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656, Construct a new SFR requirerin, Resolutions & Approval Conditionskitti,,-1 k3 RESOLUTION NO. 2003-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING SITE PLAN REVIEW APPROVAL TO PERMIT GRADING AND CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE INCLUDING A BASEMENT, A POOL AND A FUTURE STABLE ON A VACANT LOT AT 18 PORTUGUESE BEND ROAD, IN ZONING CASE NO. 656. (MARSHALL) THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. Application was duly filed by Dr. Robert Marshall with respect to real property located at 18 Porrtuguese Bend Road, Rolling Hills, (Lot 79-2-RH), CA requesting a Site Plan Review to permit grading and construction of a new residence with a basement, a pool, future stable and a new driveway on a vacant lot at 18 Portuguese Bend Road. Section 2. A. The Planning Commission conducted duly noticed public hearings to consider the applications on November 19, 2002, December 17, 2002, January 21, 2003, February 18, 2003 and at a field trip visit on December 14, 2002. The applicant was notified of the public hearings in writing by first class mail. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. The applicant's representative was in attendance at the hearings. 13. During the course of the public hearings, the Commission requested that the applicant reduce the size of the development to meet the City's guideline for building pad coverage and relocate the proposed structure to minimize the disturbance of the "Mature Native Vegetation" area. At the February 18, 2003 public hearing, the applicant presented a revised site plan, to the satisfaction of the Planning Commission. C. During the Subdivision application process of Parcel Map No. 23991, by which subject lot was created, several restrictions for future development were placed on subject parcel. A Flood Hazard Area is located along the entire width of the parcel, approximately 100 feet east of Blackwater Canyon Road. An intermittent blue line stream is located within the Flood Hazard Zone. A restriction for any grading and construction was placed on the lot, whereas only the area approximately 220 feet west of Portuguese Bend Road could be graded and/or developed subject to a Site Plan Review. No construction or grading is allowed west of that line. In addition, a condition has been placed to protect native vegetation from unnecessary removal. A Mature Native Vegetation (MNV) area has been delineated on the lot, beginning at approximately ten feet west of the structural restriction line and continuing to the end of the parcel towards Blackwater Canyon Road. 04 0616030 Section 3. The Planning Commission finds that the project qualifies as a Class 3 Exemption (The State of CA Guidelines, Section 15303) and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 4. The City of Rolling Hills Municipal Code requires Traffic Commission's review and approval for all new driveway approaches. The Traffic Commission reviewed the proposed driveway approach and recommended approval with conditions. Section 5: Section 17.46.030 of the Rolling Hills Municipal Code 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 with a basement, pool, and future stable at an existing vacant lot, 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 setbacks, disturbance and lot coverage requirements. The lot has a net area of 89,280 square feet. The proposed residence (5,040 sq.ft.), garage (720 sq.ft.), swimming pool (480 sq.ft.), service yard and future stable (450 sq.ft.) will have 6,786 square feet which constitutes 7.6% of the lot which is within the maximum 20% structural lot coverage requirement. A 1,968 square foot basement is also proposed. The total lot coverage including paved areas and driveway will be 14,069 square feet, which is 15.8% of the net lot which is within the 35% maximum overall lot coverage requirement. The proposed project will be screened from the road so as to reduce the visual impact of the development. The disturbed area of the lot will be 39.2%, which is within the 40% maximum permitted. Grading for this project will require 2,345 cubic yards of cut and 2,345 cubic yards of fill and will be balanced on site. B. The development plan substantially preserves the natural 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 scenic vistas across the property. The structures proposed will not be visible from Blackwater Canyon Road, due to the retention of the Mature Native Vegetation areas. The nature, condition, and development of adjacent uses, buildings, and structures and the topography of the lot have been considered, and the construction of the new house, pool, and future stable will not adversely affect or be materially detrimental to the adjacent uses, buildings, or structures because the proposed structures 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 the ridge height of the residence, is a sufficient distance from nearby residences so, that proposed structures RESOLUTION No 2003.O4 04 0616030 will not impact the view or privacy of surrounding neighbors, will not impact slope stability through the use of approved drainage, will permit the owners to enjoy their property without deleterious infringement on the rights of surrounding property owners. C. The proposed development, as conditioned, is harmonious in scale and mass with the site, the natural terrain and surrounding residences. As indicated in Paragraph A, the lot coverage maximum set forth in the Zoning Code will not be exceeded and the proposed project is consistent with the scale of the neighborhood. D. The development plan incorporates existing trees and native vegetation to the maximum extent feasible. Specifically, the development plan preserves dense brush and shrubs and supplements it with landscaping that is compatible with and enhances the rural character of the community. E. The development plan follows natural contours of the site to minimize grading and the natural drainage courses will continue to the west side (rear) of this lot. Grading for this project will involve 2,345 cubic yards of cut and 2,345 cubic yards of fill and will be balanced on site. F. The development plan preserves surrounding native vegetation and mature trees and supplements these elements with drought -tolerant landscaping which is compatible with and enhances the rural character of the community, and landscaping provides a buffer or transition area between private and public areas. 111C proposed development is JC11Jitl ve arid not UCLIIILICL ILQI LU LLLC convenience and safety of circulation for pedestrians and vehicles because the proposed driveway of off Portuguese Bend Road follows to the maximum extent feasible the natural contours and will require minimal grading. The construction of the driveway, as recommended by the Traffic Commission, will ensure that visibility is achieved for pedestrian and vehicular traffic. 'H. The project conforms to the requirements of the California Environmental Quality Act and is exempt. Section 6. Based upon the foregoing findings and the evidence in the record, the Planning Commission hereby approves the Site Plan Review application for Zoning Case No. 656 for proposed structures as shown on the Development Plan dated February 13, 2003 and marked Exhibit A, subjectto 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 xvithin 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 this Section. li. It is declared and made a condition of the Site Plan Review approval, that if any conditions thereof are violated, this approval shall be suspended and, the privileges granted thereunder shell lapse; provided that the applicant has been given 04 0616030 RESOLUT'CN NO 2003 as tat t t Cot/la:Aim written notice to cease such violation, the opportunity for a hearing has been provided, and if requested, has been held, and thereafter the applicant fails to correct the violation within a period of thirty (30) days from the date of the City's determination. C. All requirements of the Buildings and Construction Ordinance, the Zoning Ordinance, the Building Code 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. The construction of the basements shall meet all of the requirements of Section 17.20.020 of the Zoning Code. D. This approval shall be subject to the approval of the soils, geology and geotechnical reports and studies by the Los Angeles County Department of Public Works. E. The lot shall be developed and maintained in substantial conformance 47with the site plan on file marked Exhibit A and dated February 13, 2003 except as otherwise provided in these conditions. 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. The proposed driveway apron shall be subject to the Traffic Commission's requirements as follows: a. The entrance to the driveway shall be a minimum of 24 feet in width for 24 feet inward from the edge of the pavement. b. The driveway shall be scored for equestrian passage; and c. The applicant shall be required to clear bushes 10 feet back from the edge of pavement for 30feet south of the south edge of the driveway. H. The future stable shall conform to all of the requirements of Sections 17.16.170 and 17.16.200 of the Zoning Code and be in substantial conformance with the site plan on file marked Exhibit A and dated February 13, 2003, unless otherwise approved by the Planning Commission when application for construction is considered. In addition, any future stable structure shall be constructed in a manner that will not unnecessarily disturb native vegetation and habitat. 1. Grading shall not exceed 2,345 cubic yards of cut and 2,345 cubic yards of fill and shall be balanced on site. J. Structural lot coverage shall not exceed 6,786 square feet or 7.6%. K. Total lot coverage of structures and paved areas shall not exceed 14,069 square feet or l5.8",'1, in conformance with lot coverage limitations. I.. The disturbed area of the lot shall not exceed 34,960 square feet or 39.2`.''" of the net lot area in conformance with lot disturbance limitations. 