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703, Convert existing stable into a, Resolutions & Approval ConditionsThis page is part of your document - DO NOT DISCARD p3CORIW16 JUL 1 2 2006 CITY OF ROLLING HILLS TITLE(S) : By FEE „ 1FEE $L---) 0 DA F $ C-20 CODE 20 CODE 19 ' CODE , 9 06 1316073 RECORDED/FILED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNTY CALIFORNIA 06/15/06 AT 08:00am LEAD 6HEET D.T.T. Assessor's Identification Number (AIN) To be completed by Examiner OR Title Company in black ink. Number of AIN's Shown r THIS FORM IS NOT TO BE DUPLICATED • • RECORDING REQUESTED BY: WHEN RECORDED MAIL TO Rotn3H11s a Por-(oLuese � ena Roac\ (dill n3 f1,- ns/ cI- q 0,27V TITLE A-4t A rev 06 : 1316073 c n c2 CHICAGO TITLE COMAY Crt 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. 703 06 131.60)73 SITE PLAN REVIEW X X VARIANCE X X CONDITIONAL USE PERMIT X X LOT LINE ADJUSTMENT I (We) the undersigned state: I am (We are) the owner(s) of the real property described as follows: 18 EASTFIELD DRIVE, ROLLING HILLS, (LOT 69-A-EF) 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. 703 I (We) certify (or declare) and igna .JaScyr,L Name typed or printed. Addreps City/State Signatures must be acknowledged by a notary public, SITE PLAN REVIEW X X VARIANCE C_X CONDITIONAL USE PERMIT X X LOT LINE ADJUSTMENT nalty of perjury that the foregoing is true and correct. LA, . 2, �. Dr L'v[ Signature Name typed or printed Address City/State State of California County of Los Angeles ) On J Lt.,Ltia• 1> 2voC before me, ����-` / r-cr. J 0Std L- L O • lz,a personally appeared 4Dq 01V SEE EXHIBIT A personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s). subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hi capacity(ios) and that by his/lief/their signatures on the instrument the person(s), or the entity upc person(.$)-acted, executed the instrument. c r * NANCY R. VENTURA w Witness by hand and official seal. Commission # 1641135 r / Notary Public - California t • Los Angeles County Signature of Notary My Comm, Expires Feb 4, 2010 'SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF RESOLUTION NO. 2005-18 )-( A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A STABLE AND CORRAL; GRANTING A CONDITIONAL USE PERMIT TO CONVERT AN EXISTING STABLE INTO A RECREATION ROOM; GRANTING A VARIANCE TO EXCEED THE MAXIMUM PERMITTED DISTURBED AREA OF THE LOT AND A SITE PLAN REVIEW FOR DEVELOPMENT ON A PROPERTY THAT REQUIRES PLANNING COMMISSION REVIEW DUE TO EXISTING STRUCTURAL DEVELOPMENT RESTRICTION AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 703, AT 18 EASTFIELD DRIVE, (LOT 69- A-EF), (RICH). THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application has been filed by Mr. and Mrs. Joseph Rich, with respect to real property located at 18 Eastfield Drive, (Lot 69-A-EF), Rolling Hills, requesting a Site Plan Review for grading and construction of a 450 square foot stable with 360 square foot covered porch and a corral, Conditional Use Permit to convert an existing 320 square foot stable into a recreation room, a Variance to exceed the maximum permitted disturbed area of the lot and a Site Plan Review for the proposed development on a property that requires Planning Commission review, due to existing structural development restriction approved in 1996 and in 1998. An addition of 446 square feet to the existing basement and modification to the entryway are also proposed. Section 2. In 1996, the Planning Commission approved a Site Plan Review request for a new single family residence and other improvements to replace an existing residence on subject property. On July 21, 1998, the Planning Commission approved a Conditional Use Permit to construct a cabana and modification to the 1996 Site Plan Review approval for additional grading. Both, the 1996 and 1998 Resolutions of Approval contain a condition that any further development on the property is subject to Planning Commission review and approval. Section 3 The Planning Commission conducted duly noticed public hearings to consider the request in Zoning Case No. 703 on April 19, 2005, May 17, 2005 and at a field trip on May 17, 2005. The applicants were notified of the hearings in writing by first class mail. Evidence was heard and presented from all persons interested in said proposal. The Planning Commission heard a report from the City staff and reviewed, analyzed and studied the proposal. The applicants and the applicants' representative were in attendance at the hearings. 06 1316073 • • Section 4. The City staff received a letter from a neighbor objecting to the proposed location of the stable. The Planning Commission reviewed and analyzed the letter and scheduled a visit to view the proposed project from the objecting neighbor's property. Prior to the field trip, the neighbor submitted a letter recanting her objection and requesting that the field trip to view the project from her property be cancelled. 