801, Extension to Construct tennis , Resolutions & Approval ConditionsRESOLUTION NO. 2013-05
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS GRANTING A TIME EXTENSION TO
A PREVIOSULY APPROVED PROJECT FOR SITE PLAN REVIEW,
CONDITIONAL USE PERMIT AND VARIANCES IN ZONING
CASE NO. 801, AT 16 PINE TREE LANE, (LOT 81-RH),
(BHARADIA).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES
HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was duly filed by Dr. and Mrs. Juma Bharadia
with respect to real property located at 16 Pine Tree Lane requesting two year time
extension to comply with the requirements of Resolution No. 2011-07 to commence
certain construction.
Section 2. The Commission considered this item at a meeting on March 19,
2013 at which time information was presented indicating that additional time is
needed to process and implement the project.
Section 3. Based upon information and evidence submitted, the Planning
Commission grants two year time extension and does hereby amend Paragraph A,
Section 8 of Resolution No. 2011-07, dated May 17, 2011 to read as follows:
A. The Site Plan Review, Conditional Use Permit and Variances approvals
shall expire within four years from the effective date of approval if construction
pursuant to this approval has not commenced within that time period, as
required by Sections 17.46.080(A), 17.37.070(A) and 17.42.070(A) of the Rolling
Hills Municipal Code, or the approval granted is otherwise extended pursuant
to the requirements of those sections.
Section 4. Except as herein amended, the provisions and conditions of
Resolution No. 2011-07 shall continue to be in full force and effect.
PASSED, APPROVED AND ADOPTED THIS 19th DAY 9F • • RCH 2013.
BkAD CHELF, VICE-
HEIDI LUCE
DEPUTY CITY CLERK
AIRMAN
• •
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
) §§
I certify that the foregoing Resolution No. 2013-05 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A TIME EXTENSION TO A PREVIOSULY
APPROVED PROJECT FOR SITE PLAN REVIEW, CONDITIONAL USE
PERMIT AND VARIANCES IN ZONING CASE NO. 801, AT 16 PINE TREE
LANE, (LOT 81-RH), (BHARADIA).
was approved and adopted at a regular meeting of the Planning Commission on
March 19, 2013 by the following roll call vote:
AYES: Henke, Mirsch, Smith and Vice Chairman Chelf.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices
thQw
HEIDI LUCE
DEPUTY CITY CLERK
• •
Signa ure
Name t ped or ri ted / I f6
RECORDING REQUESTED BY AND
MAIL TO:
CITY OF ROLLING HILLS
PLANNING DEPARTMENT
2 PORTUGUESE BEND RD.
ROLLING HILLS, CA 90274
(310) 377-1521
(310) 377-7288 FAX
il'41'.r11
*20110887604*
$ 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. 801
XX SITE PLAN REVIEW; XX CONDITIONAL USE PERMIT; XX VARIANCE
I (We) the undersigned state
Scc A -Rack et ( lhi - A
I am (We are) the owner(s) of the real property described as follows:
16 PINE TREE LANE, ROLLING HILLS, CA 90274 (LOT 81-1-RH)
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. 801
XX SITE PLAN REVIEW; XX CONDITIONAL USE PERMIT; XX VARIANCE
(We) c-rtify (or declare) under the penalty of perjury that the foregoing is true and correct.
psAfAzt,-.2.
Sig,ature
go -pi e.. 79-
Name typed or printed
Pr1 E.
Address Address t 6 14(LLS
ROUL-1 - 1�.�_s , 9O2 (it, qo)_:-?
City/State
City/State
ACKNOWLEDGMENT
State of California
County of LOS ANGELES
On 11 15-• II
before me, R nc rr 1-11!2 z. F-i OA-L-/, of cingy PufuG
(insert name and title of the officer)
personally appeared S r! //3 1 I hiq f H-P--P1-0//4 Pr/UI TU/} A ,
who proved to me on the basis of satisfactory evidence to be the person 4' whose name® islet
subscribed to the within instrument and acknowledged to me that he/shed executed the same in
his/her uthorized capacity es , and that by his/her signature° on the instrument the
person Q , or the entity upon behalf of which the person acted, 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 hand and official seal.
Signature
(Seal)
ANNTIONET HAZEL.-MAE DAY
Commission # 1832870
Notary Public • California
Los Angeles County
My Comm. Expires Jan 24, 2013
• � . 'W ^v w' it •v w v w• w.