04 0616030 RESOLJrioN NO 2003.04 1 M. Residential building pad coverage on the 22,880 square foot residential building pad shall not exceed 6,786 square feet or 29.7%, which includes 450 square feet future stable. N. The provisions of Resolution No. 781, (Tentative Parcel Map), incorporated herein by reference, pertaining to special removal and disturbance restrictions of the Mature Native Vegetation (MNV) area and the established structural setback line shall continue to be in full force and effect. 0. Prior to the issuance of a grading permit, the applicant at his sole expense shall hire a native plant specialist, who shall meet with the grading and/or general contractor for an explanation of the boundaries of the proposed project and the boundaries of the MNV areas permitted to be removed by the approved Site Plan. The City shall approve the native plant specialist. . P. No contractor, operator of a bulldozer or other equipment construction worker on the site shall allow equipment, supplies or soil to encroach into a MNV area except as specified on the approved Site Plan. Q. Landscaping shall include water efficient irrigation, to the maximum extent feasible, that incorporates a 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. R. All graded areas shall be landscaped. Landscaping for the entire project shall be designed using mature native trees, which at full maturity shall not exceed the ridge height of the structures, and native shrubs so as not to obstruct views of neighboring properties, but to screen the residence and the pool. In addition, the residence, the garage and parking pad, the pool, and when constructed, the future stable, to the maximum extent practicable shall be screened from view from Portuguese Bend Road, without obstructing the City lights view from the neighboring properties. S. Two sets of the proposed landscaping plan shall be submitted to the City, 04 for staff's review. A security deposit in the amount of the cost estimate of the implementation of the landscaping plan, including irrigation, plus 15% shall be required to be posted prior to issuance of a grading and building permit and shall be retained with the City for not less than two years after landscape installation. After the two-year period, upon the request of the applicant, the retained security deposit will be released by the City Manager after the City Manager or his designee determines that the landscaping was installed pursuant to the landscaping plan as approved, and that such landscaping is properly established and in good condition. T. Pursuant to Section 4 of Resolution No. 814 of the City Council, (Modification to Tentative Parcel Map No. 23991), and incorporated herein by reference, the three existing utility poles, two located on the developed parcel at 17 Portuguese Bend Road, and the other one located on the subject property, shall be removed. Two 04 0616030 +� r RESOLUTION NO 2003.04 new utility poles, one to be located in the northerly easement of the subject lot and the second in the southerly easement of the developed lot, as shown on the plan of the Tentative Parcel Map No. 23991 dated April 11, 1997, and incorporated herein by reference, shall be constructed. Further, all utility lines that traverse or are proposed to traverse any portion of subject property and the adjacent property (17 Portuguese Bend Road) shall be placed underground, except that the utility lines may be strung above ground from: (i) the new pole, which is to be located in the northerly easement of subject lot and traversing westerly across the canyon, and (ii) the new pole, which is to be located in the southerly easement of the developed lot and traversing westerly across the canyon. U. During construction, any soil disturbance shall preserve the existing topography, flora, and natural features to the greatest extent possible. V. 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. W. During construction, the 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. X. 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. Y. Dtiring> construction, the property owners shall be required to schedule and regulate construction and related traffic noise throughout the day between the hours of 7 AM and 6 PM, Monday through Saturday only, when construction and mechanical equipment noise is permitted, so as not to interfere with the quiet residential environment of the City of Rolling Hills. Z. The property owners shall be required to conform with the Regional Water Quality Control Board and County Health Department requirements for the installation and maintenance of septic tanks. AA. The property owners shall be required to conform with the Regional Water Quality Control Board and County Health Department requirements for the installation and maintenance of stormwater drainage facilities. A13. The property owners shall be required to conform with the Regional Water Quality Control Board and County Public Works Department Best Management Practices (B1v1P's) related to solid waste. AC. A drainage plan system shall be approved by the Planning Department and County District Engineer, to include any k.vater from any site irrigation systems and that all drainage from the site shall be conveyed in an approved manner. 04 0616030 PESOLunOt► NO 2003 04 AD. A detailed drainage plan and grading plan 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. AF. 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 permits. AG. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills Municipal Code, any modifications to the property, which would constitute additional grading or structural development, shall require the filing of a new application for approval by the Planning Commission. AH. Until the applicant executes an Affidavit of Acceptance of all conditions of the Site Plan Review approval, the approval shall not be effective. AI. All conditions of the Site Plan approval that apply shall be complied with prior to the issuance of a grading or building permit from the County of Los Angeles. PASSED, APPROVED AND ADOPTED THIS 18TH DAY OF MARCH 2003. cam E1E HANKINS, CHAIRWOMAN ATTEST: MARILYN KERN, DEPUTY CITY CLERK 04 0616030 RESOLUTION NO 2003.04 7 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) 1 certify that the foregoing Resolution No. 2003-04 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING SITE PLAN REVIEW APPROVAL TO PERMIT GRADING AND CONSTRUCTION OF A NEW SINGLE FAMILY .RESIDENCE INCLUDING A BASEMENT, A POOL AND A FUTURE STABLE ON' "A' 'VACANT LOT AT 18 PORTUGUESE BEND ROAD, IN ZONING CASE NO. 656. (MARSHALL)" was approved and adopted at a regular meeting of the Planning Commission on March 18, 2003 by the following roll call vote: Commissioners DeRoy, Margeta, Sommer, Witte and ChairwomE.n Hankins. AYES: NOES: None. ABSENT: None . ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. DEPUTY CITY CLERK 04 0616030 RESOIUrcN Ho 2003.04 y 7 w RECORDING REQUESTED BY AND MAIL TO 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. AFFIDAVIT O F ACCEPTANCE FORM 0144616030 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS §§ ZONING CASE NO. 656 and 662 T Recorder's Use Only SITE PLAN REVIEW X X VARIANCE X X CONDITIONAL USE PERMIT LOT LINE ADJUSTMENT I (We) the undersigned state: I am (We are) the owner(s) of the real property described as follows: 18 Portuguese Bend Road (Lot 79-2-RH), Rolling Hills, CA 90274 This property is the subject of the above numbered cases and conditions of approval am (We are) aware of, and accept, all the stated conditions in said ZONING CASE NO. 656 and 662. SITE PLAN REVIEW X X VARIANCE X X CONDITIONAL USE PERMIT LOT LINE ADJUSTMENT I (We) certify (or declare) under the penalty of perjury that the foregoing is true and correct. ature Name typed or printed ( —t Pr. - .) c--- fie - Ad Kess ' "--OU tn1r, 14.1ll e-ri ( ®2�Z`� City/State Signatures must be acknowledged by a notary public. Signature Name typed or printed Address City/State State of California ) County of Los Angeles )(� % /� On 7 / 15164 before me, ' 1 ' R� �/ �Q � • r ' No yq personally appeared `S c bQIC4 (A i 11"C R_ MOr 5 1U I 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. ` - a " " A, 4". ci. * fficial s. s by h. •A MARTIN V. ANAYA Witnndnd eal -Commission # 1468880 Notary Public - California f .f Los Angeles County / Signature of Notary My Comm. txolr9s Mom 2nn$ �'' "'"^ '''' - '`6 E EXHIBIT "A"'° ATTACHED HERETO AND MADE A PART HEREOF V= XN\�iT RESOLUTION NO. 2003-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE APPROVAL TO CONSTRUCT A FUTURE STABLE IN THE FRONT YARD AREA AT 18 PORTUGUESE BEND ROAD, (LOT 79-2-RH), IN ZONING CASE NO. 662. (MARSHALL) THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. Application was duly filed by Dr. Robert Marshall with respect to real property located at 18 Portuguese Bend Road, Rolling Hills, (Lot 79-2-RH), CA requesting a Site Plan Review to permit grading and construction of a new residence with a basement, a pool, future stable to be located in the front yard area and a new driveway on a vacant lot at 18 Portuguese Bend Road, in Zoning Case No. 656. Section 2. A. The Planning Commission conducted duly noticed public hearings to consider the application on November 19, 2002, December 17, 2002, January 21, 2003, February 18, 2003 and at a field trip visit on December 14, 2002. The applicant was notified of the public hearings in writing by first class mail. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. The applicant's representative was in attendance at the hearings. B. During the course of the public hearings, the Commission requested that the applicant reduce the size of the development to meet the City's guideline for building pad coverage and relocate the proposed structure to minimize the disturbance of the "Mature Native Vegetation" area. At the February 18, 2003 public hearing, the applicant presented a revised site plan, in Zoning Case No. 656, to the satisfaction of the ;Planning Commission. C. The City Council, at the March 24, 2003 City Council meeting took jurisdiction of Zoning Case No. 656. The City Council determined that the site designated for a future stable was inadequate because a Variance would be required to construct a stable in the front yard and no such Variance had been obtained. D. At the April 14, 2003 City Council meeting, the Council remanded the Site Plan Review application to the Planning Commission to be considered with an application for a Variance to construct a future stable in the front yard area. E. During the Subdivision application process of Parcel Map No. 23991, by which subject lot was created, several restrictions for future development were placed on subject parcel. A Flood Hazard Area is located along the entire width of the parcel, approximately 100 feet east of Blackwater Canyon Road. An intermittent blue line stream is located within the Flood Hazard Zone. A restriction for any grading and construction was placed on the lot, whereas only the area approximately 220 feet west of Portuguese Bend Road could be graded and/or developed subject to a Site Plan Review. No construction or grading is allowed west of that line. In addition, a condition 04 0616030 • s has been placed to protect native vegetation from unnecessary removal. A Mature Native Vegetation (MNV) area has been delineated on the lot, beginning at approximately ten feet west of the structural restriction line and continuing to the end of the parcel towards Blackwater Canyon Road. Section 3. The Planning Commission finds that the project qualifies as a Class 3 Exemption (The State of CA Guidelines, Section 15303) and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 4. 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 other properties. Section 17.16.200(A)(3) states that no corral, pen, stable, barn other similar holding facility shall be permitted in a front yard. The applicant is requesting a Variance to construct a 450 square foot future stable and 550 square foot future corral that would be located in the front yard. With respect to this request for a Variance, the Planning Commission finds as follows: A. There are exceptional and extraordinary circumstances and conditions applicable to the property that do not apply generally to the other property or class of use in the same zone. The restrictions placed on the lot during the subdivision process encourage retention of the Mature Native Vegetation (MNV) area. Fifty percent of the lot was designated as MNV area, which was to remain undisturbed. In order to minimize grading and avoid reduction of the MNV area, the applicant has proposed that the future stable be located in the front yard. The restrictions on this lot create a difficulty in placing the future stable elsewhere on the property. B. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, but which is denied to the property in question. The Variance is necessary because the City's Zoning Code requires that an area for a stable and corral be set aside with any discretionary development on said property, regardless of whether or not the developer plans to construct such a stable and corral. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. The stable will be screened from the roadway, and no additional grading will be required when constructed. Further, a substantial portion of the lot will remain undeveloped and the MNV area undisturbed. Section 5. Based upon the foregoing findings and the evidence in the record, the Planning Commission hereby approves the Variance application for Zoning Case No. 662 for proposed stable and corral as shown on the Development Plan dated February 13, 2003 and marked Exhibit A/subject to the following conditions: 04 0616030 RESOLUTION NO. 2003-08 Variance, 18 Portuguese Bend Road 2 • • A. The Variance approvals shall expire within one year from the effective date of approval as defined in Sections 17.38.070(A) unless otherwise extended pursuant to the requirements of that section. B. It is declared and made a condition of the Variance approvals, that if any conditions thereof are violated, this approval shall be suspended and the privileges granted thereunder shall lapse; provided that the applicants have been given written notice to cease such violation, the opportunity for a hearing has been provided, and if requested, has been held, and thereafter the applicant fails to correct the violation within a period of thirty (30) days from the date of the City's determination. C. All requirements of the Buildings and Construction Ordinance, the Zoning Ordinance, and of the zone in which the subject property is located must be complied with unless otherwise set forth in the Permit, or shown otherwise on an approved plan. D. This approval shall be subject to the approval of the soils, geology and geotechnical reports and studies by the Los Angeles County Department of Public Works. 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. All conditions of approval set forth in Resolution No. 2003-04, pertaining to the development of a single family residence on subject property, in Zoning Case No. 656, shall remain in full force and effect. G. The future stable shall conform to all of the requirements of Sections `17.16.170 and 17.16.200 of the Zoning Code and be in substantial conformance with the site plan on file marked Exhibit A and dated February 13, 2003. In addition, any future stable structure shall be constructed in a manner that will not unnecessarily disturb native vegetation and habitat. H. There shall be no grading for the future stable. I. Structural lot coverage shall not exceed 6,786 square feet or 7.6%, which includes the future stable. J. Total lot coverage of structures and paved areas shall not exceed 14,069 square feet or 15.8% in conformance with lot coverage limitations. K. The disturbed area of the lot shall not exceed 34,960 square feet or 39.2% of the net lot area in conformance with lot disturbance limitations. L. Residential building pad coverage on the 22,880 square foot residential building pad shall not exceed 6,786 square feet or 29.7%, which includes 450 square feet future stable. 04 0616030 RESOLUTION NO. 2003-08 Variance, 18 Portuguese Bend Road 3 • • M. The provisions of Resolution No. 781, (Tentative Parcel Map), incorporated herein by reference, pertaining to special removal and disturbance restrictions of the Mature Native Vegetation (MNV) area and the established structural setback line shall continue to be in full force and effect. N. No contractor, operator of a bulldozer or other equipment construction worker on the site shall allow equipment, supplies or soil to encroach into a MNV area except as specified on the approved Site Plan. O. Landscaping shall include water efficient irrigation, to the maximum extent feasible, that incorporates a 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. P. All graded areas shall be landscaped. Landscaping for the entire project shall be designed using mature native trees, which at full maturity shall not exceed the ridge height of the structures, and native shrubs so as not to obstruct views of neighboring properties, but to screen the residence and the pool. In addition, the future stable, to the maximum extent practicable shall be screened from view from Portuguese Bend Road, without obstructing the City lights view from the neighboring properties. Q. During construction, any soil disturbance shall preserve the existing topography, flora, and natural features to the greatest extent possible. R. 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. S. During construction, the 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. T. 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. U. 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. V. The property owners shall be required to conform with the Regional Water Quality Control Board and County Health Department requirements for the installation and maintenance of septic tanks. RESOLUTION NO. 2003-08 Variance, 18 Portuguese Bend Road 4 04 0616030 W. The property owners shall be required to conform with the Regional Water Quality Control Board and County Health Department requirements for the installation and maintenance of stormwater drainage facilities. X. The property owners shall be required to conform with the Regional Water Quality Control Board and County Public Works Department Best Management Practices (BMP's) related to solid waste. Y. A drainage plan system shall be approved by the Planning Department and County District Engineer, to include any water from any site irrigation systems and that all drainage from the site shall be conveyed in an approved manner. Z. A detailed drainage plan and grading plan 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. AA. 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 permits. AB. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills Municipal Code, any modifications to the property, which would constitute additional grading or structural development, shall require the filing of a new application for approval by the Planning Commission. AC. Until the applicant executes an Affidavit of Acceptance of all conditions of the Variance approval, the approval shall not be effective. AD. All conditions of the Variance approval that apply shall be complied with prior to the issuance of a grading or a building permit from the County of Los Angeles. PASSED, APPROVED AND ADOPTED THIS 15TH DAY OF APRIL 2003. ., ATTEST: MARILYN KERN, DEPUTY CITY CLERK (? T77A.A1 HAIUKINS, CHAIRWOMAN 04 0616030 a RESOLUTION NO. 2003-08 Variance, 18 Portuguese Bend Road 5 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 2003-08 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE APPROVAL TO CONSTRUCT A FUTURE STABLE IN THE FRONT YARD AREA AT 18 PORTUGUESE BEND ROAD, (LOT 79-2-RH), IN ZONING CASE NO. 662. (MARSHALL) was approved and adopted at a regular meeting of the Planning Commission on April 15, 2003 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: cc mmissione RIargeta, Witte, Sommer and Chairwomann in . Commissioner DeRoy. None. None. and in compliance with the laws of California was posted at the following: Administrative Offices. • DEPUTY CITY CLERK 04 0616030 RESOLUTION NO. 2003-08 Variance, 18 Portuguese Bend Road h RESOLUTION NO. rie4.1 tV 4- 19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF FINAL PARCEL MAP NO. 23991, SUDIVISION NO. 88, A SUBDIVISION OF AN EXISTING 5.39 ACRE LOT INTO TWO RESIDENTIAL LOTS FRONTING THE WESTERN SIDE OF PORTUGUESE BEND ROAD IN ZONING CASE NOS. 520A AND 557. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, DETERMINE AND ORDER AS FOLLOWS: Section 1. On July 20, 1995, Dr. Robert W. Marshall, the owner of property at Lot 79-RH, and currently known as 17 Portuguese Bend Road, Rolling Hills, submitted a complete application for a tentative parcel map for the subdivision of the subject 5.39 acre existing property that has one residential unit into two single-family residential lots fronting the western side of Portuguese Bend Road. The tentative map application was approved by the City Council by Resolution No. 781 in Zoning Case No. 520A, which granted tentative parcel map approval of the proposed subdivision on May 28, 1996. Section 2. On April 4, 1997, an application in Zoning Case No. 557 was submitted requesting to modify a condition of the subdivision approval requiring the undergrounding of utilities. On June 9, 1997, based upon information and evidence submitted, the City Council approved a modification to Condition No. 20 related to the undergrounding of utilities and the inability to underground utilities across the canyon. Section 3. The City Council is now in receipt of a report from the City Engineer dated April 20, 1998 determining that Parcel Map No. 23991 is ready for City Council approval and acceptance and/or rejection of the dedications shown thereon. Section 4. Based upon the City Engineer's Report, the City Council finds as follows: a. Pursuant to Section 66474.1 (grounds for denial of a final map) of the Subdivision Map Act, Final Parcel Map No. 23391 is in substantial compliance with the previously approved tentative parcel map. b. This project will not violate any of the provisions of Sections 66474 (grounds for denial of tentative maps), 66474.1 (grounds for denial of a final parcel map) and 66474.6 (discharge of waste) of the Subdivision Map Act. c. That the proposed subdivision, together with the provisions for its design and improvement, is consistent with the Rolling Hills General Plan. d. That the development of the property as set forth on the final map will not unreasonably interfere with the free and complete exercise of any public entity and/or public utility rights of way and/or easements within the subject division of land, pursuant to sections 66436(a)(i-viii) (statement of record title of interest) and 66465(f) (separate statement of title) of the Subdivision Map Act. Section 5. Based upon the findings contained above, and pursuant to the requirements of the California Subdivision Map Act and the City's Subdivision Ordinance, the City Council hereby approves Final Parcel Map No. 23991. Section 6. The City accepts the dedication of the Flood Hazard Area shown on the map. The City Council finds that all "future" easements shown on said map are not required for present public use, and rejects the offers of dedication of said easements at this time. These offers shall remain open pursuant to Section 66477.2 (offers of dedication) of the Subdivision Map Act. Section 7. The City approves and accepts an agreement to relocate existing power poles and underground affected utilities, a faithful performance bond in the amount of $120,000 and a labor and materials bond of $120,000, each executed by the City of Rolling Hills and American Contractor's Indemnity Company, copies of which are attached hereto as Exhibits "A" and "B" to this Resolution. RESOLUTION NO. 839 -1- RESOLUTION NO. 814 ' o ct - iti SOLUT1ON OF THE CITY COUNCIL OW .-1TY OF ROLLING HILLS APPROVING A MODIFICATION TO TENTATIVE PARCEL MAP NO. 23991, SUBDIVISION NO. 88, A PREVIOUSLY APPROVED TENTATIVE SUBDIVISION OF A 5.39 ACRE LOT INTO TWO SINGLE-FAMILY RESIDENTIAL LOTS FRONTING THE WESTERN SIDE OF PORTUGUESE BEND ROAD IN ZONING CASE NO. 557. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1, Art application was duly filed by Dr. Robert W. Marshall with respect to real property at Lot 79-RH, and currently, known as 17 Portuguese Bend Road, Rolling Hills, requesting to modify a condition requiring the undergrounding of utilities for approved Tentative Parcel Map No. 23991 to subdivide a 539 acre existing property that has one residential unit into two single-family residential lots fronting the western side of Portuguese Bend Road. Section 2., On May 20, 1997, the Planning Commission approved Resolution No. 97-11 recommending that the City Council approve a modification to the previously approved subdivision. The Planning Commission considered this item at a public hearing on April 15, 1997, at which time information was presented indicating the inability of undergrounding utilities across the canyon to adjoining properties at the north easement of Parcel 1 and at the south easement of Parcel 2. Section3. The City Council considered this item at a public hearing on May 27, 1997, at which time information was presented indicating the inability of undergrounding utilities across the canyon. Section 4. Based upon information and evidence submitted, the City Council approves a modification to Condition No. 20 of Tentative Parcel Map No. 23991, previously approved by City Council Resolution No. 781, dated May 28, 1996. Paragraph 20, of Section 13 of Resolution No. 781 is amended to read as follows: '20. All utility lines, including, but not limited to electrical, telephone and cable television, which traverse or are proposed to traverse any portion of the two parcels created by this Tentative Parcel Map shall be placed underground except that the utility lines may be strung above ground from: (i) a point on the applicant's map on file with the City, dated April 11, 1997, on the north easement line of proposed Parcel 1 and traversing westerly across the canyon to the adjoining property, and (ii) from a point on the same map on the south easement line of proposed Parcel 2 and traversing westerly across the canyon to the adjoining property. The three existing utility poles on the subject property shall be removed. Only two new utility poles shall be permitted to exist on the properties as shown within the easement on the above -referenced map. The portion of the utility lines to be undergrounded shall be laid and accomplished in accordance with specifications of each affected utility, provided that such undergrounding complies with all other requirements of the City of Rolling Hills and the Rolling Hills Community Association.' Section 5. All other provisions of Resolution No. 781 and Tentative Parcel Map No. 23991 shall continue to be in full force and effect. PASSED, APPROVED and ADOPTED this 9th day of June, 1997. B. ALLEN LAY G t' MAYOR Resolution No. 814 -1- RESSUTION NO. 781 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF TENTATIVE PARCEL MAP NO. 23991, SUBDIVISION NO. 88, A REQUEST TO SUBDIVIDE A 5.39 ACRE EXISTING LOT THAT HAS ONE RESIDENTIAL UNIT INTO 2 SINGLE-FAMILY RESIDENTIAL LOTS FRONTING THE WESTERN SIDE OF PORTUGUESE BEND ROAD IN ZONING CASE NO. 520A. 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 Dr. Robert W. Marshall with respect to real property at Lot 79-RH, and currently known as 17 Portuguese Bend Road, Rolling Hills, requesting to subdivide the 5.39 acre existing property that has one residential unit into two single-family residential lots fronting the western side of Portuguese Bend Road. Section 2. The application was received for processing on July 20, 1995. The Planning Commission reviewed the case at subsequent meetings beginning on August 15, 1995. On October 17, 1995, a revised plan was presented showing a largerbuilding pad on Parcel 2 and a slightly reconfigured boundary line dividing the two lots. Following field trip review, the Planning Commission recommended denial of the plan to the City Council on December 19, 1995 because modifications were required for required lot frontage and the slope of the driveway. Section 3. On January 8, 1996, at a public hearing before the City Council, a plan that did not require modifications was presented to the City Council. At that time, the Council requested that a new application be filed by the applicant to the Planning Commission. Section 4. The application applies to Lot 79-RH which consists of 5.39 acres gross. This lot is proposed to be dividedinto two parcels as follows: Parcel 1 - 2.876 acres gross, 2.242 acres net; and Parcel 2 - 2.516 acres gross, 2.046 acres net. Lot 79-RH is within the RA- S-2 zone district (2-acre minimum zone), and referred to as Assessor's Book, Page, and Parcel No. 7569-014-018. The General Plan Land Use designation for this property is Very Low Density Residential 2+ Net Acres per Dwelling Unit. Section 5. The subject site is presently occupied by one residential structure at the southern portion of the property, surrounded by landscaping. The existing residential structure would be located on Parcel 2. The remainder of the lot is presently vacant except for a curved rubble wall at the north end of the lot and natural vegetation in a semidisturbed state. The site is surrounded by other single family dwellings on lots that are greater than 2 acres in size. The zone designation for the subject site is RA-S-2 and the zone designation on adjacent properties is RA-5-1 and RA-S-2. Sect -ion 6. The Planning Commission conducted a duly noticed public hearing to consider the application for a 2-lot subdivision of land on February 20, 1996, March 19, 1996, and April 16, 1996, and at a field trip meeting on March 9, 1996. The applicants were notified of the public hearing in writing by first class mail and through the City's newsletter. Evidence was heard and presented from all persons interested in affecting said proposal, from all persons protesting the same, and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. Concerns expressed by residents focused on drainage, the