669, Extention to previously approv, Resolutions & Approval Conditions•
RESOLUTION NO. 2004-24
A RESOLUTION OF THE PLANNING COMMISSION
OF• THE CITY OF ROLLING HILLS APPROVING A
MODIFICATION TO PLANNING COMMISSION
RESOLUTION NO. 2003-19 AND APPROVING AN
EXTENSION TO PREVIOUSLY APPROVED SITE PLAN
REVIEW FOR GRADING AND CONSTRUCTION OF A
NEW SINGLE FAMILY RESIDENCE AND A STABLE ON A
VACANT PARCEL OF LAND IN ZONING CASE NO. 669
AT 3 APPALOOSA LANE (LOT 246-MS),
(FOZOONMEHR).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS
DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. A request has been filed by Dr. and Mrs. Fozoonmehr with respect
to real property located at 3 Appaloosa Lane (Lot 246-MS), Rolling Hills requesting an
extension to previously approved Site Plan Review to permit grading and construction
of a new residence and a stable.
Section 2. The Commission considered this item at a meeting on November 16,
2004, at which time information was presented indicating that additional time is needed
to process the development application through the County departments.
Section 3. Based upon information and evidence submitted, the Planning
Commission does hereby amend Paragraph A, Section 9 of Resolution No. 2003-19,
dated October 21, 2003, to read as follows:
"A. The Site Plan Review approvals shall expire within two years from the
effective date of approval, unless work commences within that time period, as defined in
Section 17.46.080 of the Zoning Ordinance."
Section 4. Except as herein amended, the provisions of Resolution No. 2003-19
shall continue to be in full force and effect.
PASSED, APPROVED AND ADOPTED THIS 16th DAY OF NOVEMBER.
ROGER OMMER, CHAIRMAN
ATTEST:
MARILYN KERN, DEPUTY CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS
I certify that the foregoing Resolution No. 2004-24 entitled:
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ROLLING HILLS APPROVING A MODIFICATION TO
PLANNING COMMISSION RESOLUTION NO. 2003-19 AND
APPROVING AN EXTENSION TO PREVIOUSLY APPROVED SITE
PLAN REVIEW FOR GRADING- AND CONSTRUCTION OF A NEW
SINGLE FAMILY RESIDENCE AND A STABLE ON A VACANT PARCEL
OF LAND IN ZONING CASE NO. 669 AT 3 APPALOOSA LANE (LOT
246-MS), (FOZOONMEHR).
was approved and adopted at a regular meeting of the Planning
Commission on November 16, 2004 by the following roll call vote:
AYES: Commissioners DeRoy, Hankins, Margeta, Witte and
Chairman Sommer.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices
2
DEPUTY CITY CLERK
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: 669
SITE PLAN REVIEW
CONDITIONAL USE PERMIT
VARIANCES
XX
I (We) the undersigned state:
I am (We are) the owner(s) of the real property described as follows:
3 APPALOOSA LANE, ROLLING HILLS, CA. (LOT 246-MS) 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. 669
SITE PLAN REVIEW
VARIANCES
CONDITIONAL USE PERMIT
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
•
By
This page is part of your document- DO NOT DISCARD
JAN 2 6 2004
CITY OF ROLLING HILLS
TITLE(S) :
FEE
CODE
20
CODE
19
'CODE
9
0
L E A
FEE � � WI /
OAF -
C-20
03 3524684
RECORDEDIFILED IN OFFICIAL RECORDS
RECORDER'S OFFICE
LOS ANGELES COUNTY
CALIFORNIA
8:04AMNOV 21 2003
S H E E T
D.T.T
n
Assessor's Identification Number (AIN)
To be completed by Examiner OR Title Company in black ink. Number of AIN's Shown
THIS FORM NOT TO BE DUPLICATED
•
•
V
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.
Use Only
AFFIDAVIT OF ACCEPTANCE FORM
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
ZONING CASE NO. 669
SITE PLAN REVIEW
CONDITIONAL USE PERMIT
VARIANCES
03 3524684
XX
I (We) the undersigned state:
I am (We are) the owner(s) of the real property described as follows:
3 APPALOOSA LANE, ROLLING HILLS, CA. (LOT 246-MS) 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. 669
I(9JVe) c rtify (or declar- under the p
Name ty ed or prince
Addres s /C / (2_5/ie City/State, Q 2 7 �f
Signatures must be acknowledged by a notary public.
SITE PLAN REVIEW
VARIANCES
CONDITIONAL USE PERMIT
XX
alty of perjury that the foreg ' is true and correct!