• • Ci ti( b; l
RESOLUTION NO. 2011-07
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A CONDITIONAL USE PERMIT TO
CONSTRUCT A TENNIS COURT, A SITE PLAN REVIEW FOR GRADING
FOR THE TENNIS COURT AND VARIANCES TO EXCEED THE MAXIMUM
PERMITTED GRADING QUANTITIES AND THE . MAXIMUM PERMITTED
GRADED AREA FOR A TENNIS COURT AND A VARIANCE TO
ENCROACH WITH AN ADDITION TO THE RESIDENCE INTO THE SIDE
YARD SETBACK ON A PROPERTY DEVELOPED WITH A SINGLE FAMILY
RESIDENCE IN ZONING CASE NO. 801, AT 16 PINE TREE LANE (LOT 81-1-
RH), (BHARADIA). PROJECT HAS BEEN DETERMINED TO BE EXEMPT
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT,
(CEQA).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES
HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was duly filed by Dr. and Mrs. Juma Bharadia
with respect to real property located at 16 Pine Tree Lane (Lot 81-1-RH), Rolling
Hills, CA requesting a Site Plan Review and Conditional Use Permit for grading and
construction of a 6,502 square foot sports court and Variances for exceeding the
maximum permitted quantities of grading and the surface area of grading for sports
courts. The applicants also propose a 762 square foot addition to their residence, a
portion of which, (145 square feet), would encroach 8 feet into the required side yard
setback, which requires a variance. Portion of the existing residence encroaches into
the side setback. A 975 square foot basement is also proposed.
Section 2. The Planning Commission conducted duly noticed public
hearings to consider the application on March 15, April 21, May 17 and at a field trip
on April 21, 2011. 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'
representative was in attendance at the hearings. An inquiry and a letter were
received from adjacent property owners, who were also present at the field trip.
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. 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
Resolution No. 2011-07 1
any building or structure may be constructed. With respect to the Site Plan Review
application for the grading for the sports court the Planning Commission finds as
follows:
A. The proposed development is compatible with the General Plan, the
Zoning Ordinance and surrounding uses because the proposed project complies
with the General Plan requirement of low profile, low -density residential
development with sufficient open space between surrounding structures. The sports
court conforms to Zoning Code setbacks and lot coverage requirements. The
proposed project is screened from the road so as to reduce the visual impact of the
development. The disturbed area of the lot will be 37.3%, which is within the 40%
maximum permitted, and includes the future stable.
B. The development plan substantially preserves the natural and
undeveloped state of the lot by minimizing building coverage because the new
tennis court 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 court
will be screened. The nature, condition, and development of adjacent uses,
buildings, and structures and the topography of the lot have been considered, and
the construction will not adversely affect or be materially detrimental to the adjacent
uses, buildings, or structures because the proposed tennis court will be constructed
on a portion of the lot which is least intrusive to surrounding properties, will be
screened and landscaped with trees and shrubs is of sufficient distance from nearby
residences so that the proposed project will not impact the view or privacy of
surrounding neighbors, and will substantially utilize the existing relatively flat area
for the new construction.
C. The proposed activity is compatible with the General Plan and the
Zoning Ordinance. The Land Use Element of the General Plan establishes the
maintenance of strict grading practices to preserve the community's natural terrain.
The Building Code and the Zoning Ordinance require a balanced cut and fill ratio
and do not permit import or export of soil, except under special circumstances
applicable to a property and with a discretionary permission by the Planning
Commission. The project conforms to the grading requirements, Zoning Code
setbacks and lot coverage requirements.
D. 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.
E. The development plan follows natural contours of the site to minimize
grading and retain the natural drainage courses. The project is not located in a
canyon or on existing slopes that exceed 25%.
Resolution No. 2011-07
F. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because the
proposed development will utilize the existing driveway.
G. The project conforms to the requirements of the California
Environmental Quality Act and is exempt.
Section 5. Section 17.16.210(A)(7) of the Rolling Hills Municipal Code
allows for the construction of a sports court with certain conditions provided the
Rolling Hills Planning Commission approves a Conditional Use Permit for such use.
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 construction of a
tennis court 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 and appropriately located uses in
the community, and the area proposed for the sports court would be located in an
area on the property that is on a pad below the residential building pad and
sufficient distance from other residences so that it will not be visible from any
neighbor or roadway, and will not have a material impact on that property. The
tennis court will be screened with shrubs and trees.