location of future residences and stables, the preservation of natural habitat, the tentative driveway location, and road safety on Portuguese Bend Road. The applicant's representatives were in attendance at the hearings. The Traffic Commission reviewed the tentative driveway location and road safety concerns at a meeting on April 11, 1996. The Planning Commission approved Resolution No. 96-8 recommending approval to the City Council of the 2-lot subdivision on April 16, 1996. Section 7. The City Council conducted a duly noticed public hearing to consider the application on April 22, 1996, May 13, 1996, and at a field trip visit on April 29, 1996. During the hearings, the Council discussed the undergrounding of all utilities as required by the Subdivision Code. Evidence was heard and presented from all persons interested in Resolution No. 781 -1- affecting said proposal, from all pel! ,is protesting the same, and from membillir the City staff and the City Council having reviewed, analyzed and studied said proposal. The applicant was in attendance at the hearings. . Section 8. According to Section 16.12.110 of Title 16, Subdivisions, of the Rolling Hills Municipal Code, the Planning Commission is the advisory agency for review of a tentative parcel map and the Commission is to make its recommendations to the City Council upon completing evaluation of all environmental impacts pursuant to the local guidelines implementing the California Environmental Quality Act (CEQA). Section 9. The Planning staff prepared an initial study for the project. The initial study found that the project would not have a significant effect on the environment if certain mitigation measures were included in the project. The Negative Declaration was prepared with those mitigation measures and was circulated to the applicant and other interested parties in accordance with State of California CEQA Guidelines. The public notice of the Planning Commission's intent to recommend approval of the Negative Declaration was published. Copies of the Negative Declaration were sent to adjacent cities and other government agencies. No comments on the Negative Declaration were received. Section 10. The City Council has reviewed the proposed Negative Declaration and finds that it represents the independent judgment of the City and that it was prepared in compliance with CEQA. Therefore, the Council finds that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures have been added to the project, and are incorporated herein by reference. Based upon these findings, the City Council hereby adopts the mitigated Negative Declaration in accordance with the California Environmental Quality Act. Section 11. Pursuant to Section 16.12.150 of the Rolling Hills Municipal Code, a tentative map shall be rejected under certain conditions. Based upon substantial evidence presented to the Planning Commission of the City of Rolling Hills during the public hearing referenced in Section 6, including public testimony, and written and oral staff reports, the City Council finds as follows: A. The proposed subdivision map and the design and improvement of the proposed subdivision are consistent with the applicable General Plan, including but not limited to, the following goals and policies of the General Plan: 1. Maintain Rolling Hills' distinctive rural residential character. (Land Use Element, p. 15.) 2. Accommodate development which is compatible with and complements existing land uses. (Land Use Element, p. 15.) 3. Accommodate development that is sensitive to the natural environment and accounts for environmental hazards. (Land Use Element, p. 16.) 4. Provide for housing which meets the needs of existing and future Rolling Hills residents. (Housing Element, p. 44) 5. Maintain and enhance the quality of residential neighborhoods in Rolling Hills. (Housing Element, p. 44) 6. Promote housing opportunities for all persons regardless of race, religion, sex, marital status, ancestry, national origin or color..(Housing Element, p. 45.) 7. Conserve and enhance the City's natural resources, facilitating development in a manner which reflects the characteristics, sensitivities and constraints of these resources. (Open Space and Conservation Element, p. 15.) B. The site is physically suitable for the proposed density and type of development. The proposed use, density, and proposed subdivision improvements are Resolution No. 781 -2- permitted in the RA•S-2 zone Farce' 2 242 acres net and Parcel 2 is 2 046 net h hich exceeds the minimum 2-acre Ic.. . e of the RA-S•2 zone. C. The design of the subdivision or the proposed improvement is not likely to cause substantial environmental damage; or substantially and avoidably injure fish or wildlife or their habitat, because the property is within an area of the City, designated for development. Conditions have been placed on this subdivision which will protect native vegetation from unnecessary removal. The initial study prepared for the project did not identify the site as containing unique or sensitive environmental qualities and no threatened, rare or endangered plant or animal species were identified during review of the project. D. The design of the subdivision or type of improvements is not likely to cause serious public health problems because conditions of approval have been applied to the project to require compliance with applicable codes and ordinances designed to protect public health and safety. E. The design of the subdivision or type of improvements will not conflict with easements acquired by the public at large for access .through or use of property within the proposed subdivision. This is because existing roadway easements will be maintained or expanded by this project and adequate access will be provided to these parcels and adjacent parcels. In addition, the parcels will contain perimeter easements providing access for roads, trails, and public utilities. As a condition of approval, these easements will be recorded in deeds prior to approval of the final map. F. The proposed subdivision will not adversely affect the housing needs of the region. G. The proposed use will be in substantial compliance with the provisions of the Residential Development Standards in the Rolling Hills Zoning Ordinance, as required by the conditions of approval. H. The proposed use will be compatible with other existing residential development in the immediate area because it meets the minimum lot size requirement, lot frontage requirement, driveway slope access requirement, and it is in an area already. developed with single family residential homes. I. The tentative map design provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible because the project is designed with lots of adequate dimensions to maximize the opportunities for passive and natural heating and cooling. J. The tentative map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, because the property in question has not been included in any such contract. K. Pursuant to Section 66474.6 of the Subdivision Map Act, the discharge of waste from the proposed subdivision into proposed septic systems will not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board, because the applicant is required to comply with all Conditions of Approval regarding waste disposal contained in Section 12 of this Resolution. L. Pursuant to the Rolling Hills Municipal Code Section 16.12.155, this Tentative Parcel Map is consistent with and does not impact the County of Los Angeles Hazardous Waste Management Plan. Section 11. Rolling Hills Municipal Code Section 16.16.020 requires that in all cases where practicable, the sidelines of lots shall be at approximate right angles to or radial to the street upon which such lot fronts. The sidelines on the most northerly and southerly property lines are not at right angles to the curved street, Portuguese Bend Road. Therefore, pursuant to Rolling Hills Municipal Code Section 16.12.130, the City Council grants a modification to this section of the Subdivision Ordinance for this project which is determined to be warranted because of the size and shape of the proposed division of land and the location and angles of existing lot lines. The alteration of the most northerly and Resolution No. 781 -3- southerly lot lines would not be praSble because they are the boundaries of tf fisting lot. Section 12. Based upon the foregoing findings, the City Council approves Tentative Parcel Map No. 23991, Subdivision No. 88 in Zoning Case No. 520A, a request for a two (2) lot subdivision of land (attached hereto as Exhibit A) subject to the modification to the subdivision ordinance specified in Section 11 and subject to the conditions contained in Section 13 of this resolution. Section 13, Tentative Parcel Map No. 23991, Subdivision No. 88 in Zoning Case No. 520A (attached hereto as Exhibit A) shall be subject to the following conditions: GENERAL CONDITIONS: 1. This Tentative Parcel Map shall expire two (2) years from the date of City Council approval. The Tentative Parcel Map was approved on and will expire on the following dates: APPROVAL DATE: MAY 28, 1996 EXPIRATION DATE: MAY 28, 1998 This approval shall become null and void if a final map has not been timely filed prior to the expiration date in accordance with provisions of the Subdivision Map Act. 2. An extension of time to the expiration date may be granted by or upon submittal of a formal application and required exhibits at least thirty (30) days prior to expiration. A letter indicating an intent to file an extension should be filed at least sixty (60) days prior to the expiration date. 3. This Tentative Parcel Map is granted for all boundary lines, easements, rights - of -way, and construction of off -site improvements as shown on the map labeled Exhibit A, dated April 12, 1996 as modified by the Conditions of Approval. 4. This Tentative Parcel Map approval is subject to all applicable requirements of the State of California, the County of Los Angeles, the City of Rolling Hills, any other affected governmental entities, and the requirements of the Rolling Hills Community Association. The duty of inquiry as to such requirements shall be upon the applicant. 