T Recorders
Si nature
Name 2 A _ / oe-a or prin'ted 1,h i . _I I\�
Addres '( (1
LLI
City/State Co,-) l o 27 /4
State of California )
County of Los Angeles )
On_WV. IP) ad03 before me, 411nt jcI,QL t i✓
Personally appeared 03 C51571 1—Q J r1wi
a (or proved to me on the basis of satisfactory evidence) 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.
Witnesby hand a official seal.
I
LISA DYAN VALENZUELA
Comm. # 1321118 rn
NOTARY PUBLIC-CALIFORNIA V'
Los Angeles County "
My Comm. Expires Sept.16,2005 T
ature of Nota
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
•
• E*t bv-r''A.,
RESOLUTION NO. 2003-19 03 3524684
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW
FOR GRADING AND CONSTRUCTION OF A NEW SINGLE FAMILY
RESIDENCE AND A STABLE ON A VACANT PARCEL OF LAND IN
ZONING CASE NO. 669 AT 3 APPALOOSA LANE (LOT 246-MS),
(FOZOONMEHR).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES
HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was duly filed by Dr. and Mrs. Shahran
Fozoonmehr with respect to real property located at 3 Appaloosa Lane, (Lot 246-MS),
Rolling Hills, CA requesting a Site Plan Review to permit grading and construction for
a new 8,990 square foot single family residence with 2,050 square foot garage, 880
square foot swimming pool and 1,671 square foot stable. A 5,500 square foot basement
is also proposed.
Section 2. The Planning Commission conducted duly noticed public hearings
to consider the application on August 18, 2003, September 16, 2003 and at a field trip
visit on August 9, 2003. The applicants were notified of the public hearings in writing
by first class mail. Evidence was heard and presented from all persons interested in
affecting said proposal and from members of the City staff and the Planning
Commission having reviewed, analyzed and studied said proposal. The applicants and
their representatives were in attendance at the hearings.
Section 3. The property is zoned RAS-2 and is 9.20 acres (gross) in size and
8.20 acres net. The lot is currently vacant. Subject lot is very irregular in shape with
Appaloosa Lane located along a portion of the length of the lot. Portion of Appaloosa
Lane lies within the property and does not follow the roadway easement line. Due to
the irregular shape and the unusual location of the street partially along the lot and
partially inside the lot, it has been determined that the front yard setback should be that
area of the lot located 50 feet from the roadway easement along the entire length of
Appaloosa Lane, which traverses the property. The area just opposite the front yard
setback will be the rear yard and all of the other property lines will be considered the
side yards.
Section 4. There exists a landslide on the property, which will be stabilized
with buttress fill. The grading quantities include the buttress. More than half of the
grading quantities entail the slope repair and less than half of the grading quantities are
required for the building pads for the development.
Section 5. The Glory Trail is located inside the westerly easement of the
property and it connects to the Si's Trail, which crosses the northeastern portion of the
property. The property owners indicated that they are not proposing to relocate that
part of the trail that crosses their property.
•
• 03 3524 684
tt
Section 6. The Planning Commission finds that the project qualifies as a Class
3 Exemption (The State of CA Guidelines, Section 15303) and is therefore categorically
exempt from environmental review under the California Environmental Quality Act.
Section 7. Section 17.46.030 requires a development plan to be submitted for
site plan review and approval before any grading requiring a grading permit or any
building or structure may be constructed or any expansion, addition, alteration or
repair to existing buildings may be made which involve changes to grading or an
increase to the size of the building or structure by at least 1,000 square feet and has the
effect of increasing the size of the building by more than twenty-five percent (25%) in
any thirty-six (36) month period. With respect to the Site Plan Review application
requesting construction of the new house and stable, the Planning Commission makes
the following findings of fact:
A. The proposed development is compatible with the General 'Plan, the
Zoning Ordinance and surrounding uses because the proposed structures comply with
the General Plan requirement of low profile, low -density residential development with
sufficient open space between surrounding structures. The project conforms to Zoning
Code setback and lot coverage requirements. The net lot area of the lot is 357,280 square
feet, (8.2 acres). The proposed residence (8,990 sq.ft.), garage (2,050 sq.ft.), service yard
(96 sq.ft.), swimming pool (880 sq.ft.) and stable (1,671 sq.ft.) will have 13,687 square
feet of structures, which constitutes 3.8% of the net lot which is within the maximum
20% structural lot coverage requirement. A 5,500 square foot basement is proposed for
this development The total lot coverage including all structures, paved areas and
driveway will be 24,435 square feet, which constitutes 6.8% of the net lot which is
within the 35% maximum overall net lot coverage requirement. The proposed project is
screened from the road so as to reduce the visual impact of the development. The
disturbed area of the lot will be 30.6%, which is within the 40% maximum permitted,
and includes the stable.
