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699, Construct a stable in the fron, Resolutions & Approval Conditionsu,. • 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 T RECORDER'S USE ONLY THE REGISTRAR -RECORDER'S OFFICE REQUIRES THAT THE FORM BE NOTARIZED BEFORE RECORDATION. AFFIDAVIT OF ACCEPTANCE FORM STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) ZONING CASE NO. 699 MODIFICATION SITE PLAN REVIEW XX VARIANCES I (We) the undersigned state: I am (We are) the owner(s) of the real property described as follows: 40 PORTUGUESE BEND ROAD, ROLLING HILLS, (LOT 119-RH) CA 90274 This property is the subject of the above numbered case and conditions of approval I am (We are) aware of, and accept, all the stated conditions in said ZONING CASE NO. 699 MODIFICATION SITE PLAN REVIEW VARIANCES I (We) certify (or declaree penalty erjury that the foregoing is ye ad correct. Signature Signat usI114 5Itr ev P,t gl N_ Name typed or printed st-8tivik.s7 k9 .Name typed oa.r pri Address I Address K 41- Eg., Li;. 47 . .).--2 it City/State City/State XX Signatures must be acknowledged by a notary nublic. State of California County of Los Angeles ) On ------before me, personally appeared personally known to me (or proved to Me,„on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s).. on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness by hand and official seal. Signature of Notary SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF 1.0 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 0 v -ZOcr before me, Date personally appeared PATRICIA MALLEY Commission # 1735056 Notary Public - California I Los Angeles County tk/Comm.ExplresMar29,2011 e J ere Insert Nam and Title of the Offige � Insert Name6f Signer(s) who proved to me on the basis of satisfactory evidence to be the pers0 whose na i •ubscribed to the within inst ument and acicnow edged to me that he/sh- ('- = ecuted the same in his/h authorized capa Y440 and that by his/here_ signatu aar• n the instrument the perso4 or the entity upon behalf of which the perso s) ed, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my ha and official seal. Signaturd �-'� Place Notary Seal Above C Signature of No 4p OPTIONAL !/ Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 51a1 OF SIGNER WIN Top of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 1 ..1' • I Top of thumb here `thSLoth' `c .c `c:K`CkSt.:.k.`C'k,`G'c `c:!c:.6SNk}C�d'�� ' 'C ©2007 National Notary Association • 935▪ 0 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313.2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 • ExmnsiT A - RESOLUTION NO. 2008-03 A MODIFICATION TO A PREVIOUSLY APPROVED PROJECT TO REDUCE THE GRADE OF THE APPROVED SLOPES IN THE FRONT OF THE PROPERTY AND TO MODIFY THE DISTURBED NET LOT AREA OF THE LOT. THE ORIGINAL APPROVAL CONSISTED OF A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE WITH BASEMENT AND A STABLE IN ZONING CASE NO. 699, AT 40 PORTUGUESE BEND ROAD, (LOT 119-RH), (SU). THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application was duly filed by Mr. and Mrs. Austin Su with respect to real property located at 40 Portuguese Bend Road (Lot 119-RH), Rolling Hills, CA requesting a modification to a previously approved Site Plan Review in Zoning Case No. 699 for grading of 3,404 cubic yards of dirt, subsequently amended by the City Council to 3,438 cubic yards in order to relocate the driveway out of the easement, and construction of a new 9,490 square foot single family residence, 1,776 square foot garage, 1,160 square foot swimming pool and pool equipment, 2,402 square feet of covered porches and 1,016 square feet of attached trellises, 6,640 square foot basement, service yard and a 575 square foot stable. The request for modification is to exceed the previously approved disturbed net lot area from 35.7% to 39.0%, (40% maximum permitted), to reduce the grade of the slopes in the front of the property and to utilize 550 cubic yards of soil for that purpose generated from over excavation for footings and septic tank excavation. Section 2. The Planning Commission conducted duly noticed public hearing to consider the application on February 19, 2008. The applicants and neighbors within 1000-foot radius of the property were notified of the public hearing in writing by first class mail. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. The applicants' representative was in attendance at the hearing. Section 3. The Planning Commission at their February 19, 2008 meeting by 3-0 vote directed staff to prepare a Resolution to modify Zoning Case No. 699. Three Commissioners participated in deliberation of this case. Chairman Sommer and Commissioner Smith abstained from deliberation due to proximity of their properties to subject project. Section 4. 