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 b Section 17.46.030 requires a development plan to be submitted for site plan review and approval before any development 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 for grading for the stable and corral and the restriction placed in 1996 and 1998 on any future development on subject property the Planning Commission makes the following findings of fact: A. The proposed development is compatible with the General Plan, and surrounding uses because the proposed stable complies with the General Plan requirement of low profile, low -density residential development with sufficient open space between surrounding structures, and equestrian uses. The project conforms to Zoning Code setbacks and the grading will be minimal. B. The project substantially preserves the natural and undeveloped state of the lot. The proposed stable will be constructed on an existing building pad and minimal grading is required. The project is of sufficient distance from nearby residences so that the stable will not impact the view or privacy of surrounding neighbors, and will permit the owners to enjoy their property without deleterious infringement on the rights of surrounding property owners. C. The proposed development, as conditioned, is harmonious in scale and mass with the site. Although the disturbed net lot area exceeds the maximum permitted, the proposed project is consistent with the scale of the neighborhood when compared to properties in the vicinity. The grading for the stable and corral will increase the disturbed lot area by 8.5%, which is minimal. D. The development plan incorporates existing vegetation to the maximum extent feasible. The development plan substantially preserves the natural and undeveloped state of the lot and the stable will not cause the lot to look overdeveloped. Significant portions of the lot will be left undeveloped so as to maintain open space. 06 1316073 E. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles because the proposed project will not change the existing circulation pattern and will utilize an existing driveway. No new stable access from Outrider Road or Eastifeld Drive is proposed. F. The proposed project is to construct a stable and corral area of sufficient size that meets all standards for vehicular access thereto in conformance with site plan review requirements. G. The project is exempt from the requirements of the California Environmental Quality Act. Section 7. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code permit approval of a Variance from the standards and requirements of the Zoning Ordinance when exceptional or extraordinary circumstances applicable to the property and not applicable to other similar properties in the same zone prevent the owner from making use of a parcel of property to the same extent enjoyed by similar properties in the same vicinity. A Variance to Section 17.16.070 (B) is required because it states that the lot disturbance shall be limited to 40% of the net lot area. With respect to this request for a Variance for lot disturbance of 48.4%, the Planning Commission finds as follows: A. There are exceptional and extraordinary circumstances and conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same zone. The Variance for the total disturbance is necessary because the configuration, and topography of the lot create a difficulty in meeting this Code requirement. 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 of the existing conditions of the lot. The existing 320 square foot stable is located in proximity to the cabana and swimming pool and is not utilized for a stable. The proposed stable will be located away from the "living area" of the lot and will retain an equestrian flavor. The stable will only minimally affect the disturbance of the lot. 328 cubic yards of grading is required for this construction, which includes excavation for a basement. One of the goals of the General Plan is to encourage construction of equestrian uses, which this Variance would accommodate. 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. All development will occur within required setbacks, and will be adequately screened to prevent adverse visual impact to surrounding properties. 16 1316073 Section 8. Section 17.16.210(A)(2) of the Rolling Hills Municipal Code permits approval of a recreation room under certain conditions, provided the Planning Commission approves a Conditional Use Permit. The applicant is requesting to convert the existing 320 square foot stable into a recreation room. With respect to this request for a Conditional Use Permit, the Planning Commission finds as follows: A. The granting of a Conditional Use Permit for the recreation room would be consistent with the purposes and objectives of the Zoning Ordinance and General Plan and will be desirable for the public convenience and welfare because the use is consistent with similar uses in the community, and the area proposed for the recreation room would be located in an area on the property where such use will not change the existing configuration of structures on the lot. B. The nature, condition, and development of adjacent uses, buildings, and structures have been considered, and the conversion will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures because the proposed recreation room will be located in a cluster with other structures and will promote pad integration. The proposed recreation room is of sufficient distance from nearby residences so that it will not impact the view or privacy of surrounding neighbors. C. The project is harmonious in scale and mass with the site, the natural terrain, and surrounding residences because the recreation room will comply with the low profile residential development pattern of the community. D. The