B. The development plan substantially preserves the natural and
undeveloped state of the lot by minimizing building coverage because the new
structure will not cause the lot to look overdeveloped. Significant portions of the lot will
be left undeveloped so as to maintain open space on the property. The existing trees on
the southern portion on the parcel will remain and will screen the residence from the
neighbors. The nature, condition, and development of adjacent uses, buildings, and
structures and the topography of the lot have been considered, and the construction of
the new house and stable will not adversely affect or be materially detrimental to the
adjacent uses, buildings, or structures because the proposed structure will be
constructed on a portion of the lot which is the least intrusive to surrounding
properties, will be screened and landscaped with trees and shrubs which at maturity
will not exceed 25 feet in height, is a sufficient distance from nearby residences so that
the proposed structure will not impact the view or privacy of surrounding neighbors,
and will substantially utilize the existing building pad for the new construction.
C. The proposed development, as conditioned, is harmonious in scale and
mass with the site, the natural terrain and surrounding residences. As indicated in
Paragraph A, the lot coverage maximum set forth in the Zoning Code will not be
exceeded and the proposed project is consistent with the scale of the neighborhood.
Resolution No: 2003-19
Fozoonmehr
2
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5
03 3524681
D. The development plan incorporates existing trees and native vegetation to
the maximum extent feasible. Specifically, the development plan preserves dense brush
and shrubs and supplements it with landscaping that is compatible with and enhances
the rural character of the community.
E. The development plan follows natural contours of the site to minimize
grading and retain the natural drainage courses. Grading for this project will involve
9,420 cubic yards of cut and 9,420 cubic yards of fill and will be balanced on site. More
than half of the proposed grading quantities is required for repairing a slope failure
condition on the property, and less than half to create the building pads.
F. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because the proposed
new driveway will be located to maximize sight distance.
G. The project conforms to the requirements of the California Environmental
Quality Act and is exempt.
Section 8. Based upon the foregoing findings, the Planning Commission hereby
approves the Site Plan Review application for Zoning Case No. 669 for grading and for
construction of a new residence and stable as shown on the Development Plan dated
October 8, 2003, and marked Exhibit A, subject to the conditions contained in Section 9
of this Resolution.
Section 9. The Site Plan Review approved in Section 8 of this Resolution is
subject to the following conditions:
A. The Site Plan Review approval shall expire within one year from the
effective date of approval if construction pursuant to this approval has not commenced
within that time period, as required by Section 17.46.080(A) of the Rolling Hills
Municipal Code, or the approval granted is otherwise extended pursuant to the
requirements of that section.
B. It is declared and made a condition of the Site Plan Review approval, that
if any conditions thereof are violated, this approval shall be suspended and the
privileges granted hereunder shall lapse; provided that the applicants have been given
written notice to cease such violation, the opportunity for a hearing has been provided,
and if requested, has been held, and thereafter the applicant fails to correct the violation
within a period of thirty (30) days from the date of the City's determination.
C. All requirements of the Building and Construction Ordinance, the Zoning
Ordinance, and of the zone in which the subject property is located must be complied
with unless otherwise set forth in the Permit, or shown otherwise on an approved plan.
D. The lot shall be developed and maintained in substantial conformance
with the revised site plan on file marked Exhibit A and dated October 8, 2003, except as
otherwise provided in these conditions.
Resolution No. 2003-19
Fozoonmehr
3
•
03 3524684
E. The working drawings submitted to the County Department of Building
and Safety for plan check review must conform to the development plan approved with
this application.
F. Grading shall not exceed 9,420 cubic yards of cut and 9,420 cubic yards of
fill and shall be balanced on site and shall include the repair of the landslide.
G. Structural lot coverage shall not exceed 13,687 square feet or 3.8%.
H. Total lot coverage of structures and paved areas shall not exceed 24,435
square feet or 6.8% in conformance with lot coverage limitations.
I. The disturbed area of the lot shall not exceed 109,328 square feet or 30.6%
of the net lot area in conformance with lot disturbance limitations.
J. Residential building pad coverage on the 40,960 square foot residential
building pad shall not exceed 12,016 square feet or 29.3%; coverage on the proposed
8,960 square foot stable pad shall not exceed 1,671 square feet,or 18.6%.
