K.E. & W.F. Laudenslayer, Jr. 1988. A guide to wildlife habitats of California. State of California, Sacramento. 166pgs. Roberts Jr., F.M. 1989. A checklist of the vascular plants of Orange County, California. Museum of systematic biology, University of California, Irvine, Research Series No. 6. United States Fish and Wildlife Service (USFWS). 2000. Guidelines for Conducting and Reporting Botanical Inventories for Federally Listed, Proposed and Candidate Plants. Cho Property Project 8 ESA / 207157 Biological Constraints Analysis March 2007 Survey Report Yorke, C.D. 1996. Summary of biological resources report on 25 Portuguese Bend Road Rolling Hills, California. Callyn D. Yorke, PhD, Environmental Impact Studies. Green Valley, California. Zeiner, D.C., W.F. Laudenslayer, K.E. Mayer, and M. White. 1990. California's Wildlife. Vols. I, II and III. California Statewide Wildlife Habitat Relationships System (Version 7.0), California Department of Fish and Game, Sacramento, CA. htto://www.dfa.ca.Qov/whdab/html/cawildlife.html (last accessed 8 March, 2007). Cho Property Project 9 ESA / 207157 Biological Constraints Analysis March 2007 APPENDIX A Biological Resources and Maps Cho Property Project ESA / 207157 Biological Constraints Analysis March 2007 j�.. SOURCE: ESA, 2007. Grading Area 100 Ft Buffer • Orchard Mixed Native and Non -Native Vegetation Eucalyptus Stand Blue Line Streams T 0 150 Feet I Cho Property Project . 207157 Figure A-1 Vegetation Types and Proposed Project Site at 25 Portuguese Bend Road, Rolling Hills, CA h Project skte, facing souteast. re3Pr t site,ta ng southwest. MoreA SOVitGE: ESA, 2007 •2��15� Cho ores Project aad p, 3 F9 Figure A-4. Project site facing north. Figure A-5. Vegetation in relation to currently graded area. SOURCE: ESA, 2007 Cho Property Project . 207157 Figures A-4 and A-5 APPENDIX B Biological Resources - Cho Property Habitats and Special -Status Species Cho Property Project ESA / 207157 Biological Constraints Analysis March 2007 Appendix B: Biological Resources - Habitats and Special -Status Species The following tables describe project area habitats and special -status species considered in the evaluation of the 25 Portuguese Bend Road, Rolling Hills, Construction Project. Table B-1 lists the habitats discussed in this report. Table B-2 lists special -status plant species and special -status wildlife species reported to occur in the project area based on the California Natural Diversity Database (CDFG 2007) and biological literature of the region. Cho Property Project B-1 ESA /207157 Biological Constraints Analysis March 2007 Appendix B: Biological Resources - Habitats and Special -Status Species TABLE B-1 HABITATS AND EQUIVALENT VEGETATION SERIES, NATURAL COMMUNITIES, AND HABITATS KNOWN TO OCCUR IN PROJECT AREA Habitat Mixed chaparral Coastal Scrub Orchard SOURCE: ESA, 2006. Cho Property Project Biological Constraints Analysis Wildlife Habitats of California (Mayer & Laudenslayer 1988) Coastal Sage -Chaparral Scrub series Toyon series Sumac series Coyote brush scrub series California sagebrush series Coyote brush scrub with emergent trees B-2 ESA / 207157 March 2007 Appendix B: Biological Resources - Habitats and Special -Status Species d TABLE B-2 SPECIAL -STATUS SPECIES CONSIDERED IN THE EVALUATION OF THE 25 PORTUGUESE BEND ROAD, ROLLING HILLS CONSTRUCTION PROJECT Common name Scientific name Invertebrates El Segundo blue butterfly Euphilotes battoides allyni Palos Verdes blue butterfly Glaucopsyche lygdamus palosverdesensis Amphibians Coast (San Diego) horned lizard Phrynosoma coronatum (Blainvillii) Fish Mohave tui chub Gila bicolor mohavensis Birds Tricolor blackbird Agelaius tricolor Western snowy plover Charadrius alexandrinus nivosus Cho Property Project Biological Constraints Analysis Listing Status USFWS/ CDFG/ CNPS General Habitat SPECIES LISTED OR PROPOSED FOR LISTING FE/-- Found in dune systems, requires host plant, dune buckwheat FE/-- Seaward side of the Palos Verdes Hills where its larval host plants, Santa Barbara milkvetch (Astragalus trichopodus var. lonchus) and common deerweed (Lotus scoparius), are present. FSC/CSC The foothills and coastal plains from Los Angeles area to northern Baja California. It is found in a wide variety of habitats including coastal sage, chaparral, annual grassland, chaparral, oak woodland, riparian woodland, and coniferous forest FE/CE Deep pools and slough -like areas of non -ephemeral streams. --/CSC Nesting requires wetland habitat and occurs in dense 'stands of cattails (Typha species) and tules (Scirpus species), with nests located a few feet above water. Blackbirds are highly colonial nesters, requiring nesting areas large enough to support at least 50 pairs. FT/-- Breeds and forages on coastal beaches and dunes. B-3 Potential for Species Occurrence Within the Project Area Low. No suitable habitat present. Low. No suitable habitat present. Host plants not found during site survey. Moderate. Some suitable habitat present. Low. Water source not consistent on site. Low. Not enough suitable habitat present to support a group. Low. No suitable habitat present. Period of Identification May -August March -July Year-round Year-round April -October Year-round ESA /207157 March 2007 { Common name Scientific name Southwestern willow flycatcher Empidonax traillii extimus Belding's savannah sparrow Passerculus sandwichensis beldingi Coastal California gnatcatcher Polioptila californica californica California least tern Sterna antillarum brown Least bell's vireo Vireo bellii pusillus Mammals San Diego desert woodrat Neotoma lepida intermedia Pacific pocket mouse Perognathus longimembris pacificus Plants Ventura marsh milk -vetch Astragalus pycnostachyus var. lanosissimus Coastal dune milk -vetch Astragalus tener var. tit! San Fernando valley spineflower Chorizanthe parry! var.' fernandina FE/CE FE/CE --/CSC FE/CSC FE/CE/1 B FE/CE/1 B FSC/CE/1 B Listing Status USFWS/ CDFG/ CNPS FE/-- FSC/CT General Habitat Nests/forages within riparian forest. Strictly dependent on dense willows, cottonwoods and other species found along southwestern rivers and streams. Found within coastal salt marshes between Goleta Slough, Santa Barbara County, and Bahia de San Quintin in Mexico. FT/-- Associated with sage scrub environments, including coastal sage scrub environments, in southern California. It can be found from southern Ventura County down to Baja California, Mexico. Nests on sandy, ocean beach strand areas near estuaries and river mouths. Breed in lowland, willow -dominated riparian areas Habitats with succulent vegetation, not usually found in cultivated or disturbed areas. Found only within 4 kilometers of the coast on fine-grained sandy substrates in coastal sage scrub, coastal strand, and river alluvium. Coastal dunes, coastal scrub and edges of or in salt or brackish marshes. Coastal dunes, coastal bluff scrub and coastal prairie. Coastal scrub. Appendix B: Biological Resources - Habitats and Special -Status Species Potential for Species Occurrence Within the Project Area Low — Moderate. No suitable habitat present. Low. No suitable habitat present. Moderate. Suitable habitat present. Low. No suitable habitat present. Low. No suitable habitat present. Low. No suitable habitat present. Low. No suitable habitat present. Low. No suitable habitat present, now known from only one natural occurrence Low. No suitable habitat present, no occurrences found since the 1970's. Low. Suitable habitat present, but now known from only three occurrences. Period of Identification April -August Year-round Year-round April -August March -September Year-round Year-round June -October March -May April -July Cho Property Project B-4 ESA / 207157 Biological Constraints Analysis March 2007 Common name Scientific name Salt marsh bird's beak Cordylanthus maritimus ssp. maritimus Beach spectaclepod Dithyrea maritima California Orcutt grass Orcuttia californica Listing Status USFWS/ CDFG/ CNPS FE/CE/1 B —/CT/1 B FE/CE/1 B Lyon's pentachaeta FE/CE/1 B Pentachaeta lyonii Brand's phacelia FSC/—/1 B Phacelia stellaris Federal Categories (U.S. Fish and Wildlife Service) FE = Listed as Endangered by the Federal Government FT = Listed as Threatened by the Federal Government FPE = Proposed for Listing as Endangered FPT = Proposed for Listing as Threatened FC = Candidate for Federal Listing FSC = Former Federal Species of Concern FSLC = Former Species of local concern or conservation importance BPA = Federal Bald Eagle Protection Act Cho Property Project Biological Constraints Analysis General Habitat Limited to the higher zones of coastal salt marsh habitat. Sea level to 30 feet elevation. Central and Southern California Coast to Baja California. Occurs in foredunes, active sand, and dune scrub from San Luis Obispo south to Baja, California. Vernal pools in Ventura, Riverside, and San Diego counties, Baja California; known from fewer than 20 locations; below 2,000 feet elevation. Associated with valley grasslands in coastal Los Angeles County and Santa Catalina Island. Also found in chaparral openings and coastal scrub. Coastal dunes, coastal scrubs, sandy openings in sage scrub near the coast. State Categories (California Department of Fish and Game) CE = Listed as Endangered by the State of California CT = Listed as Threatened by the State of California CR = Listed as Rare by the State of California B-5 Appendix B: Biological Resources - Habitats and Special -Status Species Potential for Species Occurrence Within the Project Area Low. No suitable habitat present. Low. No suitable habitat present. Low. No suitable habitat present. Low. Suitable habitat present, but fewer than twenty extant occurrences recorded all in Santa Monica Mtns. and western Simi Hills. Period of Identification May -October March -May April -June March -August Moderate. Suitable habitat March -June present. California Native Plant Society (CNPS) List 1A = Plants presumed extinct in California List 1 B = Plants rare, threatened, or endangered in California and elsewhere List 2 = Plants rare, threatened, or endangered in California List 3 = Plants about which more information is needed List 4 = Plants of limited distribution 3511 = A Fully Protected Species CSC = California Species of Special Concern ESA / 207157 March 2007 • Cl4! opn Pen$ November 8, 2006 Mr. and Mrs. Philip Cho 25 Portuguese Bend Road Rolling Hills, CA 90274 • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com SUBJECT: Landscaping design for tennis court and stable at 25 Portuguese Bend Road, Rolling Hills. Dear Mr. and Mrs. Cho: Please be informed that the Landscape Plan for bond calculation for the area around the stable and tennis court has been APPROVED. The Certificate of Deposit previously submitted to the City adequately covers the cost of the proposed work in the area of the stable and corral, and therefore no other deposit is required. With the proposal to relocate the stable to the side of the tennis court, the City Council may require a revised plan showing the stable in the approved location. I will let you know if a revised plan is required. In addition, please refer to a letter dated June 4, 2006, which is enclosed, and provide verification as to the location of the service yard (not allowed in setbacks); confirm that no plighting of trees is proposed and that no other lights be installed throughout the landscaped areas; that the hammer head turn around area be of a pervious surface and that no walls are located in the setback (except for a rubble wall). In accordance with Resolution No. 1000, the bond shall be retained with the City for not less than two years after landscape installation. The retained bond will be released by the City Manager or designee after the City Manager determines that the landscaping was installed pursuant to the landscaping plan as approved, and that such landscaping is properly established and in good condition. Feel free to call me at (310) 377-1521 if you have any questions regarding this matter. Sincerely, SY+ Ydlanta Schwartz Planning Director cc: Rick Marshall, West Construction Douglas McHattie, Bolton Engineering ®Pnnterl on Fi„(:•.rin(+ C1i, 0fi2 PP„a June 4, 2006 Mr. and Mrs. Philip Cho 25 Portuguese Bend Road Rolling Hills, CA 90274 • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (3101377.1521 FAX: (310) 377-7288 E-mail: cityofth@aol.com