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. ZC NO. 699 MOD. 1 • Section 5. In the past several years, the Planning Commission and the City Council discussed the issue of grading in the City, which in most cases result in 2:1 slopes. In many cases, the steep slopes result from the inability of the developer to export dirt. Since these discussions, staff has been directed to encourage developers to construct less than the maximum permitted slopes of 2:1. The 2:1 slopes look unnatural and do not meet the City's goal of preserving the natural terrain of the land, to the maximum extend practicable. The proposed modification to disturb additional 3.3% of the lot to develop 3:1 slopes and 4:1 slopes in the front of the property and to utilize the exceed dirt, meet the City's goal to minimize the grade of slopes. Section 6. Section 17.46.070 of the Zoning Ordinance provides authority for modifications to previously approved applications. Modification of approved plans and / or conditions imposed, including additions and deletions, may be considered by staff under a minor modification and by the Planning Commission under major modification. Staff determined that this request constitutes a major modification to the previously approved applications and therefore requires Planning Commission action. In addition, the Planning Commission conditioned the property, during the previous approval, that any future construction including grading, shall be reviewed by the Planning Commission. Section 7. Based on the findings set forth above, the Planning Commission hereby amends the following conditions of approval in Zoning Case No. 699, adopted on June 14, 2005: I. A. Condition I is hereby amended to read: I. Grading shall not exceed 3,988 cubic yards of cut and 3,988 cubic yards of fill and shall be balanced on site. B. Condition L is hereby amended to read: L. The disturbed area of the lot shall not exceed 39.0% of the net lot area. II. The following conditions are hereby added in Zoning Case No, 699, adopted on the 14th day of June 2005: A. All references to grading quantities, percentage of disturbed area and the gradient of slopes in the approval dated June 14, 2005 of Zoning Case No. 699, are hereby repealed and the applicant shall develop the lot according to the Development Plan dated February 7, 2008, and marked Exhibit A, which is on file in the Planning Department, and according to the conditions specified in this resolution (2008-03). B. A drainage plan for the modified grading and reduced slopes shall be submitted and approved by the Los Angeles County Building Department. The drainage shall be design in such a manner as not to be located in any easements, unless approved by the Rolling Hills Community Association. No irrigation or drainage device may be located on a property in such a manner as to contribute to erosion or in any way adversely affect an easement, trail or adjacent ZC NO. 699 MOD. 2 properties. If an above ground swale and / or dissipater are required, the above ground swale and/or dissipater shall be stained in an earth tone color, and shall be screened from any trail, road and neighbors' view to the maximum extent practicable, without impairing the function of the drainage system. C. All other findings and conditions of approval in Zoning Case No. 699 adopted on June 14, 2005 shall be in full force and effect. PASSED, APPROVED AND ADOPTED THIS 19th DAY OF MARCH, 2008. sih,,e e 14..",_._, RICHARD HENKE, VICE- CHAIRMAN ATTEST: fn MARILYN KERN, DEPUTY CITY CLERK ZC NO. 699 MOD. 3 • • STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS I certify that the foregoing Resolution No. 2008-03 entitled: A MODIFICATION TO A PREVIOUSLY APPROVED PROJECT TO REDUCE THE GRADE OF THE APPROVED SLOPES IN THE FRONT OF THE PROPERTY AND TO MODIFY THE DISTURBED NET LOT AREA OF THE LOT. THE ORIGINAL APPROVAL CONSISTED OF SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE WITH BASEMENT AND A STABLE IN ZONING CASE NO. 699, AT 40 PORTUGUESE BEND ROAD, (LOT 119-RH), (SU). was approved and adopted at a continued meeting of the Planning Commission on March 19, 2008 by the following roll call vote: AYES: Commissioner DeRoy, Witte and Vice Chairman Henke. NOES: None. ABSENT: None. ABSTAIN: Commissioner Smith and Chairman Sommer. and in compliance with the laws of California was posted at Administrative Offices. DEPUTY CITY CLERK ZC NO. 699 MOD. 4 • • RESOLUTION NO. 2008-03 A' MODIFICATION TO A PREVIOUSLY APPROVED PROJECT TO REDUCE THE GRADE OF THE APPROVED SLOPES IN THE FRONT OF THE PROPERTY AND TO MODIFY THE DISTURBED NET LOT AREA OF THE LOT. THE ORIGINAL APPROVAL CONSISTED OF A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE WITH BASEMENT AND A STABLE IN ZONING CASE NO. 699, AT 40 PORTUGUESE BEND ROAD, (LOT 119-RH), (SU). THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application was duly filed by