K. The proposed basement shall not exceed 5,500 square feet and shall meet
all requirements of the Los Angeles County Building Code and City Zoning Ordinance
for basements, including exit door and provision for light and ventilation.
L. The disturbed areas shall be landscaped. Landscaping shall include water
efficient irrigation, to the maximum extent feasible, that incorporates low gallonage
irrigation system, utilizes automatic controllers, incorporates an irrigation design using
"hydrozones," considers slope factors and climate conditions in design, and utilizes
means to reduce water waste resulting from runoff and overspray in accordance with
Section 17.27.020 (Water Efficient Landscaping Requirements) of the Rolling Hills
Municipal Code.
M. A landscaping plan for the disturbed areas must be submitted for review
by the Planning Department prior to issuing grading or, building permits. To the
maximum extend practicable, native trees and other native plants shall be utilized. If
trees are to be used in the landscaping scheme for this project, they shall be mature
when planted and which at full maturity shall not exceed 25 feet in height; shrubs shall
be planted so as not to obstruct views of neighboring properties but, to obscure the
stable and residential structure on site.
N. Prior to the issuance of any building or grading permit two copies of a
preliminary landscape plan shall be submitted for review by the Landscaping
Committee and include native drought -resistant vegetation that will not disrupt the
impact of the views of neighboring properties. The landscaping plan submitted must
comply with the purpose and intent of the Site Plan Review Ordinance, shall
incorporate existing mature trees and native vegetation, and shall utilize to the
maximum extent feasible, plants that are native to the area and/or consistent with the
rural character of the community.
Resolution Na. 2003-19
Fozoonmehr
4
• 03 3524684 7
A security in the amount of the cost estimate of the implementation of the
landscaping plan plus 15% shall be required to be posted prior to issuance of a
drainage, grading and building permits and shall be retained with the City for not less
than two years after landscape installation. The retained security will be released by the
City Manager after the City Manager determines that the landscaping was installed
pursuant to the landscaping plan as approved, and that such landscaping is properly
established and in good condition.
O. The proposed driveway shall be subject to the Traffic Commission
requirements, whcih includes:
a. The driveway apron shall be 20 feet in width.
b. A 5-foot radius shall be incorporated into each side of the driveway as
it meets the roadway.
c. The applicant shall remove 3 oleander bushes uphill on the opposite
side of the roadway from the driveway entrance.
P. The proposed wall along the graded pad shall not exceed 5 feet in height
having an average of 2 1/2 feet.
Q. During construction, any soil disturbance shall preserve the existing
topography, flora, and natural features to the greatest extent possible.
R. The project is subject to General Permit No.CAS000002 (Storm Water
Discharges Associated with Construction Activities). The applicant shall comply with
the requirements of this permits as required by the Regional Water Quality Control
Board.
S. During construction, conformance with the air quality management district
requirements, stormwater pollution prevention practices, county and local ordinances
and engineering practices so that people or property are not exposed to undue vehicle
trips, noise, dust, and objectionable odors shall be required.
T. During construction, an Erosion Control Plan containing the elements set
forth in Section 7010 of the 2001 County of Los Angeles Uniform Building Code shall be
followed to minimize erosion and to protect slopes and channels to control stormwater
pollution as required by the County of Los Angeles.
U. During and after construction, all parking shall take place on the project site
and, if necessary, any overflow parking shall take place within nearby roadway
easements.
V. During construction, the property owners shall be required to schedule and
regulate construction and related traffic noise throughout the day between the hours of
7 AM and 6 PM, Monday through Saturday only, when construction and mechanical
equipment noise is permitted, so as not to interfere with the quiet residential
environment of the City of Rolling Hills.
Resolution No. 2003-19
Fozoonmehr
• •
17.54.010
17.54 APPEALS
17.54.010 Time for Filing Appeals
A. All actions of the Planning Commission authorized by this
Title may be appealed to the City Council. All appeals shall
be filed in writing with the City Clerk.
B. All appeals must be filed on or before the 30th calendar day
after adoption of the Planning Commission's resolution on
the project or application. Application fees shall be paid as
required by Section 17.30.030 of this Title.
C. Within 30 days after the Planning Commission adopts a
resolution which approves or denies a development
application, the City Clerk shall place the resolution as a
report item on the City Council's agenda, The City Council
may, by an affirmative vote of three members, take
jurisdiction over the application. In the event the City
Council takes jurisdiction over the application, the Planning
Commission's decision will be stayed until the City Council
completes its proceedings in accordance with the provisions
of this Chapter.