SUBJECT: Landscaping design for 25 Portuguese Bend Road, Rolling Hills. Dear Mr. and Mrs. Cho: Please be informed that the Landscape Plan for bond calculation for the area around the residence has been APPROVED. Please note the NOTES in red marker on the plan. These issues still need to be resolved and are NOT PART OF THE LANDSCAPING APPROVAL for the residence, specifically: • Verify location of the proposed trash service area, (may not be located in any setback) • Comply with the City's Lighting Ordinance for the proposed lighting on the property • Walls are not permitted in the setbacks, (except for a short rubble wall -not on permanent foundation) • Cover the turn -around area with Grass Crete or other pervious surface. A separate landscaping plan and bond will be required prior to obtaining grading permits for the previously approved tennis court and guesthouse. In accordance with Resolution No. 1000, the bond shall be retained with the City for not less than two years after landscape installation•. The retained bond will be released by the City Manager or designee after the City Manager determines that the landscaping was installed pursuant to the landscaping plan as approved, and that such landscaping is properly established and in good condition. Feel free to call me at (310) 377-1521 if you have any questions regarding this matter. Sicd,rely, v ,g S 9„_4' Yol�nta Schwartz PlAnning Director Enclosure -plan cc: Rick Marshall, contractor (letter only) • ORDINANCE NO. 287 AN ORDINANCE OF THE CITY OF ROLLING HILLS ESTABLISHING OUTDOOR LIGHTING STANDARDS AND AMENDING TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE The City Council of the City of Rolling Hills does hereby ordain as follows: Section 1. Findings. The residents of the City of Rolling Hills treasure its rural environment. As is set forth in the City's General Plan, the Council finds that the rural environment is characterized by natural light, and is degraded by artificial illumination at night. Nighttime darkness throughout the City contributes significantly to the uniquely tranquil rural environment, creates a more natural setting for wildlife that inhabit the area, enhances the quality of life and adds to property values. For the foregoing reasons, the City provides no roadway illumination and encourages residents to minimize the illumination of their properties to avoid light spillage onto neighboring properties, easements and roadways. The outdoor lighting standards adopted herein serve to advance the foregoing goals and further public health, safety and welfare. Pursuant to authority and criteria contained in the California Environmental Quality Act (California Public Resources Code Section 21000 ete seq.) ("CEQA") and the CEQA Guidelines (California Code of Regulations Section 15000 et seq.), planning staff analyzed the proposed ordinance and concluded that the ordinance will not have the potential to cause a significant effect on the environment. Based on this finding, planning staff has determined that the proposed ordinance is categorically exempt from the requirements of CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines. The City Council has reviewed the proposed exemption and finds that it represents the independent judgment of the City and complies with the requirements of CEQA. Based upon this finding, the City Council finds that the proposed ordinance is categorically exempt from CEQA in accordance with the CEQA Guidelines. Section 2. Paragraph D. of Section 17.16.150 of Chapter 17.16 of Title 17 of the Rolling Hills Municipal Code is amended in its entirety to read as follows: "D. Walkways, steps, mailboxes and irrigations systems are permitted in any yard area." Section 3. Section 17.16.190 of Chapter 17.16 of Title 17 of the Rolling Hills Municipal Code is amended by adding thereto a new paragraph E. to read as follows: "E. Outdoor lighting. Outdoor lighting is prohibited except as provided below: 1. Lighting is permitted along pedestrian pathways for the purpose of providing safe passage. Bulbs used in such lighting shall be non -reflective and shall not exceed the wattage of a forty (40) watt incandescent light bulb to a maximum of 400 lumens, or their equivalent if non -incandescent lighting is used. Lighting fixtures shall accommodate only one bulb, shall incorporate shields to cast light downward, shall be spaced no closer than twenty (20) feet apart, and shall be no higher than 18 inches from grade to the top of the fixture. In no event shall light from such fixtures be cast upward or off the property. 2. Security lighting is permitted, provided that in no event shall a security light be set to shine for longer than five minutes following activation. 3. Temporary lighting is permitted for holidays and for special events. 4. Entry post lighting is permitted at the foot of a driveway provided that lighting is cost downward and does not spill onto the roadway. Bulbs used in such lighting shall be non -reflective and shall not exceed the wattage of a forty (40) watt incandescent light bulb to a maximum of 400 lumens, or their equivalent if non -incandescent lighting is used. 5. Lighting that illuminates porches and entry ways into buildings is permitted. Bulbs used in such lighting shall be non•reflective and shall not exceed the wattage of a forty (40) watt incandescent light bulb to a maximum of 400 lumens, or their equivalent if non -incandescent lighting is used. Ordinance Ni 287 -I- • • Section 4. All development occurring after the date of adoption of this Ordinance shall comply with the standards set forth in Section 3 above. Any lighting existing on the date of adoption of this Ordinance which is not in compliance with the standards set forth in Section 3 above shall be deactivated, removed or otherwise brought into compliance within one (1) year of adoption. To avoid hardship associated with major modifications of existing lighting improvements, modifications which result in substantial compliance with the above standards and which meet the intent of this Ordinance, as determined by the City Manager, shall be deemed to constitute compliance. The City Manager's determination in that regard shall be subject to appeal to the Planning Commission. PASSED, APPROVED AND ADOPTED this 26th day of Marc o:ri;T• erne'', Mayor Mayor Attest: ifIrit .n.. J2-•-3 Y, f l -1 Marilyn L. Kern Deputy City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) §§ I certify that the foregoing Ordinance No. 287 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS ESTABLISHING EXTERIOR LIGHTING STANDARDS AND AMENDING TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE was approved and adopted at a regular meeting of the City Council on March 26, 2001 by the following roll call vote: AYES: Councilmembers Heinsheirner, Hill, Lay, Mayor Pro Tern Murdock and. Mayor Pernell. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices Marilyn L. Kern Deputy City Clerk Ord nunce No 287 -2- • • sty 0/�ePns wee June 4, 2006 Mr. and Mrs. Philip Cho 25 Portuguese Bend Road Rolling Hills, CA 90274 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377.7288 E-mail: cityofrh@aol.com SUBJECT: Landscaping design for 25 Portuguese Bend Road, Rolling Hills. Dear Mr. and Mrs. Cho: Please be informed that the Landscape Plan for bond calculation for the area around the residence has been APPROVED. Please note the NOTES in red marker on the plan. These issues still need to be resolved and are NOT PART OF THE LANDSCAPING APPROVAL for the residence, specifically: • Verify location of the proposed trash service area, (may not be located in any setback) • Comply with the City's Lighting Ordinance for the proposed lighting on the property • Walls are not permitted in the setbacks, (except for a short rubble wall -not on permanent foundation) • Cover the turn -around area with Grass Crete or other pervious surface. A separate landscaping plan and bond will be required prior to obtaining grading permits for the previously approved tennis court and guesthouse. In accordance with Resolution No. 1000, the bond shall be retained with the City for not less than two years after landscape installation. The retained bond will be released by the City Manager or designee after the City Manager determines that the landscaping was installed pursuant to the landscaping plan as approved, and that such landscaping is properly established and in good condition. Feel free to call me at (310) 377-1521 if you have any questions regarding this matter. Si > cdrely, Yota Schwartz P1 ng Director Enclosure -plan cc: Rick Marshall, contractor (letter only) ®Panted on RecsiGled I'ato .,-+2 �—rre cc JP L(fnf�• s to 2 oLr Nu& 4r wk.i, Es tpc o (LTtzeud S f N Ei� gT6P S n�. tfPctio 6N L S (-nz- ) 1 F gEf t- TAtzt7.5 W ►•ocf2N-f-!oN I,paJ 7 PPS 1 -H- P�N1t' f j T5 0 uMt-f • Re54•111o7-04 Goo t lbfACe 25 Pots-ni UFi F3&ND l' a-fNb +16t r t • G�I�F 1.t&s7JJ4 # 1413 re—{7-4e:r-t-[..! i 1b, d ft tt S (-E Cho Residence Gardens Sheet Title: Landscape Planting/ Lighting Plan Date: 04/25/2006 Scale: 1/8'=1.-0' Drawn: DT;re., ttp t'M, Job NO.: 04.075.00 Sheet L2.0 Of Sheets Citf 0/ l2 PP,.S May 9, 2006 Mr. and Mrs. Philip Cho 25 Portuguese Bend Road Rolling Hills Estates, CA 90274 SUBJECT: LANDSCAPING PLAN FOR BOND APPROVAL (HOUSE ONLY) 25 PORTUGUESE BEND ROAD, ROLLING HILLS INCORPORATED JANUARY 24, 1957 Dear Mr. and Mrs. Cho: NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com Please be informed that the Landscaping Plan for bond calculation for Zoning Case No. 708B has been TENTATIVELY APPROVED, subject to review of the plan and bond amount by the City's landscaping consultant. Please make a note of the notes on the plan (in red pen), pertaining to lighting, location of service yard and the material for the turn around. Please provide the enclosed Lighting Ordinance to your landscaping consultant. Please also be advised that this tentative approval is for the landscaping around the residence only and NOT for the future tennis court and guesthouse. A separate landscaping plan and bond will be required prior to issuance of a grading permit for the guesthouse and tennis court. Please submit a bond/letter of credit/ CD or other form of security deposit in the amount of $134,550 (naming the City as the beneficiary) to the City. This includes the cost of material and labor, estimated by your representative plus 15%. In accordance with Resolution No. 1000, the bond shall be retained with the City for not less than two years after landscape installation. The retained bond will be released by the City Manager after the City Manager determines that the landscaping was installed pursuant to the landscaping plan as approved, and that such landscaping is properly established and in good condition. Feel free to call me at (310) 377-1521 if you have any questions regarding this matter. Sincerely, yew � glanta Schwartz Nanning Director Enclosures ®Printed on Recyrind • • Mike Forsberg Landscape & Maint., Inc. P.O. Box 342 Harbor City, CA, 90710-0342 P.O. Box 342 Phone 310-534-5058 I DATE Fax 310-534-8540 5/3/006 I NAME/ADDRESS Rick Marshall West Construction 86 Rockighorse Rd. RPV, CA, 90275 ESTIMATE ITEM DESCRIPTION QTY COST TOTAL ESTIMATE for Cho Residence-No.25 Port. Bend I Road, Rolling Hills Plant Material Includes Amendments I $ 50,000.00 $ 50,000.00 Bark Walk on Bark Mulch I $ 2,500.00 $ 2,500.00 Gravel Decomposed Granite I $ 2,000.00 $ 2,000.00 Irrigation Automated Irrigation System $ 39,000.00 $ 39,000.00 Labor For plants installation $ 23,500.00 $ 23,500.00 This estimate is valid for a period of thirty days. TOTAL: $ 117,000.00 TO/TO 30Vd NOI±Ofld1SNOD lS3M 0TTL8t790TE 9T:0T 900Z/80/90 R • Ci1 0/2 PF>,a Jh/P December 19, 2005 Mr. and Mrs. Philip Cho 25 Portuguese Bend Road Rolling Hills, CA 90274 Dear Mr. and Mrs. Cho: INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com SUBJECT: ZONING CASES NO. 708, additions, guest house and tennis court. It has come to my attention that a Garden Master Landscaping Plan was presented to the Architectural Committee of the Rolling Hills Community Association, (RHCA) for their review. Upon request, Mr. George Sweeney, your Architect provided me with a copy of the plan. After reviewing the master -landscaping plan, I determined that there are several hardscape areas/features that qualify as structures, under the City's