5. The subdivider shall comply with all the requirements of the Rolling Hills Municipal Code, and all requirements of the City of Rolling Hills ordinances, resolutions, engineering standards and other applicable standards, that are in effect at the time that grading and building permits are issued for the development. 6. The subdivider shall obtain approval of, and all required permits from, the f Rolling Hills Community Association for all subdivision improvements affecting easements, roads, and trails. 7. In accordance with Chapter 1706 of the California State Statutes of 1990, the applicant shall pay any required fee, along with the required processing fee, to the City of Rolling Hills and County Clerk for remittance to the State Department of Fish and Game. This approval shall not be valid and effective unless and until the fee(s) have been paid and the Notice of Determination has been filed. 8. The applicant shall pay all fees at the time fees are determined to be applicable and comply with all requirements of the applicable Federal, State and Local agencies, including, but not limited to the following as. applicable: Los Angeles County Sanitation District Los Angeles County Consolidated Fire District California Water Service Company Palos Verdes Peninsula Unified School District United States Army Corps of Engineers Resolution No. 781 -4- 9. The subdivider shall de.• land or pay a fee in lieu thereof for pu of park and recreational facilities (Quimby. Act) in accordance with the proportional sta1taards set forth in Section 16.18.150 of the Rolling Hills Municipal Code. 10. Coordination with utility companies by the subdivider's engineer during design shall be required in order to ensure that required public improvements are not in conflict with existing or proposed utilities. 11. The subdivider shall comply with all requirements of the Congestion Management Plan for the County of Los Angeles and any related City of Rolling Hills requirements. 12. The subdivider shall defend, indemnify, and hold harmless the City of Rolling Hills and its officers, employees and agents from and against any claim, action or proceeding against the City of Rolling Hills, its officers, employees, or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Rolling Hills concerning this subdivision, including but not limited to any approval or condition of approval of the City Council, Planning Commission or Planning Director, which action is brought within the time period provided for in Government Code Section 66499.37. The City shall promptly notify the subdivider of any claim, action, or proceeding concerning the subdivision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees and agents in the defense of the matter. 13, When exhibits and written conditions of approval are in conflict, the written conditions shall prevail. • .. • THE FOLLOWING CO!.DITIONS SHALL BE MET PRIOR TO THE STAMPING OF THE TENTATIVE MAP FOR CONDITION COMPLIANCE: Planning 14. The Tentative Parcel Map, shall be drawn to a scale of one inch to one hundred feet unless otherwise required and approved by the City Engineer. 15. The Tentative Parcel Map shall, at a minimum, show: a. The tract number; b. Sufficient legal description of the land as to define the boundaries of the proposed tract; c. Name and address of the subdivider and of the registered engineer or licensed surveyor who has done or will do the survey work required to be done by this title; • d. Locations, names and existing widths of all adjoining streets or roads and a statement as to their character as being public or private; e. The width and grades of all existing and proposed roads within such proposed subdivision, and the direction of drainage and proposed disposition of water; f. The map shall incorporate a drainage plan and/or a note which provides that no additional drainage above current levels from Parcel 1 will flow onto or across the property located at 15 Portuguese Bend Road and designated as Lot 78-RH; g The widths and locations of all existing and proposed roads and easements, whether public or private, for drainage, bridle trails, sanitary and storm sewers, or public utility purposes; Resolution No. 781 -5- h. The map shall i that parcel lines extend to the center1rivate and future streets; i. The radii of all curves on streets or other easements; j. The lot layout and the dimensions of each lot; k. The location of a building pad that has a minimum 12,000 graded area and the location of a four hundred -fifty square foot stable area, and a five hundred -fifty square foot, corral area. The grade of access to the building pad shall not be greater than twenty percent, and to the stable area not greater than twenty-five percent; 1. The approximate locations of all areas subject to inundation of stormwater overflow, or geological hazard, which areas shall be marked 'Subject to Flooding' or 'Subject to Geological Hazard' and the locations, widths and directions of flow of all watercourses and/or swales; m. The approximate location and size of all existing and proposed water mains within and adjacent to such proposed tract; n. The approximate location and size of all existing and proposed fire hydrants within the proposed tract which shall be placed at intervals of not more than eight hundred feet; o. Proposed method of sewage disposal; p. Proposed use of each lot; q. Approximate contours at five-foot vertical intervals, except where the slope is in excess of thirty degrees, in which case the vertical interval between approximate contours shall be twenty feet, and where grading is proposed, engineering data shall show the approximate finish grading r. Proposed balanced cut and fill grading amounts; s. Proposed public areas, if any; t. Date, north point and scale; u. Number for each proposed lot; v. Statement of existing groundcover, w. Approximate location of each tree within the proposed subdivision area, and an indication as to which trees are to be removed; x. Delineate the boundaries of those areas on Parcels 1 and 2 which have been determined by the City, based upon the report and drawings by Horticulturist Landscape Architect Robert J. McMahon, Jr., to have mature native vegetation as of March 19, 1996 and that are intended to be protected and preserved. Note on the map, 'Mature native vegetation protected areas (MNV areas) subject to special removal and disturbance restrictions;' y. Approximate location and outline to scale of each existing building or structure within the proposed tract which will not be removed or demolished in the development of the subdivision; z. Note on the map and delineate a line beyond which no structural development shall occur west of that line. The line shall be drawn between a point on the north property Tine and a point on the south property line of Parcel 1. The point on the north property line shall be located 209 feet west of the intersection of the north property line and the front easement Tine. The point on the south property line shall be located 256 feet west of the intersection of the south property line and the front easement line. Note on the map, No structure shall be constructed further west of this line;' Resolution No. 781 -6- aa. The map shall d •te the location of a' minimum 450 squ.sloot stable and a minimum 550 square foot corral on each parcel of the subdivision; bb. Note on the map, "Any future stable structures shall not be constructed in a manner that will unnecessarily disturb native habitat;" cc. A designation by letter or actual name, for purposes of identification, of any street within the proposed subdivision; dd. Existing zoning both as to land use and area requirements; ee. The map shall show 40 foot street easements along Portuguese Bend Road, 30 foot street easements along Lower Blackwater Canyon Road, and 25 foot easements at the remaining perimeters of each parcel; ff. The map shall show all grades on Portuguese Bend Road and Lower Blackwater Canyon Road; .: The map shall show individual driveways that are 20 feet wide; hh. Label the driveways serving Parcel 1 and Parcel 2 as "Private Driveway - Fire Lane" on the final map; ii. Note on the map, "Geotechnical tiote(s), Potential Building Site: For grading and corrective work requirements for access and building area for Lot Nos. 1 and 2, refer to the Geotechnical Report by AGI Geotechnical Inc., dated 5/2.94, 4/5. 95, and 5/22/95;" jj. Note on the map, "Geotechnical Note(s), Per the geotechnical engineer, the design of all underground pipes founded in bedrock should consider the corrosive condition of the on -site material;" kk. Place a note of flood hazard on the final map and delineate the areas subject to flood hazard. Dedicate to the City the right to restrict the erection of buildings in the flood hazard area on Parcels 1 and 2; 11. ]f it is impossible or impracticable to place upon the tentative map any matter required in this section, such matter or information shall be furnished in a written statement which shall be appended to and submitted with such map. (Ordinance 161, Section 11-2.105, 1980). 16. Where public sewers are not available, and where private sewage systems will be utilized, the results of percolation tests shall be submitted in accordance with the recommendations of the City Health Officer; 17. There shall be filed with the tentative map a geological report prepared by a registered engineering geologist, as required by the Business and Professions Code of the State, showing the geological characteristics of each lot in the proposed subdivision, and that on each lot a building site can be developed which is free of geological hazard. Said report and the conclusions contained therein shall be approved by the City Engineer, and may be subject to the provisions of Chapter 16.36. 18. The Tentative Parcel Map shall comply with the City Subdivisions Code and Zoning Ordinance, the area requirements and subdivision development standards of the RA-S-2 Zone requiring a minimum parcel standard of 2 net acres per lot. 19. The applicants shall submit evidence that they are the owners of the property shown on the Tentative Parcel Map as proposed for subdivision. 