proposed conditional use complies with all applicable development standards of the zone district because the 320 square foot size of the recreation room is less than the maximum permitted under the Municipal Code. E. The proposed conditional use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities because the project site is not listed on the current State of California Hazardous Waste and Substances Sites List. 1 F. The proposed conditional use observes the spirit and intent of Title 17 of the Zoning Code because an adequate area is set -aside for the construction of a stable structure, adjacent corral and access. Section 9. Based upon the foregoing findings and the evidence in the record, the Planning Commission hereby approves a Site Plan Review for grading and construction of a 450 square foot stable, a Variance request to exceed the maximum permitted disturbance of the lot and a Conditional Use Permit to convert an existing 320 square foot stable into a recreation room, and a Site Plan Review for the total proposed development due to the restriction placed on the previously approved applications for subject property, in accordance with the Q73 6 1316 • • development plan dated March 28, 2005 and marked Exhibit A in Zoning Case No. 703 subject to the following conditions: A. The Site Plan, Variance and Conditional Use Permit approvals shall expire within two years from the effective date of approval if work has not commenced as defined in Sections 17.38.070, 17.42.070 and 17.46.080 of the Zoning Ordinance, unless otherwise extended pursuant to the requirements of these sections. B. It is declared and made a condition of the approval, that if any conditions thereof are violated, this approval shall be suspended and the privileges granted thereunder shall lapse; provided that the City has given the applicants written notice to cease such violation, the opportunity for a hearing has been provided, and if requested, has been held, and thereafter the applicant fails to correct the violation within a period of thirty (30) days from the date of the City's determination. C. All requirements of the Building and Construction Ordinance, the Zoning Ordinance, and of the zone in which the subject property is located must be complied with unless otherwise set forth in the permit, or shown otherwise on an approved plan. This shall include, but not be limited to, the requirements of the Outdoor Lighting Ordinance, Undergrounding of Utilities Ordinance, Roof Covering Ordinance and others. D. The lot shall be developed and maintained in substantial conformance with the site plan on file marked Exhibit A and dated March 28, 2005, except as otherwise provided in these conditions. E. Structural lot coverage shall not exceed 9,254 square feet or 14.8% in conformance with lot coverage limitations. F. Total lot coverage of structures and paved areas shall not exceed 20,352 square feet or 32.6% in conformance with lot coverage limitations. G. The disturbed area of the lot shall not exceed 30,236 square feet or 48.4% in conformance with the Variance approval. H. Building pad coverage on the stable pad shall not exceed 25.6%; including the covered patio. Building pad coverage on the residential building pad shall not exceed 31.5% including covered porches and 28.8% not including covered porches. I. Grading for the stable and excavation for the basement shall not exceed 328 cubic yards of cut and 328 cubic yards of fill and shall be balanced on site. J. The stable and recreation room shall be screened from adjacent properties. Landscaping shall be designed using mature trees and shrubs so as not to obstruct views from neighboring properties, but to screen these structures 06 1316073 • • on the lot. If trees are to be incorporated into the landscaping scheme, at maturity they shall be no higher than the ridge height of the stable and the recreation room on the lot. K. The stable and corral shall be located a minimum of twenty-five feet from the rear property line and twenty feet from the side property line. L. 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. M. No kitchen or other cooking facilities shall be permitted in the recreation room. No sleeping quarters shall be permitted in the recreation room. N. The stable shall be used exclusively for keeping permitted domestic animals. Commercial uses are not permitted. O. During construction, dust control measures shall be used to stabilize the soil from wind erosion and reduce dust and objectionable odors generated by construction activities in accordance with South Coast Air Quality Management District, Los Angeles County and local ordinances and engineering practices. P. During construction, conformance with the Air Quality Management District requirements, stormwater pollution prevention practices, county and local ordinances and engineering practices shall be required so that people or property are not exposed to undue vehicle trips, noise, dust, objectionable odors, landslides, mudflows, erosion, or land subsidence. Q. During and after construction, all soil preparation, drainage, and landscape sprinklers shall protect the building pad from erosion and direct surface water in an approved manner. R. 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. S. 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. T. If any walls are to be incorporated into the design of this project, they shall not be located in any setback nor shall they exceed 3-feet in height. 