definitions of "Structures". These structures must be listed and accounted for in the calculations of structural and total lot coverage and pad coverage. They include the pond equipment enclosure, pool equipment, garden walls, porch areas and trellises, if any, sundeck and barbecue area. If the deck, or portion thereof, is 12" or more above the ground, a separate Site Plan Review before the Planning Commission is required. I do not foresee that these additional structures will trigger additional reviews before the Planning Commission, however, they must be shown on a plot plan and included in the calculations. Therefore, please submit a revised site plan. showing setbacks and the previously approved additions, quest house and tennis court as well as the size. location, and height of walls, pool/pond equipment areas, porches, trellises, decks, barbecue, koi ponds and all other proposed structures. Please be advised that no structures, except for the approved future stable, up to 3' rubble walls -not on permanent foundation and a fountain. may be located in any setback. In addition, due to the proposed structures, walls and "turf" areas, there seem to be more disturbed area of the lot than was originally presented to the City. Please verify the disturbed area and provide an accurate percentage of the disturbed area of the lot for our records. I am enclosing the forms that need to be filled out to account for all of the structures and disturbed areas. Your engineer and architect are familiar with these forms. Please submit the revised site plan and the calculations within the next four weeks. Please also be reminded that pursuant to Resolution No. 1000, conditions S, T, and U, landscaping and irrigation plan together with cost estimate must be submitted to the City, prior to issuance of a grading/building permit. You may wish to give a copy of the attached excerpts from the Resolution to your landscape architect. Pririted on Recyr:lnd r apr r R , • • Should you have any questions or require additional information, please do not hesitate to call me at (310) 377-1521. Sincerely G Yolanta Schwartz Planning Director cc: Doug McHattie, Bolton Engineering George Sweeney, Architect • DATE ZONING CASE NO. ADDRESS APPLICANT cg-Cti114- tfaQ4-k rho7.}(94- CALCULATION OF LOT COVERAGE AREA AND STRUCTURES EXISTING NET LOT AREA RESIDENCE GARAGE SWIMMING POOL/SPA POOL EQUIPMENT / rood g-aR1PMCNT STABLE (dirt volume to be included in grading quantities) RECREATION COURT ATTACHED COVERED PORCHES, ENTRYWAY/ PORTE COCHERE, BREEZEWAYS (SOLID ROOF) SIMILAR STRUCTURES WITH OPEN OR PARTIALLY OPEN ROOF DETACHED STRUCTURES: • SHEDS, TRELLISES, GAZEBO, - BARBECUE, OUTDOOR KITCHEN, ROOFED PLAY v 3 EQUIP. (over 15 ft. high and over 120 sq. ft.) SERVICE YARD OTHER BASEMENT AREA (volume to be included in grading quantities) TOTAL STRUCTURES % STRUCTURAL COVERAGE sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. PROPOSED TOTAL sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sq.f sq.ft sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. PRIMARY DRIVEWAY(S) sq.ft. sq.ft. sq.ft. PAVED WALKS, PATIO AREAS, COURTYARDS POOL DECKING OTHER PAVED DRIVEWAYS, ROAD EASEMENTS, PARKING PADS TOTAL FLATWORK TOTAL FLATWORK COVERAGE TOTAL STRUCTURAL & FLATWORK COVERAGE % TOTAL COVERAGE sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sq. ft. sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. % % TOTAL DISTURBED AREA sq.ft. sq.ft. sq.ft. % DISTURBED AREA % % % GRADING QUANTITY (include future stable, corral and access way; basement and all other areas to be graded) cubic yards All structures (attached and detached) must be listed. List separately attached structures with solid roofs from attached structures with open or partially open roofs. Free standing accessory structures such as sheds, trellises, covered patios, gazebo, fountains, barbecue, outdoor fire place, etc., are not counted towards all coverages and disturbed area, unless any one exceeds 120 sq. ft. in area or have a combined area of 600 sq. ft., or if there are more than 5 such structures on the property (the first five do not count — if less than 600 sq. ft. total or less than 120 sq. ft. each, and less than 10' high, except 15' high for play forts — see Section 17.16.200 J, K & L). • • DATE ZONING CASE NO. ADDRESS APPLICANT NOTE: For the purpose of calculating building pad coverage provide the sq. ft. of the "footprint" of all structures, and separately attached trellises, porches, entryways and other architectural features with open roof and with solid roof. PAD NO. 1 BUILDABLE PAD AREA AND STRUCTURES CALCULATION OF BUILDING PAD COVERAGE EXISTING PROPOSED BUILDING PAD sq.ft. sq.ft. RESIDENCE sq.ft. sq.ft. GARAGE sq.ft. sq.ft. STABLE sq.ft. sq.ft. POOL/SPA sq.ft. sq.ft. RECREATION COURT sq.ft. sq.ft. OTHER ACCESSORY BLDGS. sq.ft. sq.ft. POOL EQUIPMENT sq.ft. sq.ft. SERVICE YARD sq.ft. sq.ft. ALL OTHER ATTACHED STRUCTURES WITH SOLID ROOF FROM PREVIOUS PAGE ALL OTHER ATTACHED STRUCTURES WITH OPEN OR PARTIALLY OPEN ROOF FROM PREVIOUS PAGE ALL OTHER DETACHED STRUCTURES FROM PREVIOUS PAGE sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. TOTAL STRUCTURES ON PAD NO. 1 % BUILDING PAD COVERAGE sq. ft. sq.ft. % TOTAL STRUCTURES ON PAD NO. I NOT INCLUDING ATTACHED STRUCTURES WITH OPEN OR PARTIALLY OPEN ROOFS % BUILDING PAD COVERAGE sq.ft. % sq.ft. PAD NO. 2 BUILDABLE PAD AREA EXISTING PROPOSED AND STRUCTURES BUILDING PAD sq.ft. RESIDENCE sq.ft. GARAGE sq.ft. STABLE sq.ft. POOL/SPA sq.ft. RECREATION COURT sq.ft. OTHER ACCESSORY BLDGS. sq.ft. POOL EQUIPMENT sq.ft. SERVICE YARD sq.ft. ALL OTHER ATTACHED STRUCTURES WITH SOLID ROOF FROM PREVIOUS PAGE ALL OTHER ATTACHED STRUCTURES WITH OPEN OR PARTIALLY OPEN ROOF FROM PREVIOUS PAGE sq.ft. sq.ft. ALL OTHER DETACHED STRUCTURES FROM PREVIOUS PAGE sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. TOTAL STRUCTURES ON PAD NO. 2 sq.ft. % BUILDING PAD COVERAGE sq.ft. TOTAL STRUCTURES ON PAD NO. 2 NOT INCLUDING ATTACHED STRUCTURES WITH OPEN OR PARTIALLY OPEN ROOFS BUILDING PAD COVERAGE sq.ft. ALL PADS TOTAL STRUCTURES ON ALL PADS sq.ft. TOTAL AREA OF ALL PADS sq.ft. % COVERAGE ON ALL PADS sq.ft. sq.ft. sq.ft. 4V-t sok-v-k 0 ° ° 62Aft") c. Renting of the guest house is prohibited. d. Occupancy of the guest house shall be limited to persons employed on the premises or by the immediate family or temporary guests of the occupants of the main residence. No guest may remain in occupancy for more than thirty days in any six-month period. M. The basement shall not exceed 835 square feet and all requirements for the basements shall be met subject to Section 17.12.020 of the City of Rolling Hills Zoning Code and the Los Angeles County Building Code. feet. N. The area prepared for the sports court shall not exceed 7,190 square O. Court lighting shall not be permitted. P. Noise from sports court use shall not create a nuisance to owners of surrounding properties. Q. All retaining walls incorporated into the court shall not be greater than four (4) feet in height at any point. Exposed exterior retaining walls shall not be permitted, and shall be screened by landscaping. Building permit shall be obtained for the retaining walls. R. The sports court fencing shall not exceed 4 feet in height above the 4-foot high retaining walls for a total of 8 feet on all sides. The sports court shall be screened on all four sides with drought- resi''mature trees and shrubs. In addition, all graded areas shall be re - vegetated utilizing to the greatest extent feasible mature native and drought resistant plants. All disturbed areas shall be landscaped. Landscaping shall include watkrefficient irrigation, that incorporates low gallonage irrigation system, utilizes automatic controllers, incorporates an irrigation design using "hydrozones," considers slope factors and climate conditions in design, and utilizes means to reduce water waste resulting from runoff and overspray in accordance with Section 17.27.020 (Water Efficient Landscaping Requirements) of the Rolling Hills Municipal Code. Prior to the issuance of any building or grading permit two copies of a preliminary landscape plan shall be submitted for review by the Planning Department. Native trees and other native plants shall be utilized, and which are consistent with the rural character of the community. If trees are to be used in the landscaping scheme for this project, they shall be mature when planted and which at full maturity shall not exceed the height of the structures. Trees and shrubs shall be planted so as not to impair views of neighboring properties but to screen the structures on the site, including the sports court. .17 A security in the amount of the cost estimate of the implementation of the landscaping plan plus 15% shall be required to be posted prior to issuance of a grading and building permits and shall be retained with the City for not less than two years after landscape installation. The retained security will be released by the City Manager after the City Manager determines that the landscaping was installed pursuant to the landscaping plan as approved, and that such landscaping is properly established and in good condition. V. If during construction a construction fence is installed, it shall not block any easements. W. During construction, any soil disturbance shall preserve the existing topography, flora, and natural features to the greatest extent possible. X. The project may be subject to General Permit No. CA-S000002 (Storm Water Discharges Associated with Construction Activities), as determined by the Building and Safety Department. The applicant shall comply with the requirements of this permit as required by the Regional Water Quality Control Board. Y. During construction, conformance with the air quality management district requirements, stormwater pollution prevention practices, county and local ordinances and engineering practices so that people or property are not exposed to undue vehicle trips, noise, dust, and objectionable odors shall be required. Z. During construction, an Erosion Control Plan containing the elements set forth in Section 7010 of the 2001 County of Los Angeles Uniform Building Code shall be followed to minimize erosion and to protect slopes and channels to control stormwater pollution as required by the County of Los Angeles. AA. During and after construction, all parking shall take place on the project site and, if necessary, any overflow parking shall take place within nearby roadway easements. AB. 