B. The nature, condition, and development of adjacent uses, buildings,
and structures have been considered, and the construction of a 6,502 square foot
sports court will not adversely affect or be materially detrimental to these adjacent
uses, buildings, or structures because the proposed sports court will be constructed
on a portion of the secondary building pad, will be the least intrusive to
surrounding properties, will be screened and landscaped with mature trees and
shrubs, is of sufficient distance from nearby residences so that the sports court 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 project is harmonious in scale and mass with the site, the natural
terrain, and surrounding residences because the sports courtwill comply with the
low profile residential development pattern of the community and is located on
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, except when approved by a Variance
(exceeds the maximum permitted graded area and the maximum permitted cubic
yardage of dirt for grading).
Resolution No. 2011-07 3
E. The proposed conditional use is consistent with the portions of the Los
Angeles County Hazardous Waste Management Plan related 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.
F. The proposed conditional use observes the spirit and intent of Title 17
of the Zoning Code because sufficient area exists on the lot for a set aside for a
future stable and corral.
Section 6. 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
17.16.210A.7(h) and (i) is required because it states that a maximum permitted
grading for a tennis court shall not exceed 750 cubic yards of dirt and the area of
grading shall not exceed 10,000 square feet. The applicant is requesting a Variance to
cut and fill 1,430 cubic yards of dirt for the tennis court and grade an area of 11,240'
square feet. 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 because the configuration of the lot creates
difficulty in constructing the sports court elsewhere on the property and the
proposed grading is the minimum required for this size of tennis court. The area of
grading is required to allow for the elimination of a previously proposed 5'wall,
which with its elimination would crate a gentler slope and continuation of an
existing slope, rather than the creation of a 5' foot wall at limit of grading.
B. The Variance is necessary for the preservation and enjoyment of a
substantial property right possessed by otherproperty in the same vicinity and
zone, but which is denied to the property in question. Strict application of the
Zoning Ordinance would deprive the property owner of the right and benefits
enjoyed by similarly situated properties in the same vicinity and zone. The lot size
and configuration, together with the existing development on the lot creates a
difficulty in locating the sports court elsewhere on the property.
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 sports court will be screened from the
adjacent properties and the road, as required by the conditions of this approval. It
Resolution No. 2011-07 4
will be constructed on a portion of the secondary building pad, will be the least
intrusive to surrounding properties, will be screened and landscaped with mature
trees and shrubs, is of sufficient distance from nearby residences so that the sports
court 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.
D. The proposed conditional use observes the spirit and intent of Title 17
of the Zoning Code because sufficient area exists on the lot for a set aside for a
future stable and corral.
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 17.16.120 is
required because it states that every lot in the RAS-2 zone shall have a side setback
of not less than 25 feet from a roadway easement that is adjacent to a dedicated road.
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 this property that do not apply generally to other
properties or class of uses in the same zone because the configuration of the existing
structure, which 'encroaches into the side setback prevent further expansion in west
direction. The existing residence is located outside the envelope of the required side
setback, and the addition would be of a lesser encroachment than currently exist.
B. The Variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other properties in the same vicinity and
zone, but which is denied to the property in question. Strict application of the
Zoning Ordinance would deprive the property owner of the right and benefits
enjoyed by similarly situated properties in the same zone. The encroachment
permits the use of the lot to the extent allowed for other properties with similar lot
configurations and in its current configuration, as the encroachment is lesser than
existing. The Variance will permit the development to follow the line of an already
existing encroachment.
C. The granting of the Variance would not be materially detrimental
to the public welfare or injurious to the properties or improvements in such vicinity
and zone in which the property is located. Development in the side setback would
allow the remaining portion of the lot to remain undeveloped, would minimize
grading and would follow the existing line of encroachment. The area of addition is
screened from adjacent property owners and would not impair views. The structural
lot coverage and the total impervious lot coverage are within the requirements of the
City.
Resolution No. 2011-07 5
D. In granting of the Variance the spirit and intent of the Zoning
Ordinance will be observed in that the proposed addition will be orderly, attractive
and shall protect the rural character of the community. The proposed addition will
not encroach into potentially future equestrian uses on the property. A suitable
stable and corral area has been set -aside on the site.