06 1316073 U. The drainage plan system shall be approved by the Planning Department and the County Drainage Engineer and shall assure that any water from any site irrigation systems and all drainage from the site shall be conveyed in an approved manner and shall remain on the property and not cross over any easements. V. The property owners shall be required to conform to the Regional Water Quality Control Board and County Health Department requirements for the installation and maintenance of stormwater drainage facilities. W. The property owners shall be required to conform to the Regional Water Quality Control Board and County Public Works Department Best Management Practices (BMP's) related to solid waste. X. The project shall be reviewed and approved by the Rolling Hills Community Association Architectural Review Committee prior to the issuance of any permits. Y. 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 D. Z. 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. AA. The applicants shall execute an Affidavit of Acceptance of all conditions of this Site Plan, Conditional Use Permit and Variance approvals, pursuant to Sections 17.38.060, 17.42.060 and 17.46.065 of the Zoning Ordinance, or the approval shall not be effective. AB. All conditions of this Site Plan Review, Conditional Use Permit and Variance approval, which apply, must be complied with prior to .the issuance of a building permit from the County of Los Angeles. PASSED, APPROVED AND ADOPTED THIS 14th DAY OF JUNE 2005. ROG R SbMMER, CHAIRMAN ATTEST: T. MARILYN L. KERN, DEPUTY CITY CLERK 06 1316073 t STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS) I certify that the foregoing Resolution No. 2005-18 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A STABLE AND CORRAL; GRANTING A CONDITIONAL USE PERMIT TO CONVERT AN EXISTING STABLE INTO A RECREATION ROOM; GRANTING A VARIANCE TO EXCEED THE MAXIMUM PERMITTED DISTURBED AREA OF THE LOT AND A SITE PLAN REVIEW FOR DEVELOPMENT ON A PROPERTY THAT REQUIRES PLANNING COMMISSION REVIEW DUE TO EXISTING STRUCTURAL DEVELOPMENT RESTRICTION AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 703, AT 18 EASTFIELD DRIVE, (LOT 69- A-EF), (RICH). was approved and adopted at an adjourned regular meeting of the Planning Commission on June 14, 2005 by the following roll call vote: AYES: Commissioner DeRoy, Hankins, Witte and Chairman Sommer. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. DEPUTY CITY CLERK 06 1316073 RESOLUTION NO. 98-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A CONDITIONAL USE PERMIT FOR A CABANA AND APPROVING A REQUEST FOR MODIFICATIONS TO AN APPROVED SITE PLAN REVIEW APPLICATION TO PERMIT THE CONSTRUCTION OF A CABANA THAT REQUIRES INCREASED GRADING AT A SINGLE FAMILY RESIDENTIAL DEVELOPMENT IN ZONING CASE NO. 579. THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. Applications were duly filed by Mr. and Mrs. Russell Cole Shoemaker with respect to real property located at 18 Eastfield Drive (Lot 69-A-EF), Rolling Hills requesting a Conditional Use Permit to permit the construction of a cabana and request for Site Plan Review modification to permit the construction of a cabana that requires increased grading at a single family residential development. Section 2. On December 17, 1996, the Planning Commission approved a request for Site Plan Review application by Resolution No. 96-21 in Zoning Case No. 546 for the construction of a new single family residence, and other improvements to replace an existing single family residence. Section 3. The Planning Commission conducted a duly noticed public hearing to consider the applications on May 19, 1998 and June 16, 1998, and at a field trip visit on June 9, 1998. Section 4. The Planning Commission finds that the project qualifies as a Class 3 Exemption (State CEQA Guidelines, Section 15303(e) . and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 5. Section 17.16.210(A)(2) of the Rolling Hills Municipal Code permits approval of a Cabana or detached recreation room with a Conditional Use Permit under certain conditions. The applicant is requesting to construct a 220 square foot cabana. With respect to this request for a Conditional Use Permit, the Planning Commission finds as follows: A. The granting of a Conditional Use Permit for the cabana would be consistent with the purposes and objectives of the Zoning Ordinance and General Plan and will be desirable for the public convenience and welfare because the use is consistent with similar uses in the community, and the area proposed ,for the cabana would be located in an area on the property where such use will not change the existing configuration of structures on the lot. RESOLUTION NO. 98-14 PAGE 1 98 1701309 &f b;:tA- B. The nature, condition, and development of adjacent uses, buildings, and structures have been considered, and the construction of cabana will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures because the proposed cabana structure will be 90 feet from the residential structure and is a sufficient distance from nearby residences so that the cabana will not impact the view or privacy of surrounding neighbors. C. The project is harmonious in scale and mass with the site, the natural terrain, and surrounding residences because the