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. AC. The property owners shall be required to conform to the Regional Water Quality Control Board and County Health Department requirements for the installation and maintenance of septic tanks. AD. The property owners shall be required to conform to the Regional Water Quality Control Board and County Health Department requirements for • City oMo P?.,.9 JhI'f. December 14, 2005 Mr. and Mrs. Philip Cho 25 Portuguese Bend Road Rolling Hills, CA 90274 Dear Mr. and Mrs. Cho: SUBJECT: ZONING CASE NO. 708-Recordation • INCORPORATED JANUARY 2/t, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com I received the Affidavit of Acceptance Form and the Resolution from you. As I explained in the letter dated December 1, 2005, the signatures on the Affidavit of Acceptance Form must be notarized and then mailed (or hand delivered) with the Resolution to the County Registrar -Recorder Office. I am, therefore, returning these documents to you. Please forward (or hand deliver for expeditious processing) the completed forms to: Los Angeles County Registrar -Recorder Real Estate Records Section 12400 East Imperial Highway Norwalk, CA 90650 Include a check in the amount of $9.00 for the first page and $3.00 for each additional page, ($30.00 total). Please feel free to call me at (310) 377-1521 if you have any questions. Yplanta Schwartz Planning Director ®r'r❑Ile(I orl RI; ��a • Cry o/ leo l?:ns December 1, 2005 Mr. and Mrs. Philip Cho 25 Portuguese Bend Road Rolling Hills, CA 90274 CERTIFIED MAIL Dear Mr. and Mrs. Cho: • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com SUBJECT: ZONING CASE NO. 708. Request for a Site Plan Review, Conditional Use Permit and a Variance to construct an addition, a guest house and a tennis court. This letter is to notify you that the City Council adopted a resolution on November 28, 2005, granting your request in Zoning Case No. 708. The City Council's decision in this matter shall become effective immediately. Please be advised that this approval is valid for two years, meaning that you must commence grading/construction within that two-year period, unless you request an extension prior to the expiration date of this approval. I have enclosed a copy of RESOLUTION NO. 1000 specifying the conditions of approval set forth by the City Council and the approved Development Plan to keep for your files. Please complete the enclosed AFFIDAVIT OF ACCEPTANCE FORM, have the signature(s) notarized, and forward (or hand deliver for expeditious processing) the completed form and a copy of the Resolution to: Los Angeles County Registrar -Recorder Real Estate Records Section 12400 East Imperial Highway Norwalk, CA 90650 Include a check in the amount of $9.00 for the first page and $3.00 for each additional page. Please note that that City will allow you to obtain building permits for the additions in order to proceed with your project. However, the grading/building permits for the tennis court and the guest house will be ®Prulk..l c'r Ror.y;lr.,dd (r.rrn.r • • issued only after the Affidavit of Acceptance is recorded and is received by us and any conditions of the Resolution required prior to issuance of building permits are met. For example, you are required to submit a landscaping plan and a security instrument for the implementation of the landscaping plan for all graded areas and the tennis court prior to obtaining grading/building permits. Please assure that you and your contractor are familiar with and adhere to the conditions in this Resolution. Please feel free to call me at (310) 377-1521 if you have any questions. Si c?rely, 02- cL Yolanta Schwartz Planning Director Enclosures: AFFIDAVIT OF ACCEPTANCE FORM RESOLUTION NO. 1000 DEVELOPMENT PLAN cc: Douglas McHattie, Bolton Engineering ( cover letter only) George Sweeny, Architect (cover letter only) 4 • RESOLUTION NO. 1000 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF AN ADDITION, GRANTING A CONDITIONAL USE PERMIT FOR A GUEST HOUSE AND A SPORTS COURT AND GRANTING A VARIANCE TO LOCATE THE SPORTS COURT IN THE FRONT YARD AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 708, AT 25 PORTUGUESE BEND ROAD (LOT 89-A-RH), (CHO). 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. Philip Cho with respect to real property located at 25 Portuguese Bend Road (Lot 89-A-RH), Rolling Hills, CA requesting a Site Plan Review and Conditional Use Permit to permit grading and construction for a 429 square foot addition, 7,072 square foot sports court and 733 square foot guest house. The sports court will be located in the front yard area, which requires a Variance. Section 2. The Planning Commission conducted duly noticed public hearings to consider the application on July 19, 2005, August 16, 2005 and at a field trip visit on August 16, 2005. 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. Section 3. At the October 10, 2005 City Council meeting, the Council took jurisdiction of subject case. Section 4. The City Council conducted duly noticed public hearings to consider the application on October 24, November 14, 2005, November 28, 2005 and at a field trip on November 28, 2005. The applicants were notified of the public hearing 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' representatives were in attendance at the hearings. Section 5. The City Council finds that the project is 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, which is measured from the date that a certificate of occupancy is issued for a prior addition. A 1,222 square foot addition and 835 square foot basement were administratively approved in October of 2004. The size of the addition was 25% of the then existing residence. A Site Plan Review approval is required for the 429 square foot addition, because the total of the additions (1,222 sq.ft. previously approved and the 429 sq.ft. currently proposed) exceed the maximum permitted without a Site Plan Review approval. When completed the residence will be 6,316 square feet and the garage 875 square feet, with an 835 square foot basement. With respect to the Site Plan Review application for the addition and grading for the sports court and the guest house the City Council finds as follows: 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 setbacks and lot coverage requirements. The net lot area of the lot is 222,080 square feet, (5.098 acres). The proposed residence (6,316 sq.ft.), garage (875 sq.ft.), covered porches/entryway (466 sq.ft.), service yard (96 sq.ft.), swimming pool/pool equipment (1,112 sq.ft.), guest house (733 sq.ft.), sports court (7,072 sq.ft.) and the future stable (450 sq.ft.) will have 17,120 square feet of structures, which constitutes 7.7% of the net lot which is within the maximum 20% structural lot coverage requirement. The total lot coverage including all structures, paved areas and driveway will be 28,859 square feet, which constitutes 13.0% 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. The disturbed area of the lot will be 18.4%, which is within the 40% maximum permitted, and includes the future stable. Resolution No. 1000 -1- 4 B. The c opment plan substantially preserves the nWl and undeveloped state of the lot by minimizing building coverage because the new structures will not cause the lot to look overdeveloped. Significant portions of the lot will be left undeveloped so as to maintain open space on the property. The existing shrubs and trees along the southern portion on the parcel will remain and will screen the guest house and the sport court from the street. The nature, condition, and development of adjacent uses, buildings, and structures and the topography of the lot have been considered, and the construction will not adversely affect or be materially detrimental to the adjacent uses, buildings, or structures because the proposed structures 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 which at maturity will not exceed the ridge height of the structures, is of sufficient distance from nearby residences so that the proposed structures will not impact the view or privacy of surrounding neighbors, and will substantially utilize the existing building pads for the new construction. C. The proposed activity is compatible with the General Plan and the Zoning Ordinance. The Land Use Element of the General Plan establishes the maintenance of strict grading practices to preserve the community's natural terrain. The Building Code and the Zoning Ordinance require a balanced cut and fill ratio and do not permit import or export of soil, except under special circumstances applicable to a property and with a discretionary permission by the Planning Commission. The project conforms to the grading requirements, Zoning Code setbacks and lot coverage requirements. D. The proposed development, as conditioned, is harmonious in scale and mass with the site, the natural terrain and surrounding residences. As indicated in Paragraph A, the lot coverage maximum set forth in the Zoning Code will not be exceeded and the proposed project is consistent with the scale of the neighborhood. E. The development plan incorporates existing trees and native vegetation. Specifically, the development plan preserves dense brush and shrubs along the front of the property and supplements it with landscaping that is compatible with and enhances the rural character of the community. F. The development plan follows natural contours of the site to minimize grading and retain the natural drainage courses. Grading for this project will involve 624 cubic yards of cut and 624 cubic yards of fill, which includes 505 cubic yards of cut and 207 cubic yards of fill for the sports court. G. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles because the proposed development will utilize the existing driveway. H. The project conforms to the requirements of the California Environmental Quality Act and is exempt. Section 7. Based upon the foregoing findings, the City Council hereby approves the Site Plan Review application for Zoning Case No. 708 for construction of an addition to the residence, and for grading for the sports court and guest house as shown on the Development Plan dated July 14, 2005, and marked Exhibit A, subject to the conditions contained in Section 14 of this Resolution. Section 8. Section 17.16.210(A)(5) of the Rolling Hills Municipal Code permits approval of a guest house under certain conditions, provided the Planning Commission approves a Conditional Use Permit. The applicant is requesting to construct a 733 square foot guest house. With respect to this request for a Conditional Use Permit, the City Council finds as follows: A. The granting of a Conditional Use Permit for the construction of a guest house would be consistent with the purposes and objectives of the Zoning Ordinance and General Plan and will be desirable for the public convenience and welfare because the use is consistent with similar uses in the community, and the area proposed for the guest house would be located in an area on the property where such use will not change the existing configuration of structures on the lot. B. The nature, condition, and development of adjacent uses, buildings, and structures have been considered, and the construction of a guest house will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures because the proposed guest house will be located in an area to promote pad integration and is of sufficient Resolution No. 1000 -2- distance from nearby r•nces so that the guest house will not impa view or privacy of surrounding neighbors. C. The project is harmonious in scale and mass with the site, the natural terrain, and surrounding residences because the guest house will comply with the low profile residential development pattern of the community. The height of the structure will be restricted to one story. D. The proposed conditional use complies with all applicable development standards of the zone district because the 733 square foot size of the guest house is less than the maximum permitted under the Municipal Code and the guest house does not encroach into any setback areas. E. The proposed conditional use is consistent with the portions of the Los Angeles County Hazardous Waste,Management Plan relating to siting and siting criteria for hazardous waste facilities because the project site is not listed on the current State of California Hazardous Waste and Substances Sites List. F. The proposed conditional use observes the spirit and intent of Title 17 of the Zoning Code because sufficient area exists on the lot for a set aside for a future stable and corral. Section 9. Based upon the foregoing findings and the evidence in the record, the City Council hereby approves a Conditional Use Permit for the construction of an 733 square foot guest house, in accordance with the development plan dated July 14, 2005, and marked Exhibit A in Zoning Case No. 708 subject to the conditions contained in Section 14 of this Resolution. Section 10. Section 17.16.210(A)(7) of the Rolling Hills Municipal Code allows for the construction of a sports court with certain conditions provided the Rolling Hills Planning Commission approves a Conditional Use Permit for such use. With respect to this request for a Conditional Use Permit, the City Council finds as follows: A. The granting of a Conditional Use Permit for the construction of a sports court would be consistent with. the purposes and objectives of the Zoning Ordinance and General Plan and will be desirable for the public convenience and welfare because the use is consistent with similar and appropriately located uses in the community, and the area proposed for the sports court would be located in an area on the property that is on a pad below the residential building pad and will not be visible from any neighbor or roadway, and will not have a material impact on that property. B. The nature, condition, and development of adjacent uses, buildings, and structures have been considered, and the construction of a 7,072 square foot sports court will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures because the proposed sports court will be constructed on a portion of the secondary building pad, will be the least intrusive to surrounding properties, will be screened and landscaped with mature trees and shrubs, is of sufficient distance from nearby residences so that the sports court will not impact the view or privacy of surrounding neighbors and will permit the owners to enjoy their property without deleterious infringement on the rights of surrounding property owners. C. The project is harmonious in scale and mass with the site, the natural terrain, and surrounding residences because the sports court will comply with the low profile residential development pattern of the community and is located on property that is adequate in size, shape and topography to accommodate such use, even though it will be located in front of the residence, in the front yard area. D. The proposed conditional use complies with all applicable development standards of the zone district because the graded area will not exceed maximum graded areas of 10,000 square feet and does not exceed the maximum permitted cubic yardage of 750 cubic yards. E. The proposed conditional use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan related to siting and siting criteria for hazardous waste facilities because the project site is not listed on the current State of California Hazardous Waste and Substances Sites List. F. The proposed conditional use observes the spirit and intent of Title 17 of the Zoning Code because sufficient area exists on the lot for a set aside for a future stable and corral. Resolution No. 1000 -3- 4. Section 11. lased upon the foregoing findings and thellikence in the record, the City Council hereby approves the Conditional Use application for Zoning Case No. 708 for the proposed sports court, subject to the conditions contained in Section 14 of this Resolution. Section 12. 