E. The Variance request is consistent with the General Plan of the City of
Rolling Hills 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 structural lot coverage and the
total impervious lot coverage are within the requirements of the City.
Section 8. Based upon the foregoing findings, the Planning Commission
hereby approves this project subject to the following conditions:
A. The Site Plan Review, Conditional Use Permit and Variances approvals
shall expire within two years from the effective date of approval if construction
pursuant to this approval has not commenced within that time period, as required
by Sections 17.46.080(A), 17.37.070(A) and 17.42.070(A) of the Rolling Hills
Municipal Code, or the approval granted is otherwise extended pursuant to the
requirements of those 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 hereunder shall lapse; provided that the applicants have been given written
notice to cease such violation, the opportunity for a hearing has been provided, and
if requested, has been held, and thereafter the applicant fails to correct the violation
within a period of thirty (30) days from the date of the. City's determination.
C. All requirements of the Building and Construction Ordinance, the
Zoning Ordinance, and of the zone in which the subject property is located must be
complied with unless otherwise set forth in the Permit, or shown otherwise on an
approved plan.
D. The lot shall be developed and maintained in substantial conformance
with the site plan on file dated April 13, 2011, except as otherwise provided in these
conditions, Cvm � GL4 6 r Cwt Ae-te-d 26 `2011
E. The property on which the project is located shall contain an area of
sufficient size and which meets all standards for a stable and corral with vehicular
access thereto.
F. The working drawings submitted to the Building and Safety
Department for plan check review must conform to the development plan approved
with this application.
Resolution No. 2011-07 6
•
I 0
G. Grading shall not exceed a total of 1,430 cubic yards of cut and fill for
the tennis court and not to exceed 52 cubic yards for the residential improvements,
excluding basement, and shall be balanced on site. Only the dirt from the proposed
basement may be exported from the property.
H. Structural lot coverage shall not exceed 14,663 square feet or 14.6%,
(excl. outdoor kitchen),
I. Total lot coverage of structures and paved areas shall not exceed
25,960 square feet or 25.8% in conformance with lot coverage limitations.
J. The disturbed area of the lot shall not exceed 37,572 square feet or
37.3% of the net lot area in conformance with lot disturbance limitations.
K. Residential building pad coverage on the 12,800 square foot residential
building pad shall not exceed 6,091 square feet or 47.6%; the sports court pad
coverage shall not exceed 71.3% on the proposed 9,120 square foot pad.
L. If access for construction is to be from the adjacent vacant lot, the
applicant shall obtain permission from the property owners of said lot, and proof
submitted to the City.
M. There shall be no grading on the adjacent lot for access to the
construction site.
N. The applicant shall submit pictures of the adjacent site in the area of the
access before and after construction of the tennis court. The area used for access shall
be restored to pre -construction conditions.
O. The approval includes variances for the additional area of grading and
greater quantity of grading to eliminate a 5' wall.
P. Access to the tennis court, after its completion, shall be provided on
the same lot as the tennis court. The on grade existing access shall be utilized, which
shall not be graded.
Q. The area of encroachment into the side setback with the new addition
shall not exceed 8 feet and not be greater than 145 square feet total. A portion of the
existing residence encroaches into the side setback and it may remain.
R. The area prepared for the sports court shall not exceed 11,240 square
feet, as approved by the Variance.
Resolution No. 2011-07 7
• • I 1
S. Court lighting shall not be permitted.
T. Noise from sports court use shall not create a nuisance to owners of
surrounding properties.
U. All retaining walls incorporated into the court shall not be greater than
four (4) feet in height at any point. Exposed exterior retaining walls shall not be
permitted. A separate building permit shall be obtained for the retaining wall.
V. The sports court shall be screened on all four sides with drought -
resistant mature trees and shrubs. In addition, all graded areas shall be re -vegetated
utilizing to the greatest extent feasible mature native and drought resistant plants.
Native trees and other native plants shall be utilized, and which are consistent with
the rural character of the community and meet the fire department requirements for
fire resistant plants. Any trees and shrubs used in the landscaping scheme for this
project shall be planted in a way that will not result in a hedge like screening. Trees
and shrubs shall be planted so as not to impair views of neighboring properties but
to screen the project site.
W. All disturbed 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 and be in compliance with
City's Water Efficient Landscaping Ordinance.