cabana will comply with the low profile residential development pattern of the community and is located on a 1.74 acre parcel of property that is adequate in size, shape and topography to accommodate such use. D. The proposed conditional use complies with all applicable development standards of the zone district because the 220 square foot size of the cabana is less than the 800 square foot maximum permitted for similar accessory buildings and the cabana does not encroach into any setback areas. E. The proposed conditional use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting criteria for hazardous waste facilities because the project site is not listed on the current State of California Hazardous Waste and Substances Sites List. F. The proposed conditional use observes the spirit and intent of Title 17 of the Zoning Code because the cabana will be adjacent to the pool. Section 6. Based upon the foregoing findings, the Planning Commission hereby approves a Conditional Use Permit for the construction of a cabana in accordance with the Development Plan attached hereto in Zoning Case No. 579 subject to the conditions contained in Section 9. Section 7. Section 17.46.010 of the Rolling Hills Municipal Code requires a development plan to be submitted for site plan review and approval before 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 or structure by more than twenty-five percent (25%) in any thirty-six month period. In addition, a condition of Resolution No. 96-21 required that any modifications to the project which would constitute additional structural development requires the filing of a new application for Site Plan Review approval by the Planning Commission. The applicant is requesting to modify the approved Site Plan by constructing a cabana that requires increased grading. The applicant's latest proposal submitted on April 6, 1998, includes additional grading of 85 cubic yards of cut soil and 85 cubic yards of fill soil for a total of 565 cubic yards of cut soil and 565 cubic yards of fill soil. With respect to this request, the Planning Commission makes the following findings of fact: RESOLUTION NO. 98-14 PAGE 2 98 1701309 • A. The development is compatible with the General Plan, the Zoning Ordinance and surrounding uses because the proposed grading together with the other improvements on the property complies with the General Plan requirement of low profile, low density residential development with sufficient open space between surrounding structures. The project as modified conforms to Zoning Code setback and lot coverage requirements. The lot has* a net square foot area of 62,471 square feet. The residence (5,079 sq.ft.), attached garage (1,192 sq.ft.), swimming pool (624 sq. ft.), existing stable (320 sq.ft.), service yard (96 sq.ft.); and cabana (220 sq.ft.) will have 7,531 square feet which constitutes 12.1% of the lot which is within the maximum 20% structural lot coverage requirement. The total lot coverage including paved areas and driveway will be 18,571 square feet which equals 29.7% of the lot, which is within the 35% maximum overall lot coverage requirement. The proposed project is on a relatively large lot with the proposed structures located away from the road so as to reduce the visual impact of the development and is similar and compatible with several neighboring developments. The building pad is 26,786 square feet and structural coverage on the building pad is 28.1%. B. The proposed development preserves, and integrates into the site design, to the maximum extent feasible, existing natural topographic features of the lot including surrounding native vegetation, mature trees, drainage courses, and land forms (such as hillsides and knolls) because a minimum amount of grading is proposed and will only be done to provide approved drainage that will flow away from the proposed residence and existing neighboring residences. C. The development plan follows natural contours of the site to minimize grading and the natural drainage courses will continue to the canyons at the east side (rear) of this lot. D. The development plan incorporates existing large trees and native vegetation to the maximum extent feasible. Specifically, the development plan preserves several mature trees and shrubs. E. 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 structural and total lot._coverage to be exceeded. The residential and total lot coverage will not exceed the Planning Commission's established guideline. Further, the proposed project is designed to minimize grading. Significant portions of the lot will be left undeveloped so as to maintain scenic vistas across the northerly portions of the property. F. 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 will not be exceeded and the proposed project is consistent with the scale of the neighborhood when compared to this RESOLUTION NO. 98-14 PAGE 3 98 1701309 irregular -shaped lot. Grading shall be permitted only to restore the natural slope of the property. G. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles because the proposed project will utilize the same driveway to Eastfield Drive for access. H. The project conforms with the requirements of the California Environmental Quality Act and is categorically exempt from environmental review. Section 8. Based upon the foregoing findings, the Planning Commission hereby approves a modification to an approved Site Plan Review application to allow the proposed increased grading on the site for a cabana. The modifications are shown on the Development Plan and marked Exhibit A in Zoning Case No. 579. These approved modifications are subject to the conditions contained in Section 9 of this Resolution. Section 9. The Conditional Use Permit for a cabana approved in Section 6 and the modification to permit the increased grading for the cabana from the amount previously approved in the Site Plan Review application, that is approved in Section 8, as indicated on the Development Plan attached hereto and incorporated herein as Exhibit A in Zoning Case No. 579, are subject, to the following list of conditions. These conditions include applicable conditions of approval previously imposed on the Site Plan Review application by Resolution No. 96-21 on December 17, 1996. To the extent these conditions duplicate prior conditions imposed on this project, the conditions set forth herein shall be considered as continuations of those prior requirements: A. The Conditional Use Permit and Site Plan Review approvals shall expire within one year from the effective date of approval as defined in Sections 17.42.070(A) and 17.46.080(A). B. It is declared and made a condition of the Conditional Use Permit and Site Plan Review approvals, that if any conditions thereof are violated, these approvals shall be suspended and the privileges granted thereunder _shall lapse;. provided that the applicant has been given written notice to cease such violation and has failed to do so for a period of thirty (30) days. 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. RESOLUTION NO. 98-14 PAGE4 98 1701309 • • D. The lot shall be developed and maintained in substantial conformance with the site plan on file marked, Exhibit A, except as otherwise provided in these conditions. E. The cabana shall not exceed 220 square feet. F. No sleeping quarters or kitchen or other cooking facilities shall be provided within the cabana or detached recreation room. G. No vehicular access or paved parking area shall be developed within 50 feet of the cabana. H. The basement door of the residence shall be solid (without windows) and shall be subject to City staff approval. I. Renting of the cabana is prohibited. J. Any retaining walls incorporated into the project shall not exceed 5 feet in height, averaging no more than 2-1/2 feet. K. Residential building pad coverage shall not exceed 28.1%. L. Maximum disturbed area shall not exceed 39.9% of the net lot area. M. Grading shall not exceed 565 cubic yards of cut soil and 565 cubic yards of fill soil. N. Landscaping shall incorporate and preserve, to the maximum extent feasible, the existing mature trees and shrubs and the natural landscape screening surrounding the proposed building pad. O. Two copies of a landscape plan must be submitted for review by the Planning Department and include native drought -resistant vegetation that will not disrupt the impact of the views of neighboring properties prior to the issuance of any building or grading permit. The landscaping plan submitted must comply with the purpose and intent of -the -Site Plan Review Ordinance, shall incorporate existing mature trees and native vegetation, and shall utilize to the maximum extent feasible, plants that are native to the area and/or consistent with the rural character of the community. A bond in the amount of the cost estimate of the implementation of the landscaping plan plus 15% shall be required to be posted prior to issuance of a grading and building permit and shall be retained with. the City for not less than two years after landscape installation. The retained bond will be released by the City Manager after the City Manager determines that the landscaping was installed RESOLUTION NO. 98-14 PAGE 5 98 1701309 pursuant to the landscaping plan as approved, and that such landscaping is properly established and in good condition. P. Prior to the submittal of an applicable final grading plan to the County of Los Angeles for plan check, a detailed grading and drainage plan with related geology, soils and hydrology reports that conform to the development plan as approved by the Planning Commission must be submitted to the Rolling Hills Planning Department staff for their review. Cut and fill slopes must conform to the City of Rolling Hills standard of 2 to 1 slope ratio. Q. The project must be reviewed and approved by the Rolling Hills Community Association Architectural Review Committee prior to the issuance of any building or grading permit. R. The applicants shall execute an Affidavit of Acceptance of all conditions of this Conditional Use Permit and Site Plan Review, pursuant to Section 17.42.060, or the approval shall not be effective. S. Notwithstanding Section 17.46.070 of the Rolling Hills Municipal Code, any modifications to the project which would constitute additional development shall require the filing of a new application for Site Plan Review approval by the Planning Commission. T. All conditions of these Conditional Use Permit and Site Plan Review approvals must be complied with prior to the issuance of a building or grading permit from the County of Los Angeles. PASSED, APPROVED AND ADOPTED ON THE 21ST D OF JU ATTEST: , DEPUTY CITY CLERK RESOLUTION NO. 98-14 PAGE 6 ALLAN ROBERTS, CHAIRMAN 98 1'701309