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. A Variance to Section 17.16.210A.7b is required because it states that a sports court may not be located in the front yard or in any setback. The applicant is requesting a Variance to locate the sports court in the front yard area. 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 because the configuration of the lot together with the fact that the house is located near the rear of the lot, making the front yard area large creates difficulty in constructing the sports court elsewhere on the property. Locating the sports court in the front will minimize grading of the lot and will cause the construction to not be in any setbacks and to utilize a partially existing pad area. 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. Strict application of the Zoning Ordinance would deprive the property owner of the right and benefits enjoyed by similarly situated properties in the same vicinity and zone. The encroachment permits the use of the lot to the extent allowed for other properties in the vicinity. The Variance will permit the development of the property in a manner similar to development patterns on surrounding properties and minimize grading. The lot size and configuration, together with the existing development on the lot creates a difficulty in locating the sports court elsewhere on the property. 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. Locating the sports court in the front of the residence will allow the remaining portion of the lot to remain undeveloped and would minimize grading. The sports court will be screened from the adjacent property and the road, as required by the conditions of this approval. Section 13. Based upon the foregoing findings, the City Council hereby approves the Variance for Zoning Case No. 708 to locate the sports court in the front yard area, subject to the conditions specified in Section 14. Section 14. The Site Plan Review approved in Section 7, the Conditional Use Permits approved in Section 9 and Section 11 and the Variance approved in Section 13 of this Resolution are subject to the following conditions: A. The Site Plan Review, Conditional Use Permits and Variance 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), 17.37.070(A) and 17.42.070(A) of the Rolling Hills Municipal Code, or the approval granted is otherwise extended pursuant to the requirements of those sections. B. 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. C. All requirements of the Building and Construction Ordinance, the Zoning Ordinance, and of the zone in which the subject property is located must be complied with unless otherwise set forth in the Permit, or shown otherwise on an approved plan. D. The lot shall be developed and maintained in substantial conformance with the site plan on file marked Exhibit A and dated July 14, 2005, except as otherwise provided in these conditions. Resolution No. 1000 -4- • E. The pro. on which the project is located shall conean area of sufficient size to also provide an area meeting all standards for a stable and corral with vehicular access thereto in conformance with recreation court and guest house limitations. F. The working drawings submitted to the County Department of Building and Safety for plan check review must conform to the development plan approved with this application. G. Grading shall not exceed 624 cubic yards of cut and 624 cubic yards of fill and shall be balanced on site, which includes grading for the sports court of 505 cubic yards of cut and 207 cubic yards of fill. H. Structural lot coverage shall not exceed 17,120 square feet or 7.7%. I. Total lot coverage of structures and paved areas shall not exceed 28,859 square feet or 13.0% in conformance with lot coverage limitations. J. The disturbed area of the lot shall not exceed 40,920 square feet or 18.4% of the net lot area in conformance with lot disturbance limitations. K. Residential building pad coverage on the 38,975 square foot residential building pad shall not exceed 9,582 square feet or 24.6%, which includes the guest house and the future stable but not including the covered porches, as the porches are less than 10% of the size of the residence; the sports court pad coverage shall not exceed 98.4% of the 7,190 square foot pad. L. The proposed guest house shall not exceed 733 square feet and shall meet all requirements of the Zoning Code, which include, but is not limited to the following: a. No kitchen or other cooking facilities shall be provided within the guest house. b. No vehicular access or paved parking area shall be developed within fifty feet of the proposed guest house. c. Renting of the guest house is prohibited. d. Occupancy of the guest house shall be limited to persons employed on the premises or by the immediate family or temporary guests of the occupants of the main residence. No guest may remain in occupancy for more than thirty days in any six-month period. M. The basement shall not exceed 835 square feet and all requirements for the basements shall be met subject to Section 17.12.020 of the City of Rolling Hills Zoning Code and the Los Angeles County Building Code. N. The area prepared for the sports court shall not exceed 7,190 square feet. O. Court lighting shall not be permitted. P. Noise from sports court use shall not create a nuisance to owners of surrounding properties. Q. All retaining walls incorporated into the court shall not be greater than four (4) feet in height at any point. Exposed exterior retaining walls shall not be permitted, and shall be screened by landscaping. Building permit shall be obtained for the retaining walls. R. The sports court fencing shall not exceed 4 feet in height above the 4-foot high retaining walls for a total of 8 feet on all sides. S. The sports court shall be screened on all four sides with drought -resistant mature trees and shrubs. In addition, all graded areas shall be re -vegetated utilizing to the greatest extent feasible mature native and drought resistant plants. T. All disturbed areas shall be landscaped. 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 in design, and utilizes means to reduce water waste resulting from runoff and overspray in accordance with Section 17.27.020 (Water Efficient Landscaping Requirements) of the Rolling Hills Municipal Code. U. Prior to the issuance of any building or grading permit two copies of a preliminary landscape plan shall be submitted for review by the Planning Department. Native trees and other native plants shall be utilized, and which are consistent with the rural character of the community. If trees are to be used in the landscaping scheme for this project, Resolution No. 1000 -5- they shall be mat hen planted and which at full maturity s not exceed the height of the structures. Trilillnd shrubs shall be planted so as not to i, it views of neighboring properties but to screen the structures on the site, including the sports court. A security in the amount of the cost estimate of the implementation of the landscaping plan plus 15% shall be required to be posted prior to issuance of a grading and building permits and shall be retained with the City for not less than two years after landscape installation. The retained security will be released by the City Manager after the City Manager determines that the landscaping was installed pursuant to the landscaping plan as approved, and that such landscaping is properly established and in good condition. V. If during construction a construction fence is installed, it shall not block any easements. W. During construction, any soil disturbance shall preserve the existing topography, flora, and natural features to the greatest extent possible. X. The project may be subject to General Permit No. CA-S000002 (Storm Water Discharges Associated with Construction Activities), as determined by the Building and Safety Department. The applicant shall comply with the requirements of this permit as required by the Regional Water Quality Control Board. Y. During construction, conformance with the air quality management district requirements, stormwater pollution prevention practices, county and local ordinances and engineering practices so that people or property are not exposed to undue vehicle trips, noise, dust, and objectionable odors shall be required. Z. During construction, an Erosion Control Plan containing the elements set forth in Section 7010 of the 2001 County of Los Angeles Uniform Building Code shall be followed to minimize erosion and to protect slopes and channels to control stormwater pollution as required by the County of Los Angeles. AA. During and after construction, all parking shall take place on the project site and, if necessary, any overflow parking shall take place within nearby roadway easements. AB. 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. AC. The property owners shall be required to conform to the Regional Water Quality Control Board and County Health Department requirements for the installation and maintenance of septic tanks. AD. The property owners shall be required to conform to the Regional Water Quality Control Board and County Health Department requirements for the installation and post construction maintenance of stormwater drainage facilities. AE. 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. AF. The property shall drain towards Portuguese Bend Road. Prior to the submittal of an applicable final building plan to the County of Los Angeles 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 their review and approval. Such plan shall include all water from any site irrigation systems and assure that all drainage from the site is conveyed in an approved manner towards Portuguese Bend Road. AG. If an above drainage swale or a dissipater is to be constructed it shall be designed in such a manner as not to cross over any equestrian trails or discharge water onto a trail, shall incorporate earth tone colors, and shall be screened from the road and neighbors' views to the maximum extent practicable, without impairing the function of the drainage system. AH. Prior to issuance of a grading or building permit, the project shall be reviewed and approved by the Rolling Hills Community Association. Resolution No. 1000 -6- AI. All utilit. shall be placed underground. The roof milk for the residence and guest house shall comply with the City of Rolling Hills Building Code requirements. AJ. Until the applicants execute an Affidavit of Acceptance of all conditions of this Site Plan Review, CUPs and Variance approvals, as required by the Municipal Code, the approvals shall not be effective. AK. All conditions of the Site Plan, Variance and Conditional Use approvals, that apply, shall be complied with prior to the issuance of grading or building permit from the County of Los Angeles. PASSED, APPROVED AND ADOPTED THIS 28th DAY OF NOVEMBER 2005. QQDFREY PkREI4LMAYOR ATTEST: ,ti,kt;}}--y;1 . MARILYN KERN, DEPUTY CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS §§ I certify that the foregoing Resolution No. 1000 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 AN ADDITION, GRANTING A CONDITIONAL USE PERMIT FOR A GUEST HOUSE AND A SPORTS COURT AND GRANTING A VARIANCE TO LOCATE THE SPORTS COURT IN THE FRONT YARD AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 708, AT 25 PORTUGUESE BEND ROAD (LOT 89-A-RH), (CHO). was approved and adopted at a regular meeting of the City Council on November 28, 2005 by the following roll call vote: AYES: Councilmembers Black, Heinsheimer, Hill, Mayor Pro Tern Lay and Mayor Pernell. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. t, ? .1-141 i DEPUTY CITY CLERK Resolution No. 1000 -7- •City DATE: NOVEMBER 28, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ATTN: CRAIG R. NEALIS, CITY MANAGER FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com Agenda Item No.: 6A Mtg. Date: 11/ 28 / 05 APPLICATION NO. ZONING CASE NO. 708 SITE LOCATION: 25 PORTUGUESE BEND ROAD, (LOT 89-A-RH) ZONING AND SIZE: RA-S-2, 6.64 ACRES (GROSS) APPLICANT: MR. AND MRS. PHILIP CHO REPRESENTATIVE: DOUGLAS MCHATTIE, BOLTON ENGINEERING GEORGE SWEENEY, ARCHITECT DATE PUBLISHED OCTOBER 1, 2005 REQUEST REQUEST FOR A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF AN ADDITION, GUEST HOUSE, SPORTS COURT AND FUTURE STABLE; CONDITIONAL USE PERMITS TO CONSTRUCT THE SPORTS COURT AND THE GUEST HOUSE AND A VARIANCE TO LOCATE THE SPORTS COURT IN THE FRONT YARD AREA OF THE PROPERTY AT AN EXISTING SINGLE FAMILY RESIDENCE. BACKGROUND 1. The City Council visited the site earlier today. 2. The applicants request a Site Plan Review for grading and construction of 429 square foot addition to the existing residence and garage, 733 square foot guest house and 7,072 square foot sports court. A Conditional Use Permit is required for the guest house and the sports court and a Variance is required to locate the sports court in the front yard area of the lot. Future 450 square foot stable with 550 square foot corral are proposed to be located in the rear. 3. The property is zoned RAS-2. The gross lot area is 6.64 acres. The net lot area for development purposes is 222,080 square feet, (5.1 acres). 7(' NC) 7f1R 'o Printed on Recycled Paper. • • 4. The property is currently developed with 6,102 square foot residence (1,222 sq.ft. addition is currently under construction), 660 square foot garage, 1,032 square foot swimming pool with 80 square foot pool equipment area, 96 square foot service yard and has 466 square feet of covered porches. A 1,222 square foot addition and 835 square foot basement were administratively approved in October of 2004. The size of the addition was 25% of the then existing residence. However, a Site Plan Review approval is now required for the 429 square foot addition, because the total of the additions (1,222 sq.ft. previously approved and the 429 sq.ft. currently proposed) exceed the maximum permitted construction without a Site Plan Review approval. Pursuant to the Zoning Ordinance, a Site Plan Review is not required for additions, which do not exceed 1,000 square feet, which is at least 25% of the size of the residence in any 36 month period (calculated from the date that a certificate of occupancy is issued for a prior addition). When completed the residence will be 6,316 square feet and the garage 875 square feet, with an 835 square foot basement. 5. The applicants propose to utilize the existing driveway approach to the property, and to the future stable. The property is accessed through Pheasant Lane, which is a "double private" roadway. The future stable and corral are proposed to be located 33 feet from the rear property line. 6. The development of the proposed 733 square foot guest house is subject to conditions in Section 17.16.210(A5) of the Zoning Ordinance and requires a Conditional Use Permit. No kitchen or other cooking facilities are allowed in the guest house. The quest house is proposed to be located in the side yard. A list of development standards for a guest house is included in the staff report. 7. The proposed 7,072 square foot sports court is subject to conditions in Section 17.16.210(A7) of the Zoning Ordinance and requires a Conditional Use Permit. The sports court is proposed to be located in the front yard along the northern portion of the lot, and requires a Variance. A list of development standards for a tennis court/ sports court is included in the staff report. 8. Pursuant to the Zoning Code requirements a sports court must be screened on all sides with mature plants at the time of planting, a landscaping plan for the sports court area is required to be submitted and reviewed by staff and the landscaping consultant and a performance bond for implementing the landscaping plan must be deposited with the City. The City keeps the deposit for a minimum of two years after planting. If after two years of planting, staff determines that the landscaping is in good condition and the court is screened the security deposit is released to the property owner. 9. Although the height and material of fencing is regulated by the Rolling Hills Community Association, (except for the maximum 4-foot retaining wall), the Planning Commission in this case established a maximum height fence of 8 feet, which includes the 4-foot retaining wall along portions of the court. 10. Grading for the project will require 624 cubic yards of cut soil and 624 cubic yards of fill soil, which will be balanced on site. Out of the 1,248 cubic 7C' Nn 7(1R ® • • yards of cut and fill, a total of 712 cubic yards is proposed to be generated for grading of the sports court. Out of the 712 cubic yards, 505 cubic yards will be cut and 207 cubic yards will be utilized for fill for the sports court. Pursuant to the Zoning Code when grading is required for a sports court, cut and fill must be balanced on site and must not exceed a total cut and fill of 750 cubic yards. A not to exceed four foot wall is proposed along the western portion of the sports court and along a portion of the north and south sides of the court. 11. Drainage is designed to divert water runoff to the front of the property towards Portuguese Bend Road. The water is proposed to be dissipated on the property. One dissipater is proposed to be located below the guest house and one below the sports court. The City Council may place a condition on the development that the dissipater be of earth tone color. 12. The structural lot coverage on the 222,080 square foot net lot area is proposed to be 17,120 square feet or 7.7%, which includes the residence, garage, pool and pool equipment, covered porches, service yard, guest house, sports court and the future stable, (20% permitted); and the total lot coverage proposed including the structures and paved areas will be 28,859 square feet or 13.0%, (35% permitted). 13. Two building pads are proposed. The residential building pad is proposed to be 38,975 square feet. Building pad coverage on this pad is proposed to be 9,582 square feet or 24.6%, not including the 466 sq.ft. covered porch. (The proposed porch is less than 10% of the size of the residence, and therefore the entire 466 sq.ft. porch is not counted towards building pad coverage). The existing building pad coverage is 20.0%. The residential building pad includes the proposed guest house and future stable. The sports court building pad is proposed to be 7,190 square feet. Coverage on this pad is proposed to be 7,072 square feet or 98.4%. The combined coverage on both building pads is proposed at 36.0% not including the covered porch. 14. Disturbed area of the lot is proposed to be 40,920 square feet or 18.4%, (40% permitted) of the net lot area. Disturbance includes any remedial grading (temporary disturbance), any graded slopes and building pad areas, and any nongraded area where impervious surfaces will remain or are proposed to be added. A portion of the residential building pad is not disturbed, and is therefore not counted towards disturbance. This area is not planned to be disturbed with this proposal. 15. In response for justification for the Variance to locate the sports court in the front yard area, the applicants' representative states that the location of the residence, towards the rear of the property, and the topography of the lot precludes any development in the rear of the residence. He further states that the sports court follows the natural shape of the hillside on which it is located. In addition, most of the existing vegetation will remain intact and additional planting will screen the court. The lot is so large that the proposed location of the sports court will not be detrimental to any future developments on the adjacent lots. 7C Nn 7f1R • • 16. In 1996 a subdivision application was approved for subject property and adjacent lots. The approval expired in 1999. During the subdivision application proceedings, a Mature Native Vegetation Area (MNV) was designated along Portuguese Bend Road spanning all lots. The proposed development will not affect the MNV area, as no significant native vegetation was found in the area of the proposed development. The residence was constructed in 1959. The swimming pool was constructed in 1963. Several alterations and additions, including a fall out shelter were constructed between 1961 and 1967. 17. Utilities to the structures will be placed underground. 18. The Rolling Hills Community Association will review this project at a later date. 19. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). RECOMMENDATION It is recommended that the City Council open the continued public hearing, take public testimony and provide direction to staff. 7C Nn 7n5z ZONING CASE NO. 708 SITE PLAN REVIEW RA-S- 2 ZONE SETBACKS Front: 50 ft. from front easement line Side: 35 ft. from property line • Rear: 50 ft. from property line STRUCTURES (Site Plan Review required if size of structure increases by at least 1,000 sq.ft. and has the effect of increasing the size of the structure by more than 25% in a 36- month period). STRUCTURAL LOT COVERAGE (20% maximum) TOTAL LOT COVERAGE (35% maximum) RESIDENTIAL BUILDING PAD COVERAGE (30% maximum-auidelinel SPORTS COURT PAD COVERAGE TOTAL COVERAGE GRADING Site Plan Review required if excavation and/or fill or combination thereof that is more than 3 feet in depth or covers more than 2,000 sq.ft.) Must be balanced on site.{Sports court max total cut & fill allowed -750 c.y.