X. Prior to the issuance of any building or grading permit two copies of a
preliminary landscape plan shall be submitted for review by the Planning
Department. A security in the amount of the cost estimate of the implementation of
the landscaping plan plus 15% shall be required to be posted prior to issuance of a
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.
Y. The property owner and / or his/her contractor/ applicant shall be
responsible for compliance with the no -smoking provisions in the Municipal Code.
Z. The contractor shall not use tools that could produce a spark, including
for clearing and grubbing, during red flag warning conditions. Weather conditions
can be found at:
htta://www.wrh.noaa.aov/Iox/main.aha?suite=safetv&aaae=hazard definitions
Resolution No. 2011-07 8
#FIRE. It is the sole responsibility of the property owner and/or his/her contractor
to monitor the red flag warning conditions.
AA. During construction, conformance with the air quality management
district requirements, stormwater pollution prevention practices, including erosion
control, 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.
AB. During and after construction, all parking shall take place on the
project site and, if necessary, any overflow parking shall take place on the adjacent
private vacant lot. There shall be no parking on Pine Tree Lane or in the cul-de-sac.
AC. 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.
AD. The property owners shall be required to conform to the Regional
Water Quality Control Board and County Health Department requirements for the
installation and maintenance of septic tanks.
AE. The property owners shall be required to conform to the Regional
Water Quality Control Board and County Health Department requirements for the
installation and post construction maintenance of stormwater drainage facilities.
AF. The property owners shall be required to conform to the Regional
Water Quality Control Board and County Public Works Department Best
Management Practices (BMPs) related to solid waste.
AG. The sports court shall drain towards the rear of the property. Prior to
the submittal of an applicable final building plan to the Building and Safety for plan
check, a detailed drainage plan that conforms to the development plan as approved
by the Planning Commission shallbe submitted to the Rolling Hills Planning
Department staff for their review and approval. Such plan shall include all water
from any site irrigation systems and assure that all drainage from the site is
conveyed in an approved manner towards the rear of the property.
AH. If an above drainage swale or a dissipater is to be constructed it shall
be designed in such a manner as not to cross over any equestrian trails or discharge
water onto a trail, shall incorporate earth tone colors, and shall be screened from the
road and neighbors' views to the maximum extent practicable, without impairing
the function of the drainage system.
Resolution No. 2011-07 9
AI. The project shall be reviewed and approved by the Rolling Hills
Community Association.
AJ. All utility lines shall be placed underground. The roof material for the
residence shall comply with the City of Rolling Hills Building Code requirements.
AK. Until the applicants execute an Affidavit of Acceptance of all
conditions of this Site Plan Review, CUP and Variances approvals, as required by
the Municipal Code, the approvals shall not be effective.
AL. All conditions of the Site Plan, Variances and Conditional Use
approvals, that apply, shall be complied with prior to the issuance of grading or
building permit from the Building and Safety Department.
AM. The conditions of approval specified herein shall be printed on the
Plans submitted to RHCA and to Building and Safety Department for plan check
review and on all subsequent plans.
AN. 50% of the demolition and construction materials shall be
recycled/diverted. Pursuant to the Construction and Demolition Recycling
Ordinance the hauling company shall obtain a hauling permit and pay the
applicable fees. Verification of recycling/ diversion shall be submitted to the City.
AO. Perimeter easements shall remain free and clear of any improvements
including, but not be limited to, fences -including construction fences, grading (both
cut and fill), landscaping, irrigation and drainage devices, play equipment, parked
vehicles, building materials, debris and equipment, unless otherwise approved by
the RHCA.
AP. Any action challenging the final decision of the City made as a result
of the public hearing on this application must be filed within the time limits set
forth in Section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil
Procedure Section 1094.6.
PASSED, APPROVED AND ADOPTED THIS 17th DAY OF MAY 2011.