20. All utility lines, including but not limited to electrical, telephone and cable television, which serve or are proposed to serve the 2 parcels created by this Tentative Parcel Map shall be placed underground. The underground utility lines shall be located within the roadway easement of Portuguese Bend Road with underground stems leading Resolution No. 781 -7- from Portuguese Bend Road to eac•rcel of this subdivision Any existing ut>,poles located on the property to be subdivided shall be removed and such utility wires be undergrounded in accordance with specifications from each affected utility, provided that such undergrounding complies with all other requirements of the City of Rolling Hilts and the Rolling Hills Community Association. 21. The existing stable structure located on proposed Parcel 2 shall be removed within 60 days of the tentative map approval or immediately if the Fire Department requires that the applicant clear brush around the structure. THE FOLLOWING CONDITIONS SHALL BE COMPLETED PRIOR TO OR IN CONNECTION WITH RECORDATION OF THE FINAL MAP: planning city Engineer/Superintendent Of Streets j.,and Development Division - Road Department Fire Department 22. Easements shall be granted to the Rolling Hills Community Association for the purpose of ingress, egress, construction and maintenance of all infrastructure constructed as roadways, trails, and utility access to the satisfaction of the City Engineer, City Eneineer'Superintendent of Streets and Development Division 23. Details and notes shown on the tentative map are not necessarily approved. Any details or notes which may be inconsistent with requirements of ordinances, general conditions, of approval, or City policies must be specifically approved by the City. Otherwise all such inconsistent details and notes or ordinance requirements shall be corrected to conform to these conditions and ordinance requirements that were in effect at the time that this tentative map was approved by the City of Rolling Hills. 24. The distances from the proposed lot/parcel lines to the buildings which are to remain must be shown. if such distances will create nonconforming conditions under Building Code Chapters 5, 18, 19 and 21 or Zoning Ordinance requirements, such lot 'parcel lines shall be relocated or the non -complying conditions of the buildings shall be corrected .prior to the division of land. 25. Easements are tentatively required, subject to review by the City Engineer to determine the final locations and requirements. 26. In lieu of establishing the final specific locations of structures on each parcel at this time, the owner, at the time of issuance of a grading or building permit agrees to develop the property in conformance with the City Code and other appropriate ordinances such as the Building Code, Plumbing Code, Grading Ordinance, Highway Permit Ordinance, Mechanical Code, Zoning Ordinance, Undergrounding of Utilities Ordinance, Water Ordinance, Sanitary Sewer and Industrial Waste Ordinance, Electrical Code, and Fire Code. Improvements and other requirements may be imposed pursuant to such codes and ordinances. 27. All easements existing at the time of final map approval must be accounted for on the approved tentative map. This includes the location, owner, purpose, and recording reference for all existing easements. If an easement is blanket or indeterminate in nature, a statement to that effect must be shown on the tentative map in lieu of its location. If all easements have not been accounted for, submit a corrected tentative map to the Planning Department for approval. 28. Label the 20 foot access easement on Parcels 1 and 2 as 'Private Driveway and Fire Lane' and delineate on the final map to the satisfaction of the Fire Department. 29. Provide proof of access prior to final approval and delineate on the final map. Resolution No. 781 •8- 30. A final parcel map mu•processed through the City Engineer pnoheing filed with the County Recorder. 31. Prior to submitting the final parcel map to the City Engineer for examination pursuant to Section 66450 of the Government Code, obtain clearances from all affected Departments and Divisions, including a clearance from the Subdivision Section of the Land Development Division of the Department of Public Works for the following mapping items: mathematical accuracy; survey analysis; and correctness of certificates, signatures, etc. 32. A preliminary guarantee is needed if signatures of record title interests appear on the final map. A final guarantee will be required. If said signatures do not appear on the final map, a title report/guarantee is needed showing all fee owners and interest holders and this account must remain open until the final parcel map is filed with the County Recorder. 33. Grant ingress/egress and utility easements to the public over the private and future streets on the final map. City Eneineer/Superintendent of Streets Land Development Division - Subdivision Section t' existing at the +:mo of final mapapproval must be accounted J4. Al! easements c"%iSu,�b " err' for on the final map. This includes the location, owner, purpose, and recording reference for all existing easements. If an easement is blanket or indeterminate in nature, a statement to that effect must be shown on the final map in lieu of its location. If all easements have not been accounted for, submit a corrected tentative map to the Planning Department for approval. 35. All easements shown on the Tentative Parcel Map, that are found to be in compliance with these conditions by the City and the Rolling Hills Community Association shall be described and provided for in written deeds to the Rolling Hills Community Association. The form and content of the deeds must be approved by the City and the Rolling Hills Community Association prior to recordation. All such deeds of easement shall be recorded prior to the recordation of the final map. Planning 36. The final map must include a line beyond which no structural development shall occur west of that line. The line shall be drawn between a point on the north property line and a point on the south property line of Parcel 1. The point on the north property line shall be located 209 feet west of the intersection of the north property line and the front easement line. The point on the south property line shall be located 256 feet west of the intersection of the south property line and the front easement line. The final map must include the following statement on Parcel 1, 'No structure shall be constructed further west of this line;" 37. The final map must include the following statement, •Mature native vegetation protected areas (MNV areas) subject to special removal and disturbance restrictions;" 38. The final map must include the following statement, "Any future stable structures shall not be constructed in a manner that will unnecessarily disturb native habitat;" 39. A preliminary guarantee is needed if signatures of record title interests appear on the final map. A final guarantee will be required. If said signatures do not appear on the final map, a title report/guarantee is needed showing all fee owners and interest holders and this account must remain open until the final parcel map is filed with the County Recorder. 40. The final parcel map must be processed through the County Engineer prior to being filed with the County Recorder. Resolution No. 781 -9- 41 The subdivider shall ento an agreement with the City franchise: TV operator to permit the installation of cable in a common utility trench. 42. In accordance with Section 21.36.010(c) of the County's Subdivision Ordinance a deposit is required to review documents and plans for final map clearance. City Engineer/Superintendent of Streets Land Development Division - Water Ordinance Subunit Fire Department 43. Provide water mains, fire hydrants, and fire flows as required by County Forester and Fire Warden for all land shown on the map to be recorded. 44. Water mains shall be designed to meet or exceed the total flow requirements determined for domestic flow and fire flow for this development. Required domestic flow shall be calculated by the subdivider's engineer. Fire flow shall be determined by the Los' Angeles County Fire Department as follows: a. The required fire flow for public fire hydrants at this location is 1,250 gallons per minute at 20 psi for a duration of 2 hours, over and above maximum daily domestic demand. b. Upgrade two public/private fire hydrants unless fire flow meets Fire Department requirement. c. All hydrants shall measure 6" x 4" x 2-1/2" brass or bronze, conforming to current AWWA standard C503 or approved equal. All hydrants shall be installed a minimum of 25 feet from a structure or protected by a two (2) hour fire wall as per map on file with the Fire Department. 45. AU required fire hydrants shall be installed, tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. 46. All hydrants shall be installed in conformance with Title 20, Los Angeles County Government Code or appropriate City regulations. This shall include minimum six-inch diameter mains. Arrangements to meet these requirements must be made with the water purveyor serving the area. 47. The plans and specifications for the water delivery system shall be submitted for approval to the responsible water purveyor prior to final approval of this development by the City Engineer. In all cases where water system facilities have not been installed prior to filing this development with the City Engineer for final approval, the applicant shall submit a Labor and Materials bond in addition to one of the following: a. An agreement and Faithful Performance bond in the amount approved by the City Engineer to be sufficient to guarantee installation of the improvements; or b. An agreement and evidence satisfactory to the City Engineer showing that the applicant has entered into a contract with the serving water utility for establishing a security guaranteeing payment for the installation of the improvements. 