} DISTURBED AREA (40% maximum; any graded building pad area, any remedial grading (temporary disturbance), any graded slopes and building pad areas, and any nongraded area where impervious surfaces exist.) STABLE (min. 450 SQ.FT. & 550 SQ.FT. CORRAL) STABLE ACCESS ROADWAY ACCESS VIEWS PLANTS AND ANIMALS EXISTING SINGLE FAMILY RESIDENCE Residence Garage Swim Pool Pool equip. Stable Service yard Covered porches Basement 6102 sq.ft. 660 sq.ft 1032 sq.ft 80 sq.ft. 0 96 sq.ft. 466 sq.ft. 835 sq.ft. TOTAL 8,436 sq.ft. 3.8% of 222,080 sq.ft. net lot area 8.3% (18,535 sq.ft.) 20.0% of 42,080 sq.ft. pad N/A II PROPOSED ADDITION, GUEST HOUSE AND SPORTS COURT Residence Garage Swim Pool Pool equip. Stable Guest house Coy. Porches Service yard Sports court Basement TOTAL 7.7% of 222,080 sq. ft. 6316 sq.ft. 875 sq.ft. 1032 sq.ft. 80 sq.ft. 450 sq.ft. 733 sq.ft. 466 sq.ft. 96 sq.ft. 7072 sq.ft. 835 sq.ft. 17,120 sq.ft. net lot area 13.0% (28,859 sq.ft.) of 222,080 sq.ft. net lot area 24.6% of 38,975 sq.ft. building pad, not including the porch (porch is less than 10% of the size of the residence) 98.4% of 7,190 sq.ft. pad 36.0% not including the porch 624 cubic yards cut 624 cubic yards fill, including 505 c.y.cut and 207 c.y. fill for sports court 10.8% 18.4% or 40,920 sq.ft of 222,080 sq. ft. net lot area N/A N/A Existing driveway approach from Portuguese Bend Road across adjacent lot I N/A I N/A IFuture 450 sq.ft stable; 550 sq.ft. corral From existing driveway Existing driveway approach from Portuguese Bend Road across adjacent lot I City Council review I City Council review 7e NC) '7f152 • • GUEST HOUSE /SERVANT QUARTERS REQUIREMENTS • Guest house shall not be located in the front yard or any setback. • All guest or servant quarters must be developed on the same recorded lot as the main house. • The building housing the quarters shall not contain more than 800 square feet of net floor area. • No kitchen or other kitchen facilities shall be provided within guest or servant quarters. • No vehicular access or paved parking area shall be developed within 50 feet of the proposed guest house. • The property shall be developed and maintained in substantial conformance with the approved site plan on file. • Occupancy of the proposed guest house or servant quarters shall be limited to persons employed on the premises and their immediate family or by the temporary guests of the occupants of the main residence. No guest may remain in occupancy for more than thirty days in any six-month period. • Renting of guest houses or servant quarters is prohibited. • All requirements of this title must be complied with unless otherwise set forth in the permit or approved plans. • Landscaping plan shall be submitted to the City of Rolling Hills Planning Department staff for approval. The plan submitted must comply with the purpose and intent of site plan review, as specified in Chapter 17.46 of this title. RECREATIONAL SPORTS COURT REQUIREMENTS • A legally required and accessible stable and corral area shall be provided on the site in accordance with Section 17.16.010(A). • A sports court shall not be located in the front yard or any setback. • A sports court shall not be located within fifty feet of any paved road or street easements. • Retaining walls constructed for a sports court shall not exceed four feet in height at any point along the wall; retaining walls shall not be exposed to the exterior; and if necessary to minimize the visual impact, the sports court surface shall be inset or sunken below grade. • The construction of the proposed sports court shall conform to the lot coverage limitations as set forth in Section 17.16.070. • A sports court shall not be located on a slope that exceeds a 2:1 grade. • A sports court shall not be located on the side or bottom of a canyon or in the path of a natural drainage course. • When grading is required for a sports court, cut and fill shall be balanced on site and shall not exceed a total cut and fill of seven hundred fifty cubic yards. 7C Nn 7(1R • When grading is required for a sports court, cut and fill shall be balanced on site and shall not exceed ten thousand square feet. • The existing topography, flora and natural features of the site shall be retained to the greatest extent possible. • Drainage systems shall be incorporated into the sports court and shall be approved by the Department of Building and Safety. • A sports court shall be adequately screened on all four sides. • Landscape screening shall include native or other drought -tolerant mature trees and shrubs, which shall be maintained in a healthy condition. The landscape screening shall not exceed the mature height determined by the Planning Commission or City Council and it may be approved in accordance with the site plan review process pursuant to Chapter 17.46. • Landscaping shall not interfere with the viewscape of surrounding properties or easements pursuant to Chapter 17.26. • Sports court lighting shall not be permitted. • Design and construction of a sports court shall include methods to mitigate visual and noise impacts NEARBY PROPERTIES For information only ADDRESS 2 Pheasant Lane 1 Poppy Trail 100 Saddleback 24 Portuguese Bend 27 Portuguese Bend 34 Portuguese Bend 32 Portuguese Bend 25 Portuguese Bend NAME Askari Sheen Davidson Lacaze Rosenzweig I Husnak I Greenberg I AVERAGE I Cho SQ.FT. RESIDENCE 5,531 6,490 5,951 8,661 5,934 3,721 7,218 6,215 6,316 NET LOT AREA (ACRES) SOURCE: Assessors' records. Garages are not included. 5.0 4.3 3.91 4.48 0.53 3.9 4.52 3.80 6.06 • • VARIANCE REQUIRED FINDINGS A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; and B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; and C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; and D. That in granting the variance, the spirit and intent of this title will be observed; and E. That the variance does not grant special privilege; F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and G. That the variance request is consistent with the General Plan of the City of Rolling Hills. 7r NC) '7(152 • RECORDING REQUESTED BY AND MAIL CITY OF ROLLING HILLS • 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 (310) 377-7288 FAX The Registrar -Recorder's Office requires that the form be notarized before recordation. T Recorders Use Only AFFIDAVIT OF ACCEPTANCE FORM STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) ZONING CASE NO. 708 SITE PLAN REVIEW XX CONDITIONAL USE PERMIT XX VARIANCE X X I (We) the undersigned state: I am (We are) the owner(s) of the real property described as follows: 25 PORTUGUESE BEND ROAD, ROLLING HILLS, CA (LOT 89--RH), 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. 708 SITE PLAN REVIEW XX CONDITIONAL USE PERMIT XX VARIANCE XX 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. State of California ) County of Los Angeles ) On before me, Personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness by hand and official seal. Signature of Notary SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF • Ci1y e/leo Pans �ae� FIELD TRIP RE -NOTIFICATION November 15, 2005 Mr. and Mrs. Philip Cho 25 Portuguese Bend Road Rolling Hills, CA 90274 Dear Mr. and Mrs. Cho: • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com SUBJECT: ZONING CASE NO. 708 request for Site Plan Review, Conditional Use Permit, Variance, (Lot 89-A-RH) This is to inform you that the City Council, at their November 14, 2005 meeting rescheduled the field trip to your property for MONDAY. NOVEMBER 28. 2005 at 8:00 a.m. Your representative(s) must be present to answer any questions the Council members may have. The site must be staked and silhouettes of the proposed structures must be up, together with the height of the tennis wall/fence. Limits of grading should be painted/taped on the ground. Although the Council members expressed concerns over the location/visibility from Portuguese Bend Road of the proposed tennis court, they are reviewing the entire application, and may want to see all of the proposed structures and grading. After the field trip, the next City Council meeting will take place on Monday, November 28, 2005, at 7:30 n.m. at City Hall, at which time the City Council will further discuss and deliberate this project. Please call me at (310) 377-1521 if you have any questions. Sincerely, 4ir ' t, t)(.-k,1. ), Yolanta Schwartz i( Planning Director cc: Douglas McHattie, Bolton Engineering George Sweeney, Architect ®f'rinted on Hucyelyd l iPor • • City .1)l2 PP.,.S JUL FIELD TRIP NOTIFICATION October 26, 2005 Mr. and Mrs. Philip Cho 25 Portuguese Bend Road Rolling Hills, CA 90274 Dear Mr. and Mrs. Cho: INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com SUBJECT: ZONING CASE NO. 708 request for Site Plan Review, Conditional Use Permit, Variance, (Lot 89-A-RH) This is to inform you that the City Council, at their October 24, 2005 meeting rescheduled the field trip to your property for THURSDAY. NOVEMBER 17. 2005 at 8:00 a.m. Your representative(s) must be present to answer any questions the Council members may have. The site must be staked and silhouettes of the proposed structures must be up, together with the height of the tennis wall/fence. Limits of grading should be painted/taped on the ground. Although the Council members expressed concerns over the location/visibility from Portuguese Bend Road of the proposed tennis court, they are reviewing the entire application, and may want to see all of the proposed structures and grading. After the field trip, the next City Council meeting will take place on Monday. November 28, 2005, at 7:30 p.m. at City Hall, at which time the City Council will further discuss and deliberate this project. Please call me at (310) 377-1521 if you have any questions. Sincerely, ((1V"1 Ydl nta Schwartz Planing Director cc: Douglas McHattie, Bolton Engineering George Sweeney, Architect ®Printr, I • City 0/ leoeenS�r,Pe September 27, 2005 Mr. and Mrs. Philip Cho 25 Portuguese Bend Road Rolling Hills, CA 90274 Dear Mr. and Mrs. Cho: • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com SUBJECT: ZONING CASE NO. 708, request for Site Plan Review, Conditional Use Permits and a Variance. This letter shall serve to notify you that the City Council at their September 26, 2005 meeting reviewed your case and took it under jurisdiction. This means that the City Council would like to assess this case on their own and that new public hearings will be held before the City Council. Members of the City Council expressed concern about the tennis court and whether it would be visible from Portuguese Bend Road. The City Council set your case for a public hearing on October 10, 2005 at 7:30 P.M. at City Hall. At that meeting a field trip to the property will be scheduled for sometimes after the October 10, 2005 meeting and before their next meeting, which will be on October 24, 2005. Please submit 8 sets of site plan for the project including the vicinity map as well as cross sections for the court, guest house and future stable. Please also provide elevation plans for the tennis court showing a maximum 8-foot fence, (as permitted by Code). The plans must be stamped by the engineer and submitted no later than Tuesday, October 3, 2005. A preliminary landscaping plan, showing how the tennis court and the other structures will be screened may also be helpful, but is not required. A Notice of Public Hearing will be mailed to you on Friday, September 30, 2005 and a copy of the staff report that will be presented to the City Council will be mailed to you on October 7, 2005. Your representative(s) must be present at the meetings. Please feel free to call me at (310) 377-1521 if you have any questions. Siracel ly, poij.� Y161anta Schwartz Planning Director Cc; Douglas McHattie, Bolton Engineering George Sweeney, Architect @Printed on Recycled Pnpre • • /City o Roiling „Alio ,.:‘::t::,;',i',1:TI:CED J.!-i:O..1.1,1 : , ,:••••* NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310)377-1521 FAX: (310) 377.7288 E-mail: cityofrh@aol.com September 21, 2005 Mr. and Mrs. Philip Cho 25 Portuguese Bend Road Rolling Hills, CA 90274 Dear Mr. and Mrs.Cho: SUBJECT: ZONING CASE NO. 708A and 708B, Request for rear yard determination and request for a Site Plan Review, Conditional Use Permit and a Variance to construct an addition, a guest house and a tennis court. This letter shall serve to notify you that the Planning Commission at their regular meeting on September 20, 2005, adopted a Resolution granting your request in Zoning Cases No. 708A and 708B. That action, accompanied by the record of the proceedings before the Commission will be reported to the City Council on Monday. September 26, 2005. at their regular meeting beginning at 7:30 PM. You or your representative should be present to answer any auestions the Council may have. The Planning Commission's decision in this matter shall become effective thirty days after the adoption of the resolution by the Commission, unless an appeal has been filed or the City Council takes jurisdiction of the case within that thirty (30) day appeal period. (Section 17.54.010(B) of the Rolling Hills Municipal Code). Should there be an appeal, the Commission's decision will be stayed until the Council completes its proceedings in accordance with the provisions of the Municipal Code. If no appeals are filed within the thirty (30) day period after adoption of the Planning Commission's resolution, the Planning Commission's action will become final and you will be required to cause to be recorded an Affidavit of Acceptance Form together with the subject resolution in the Office of the County Recorder before the Commission's action takes effect. A copy of the staff report to the City Council will be forwarded to you on Friday, September 23, 2005. Following the City Council's action, I will mail to you instructions for recordation