Mr. and Mrs. Austin Su with respect to real property located at 40 Portuguese Bend Road (Lot 119-RH), Rolling Hills, CA requesting a modification to a previously approved Site Plan Review in Zoning Case No. 699 for grading of 3,404 cubic yards of dirt, subsequently amended by the City Council to 3,438 cubic yards in order to relocate the driveway out of the easement, and construction of a new 9,490 square foot single family residence, 1,776 square foot garage, 1,160 square foot swimming pool and pool equipment, 2,402 square feet of covered porches and 1,016 square feet of attached trellises, 6,640 square, foot basement, service yard and a 575 square foot stable. The request for modification is to exceed the previously approved disturbed net lot area from 35.7% to 39.0%, (40% maximum permitted), to reduce the grade of the slopes in the front of the property and to utilize 550 cubic yards of soil for that purpose generated from over excavation for footings and septic tank excavation. Section 2. The Planning Commission conducted duly noticed public hearing to consider the application on February 19, 2008. The applicants and neighbors within 1000-foot radius of the property were notified of the public hearing in writing by first class mail. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. The applicants' representative was in attendance at the hearing. Section 3. The Planning Commission at their February 19, 2008 meeting by 3-0 vote directed staff to prepare a Resolution to modify Zoning Case No. 699. Three Commissioners participated in deliberation of this case. Chairman Sommer and Commissioner Smith abstained from deliberation due to proximity of their properties to subject project. Section 4. 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. ZC NO. 699 MOD. 1 • • Section 5. In the past several years, the Planning Commission and the City Council discussed the issue of grading in the City, which in most cases result in 2:1 slopes. In many cases, the steep slopes result from the inability of the developer to export dirt. Since these discussions, staff has been directed to encourage developers to construct less than the maximum permitted slopes of 2:1. The 2:1 slopes look unnatural and do not meet the City's goal of preserving the natural terrain of the land, to the maximum extend practicable. The proposed modification to disturb additional 3.3% of the lot to develop 3:1 slopes and 4:1 slopes in the front of the property and to utilize the exceed dirt, meet the City's goal to minimize the grade of slopes. Section 6. Section 17.46.070 of the Zoning Ordinance provides authority for modifications to previously approved applications. Modification of approved plans and / or conditions imposed, including additions and deletions, may be considered by staff under a minor modification and by the Planning Commission under major modification. Staff determined that this request constitutes a major modification to the previously approved applications and therefore requires Planning Commission action. In addition, the Planning Commission conditioned the property, during the previous approval, that any future construction including grading, shall be reviewed by the Planning Commission. Section 7. Based on the findings set forth above, the Planning Commission hereby amends the following conditions of approval in Zoning Case No. 699, adopted on June 14, 2005: I. A. Condition I is hereby amended to read: I. Grading shall not exceed 3,988 cubic yards of cut and 3,988 cubic yards of fill and shall be balanced on site. B. Condition L is hereby amended to read: L. The disturbed area of the lot shall not exceed 39.0% of the net lot area. II. The following conditions are hereby added in Zoning Case No, 699, adopted on the 14th day of June 2005: A. All references to grading quantities, percentage of disturbed area and the gradient of slopes in the approval dated June 14, 2005 of Zoning Case No. 699, are hereby repealed and the applicant shall develop the lot according to the Development Plan dated February 7, 2008, and marked Exhibit A, which is on file in the Planning Department, and according to the conditions specified in this resolution (2008-03). B. A drainage plan for the modified grading and reduced slopes shall be submitted and approved by the Los Angeles County Building Department. The drainage shall be design in such a manner as not to be located in any easements, unless approved by the Rolling Hills Community Association. No irrigation or drainage device may be located on a property in such a manner as to contribute to erosion or in any way adversely affect an easement, trail or adjacent ZC NO. 699 MOD. 2 • properties. If an above ground swale and / or dissipater are required, the above ground swale and/or dissipater shall be stained in an earth tone color, and shall be screened from