17.54.020 Persons Authorized to File an Appeal
Any person, including the City Manager, may appeal a decision of
the Planning Commission to the City Council, in accordance with
the terms of this Chapter.
17.54.030 Form, Content, and Deficiencies in an Appeal Application
A. All appeals shall be filed in writing with the City Clerk on a
form or forms provided by the City Clerk. No appeal shall
be considered filed until the required appeal fee has been
received by the City Clerk.
B. The appeal application shall state, at a minimum, the name
and address of the appellant, the project and action being
appealed, and the reasons why the appellant believes that
the Planning Commission erred or abused its discretion, or
why the Planning Commission's decision is not support by
evidence in the record.
76
ROLLING HILLS ZONING
MAY 24, 1993
03 3524684
W. The property owners shall be required to conform to the Regional Water
Quality Control Board and County Health Department requirements for the installation
and maintenance of septic tanks.
X. The property owners shall be required to conform to the Regional Water
Quality Control Board and County Health Department requirements for the installation
and maintenance of stormwater drainage facilities.
Y. The property owners shall be required to conform to the Regional Water
Quality Control Board and County Public Works Department Best Management
Practices (BMP's) related to solid waste.
Z. The property owners shall be required to conform to the City of Rolling
Hills Outdoor Lighting Standards Ordinance, (Ordinance No. 287).
AA. A drainage plan shall be approved by the Planning Department and
County District Engineer, to include any water from any site irrigation systems and that
all drainage from the site shall be conveyed in an approved manner.
AB. All utility lines shall be placed underground. The roof material for the
new residence and stable shall comply with the City of Rolling Hills Building Code
requirements.
AC. Prior to the submittal of an applicable final building plan to the County of
Los Angeles for plan check, a detailed drainage plan with related geology, soils and
hydrology reports that conform to the development plan as approved by the Planning
Commission shall be submitted to the Rolling Hills Planning Department staff for their
review and approval.
AD. The trails shall not be altered or modified in any way without the
approval of the Rolling Hills Community Association and Caballeros.
AE. The project must be reviewed and approved by the Rolling Hills
Community Association Architectural Review Committee prior to the issuance of any
grading or building permit.
AF. The applicant shall pay all of the applicable Los Angeles County Building
and Safety and Public Works Department fees, including Parks and Recreation Fees for
new residence and school fees.
AG. Until the applicants execute an Affidavit of Acceptance of all conditions of
this Site Plan Review approval, as required by Section 17.42.070 the approvals shall not
be effective.
AH. All conditions of the Site Plan approval, that apply, shall be complied with
prior to the issuance of a building permit from the County of Los Angeles.
Resolution No. 2003-19
Fozoonmehr
03 3524684
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2003-19 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING
HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR GRADING AND
CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE AND A STABLE ON A
VACANT PARCEL OF LAND IN ZONING CASE NO. 669 AT 3 APPALOOSA LANE
(LOT 246-MS), (FOZOONMEHR).
was approved and adopted at a regular meeting of the Planning Commission on
October 21, 2003 by the following roll call vote:
AYES: Commissioners DeRoy, Hankins, Margeta, Sommer
and Chairman Witte.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at Administrative Offices.
Resolution No: 2003-19
Fozoonmehr
K
DEPUTY CI CLERK
8
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• - 03 3524684
PASSED, APPROVED AND AD ,p THIS 21st DAY OF OCTOBER 2003.
AR V(F ° f'T" E, CHAIRMAN
ATTEST:
MARILYN KERN, DEPUTY CITY CLERK
Resolution No. 2003-19
Fozoonmehr
7
RESOLUTION NO. 2003-19
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW
FOR GRADING AND CONSTRUCTION OF A NEW SINGLE FAMILY
RESIDENCE AND A STABLE ON A VACANT PARCEL OF LAND IN
ZONING CASE NO. 669 AT 3 APPALOOSA LANE (LOT 246-MS),
(FOZOONMEHR).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES
HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was duly filed by Dr. and Mrs. Shahran
Fozoonmehr with respect to real property located at 3 Appaloosa Lane, (Lot 246-MS),
Rolling Hills, CA requesting a Site Plan Review to permit grading and construction for
a new 8,990 square foot single family residence with 2,050 square foot garage, 880
square foot swimming pool and 1,671 square foot stable. A 5,500 square foot basement
is also proposed.