of the Affidavit Of Acceptance Form and the Resolution, unless the Council takes the case under jurisdiction. Please feel free to call me at (310) 377-1521 if you have any questions. Sin 'rely, 51:64 Yolanta Schwartz Planning Director cc: Douglas McHattie, Bolton Engineering George Sweeney, Architect • City o/ k'0f/Lg .J1i NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com August 22, 2005 Mr. and Mrs. Philip Cho 25 Portuguese Bend Road Rolling Hills, CA 90274 SUBJECT: ZONING CASE NO. 708A & B, Request for a rear setback determination, Site Plan Review, Conditional Use Permits and a Variance, (Lot 89-A-RH) Dear Mr. and Mrs. Cho: This letter shall serve to notify you that the Planning Commission voted at their regular meeting on August 16, 2005 to direct staff to prepare resolutions to approve your request in Zoning Case No. 708A & B and shall be confirmed in the draft resolutions that are being prepared. The Planning Commission will review and consider the draft resolutions, together with conditions of approval, at an upcoming meeting on September 20, 2005 and make its final decision on your application for determination of the rear yard and construction of a guest house, game court and additions to the existing residence. The findings and conditions of approval of the draft resolutions will be forwarded to you before the Planning Commission meeting. The decision shall become effective thirty days after the adoption of the Planning Commission's resolutions unless an appeal has been filed or the City Council takes jurisdiction of the case within that thirty (30) day appeal period. (Section 17.54.010(B) of the Rolling Hills Municipal Code). Should there be an appeal, the Commission's decision will be stayed until the Council completes its proceedings in accordance with the provisions of the Municipal Code. As stated above, the Planning Commission's action taken by resolution approving the development application is scheduled for Tuesday, September 20, 2005. That action, accompanied by the record of the proceedings before the Commission, is tentatively scheduled to be placed as a report item on the City Council's agenda at the Council's regular meeting on Monday September 26, 2005. Feel free to call me at (310) 377-1521 if you have any questions regarding this matter. ly, Yolanta Schwartz, Planning Director cc: Douglas McHattie, Bolton Engineering CITY OF ROLLING HILLS FAX TRANSMISSION TO: FROM: DATE: SUBJECT: Doug McHattie. Bolton Engineering Yolanta Schwartz, Planning Director MAY 16, 2005 25 PORTUGUESE BEND ROAD Doug, after reviewing the very preliminary, information that I have on this application, there are several matters that need attention: 1. Lot Line Adjustment application and fees 2. CUP applications for sports court and guest house 2. What's the APN of the parcel with which the lot line adj. is proposed? Is it 7569- 12-01? 3. Per our conversation, all applications, lot line adj. and the SPR and CUPs must be submitted and processed concurrently. Or you can process the lot line adjustment first, but not the structural applications. 4. Grading for sports court may not exceed 750 c.y. (shown 776 c.y.) Separate the grading quantities for each request, (see requirements). 5. Guest house, sports court or any detached structure may not be located in the front yard (see definition). Since I do not have a plan, I'm not sure if I'm remembering it right. But it seems that the sports court is proposed to be located in the front yard (the area between the front easement line and the leading edge of the residence). If that's the case a Variance would be required ($1,250). If a guest house is to be located similarly, then a Variance would also be required. (Just like Mills on 44 Port. Bnd. Rd.). That's all for now. If you would like to place this on the June 21, 2005 Planning Commission agenda, I must have all the applications, information and fees ASAP. 7 PACKSADDLE RD. E. Please remember to submit a description and a plan for the driveway at 7 Packsaddle Rd. E. this week. 40 PORTUGUESE BEND RD. Is there anything new about the Su project that I may need to know before the field trip? The field trip is at 5:30. 17.16.210 structure shall be used exclusively for the purpose of keeping horses or other permitted animals; f. There shall be no sleeping quarters, temporary occupancy or kitchen/cooking facilities or equipment in any portion of the detached garage or mixed use structure; g. A loft area may be constructed only over a stable area of the structure, pursuant to this ti- tle and the building code; h. Where the garage, stable or any other use that is specified on the approved plan is converted to another use, or if the proportions of any approved use is changed without required approvals, the permit granting the mixed use structure may be revoked, pursuant to Chap- ter 17.58, and the structure shall be removed at the cost of the property owner; i. If any conditions of the permit are violated, or if any law, statute or ordinance is violated, the permit may be revoked and the privileges granted by the permit shall lapse, provided that the property owner has been given written notice to cease such violation and has failed to do so for a period of thirty days, and fur- ther provided that the owner has been given an opportunity for a hea .4"Ndiai�� Recreational Game Courts. Tennis, racquet- ball and squash courts, and any other fenced, enclosed, paved or hard -surfaced areas used for recreational pur- poses shall adhere to the following conditions: a. A legally required and accessible sta- ble and corral area shall be provided on the site in ac- cordance with Section 17.16.010(A); b. A game court shall not be located in the front yard or any setback; c A game court shall not be located within fifty feet of any paved road or street easements; d. Retaining walls constructed for a game court shall not exceed four feet in height at any point along the wall; retaining walls shall not be exposed to the exterior; and if necessary to minimize the visual im- pact, the game court surface shall be inset or sunken be- low grade; e. The construction of the proposed game court shall conform to the lot coverage limitations as set forth in Section 17.16.070; 218-2i (Rolling Hills #4, 3/05) 17.16.210 f. A game court shall not be located on a slope that exceeds a 2:1 grade; g. A game court shall not be located on the side or bottom of a canyon or in the path of a natural drainage course; h. When grading is required for a game court, cutting and filling shall be balanced on site and shall not exceed a total cut and fill of seven hundred fifty cubic yards; i. When grading is required for a game court, cutting and filling shall be balanced on site and shall not exceed ten thousand square feet; j. The existing topography, flora and natural features of the site shall be retained to the greatest extent possible; k. Drainage systems shall be incorporated into the game court and shall be approved by the City En- gineer; 1. A game court shall be adequately screened on all four sides; m. Landscape screening shall include na- tive or other drought -tolerant mature trees and shrubs which shall be maintained in a healthy condition. The landscape screening shall not exceed the mature height de- termined by the Planning Commission or City Council and shall be approved in accordance with the site plan review process pursuant to Chapter 17.46; n. Landscaping shall not interfere with the viewscape of surrounding properties or easements pur- suant to Chapter 17.26; o. Game court lighting shall not be per- mitted; p. Design and construction of a game court shall include methods to mitigate visual and noise im- pacts. 8. Hobby Shop. a. Hobby shop shall not be located in the front yard or any setback. b. The size of a hobby shop shall not ex- ceed eight hundred square feet. c. No kitchen or other cooking facilities shall be permitted. d. No sleeping quarters shall be permit- ted. 218-2j (Rolling Hills #4, 3/05) • • 17.12.190 17.12.190 "S" words, terms and phrases. "Sanitary sewer" means pipes that carry only domestic or commercial sewage and into which storm, surface and ground waters are not intentionally admitted. "Satellite dish antenna" means a parabolic or disc - shaped antenna of either solid or mesh construction in- tended for the purpose of receiving communications from orbiting satellite transceivers. "Septic system" means an underground system with a septic tank used for the decomposition of domestic wastes. ,i'` Setback" means an open space on a lot that, except aS'otherwise provided in this title, is unoccupied or un- obstructed by any structures aboveground. When a required setback dimension is given, it represents the minimum horizontal distance between the lot line or roadway ease- ment from which the distance must be measured and a line parallel to the lot line or roadway easement. "Setback line" means a line within a lot parallel to and measured from a corresponding lot line or easement line, forming the boundary of a required yard, and govern- ing the placement of structures and uses on the lot. Side Yard. See "yard, side." "Stable" means a building or portion of a building used to shelter and feed permitted domestic animals which are used exclusively by the occupants of the property on which the stable is situated. Standards, Development. "Development standards" means the physical design and development portion of this title controlling such items as building pad coverage, yard areas, height of structures or fencing. "Storage area" means as the term is described in Sec- tion 17.12.080*of this chapter. "Story" means as that term is defined in Section 15.04.080 of this code. "Street" means a vehicular right-of-way, excluding driveways. "Structure" means a combination of materials assem- bled in a form for use, occupancy or -ornamentation whether installed on, above or below the surface of land or water and requiring a fixed location or attached to something having a fixed location. Structure shall also include, but not be limited to, fences, retaining walls, covered porches, entryways, porte cochere, latticework, trellises, pilasters, fountains, pools, spas, pool/spa equipment, 205 (Rolling Hills #4, 3/05) 17.12.230--17.12.250 visions deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning. Any variance granted will assure that the adjustment granted will not constitute a special privilege. "View" means a view from a principal residence and any immediately adjoining patio or deck area at the same elevation as the residence which consists of a visually impressive scene or vista not located in the immediate vi- cinity of the residence, such as a scene of.the Pacific Ocean, off -shore islands, city lights of the Los Angeles basin, the Palos Verdes Hills or Los Angeles Harbor. "View impairment" means a significant interference with and obstruction of a view by landscaping, trees or any other planted vegetation. (Ord. 239 §11(part), 1993). 17.12.230 "W" words, terms and phrases. "Water fea- ture" means a formation containing water, other than a pool or a spa, and including, but not be limited to a fish pond, reflection pond, stream, creek, fountain, water fall and similar structures or uses. "Window" means an opening in a wall of a building de- signed to allow light and/or ventilation into a room of a building, and enclosed by casement or sash containing glass or other similar transparent or semitransparent ma- terial. "(Ord. 295 §7 (Exh. B (part)), 2004; Ord. 239 §11(part), 1993). 17.12.240 "X" words, terms and phrases. "Xeriscape" means landscaping consisting of vegetation which is drought resistant and requires limited watering. (Ord. 239 §11(part), 1993) . 17.12.250 "Y" words, terms and phrases. Yard, 7Front. "Front yard" means' the space extending across the full width of the lot between the side lot lines, the depth of which is measured between the front roadway ease- ment line and either the nearest line of the primary building or the nearest line of any enclosed or covered porch attached thereto. Yard, Rear. "Rear yard" means the space extending across the full width of the lot between the side lot lines, the depth of which is measured between the rear lot line and the nearest rear line of the primary, building or the nearest line of any enclosed or covered porch. Where 207 (Rolling Hills #4, 3/05)