any trail, road and neighbors' view to the maximum extent practicable, without impairing the function of the drainage system. C. All other findings and conditions of approval in Zoning Case No. 699 adopted on June 14, 2005 shall be in full force and effect. PASSED, APPROVED AND ADOPTED THIS 19th DAY OF MARCH, 2008. RICHARD HE KE, VICE- CHAIRMAN ATTEST: OOP MARILYN KERN, DEPUTY CITY CLERK ZC NO. 699 MOD. 3 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 2008-03 entitled: A MODIFICATION TO A PREVIOUSLY APPROVED PROJECT TO REDUCE THE GRADE OF THE APPROVED SLOPES IN THE FRONT OF THE PROPERTY AND TO MODIFY THE DISTURBED NET LOT AREA OF THE LOT. THE ORIGINAL APPROVAL CONSISTED OF SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE WITH BASEMENT AND A STABLE IN ZONING CASE NO. 699, AT 40 PORTUGUESE BEND ROAD, (LOT 119-RH), (SU). was approved and adopted at a continued meeting of the Planning Commission on March 19, 2008 by the following roll call vote: AYES: Commissioner DeRoy, Witte and Vice Chairman Henke. NOES: None. ABSENT: None. ABSTAIN: Commissioner Smith and Chairman Sommer. and in compliance with the laws of California was posted at Administrative Offices. \ DEPUTY CITY CLERK ZC NO. 699 MOD. 4 RECORDING REQUEST BY •NHEN RECORDED MAIL TO NAME C N co c= 1:2-0 LC- 10 C-1 1-4 Li— 5 MAILING 2 r0P-To C- L c-.No ADRESS CITY,STATE ZIP CODE 0 27 41- 14 t 5 Ga. ITTLE(S) 4 FFID4i/ii- r- P7A 06 0868627 SPACE ABOVEITIIS LINE RESERVED FOR RECORDER'S USE • • 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 OF ACCEPTANCE FORM STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) ZONING CASE NO. 699 SITE PLAN REVIEW VARIANCE CONDITIONAL USE PERMIT LOT LINE ADJUSTMENT XX (We) the undersigned state: I am (We are) the owner(s) of the real property described as follows: 40 PORTUGUESE BEND ROAD, ROLLING HILLS, (LOT 119-RH) CA 90274 This property is the subject of the above numbered case and conditions of approval I am (We are) aware of, and accept, all the stated conditions in said ZONING CASE NO. 699 SITE PLAN REVIEW VARIANCE CONDITIONAL USE PERMIT LOT LINE ADJUSTMENT (We) certify (or declare) under the penalty of perjury that the foregoing is e and co -ct. Signature �nr�S7,/>,, / S� Signat Name typed or gri tede �D Address �JLutw c-)t.(,l c. F City/State Signatures must be acknowledged by a notary public. State of California ) County of Los Angeles ) XX CzA Name typed or printed Address City/State 06 0868627 T Recorder's Use Only Kt() S !.� Sri ii tl.Es1 IZo . oZ On 4- / - 0 /,-, before meDo v& t-4 5 i (4 1-1 A i I C= _ /J O 7-/1 R ;-1 P(J (3 t--t C. personally appeared A l; a5 i t r3 C. x E C Z-\ Qi /.) A 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 per o_(. acted, gxe2u2d,,thliutrimot DOUGLAS K. MCHATfIE Commission # 1550273 Wit by hand and official seal. Notary Public - California ; Los Angeles County ( My Comm. Expires Feb25, 2009r i Signature of Notary SEE• EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF • 06 0868627 MINUTE ORDER 2005-01 Exhibit "A" FINDINGS THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application was duly filed by Mr. and Mrs. Austin Su with respect to real property located at 40 Portuguese Bend Road (Lot 119-RH), Rolling Hills, CA requesting a Site Plan Review to permit grading and construction of a new 9,490 square foot single family residence, 1,776 square foot garage, 1,160 square foot swimming pool and pool equipment, 2,402 square feet of covered porches and 1,016 square feet of attached trellises, 6,640 square foot basement, service yard and a 575 square foot stable. The existing residence, pool and stable will be demolished. Section 2. The Planning Commission conducted duly noticed public hearings to consider the application on December 21, 2004, January 18, 2005, February 15, 2005, April 19, 2005, May 17, 2005 and at field trip visits on January 18, 2005, February 15, 2005 and May 17, 2005. During the proceedings the applicants revised their proposal several times to alleviate concerns from the residents and Planning Commissioners concerning the size of the development, grading quantities required to develop the lot and the visibility of the proposed project from Portuguese Bend Road and Georgeff Road. The applicants were notified of the public hearings in writing by first class mail. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the Planning Commission having reviewed, analyzed and_studied _said._proposal. The applicants and --their representatives were in attendance at the hearings. Section 3. The Planning Commission at their May 17, 2005 Commission meeting by 2-1 vote directed staff to prepare a minute order approving the request for a Site Plan Review in Zoning Case No. 699. Section 4. Three Commissioners participated in deliberation of this case. Chairman Sommer abstained from deliberation due to proximity of his property to subject project. Commissioner DeRoy voted against the project. The Assistant City Attorney ruled that a Resolution could not be prepared because there were not 3 affirmative votes, however a minute order was an acceptable mechanism to approve the project based upon the majority of Commissioners participating in this case expressing support for this project. Section 5. The Planning Commission finds that the project qualifies as a Class 3 Exemption (The State of CA Guidelines, Section 15303) and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 6. Section 17.46.030 requires a development plan to be submitted for site plan review and approval before any grading requiring a grading permit or any building or structure may be constructed or any expansion, addition, alteration or repair to existing buildings may be made which involve changes to grading or an increase to the size of the building or • 06 0$68627 structure by at least 1,000 square feet and has the effect of increasing the size of the building by more than twenty-five percent (25%) in any thirty-six (36) month period. With respect to the Site Plan Review application requesting construction of the new house and stable, the Planning Commission makes the following findings of fact: A. The proposed development is compatible with the General Plan, the Zoning Ordinance and surrounding uses because the proposed structure complies with the General Plan requirement of low profile, low -density residential development with sufficient open space between surrounding structures. The project conforms to Zoning Code setback and lot coverage requirements. The net lot area of the lot is 185,208 square feet, (4.25 acres). Portuguese Bend Road divides the property. Approximately 0.58 acres of the lot is located on the western side of the road. The structural coverage is proposed to be 16,515 square feet of structures, which constitutes 8.9% of the net lot, which is within the maximum 20% structural lot coverage requirement. A 6,640 square foot basement is proposed for this development The total lot coverage including all structures, paved areas and driveway is proposed to be 34,850 square feet, which constitutes 18.8% of the net lot which is within the 35% maximum overall net lot coverage requirement. The project is proposed to be screened from Portuguese Bend Road and Georgeff Road so as to reduce the visual impact but not block the development. The project complies with all other requirements of the Zoning Ordinance. B. The development plan substantially preserves the natural and undeveloped_ state __of._the_lot-by--minimizing-building-coverage-because the new structure will not cause the lot to look overdeveloped. Significant portions of the lot will be left undeveloped so as to maintain open space on the property. The nature, condition, and development of adjacent uses, buildings, and structures and the topography of the lot have been considered, and the construction of the new house will not adversely affect or be materially detrimental to the adjacent uses, buildings, or structures because the proposed structure will be constructed on a portion of the lot which is the least intrusive to surrounding properties, will be screened and landscaped with trees and shrubs, is a sufficient distance from nearby residences so that the proposed structure will not impact the view or privacy of surrounding neighbors. C. The proposed development, as conditioned, is harmonious in scale and mass with the site, and will to the maximum extent feasible follow th.e natural terrain. As indicated in Paragraph A, the lot coverage maximum set forth in the Zoning Code will not be exceeded. D. The development plan incorporates existing trees and native vegetation to the maximum extent, feasible. Specifically, the development plan preserves dense brush and shrubs and supplements it with landscaping that is compatible with and enhances the rural character of the community. E. The development plan follows natural contours of the site to minimize grading and retain the natural drainage courses. Grading for this • project will involve 3,404 cubic yards of cut and 3,404 cubic yards of fill, which • • 06 0868627 includes the excavation for the swimming pool and basement and will be balanced on site. The applicants revised their proposed plan several times to minimize grading. In order to minimize the fill on the northern portion of the lot the applicants lowered the development and the floor plan of the house is designed to step down with the terrain. F. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles because access will remain from Portuguese Bend Road. G. The project conforms to the requirements of the California Environmental Quality Act and is exempt. CONDITIONS, Section 7. Based upon the foregoing findings, the Planning Commission hereby approves the Site Plan Review application for Zoning Case No. 699 for grading and for construction of a new residence and stable, as shown on the Development Plan dated May 18, 2005, and marked Exhibit A, subject to the following conditions: A. The Site Plan review approval shall expire within two years from the effective date of approval if construction pursuant to these approvals has not commenced within that time period, as required by Sections 17.46.080(A) of the Rolling Hills Municipal Code, or the approval granted are otherwise extended pursuant to the requirements of these sections. B. It is declared and made a condition of the Site Plan Review approval, that if any conditions thereof are violated, this approval shall be suspended and the privileges granted hereunder shall lapse; provided that the applicants have been given written notice to cease such violation, the opportunity for a hearing has been provided, and if requested, has been held, and thereafter the applicant fails to correct the violation within a period of thirty (30) days from the date of the City's determination. C. All requirements of the Building Code, 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 lot shall be developed and maintained in substantial conformance with the site plan on file marked Exhibit A and dated 1\4a , 05, p vo( except as otherwise provided in these conditions. SwIn 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. 06 0868627 G. The basement shall not exceed 6,640 square feet and all requirements for the basements shall be met subject to Section 17.20.020 of the City of Rolling Hills Zoning Code and the Los Angeles County Building Code. H. The stable shall conform to all of the requirements of Sections 1.7.16.170 and 17.16.200 of the Zoning Code. I. Grading shall not exceed 3,404 cubic yards of cut and 3,404 cubic yards of fill and shall be balanced on site. j. Structural lot coverage shall not exceed 16,515 square feet or 8.9% of the net lot area of the lot, which includes all covered porches and trellises. K. Total lot coverage of structures and paved areas shall not exceed 34,850 square feet or 18.8% in conformance with lot coverage limitations. L. The disturbed area of the lot shall not exceed 66,080 square feet or 35.7% of the net lot area. M. Residential building pad coverage on the 52,080 square foot residential building pad includes the stable and shall not exceed 15,499 square feet or 29.8%, which includes the covered porches but excludes the trellises. Without the covered porches the residential building pad coverage is proposed to be 13,097 square feet or.25.1% N. The ridge height of the residence shall not exceed 17 feet in the front -and-11 feet in the rear from -the finished. floor: O. Georgeff Trail, which passes through the rear of the property, shall remain open and rideable at all times. P. The disturbed and graded areas shall be landscaped. Landscaping shall include water efficient irrigation that incorporates low gallonage irrigation system, utilizes automatic controllers, incorporates an irrigation design using "hydrozones," considers slope factors and climate conditions in design, and utilizes means to reduce water waste resulting from runoff and overspray in accordance with Section 17.27.020 (Water Efficient Landscaping Requirements) of the Rolling Hills Municipal Code. Q. Native trees and other native plants shall be utilized. If trees are to be used in the landscaping scheme for this project, they shall be mature when planted and which at full maturity shall not exceed the ridge height of the structures; shrubs and trees shall be planted so as not to obstruct views of neighboring properties but, to screen the stable and residential structure on site. The project shall be screened from .Portuguese Bend Road and from the properties on Georgeff Road. R. Prior to the issuance of any building or grading permit two copies of a preliminary landscape plan shall be submitted for review by the Landscaping Committee. The landscaping plan submitted must comply with the purpose and intent of the Site Plan Review Ordinance, shall incorporate existing • • 06 086862'7 mature trees and native vegetation, .and shall utilize to the maximum extent feasible, plants that are native to the area and/or consistent with the rural character of the community. A security in the amount of the cost estimate of the implementation of the landscaping plan, (labor, material and irrigation system) plus 15% shall be required to be posted prior to issuance of a drainage, grading and building permits and shall be retained with the City for not less than two years after landscape installation. The retained security will be released by the City Manager after the City Manager determines that the landscaping was installed pursuant to the landscaping plan as approved, and that such landscaping is properly established and in good condition. S. Any walls proposed for this development shall not be located in the setbacks and shall not exceed three -feet in height. T. During construction, any soil disturbance shall preserve the existing topography, flora, and natural features to the greatest extent possible. U. 