Section 2. The Planning Commission conducted duly noticed public hearings
to consider the application on August 18, 2003, September 16, 2003 and at a field trip
visit on August 9, 2003. The applicants were notified of the public hearings in writing
by first class mail. Evidence was heard and presented from all persons interested in
affecting said proposal and from members of the City staff and the Planning
Commission having reviewed, analyzed and studied said proposal. The applicants and
their representatives were in attendance at the hearings.
Section 3. The property is zoned RAS-2 and is 9.20 acres (gross) in size and
8.20 acres net. The lot is currently vacant. Subject lot is very irregular in shape with
Appaloosa Lane located along a portion of the length of the lot. Portion of Appaloosa
Lane lies within the property and does not follow the roadway easement line. Due to
the irregular shape and the unusual location of the street partially along the lot and
partially inside the lot, it has been determined that the front yard setback should be that
area of the lot located 50 feet from the roadway easement along the entire length of
Appaloosa Lane, which traverses the property. The area just opposite the front yard
setback will be the rear yard and all of the other property lines will be considered the
side yards.
Section 4. There exists a landslide on the property, which will be stabilized
with buttress fill. The grading quantities include the buttress. More than half of the
grading quantities entail the slope repair and less than half of the grading quantities are
required for the building pads for the development.
Section 5. The Glory Trail is located inside the westerly easement of the
property and it connects to the Si's Trail, which crosses the northeastern portion of the.
property. The property owners indicated that they are not proposing to relocate that
part of the trail that crosses their property.
Section 6. The Planning Commission finds that the project qualifies as a Class
3 Exemption (The State of CA Guidelines, Section 15303) and is therefore categorically
exempt from environmental review under the California Environmental Quality Act.
Section 7. Section 17.46.030 requires a development plan to be submitted for
site plan review and approval before any grading requiring a grading permit or any
building or structure may be constructed or any expansion, addition, alteration or
repair to existing buildings may be made which involve changes to grading or an
increase to the size of the building or structure by at least 1,000 square feet and has the
effect of increasing the size of the building by more than twenty-five percent (25%) in
any thirty-six (36) month period. With respect to the Site Plan Review application
requesting construction of the new house and stable, the Planning Commission makes
the following findings of fact:
A. The proposed development is compatible with the General Plan, the
Zoning Ordinance and surrounding uses because the proposed structures comply with
the General Plan requirement of low profile, low -density residential development with
sufficient open space between surrounding structures. The project conforms to Zoning
Code setback and lot coverage requirements. The net lot area of the lot is 357,280 square
feet, (8.2 acres). The proposed residence (8,990 sq.ft.), garage (2,050 sq.ft.), service yard
(96 sq.ft.), swimming pool (880 sq.ft.) and stable (1,671 sq.ft.) will have 13,687 square
feet of structures, which constitutes 3.8% of the net lot which is within the maximum
20% structural lot coverage requirement. A 5,500 square foot basement is proposed for
this development The total lot coverage including all structures, paved areas and
driveway will be 24,435 square feet, which constitutes 6.8% of the net lot which is
within the 35% maximum overall net lot coverage requirement. The proposed project is
screened from the road so as to reduce the visual impact of the development. The
disturbed area of the lot will be 30.6%, which is within the 40% maximum permitted,
and includes the stable.
B. The development plan substantially preserves the natural and
undeveloped state of the lot by minimizing building coverage because the new
structure will not cause the lot to look overdeveloped. Significant portions of the lot will
be left undeveloped so as to maintain open space on the property. The existing trees on
the southern portion on the parcel will remain and will screen the residence from the
neighbors. The nature, condition, and development of adjacent uses, buildings, and
structures and the topography of the lot have been considered, and the construction of
the new house and stable will not adversely affect or be materially detrimental to the
adjacent uses, buildings, or structures because the proposed structure will be
constructed on a portion of the lot which, is the least intrusive to surrounding
properties, will be screened and landscaped with trees and shrubs which at maturity
will not exceed 25 feet in height, is a sufficient distance from nearby residences so that
the proposed structure will not impact the view or privacy of surrounding neighbors,
and will substantially utilize the existing building pad for the new construction.
C. The proposed development, as conditioned, is harmonious in scale and
mass with the site, the natural terrain and surrounding residences. As indicated in
Paragraph A, the lot coverage maximum set forth in the Zoning Code will not be
exceeded and the proposed project is consistent with the scale of the neighborhood.
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D. The development plan incorporates existing trees and native vegetation to
the maximum extent feasible. Specifically, the development plan preserves dense brush
and shrubs and supplements it with landscaping that is compatible with and enhances
the rural character of the community.
