656, Extension for grading and cons, Resolutions & Approval Conditions• •
RESOLUTION NO. 2004-12
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ROLLING HILLS APPROVING
MODIFICATION TO PLANNING COMMISSION
RESOLUTIONS NO. 2003-04 AND 2003-08 AND
APPROVING AN EXTENSION TO PREVIOUSLY
APPROVED SITE PLAN REVIEW TO PERMIT GRADING
AND CONSTRUCTION FOR A NEW SINGLE FAMILY
RESIDENCE AND VARIANCE TO ENCROACH WITH A
FUTURE STABLE INTO THE FRONT YARD AT 18
PORTUGUESE BEND ROAD IN ZONING CASE NO. 656
AND 662 (SARIDAKIS).
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 Mrs. Lisa Saridakis with respect
to real property located at 18 Portuguese Bend Road, Rolling Hills, requesting an
extension to previously approved Site Plan to construct a new single family
residence and Variance to encroach with a future stable into the front yard.
Section 2. The Commission considered this item at a meeting on April
20, 2004, at which time information was presented indicating that additional time
is needed to process the development application.
Section 3. Based upon information and evidence submitted, the Planning
Commission does hereby amend Paragraph A, Section 6 of Resolutions No. 2003-04 to
read as follows:
"A. The Site Plan Review approval shall expire within two years from the
effective date of approval as defined in Section 17.46.080(A) of the Zoning Code,
and as amended by Resolution No. 2003-08, unless construction of the structure
have commenced within that time period."
Section 4. Based upon information and evidence submitted, the Planning
Commission does hereby amend Paragraph A, Section 5 of Resolutions No. 2003-
08 to read as follows:
"A. The Variance approval shall expire within two years from the
effective date of approval as defined in Sections 17.38.070, unless construction of
the structure have commenced within that time period."
Section 5. Except as herein amended, the provisions of Resolution No.
2003-04 and Resolution No. 2003-08 shall continue to be in full force and effect.
PASSED, APPROVED AND ADOPTED THIS 20th DAY OF APRIL 2004.
ARVEL WITTE, CHAIRMAN
ATTEST:
I<_e\ )
MARILYN KERN, DEPUTY CITY CLERK
• •
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS
I certify that the foregoing Resolution No. 2004-12 entitled:
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ROLLING HILLS APPROVING
MODIFICATION TO PLANNING COMMISSION RESOLUTIONS
NO. 2003-04 AND 2003-08 AND APPROVING AN EXTENSION
TO PREVIOUSLY APPROVED SITE PLAN REVIEW TO PERMIT
GRADING AND CONSTRUCTION FOR A NEW SINGLE
FAMILY RESIDENCE AND VARIANCE TO ENCROACH WITH
A FUTURE STABLE INTO THE FRONT YARD AT 18
PORTUGUESE BEND ROAD IN ZONING CASE NO. 656 AND
662 (SARIDAKIS).
was approved and adopted at a regular meeting of the Planning
Commission on April 20, 2004 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 the following:
Administrative Offices
DEPUTY CITY CLERK
•
C t c e t recorded
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
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
Has not been compared with original.
Original will be retuned when
processing has been completed.
LOS ANGELES COUNTY REGISTRAR • RECORDER
notarized before recordation.
AFFIDAVIT O F ACCEPTANCE FORM
) §§
ZONING CASE NO. 656 and 662
SITE PLAN REVIEW
VARIANCE
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
I am (We are) aware of, and accept, all the stated conditions in said
T Recorders Use Only
XX
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.
Signature
Name typed or printed
Address •
City/State
Signatures must be acknowledged by a notary public.
State of California
County of Los Angeles )
On before me,
Signature
Name typed or printed
Address
City/State
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
•-C-XfI B iT
RESOLUTION NO. 2003-08
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS GRANTING A VARIANCE
APPROVAL TO CQNSTRUCT 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
• •
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:
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.
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
• •
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.
)
I HAI4KIN, CHAIRWOMAN
ATTEST:
t tit.
MARILYN KERN, DEPUTY CITY CLERK
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:
Sommissionefig,nkins�eta, Witte, Sommer and
airwoman
Commissioner DeRoy.
None.
None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
DEPUTY CIT CLERK
RESOLUTION NO. 2003-08
Variance, 18 Portuguese Bend Road r,
i •
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 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 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.
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, 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.
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, disturbanceand 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 2003-04 �
• •
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.
G. The proposed development is sensitive and not detrimental to the
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, 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
Ivithin 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.
B. It is declared and made a condition of the Site Plan Review approval, that
if any conditions thereof are violated, this approval shall be suspended and the
privileges granted thereunder shall lapse; provided that the applicant has been given
RESOLUTION NO 2003-04 3
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
with 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 300 feet 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.
I. 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 15.8% in conformance with lot coverage limitations.
L. 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.
RESOLUTION NO 2003.04 4
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.
O. 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,
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
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. During construction, the property owners shall be required to schedule and
regulate construction and related traffic noise throughout the day between the hours of
7 AM and 6 PM, Monday through Saturday only, when construction and mechanical
equipment noise is permitted, so as not to interfere with the quiet residential
environment of the City of Rolling Hills.
Z. 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.
AB. 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.
AC. 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.
RESOLUTION NO 2003-04 6
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.
Al. 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.
EVIE HANKINS, CHAIRWOMAN
ATTEST:
MARILYN KERN, DEPUTY CITY CLERK
RESOLUTION NO 2003-04 7
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I 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 CITE Y CLERK
RESOLUTION NO 2003-04