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. V�- --- -During -construction,- the -Erosion-Control Plan containing the elements set forth in Section 7010 of the 1998 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. W. 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. X. During construction, the property owners shall be required to schedule and regulate construction and related traffic noise throughout the day between the hours of 7 AML and 6 PM, Monday through Saturday only, when construction and mechanical equipment noise is permitted, so as not to interfere with the quiet residential environment of the City of Rolling Hills. Y. 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. Z. The property owners shall be required to conform to the Regional Water Quality Control Board and County Health Department requirements for the installation and maintenance of stormwater drainage and run-off facilities. • • 06 0868627 AA. 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. AB. The Planning Department and County District Engineer shall approve a drainage plan. All water from any site irrigation systems and all drainage from the site shall be conveyed in an approved manner and shall drain towards Portuguese Bend Road. The water shall not sheet over onto the neighboring properties. AC. If an above ground drainage system is utilized, including the energy dissipater, it shall be designed in such a manner as to not cross over any equestrian trails. The drainage system(s) shall not discharge water onto a trail, shall incorporate earth tone colors, including in the design of the dissipater and shall be screened from any trail and neighbors views to the maximum extent practicable, without impairing the function of the drainage system. AD. If a construction fence is planned to be erected during construction of this project, it shall not block the trail or any easements. AE. All utility lines shall be placed underground. The roof material for the new residence and stable shall comply with the City of Rolling Hills Building Code requirements. The development shall comply with the City of Rolling Hills Outdoor Lighting requirements. AF.. - The applicants shall -pay -all of -the applicable School District fees, Los Angeles County Building and Safety and Public Works Department fees, including Parks and Recreation Fees for new residence. AG. The working drawings submitted to the County Department of Building and Safety for plan check review shall conform to the development plan described in Condition "E". AH. The project must be reviewed and approved by the Rolling Hills Community Association Architectural Review Committee prior to the issuance of any grading or building permit. AI. Until the applicant executes an Affidavit of Acceptance of all conditions of the Site Plan Review approval, as required by Section 17.46.065 of the Municipal Code, the approvals shall not be effective. AI.(a) Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills Municipal Code, any modifications to the property, which would constitute additional structural development or grading, shall require the filing of a new application for approval by the Planning Commission. • • 06 0868627 AJ. All conditions of the Site Plan approval that apply, shall be complied with prior to the issuance of a grading or building permit by the County of Los Angeles. Based on the findings set forth above, the Commission approved Zoning Case No. 699, subject to the above conditions, this 14`h day of June 2005. • %' �� VICE -CHAIRPERSON DEROY ATTEST: MARILYN KMN, DEPUTY CITY CLERK • • 06 0868627 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Minute Order: A MINUTE ORDER OF THE 'PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING CONDITIONAL APPROVAL OF A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE AND A STABLE IN ZONING CASE NO. 699 AT 40 PORTUGUESE BEND ROAD, (LOT 119-RH) (SU). was approved andadopted at an adjourned regular meeting of the Planning Commission on June 14, 2005, by the following roll call vote: AYES: Commissioners Hankins and Witte. NOES: Commissioner DeRoy. ABSENT: None. ABSTAIN: Chairman Sommer. and in compliance with the laws of California was posted at the following: Administrative Offices. MARILYN KERN, DEPUTY CITY CLERK • This is o true and certified copy of the record if it bears the seal, imprinted in purple ink, of the Registrar-Recorder/County Clerk APR 20 200G a d981 Q. REGISTRAR-RECORDENCOUN1YCLERI( LOS ANGELES COUNTY, CALIFORNIA