E. The development plan follows natural contours of the site to minimize
grading and retain the natural drainage courses. Grading for this project will involve
9,420 cubic yards of cut and 9,420 cubic yards of fill and will be balanced on site. More
than half of the proposed grading quantities is required for repairing a slope failure
condition on the property, and less than half to create the building pads.
F. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because the proposed
new driveway will be located to maximize sight distance.
G. The project conforms to the requirements of the California Environmental
Quality Act and is exempt.
Section 8. Based upon the foregoing findings, the Planning Commission hereby
approves the SiteLPlan Review application for Zoning Case No. 669 for grading and for
construction of a new residence and stable as shown on the Development Plan dated
October 8, 2003, and marked Exhibit A, subject to the conditions contained in Section 9
of this Resolution.
Section 9. The Site Plan Review approved in Section 8 of this Resolution is
subject to the following conditions:
A. The Site Plan Review approval shall expire within one year from the
effective date of approval if construction pursuant to this approval has not commenced
within that time period, as required by Section 17.46.080(A) of the Rolling Hills
Municipal Code, or the approval granted is otherwise extended pursuant to the
requirements of that section.
B. It is declared and made a condition of the Site Plan Review approval, that
if any conditions thereof are violated, this approval shall be suspended and the
privileges granted hereunder shall lapse; provided that the applicants have been given
written notice to cease such violation, the opportunity for a hearing has been provided,
and if requested, has been held, and thereafter the applicant fails to correct the violation
within a period of thirty (30) days from the date of the City's determination.
C. All requirements of the Building and Construction Ordinance, the Zoning
Ordinance, and of the zone in which the subject property is located must be complied
with unless otherwise set forth in the Permit, or shown otherwise on an approved plan.
D. The lot shall be developed and maintained in substantial conformance
with the revised site plan on file marked Exhibit A and dated October 8, 2003, except as
otherwise provided in these conditions.
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E. The working drawings submitted to the County Department of Building
and Safety for plan check review must conform to the development plan approved with
this application.
F. Grading shall not exceed 9,420 cubic yards of cut and 9,420 cubic yards of
fill and shall be balanced on site and shall include the repair of the landslide.
G. Structural lot coverage shall not exceed 13,687 square feet or 3.8%.
H. Total lot coverage of structures and paved areas shall not exceed 24,435
square feet or 6.8% in conformance with lot coverage limitations.
I. The disturbed area of the lot shall not exceed 109,328 square feet or 30.6%
of the net lot area in conformance with lot disturbance limitations.
J. Residential building pad coverage on the 40,960 square foot residential
building pad shall not exceed 12,016 square feet or 29.3%; coverage on the proposed
8,960 square foot stable pad shall not exceed 1,671 square feet or 18.6%.
K. The proposed basement shall not exceed 5,500 square feet and shall meet
all requirements of the Los Angeles County Building Code and City Zoning Ordinance
for basements, including exit door and provision for light and ventilation.
L. The disturbed areas shall be landscaped. Landscaping shall include water
efficient irrigation, to the maximum extent feasible, that incorporates low gallonage
irrigation system, utilizes automatic controllers, incorporates an irrigation design using
"hydrozones," considers slope factors and climate conditions in design, and utilizes
means to reduce water waste resulting from runoff and overspray in accordance with
Section 17.27.020 (Water Efficient Landscaping Requirements) of the Rolling Hills
Municipal Code.
M. A landscaping plan for the disturbed areas must be submitted for review
by the Planning Department prior to issuing grading or building permits. To the
maximum extend practicable, native trees and other native plants shall be utilized. If
trees are to be used in the landscaping scheme for this project, they shall be mature
when planted and which at full maturity shall not exceed 25 feet in height; shrubs shall
be planted so as not to obstruct views of neighboring properties but, to obscure the
stable and residential structure on site.
N. Prior to the issuance of any building or grading permit two copies of a
preliminary landscape plan shall be submitted for review by the Landscaping
Committee and include native drought -resistant vegetation that will not disrupt the
impact of the views of neighboring properties. The landscaping plan submitted must
comply with the purpose and intent of the Site Plan Review Ordinance, shall
incorporate existing mature trees and native vegetation, and shall utilize to the
maximum.iextent feasible, plants that are native to the area and/or consistent with the
rural character of the community.
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A security in the amount of the cost estimate of the implementation of the
landscaping plan plus 15% shall be required to be posted prior to issuance of a
drainage, grading and building permits and shall be retained with the City for not less
than two years after landscape installation. The retained security will be released by the
City Manager after the City Manager determines that the landscaping was installed
pursuant to the landscaping plan as approved, and that such landscaping is properly
established and in good condition.