SMITH, CHAIRPERSON
p e
HEIDI LUCE, DEPUTY CITY CLERK
Resolution No. 2011-07 10
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2011-07 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS GRANTING A CONDITIONAL USE PERMIT
TO CONSTRUCT A TENNIS COURT; A SITE PLAN REVIEW FOR
GRADING FOR THE TENNIS COURT AND VARIANCES TO
EXCEED THE MAXIMUM PERMITTED GRADING QUANTITIES
AND THE MAXIMUM PERMITTED GRADED AREA FOR A TENNIS
COURT AND A VARIANCE TO ENCROACH WITH AN ADDITION
TO THE RESIDENCE INTO THE SIDE YARD SETBACK ON A
PROPERTY DEVELOPEDWITH A SINGLE FAMILY RESIDENCE IN
ZONING CASE NO. 801, AT 16 PINE TREE LANE (LOT 81-1-RH),
(BHARADIA). PROJECT HAS BEEN DETERMINED TO BE EXEMPT
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT, (CEQA).
was approved and adopted at a regularr meeting of the Planning Commission on
May 17, 2011 by the following roll call vote:
AYES: Commissioners Chelf, DeRoy, Henke and Vice Chairman Pieper.
NOES: None.
ABSENT: Chairperson Smith.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
HEIDI LUCE, DEPUTY CITY CLERK
Resolution No. 2011-07 11
•
(m)
JUL 2 9 2011
City of Rolling Hills
By
RESOLUTION Nt... 733
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL FOR TENTATIVE
PARCEL MAP NO. 21486, SUBDIVISION NO. 84, A REQUEST TO
SUBDIVIDE A 6.07 ACRE EXISTING LOT THAT HAS ONE
RESIDENTIAL UNiT itiTO 2 SINGLE•FAMILY RESIDENTIAL
LOTS FRONTING THE NORTHERN TERMINUS OF PINE TREE
LANE IN ZONING CASE NO. 450.
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY FIND,
RESOLVE AND ORDER AS FOLLOWS:
Section 1, An application was duly filed by Dr. and Mrs. Ramon Cukingnan with respect
to real property at Lot 81-RH, and currently, 16 Pine Tree Lane, Rolling Hills, requesting a two
(2) lot subdivision of land on an existing lot that has one residential unit.
Section 2, The application applies to Lot 81-RH which consists of 6.07 acres gross. This
lot is proposed to be divided into two parcels as follows: Parcel 1 • 2.72 acres gross, 2.32 acres net
and Parcel 2 - 3.35 acres gross, 2.84 acres net. Lot 81-RH is within the RAS-2 zone district (2-acre
minimum zone), and referred to as Assessor's Book, Page, and Parcel No. 7569-013.002. The
General Plan Land Use designation for this property is Very Low Density Residential 2+-;a et
Acres per Dwelling Unit.
Section 3, The subject site is presently occupied by one residential structure at the southern
portion of the property, surrounded by landscaping. The existing residential structure would be
located on Parcel 1. The remainder of the lot is presently vacant with natural vegetation in a semi -
disturbed state. The site is surrounded by other single family dwellings on 2+ acre size lots. The
zone designation for the subject site is RAS-2 and the zone designation on adjacent properties is
RAS-2.
Section 4, The Planning Commission conducted a duly noticed public hearing to consider
theapplication for a 2-lot subdivision of land on October 26, 1993, November 16, 1993, December
21, 1993, and January 18, 1994, February 5, 1994 February 18, 1994, and February 26, 1994 and at
field trip visits on November 13, 1993 and December 11, 1993. Evidence was heard and presented
from all persons interested in affecting said proposal, from all persons protesting the same, and
from members of the City staff and the Planning Commission having reviewed, analyzed and
studied said proposal.
Section 5, . According to Section 16.12.110 of Title 16, Subdivisions, of the Rolling Hills
Municipal Code, the Planning Commission is the advisory agency for review of a tentative parcel
map and the Commission is to make its recommendations to the City Council upon completing
evaluation of all environmental proceedings pursuant to the local guidelines implementing the
Environmental Quality Act. On February 26, 1994, the Planning Commission recommended
approval of the application for a 2-lot subdivision of land to the City Council.
Section 6, The City Council conducted a duly noticed public hearing to consider the
application for a 2-lot subdivision of land on February 14, 1994, March 1, 1994 and March 14, 1994,
and at a field trip visit on March 10, 1994. Evidence was heard and presented from all persons
interested in affecting said proposal, from all persons protesting the same, and from members of
the City staff and the City Council having reviewed, analyzed and studied said proposal.
Section 7, On August 6, 1993, Planning staff prepared an initial study for the project. The
initial study found that the project would not have a significant effect on the environment if certain
mitigation measures were included in the project. The Negative Declaration was prepared with
those mitigation measures and was circulated to the applicant and other interested parties in
accordance with State of California Environmental Quality Act (CEQA) Guidelines. The public
notice of the Planning Commission's intent to recommend approval of the Negative Declaration
was published on September 25, 1993. Copies of the Negative Declaration were sent to adjacent
cities and other government agencies.