48. The relationship of existing sewage disposal components to the new parcel lines may create conditions that do not comply with the Building Code/Plumbing Code/Zoning Ordinance. Thesenon-complying conditions shall be corrected or the lot/parcel lines relocated prior to the division of land. 49. The applicant shall file with the City Engineer a statement from the water purveyor indicating that the water system will be operated by the purveyor and that under normal operating conditions, the system will meet the requirements for the land division, and that water service will be provided to each parcel. Resolution No. 781 -10- Public Works Materials Eneineerine Division • Geo, Review • 50. The final map must be approved by the Geology and Soils Section to assure that all geologic factors have been properly evaluated. 51. Specific recommendations will be required from the consultant(s) regarding the suitability for development of Parcel 1 and Parcel 2. However, in no event shall the geologic mitigation require the grading of more than 40% of any parcel. In the event proper mitigation requires more than 40% mitigation, then this map shall be brought back for consideration before the Planning Commission and the City Council. 52. The final map must include the following statement, "Geotechnical Note(sl„ Potential Building Site: For grading and corrective work requirements for access and building area for Lot Nos. 1 and 2, refer to the Geotechnical Report by AGI Geotechnical Inc., dated 5/2/94, 4/5/95, and 5/22/95." 53. The final map must include the following statement, 'Geotechnical Note(sl. Per the geotechnical engineer, the design of all underground pipes founded in bedrock should consider the corrosive condition of the on -site material? THE FOLLOWING CONDITIONS SHALL BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: Citv Eneineer Superintendent of Streets Land Development Division - Drainaee and Gradine Section Fire Department Plannine 54. All previous conditions of this approval shall be complied with to the satisfaction of the City. 55. No building or grading permits shall be issued for construction until Site Plan Review approval has been granted by the Planning Commission for the construction of single family residences on the proposed parcels. 56. Any future stable structures shall not be constructed in a manner that will unnecessarily disturb native habitat. 57. The removal and disturbance restrictions for the mature native vegetation protected areas (MNV areas) depicted on the Final Map shall be as follows: a. No grading, development, or removal of live mature vegetation in the MNV areas shall be permitted, and no new trail, access road or pathway shall be created in a MNV area except in connection with the approval of a Site Plan Review application, a Community Association approval for use of an easement, or as required to comply with Fire Department and City regulations regarding brush clearance, as determined in consultation with those entities. In the event removal or thinning of mature natural vegetation is required to comply with Fire Department Regulations, the least invasive technique shall be utilized. b. Prior to the issuance of any grading permit, a biologist or native plant specialist approved by the City shall meet with the general contractor and grading contractor to explain the boundaries of the MNV areas, the boundaries of those MNV areas permitted to be removed by the approved Site Plan, and the restrictions contained in this condition. c. No contractor, operator of a bulldozer or other equipment or other construction worker on the site shall allow equipment, supplies or soil to encroach into a MNV area except as specified on the approved Site Plan. Resolution No. 781 •11- d. No chemicals, ding but not limited to fertilizers, ides, herbicides, detergents, chlorine or pool chemicals, shall be used, disposed of, or allowed to drain into a MIEN area, except fertilizers approved by a City approved biologist. 58. Notify the State Department of Fish and Game prior to commencement of work within any natural drainage course. 59. Maximum driveway grade shall not exceed 12%. Twenty foot paved width driveways (as shown) are acceptable. 60. Fire Department access shall be extended to within 150 feet distance of any portion of structure to be built. 61. Access shall comply with Section 10.207 of the Fire Code which requires all weather access. All weather access may require paving. 62. No septic tanks or other similar structures, except boundary fences, shall be constructed within 150 feet of the centerline of the intermittent blue line stream at the western portion of Parcels 1 and 2. 63. In the event that subsurface material of an archaeological, paleontological or other cultural resource is encountered during project grading or development, all grading and construction shall cease in the immediate area, and the find shall be left untouched until a qualified professional archaeologist or paleontologist, whichever is appropriate, is contacted and called in to evaluate the find and makes recommendations as to disposition, mitigation or salvage. The developer shall incur the cost of such professional investigation. The developer shall comply with the mitigation measures recommended and approved by the City for the disposition, mitigation or salvage of such material. 64. The applicants shall obtain a "will serve" letter from the California Water Service. Domestic water will be supplied to the subject property. 65. If, because of future grading, ,or for any other reason, it is found that the requirements of the Plumbing Code cannot be met on any of the proposed lots, the Department of Health Services will recommend that no building permit be issued for the construction of homes on such parcels. Health Department 66. A private sewage disposal system shall be designed in compliance with the Los Angeles County Health Codes and Building and Safety Codes. 67. Approval of the method of sewage disposal is contingent upon the approval by the California Regional Water Quality Control Board, Los Angeles Region. 68. The size of the dwelling may be limited by the size of the private sewage disposal system that can legally be installed in each lot. City Eneineer!Superintendent of Streets Land Development Division - Drainage and Grading, 69.. Grading and development plans shall include: a. Methods to eliminate sheet overflow in' order to protect the parcels from high velocity scouring action; b. Provision for contributory drainage from adjoining properties; c. Provision for the proper distribution of drainage above existing conditions beyond the proposed subdivision; and Resolution No. 781 -12- d. Provision that the, hall be no increase of drainage from Para. that , will flow onto or across the property located at 15 Portuguese Bend Road and designated as .: Lot 78-RH. 70. The grading plan shall utilize land form or contour grading techniques in its design so as to create slopes that blend with the natural horizontal and vertical contours of the existing terrain and in no case shall cut and fill slopes be steeper than the City of Rolling Hills standard of 2 to 1 slope ratio. Fire Devartment 71. All proposed residences shall be constructed with an approved automatic sprinkler system. 72. The building pad areas shall be capable of providing parking for excess vehicles. 73. All required fire hydrants shall be installed, tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. 74. The private driveways shall be indicated on the final map as "Fire Lane" and shall be maintained in accordance with the Los Angeles County Fire Code. 75. Additional fire protection systems shall be installed in lieu of suitable access 'and or fire protection water. Materials Enzineerine Division - Geoloev Review 76. All geologic hazards associated with this proposed development must be eliminated or be delineated as restricted use areas, approved by the consultant geologist, to the satisfaction of the Geology and Soils Section, and dedicate to the City the right to prohibit the erection of buildings or other structures within the restricted use areas. 77. A geology and soils engineering report shall be required prior to approval of building or grading plans. THE FOLLOWING CONDITIONS SHALL BE COMPLETED IN CONJUNCTION WITH FINAL BUILDING CONSTRUCTION: 78. Repair any broken or damaged pavement on streets within or abutting the' subdivision. 79. Postal delivery receptacles shall be located and installed in groups to serve two or more residential units. Fire Department 80. Provide City, Fire Department and Rolling Hills Community Association approved street signs and building address numbers prior to occupancy. 81 Conditions 1 through 21 shall be met prior to the stamping of the tentative map for condition compliance. 82. Conditions 22 through 53 shall be completed prior to or in conjunction with recordation of the final map of any phase. 83. Conditions 54 through 77 shall be completed prior to issuance of building permits. Resolution No. 781 •13• 84. Conditions building construction. 78 throw 4110 shall be completed in conjunction g P 1 APPROVED AND ADOPTED THIS 28TH DAY OF MAY 1996. ATTEST: •K, MARILYN L. KERN, DEPUTY CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLLNG HILLS ) t a certify that the fcregoir .g Resc!utionN781 er iFkd: wia.1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF TENTATIVE PARCEL MAP NO. 23991, SUBDIVISION NO.88, A REQUEST TO SUBDIVIDE A 5.39 ACRE EXISTING LOT THAT HAS ONE RESIDENTIAL UNIT INTO 2 SINGLE-FAMILY RESIDENTIAL LOTS FRONTING THE WESTERN SIDE OF PORTUGUESE BEND ROAD IN ZONING CASE NO. 520A. final was approved and adopted at a regular meeting of the Planning Commission on May 28, 1996 by the following roll call vote: AYES: Councilmembers Hill, Pernell, Mayor Pro Tem Lay and Mayor Murdock. NOES: None. ABSENT: Councilmember Heinsheimer. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices DEPUTY CITY CLERK Resolution No. 781 -14.