O. The proposed driveway shall be subject to the Traffic Commission
requirements, whcih includes:
a. The driveway apron shall be 20 feet in width.
b. A 5-foot radius shall be incorporated into each side of the driveway as
it meets the roadway.
c. The applicant shall remove 3 oleander bushes uphill on the opposite
side of the roadway from the driveway entrance.
P. The proposed wall along the graded pad shall not exceed 5 feet in height
having an average of 21/2 feet.
Q. During construction, any soil disturbance shall preserve the existing
topography, flora, and natural features to the greatest extent possible.
R. The project is subject to General Permit No.CAS000002 (Storm Water
Discharges Associated with Construction Activities). The applicant shall comply with
the requirements of this permits as required by the Regional Water Quality Control
Board.
S. During construction, conformance with the air quality management district
requirements, stormwater pollution prevention practices, county and local ordinances
and engineering practices so that people or property are not exposed to undue vehicle
trips, noise, dust, and objectionable odors shall be required.
T. During construction, an Erosion Control Plan containing the elements set
forth in Section 7010 of the 2001 County of Los Angeles Uniform Building Code shall be
followed to minimize erosion and to protect slopes and channels to control stormwater
pollution as required by the County of Los Angeles.
U. During and after construction, all parking shall take place on the project site
and, if necessary, any overflow parking shall take place within nearby roadway
easements.
V. During construction, the property owners shall be required to schedule and
regulate construction and related traffic noise throughout the day between the hours of
7 AM and 6 PM, Monday through Saturday only, when construction and mechanical
equipment noise is permitted, so as not to interfere with the quiet residential
environment of the City of Rolling Hills.
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W. The property owners shall be required to conform to the Regional Water
Quality Control Board and County Health Department requirements for the installation
and maintenance of septic tanks.
X. The property owners shall be required to conform to the Regional Water
Quality Control Board and County Health Department requirements for the installation
and maintenance of stormwater drainage facilities.
Y. The property owners shall be required to conform to the Regional Water
Quality Control Board and County Public Works Department Best Management
Practices (BMP's) related to solid waste.
Z. The property owners shall be required to conform to the City of Rolling
Hills Outdoor Lighting Standards Ordinance, (Ordinance No. 287).
AA. A drainage plan shall be approved by the Planning Department and
County District Engineer, to include any water from any site irrigation systems and that
all drainage from the site shall be conveyed in an approved manner.
AB. All utility lines shall be placed underground. The roof material for the
new residence and stable shall comply with the City of Rolling Hills Building Code
requirements.
AC. Prior to the submittal of an applicable final building plan to the County of
Los Angeles for plan check, a detailed drainage plan with related geology, soils and
hydrology reports that conform to the development plan as approved by the Planning
Commission shall be submitted to the Rolling Hills Planning Department staff for their
review and approval.
AD. The trails shall not be altered or modified in any way without the
approval of the Rolling Hills Community Association and Caballeros.
AE. The project must be reviewed and approved by the Rolling Hills
Community Association Architectural Review Committee prior to the issuance of any
grading or building permit.
AF. The applicant shall pay all of the applicable Los Angeles County Building
and Safety and Public Works Department fees, including Parks and Recreation Fees for
new residence and school fees.
AG. Until the applicants execute an Affidavit of Acceptance of all conditions of
this Site Plan Review approval, as required by Section 17.42.070 the approvals shall not
be effective.
AH. All conditions of the Site Plan approval, that apply, shall be complied with
prior to the issuance of a building permit from the County of Los Angeles.
Resolution No. 2003-19
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PASSED, APPROVED AND ADS THIS 21st DAY OF OCTOBER 2003.
/ft-
ARVI[clittfrft,`CHAIRMAN
ATTEST:
J
MARILYN KERN, DEPUTY CITY CLERK
Resolution No. 2003-19
Fozoonmehr
7
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2003-19 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING
HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR GRADING AND
CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE AND A STABLE ON A
VACANT PARCEL OF LAND IN ZONING CASE NO. 669 AT 3 APPALOOSA LANE
(LOT 246-MS), (FOZOONMEHR).
was approved and adopted at a regular meeting of the Planning Commission on
October 21, 2003 by the following roll call vote:
AYES: Commissioners DeRoy, Hankins, Margeta, Sommer
and Chairman Witte.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at Administrative Offices.
Resolution No. 2003-19
Fozoonmehr
DEPUTY��CLERK
8