Section 8, The City Council has reviewed the proposed Negative Declaration and finds that
it represents the independent judgment of the City and that it was prepared inre'compliance with
CEQA. Therefore, the City Council finds that although the proposed project could have a
significant effect on the environment, there will not be a significant effect in this case because
mitigation measures have been added to the project, and are incorporated herein by reference.
Basel on these findings, the City Council hereby �pts the mitigated Negative Declaration in
accr:;c,,,nce with the California Environmental Quaiiii Act.
Section 4, Pursuant to Section 16.12.150 of the Rolling Hills Municipal Code a tentative
map shall be rejected under certain conditions. Based upon substantial evidence presented to the
City Council of the City of Rolling Hills during the public hearings referenced in Section 6,
including public testimony, and written and oral staff reports, the City Council finds as follows:
A. The proposed subdivision map and the design and improvement of the proposed
subdivision are consistent with the applicable General Plan, including but not limited
to, the following goals and policies of, the General Plan:
1. Maintain Rolling Hills' distinctive rural residential character. (Land Use
Element, p. 15.)
2. Accommodate development which is compatible with and complements
existing land uses. (Land Use Element, p. 15.)
3. Accommodate development that is sensitive to the natural environment and
accounts for environmental hazards. (Land Use Element, p. 16.)
4. Provide for housing which meets the needs of existing and future Rolling Hills
residents. (Housing Element, p. 44)
5. Maintain and enhance the quality of residential neighborhoods in Rolling
Hills. (Housing Element, p. 44)
6. Promote housing opportunities for all persons regardless of race, religion, se;
marital status, ancestry, national origin or color. (Housing Element, p. 45.)
7. Conserve and enhance the City's natural resources, facilitating development
in a manner which reflects the characteristics, sensitivities and constraints of
these resources. (Open Space and Conservation Element, p. 15.)
B. The site is physically suitable for the proposed density and type of development. The
proposed use, density, and proposed subdivision improvements are permitted in the
RAS-2 zone. Parcel 1 is 2.32 acres net and Parcel 2 is 2.84 acres net which both
exceed the minimum 2-acre lot size of the RAS-2 zone.
C. The design of the subdivision or the proposed improvement is not likely to cause
substantial environmental damage; or substantially and avoidably injure fish or
wildlife or their habitat. The design of the subdivision and the proposed
improvements are not likely to cause substantial environmental damage or
substantially and avoidably injure fish or wildlife or their habitat, because the
property is within an area of the City, designated for development. The initial study
prepared for the project did not identify the site as containing unique or sensitive
environmental qualities and no threatened, rare or endangered plant or animal
species were identified during review of the project.
D. The design of the subdivision or type of improvements is not likely to cause serious
public health problems. The design of the subdivision and the proposed
improvements are not likely to cause serious public health problems because
conditions of approval have been applied to the project to require compliance with
applicable codes and ordinances designed to protect public health and safety.
E. The design of the subdivision or type of improvements will not conflict with
easements acquired by the public at large for access through or use of property
within the proposed subdivision. This is because existing roadway easements will be
maintained or expanded by this project and adequate access will be provided to these
parcels and adjacent parcels. In addition, the parcels will contain perimeter
easements providing access for roads, trails, and public utilities. As a condition of
approval, these easements will be recorded in deeds prior to approval of the final
map.
Resolution No. 733 -2-
The proposed subdivision will not adve. affect the housing needs of the region.
N.
G. The proposed use will be in substantial compliance with the provisions of the
Residential Development Standards in the Rolling Hills Zoning Ordinance.
H. The proposed use will be compatible with other existing residential development in
the immediate area.
I. The tentative map design provides for future passive or natural heating or cooling
opportunities in the subdivision to the extent feasible because the project is designed
with lots of adequate dimensions to maximize the opportunities for passive and
natural heating and cooling.
J. The tentative map does not propose to divide land which is subject to a contract
entered into pursuant to the California Land Conservation Act of 1965, because the
property in question has not been included in any such contract.
K. Pursuant to Section 66474.6 of the Subdivision Map Act, the discharge of waste from
the proposed subdivision into proposed septic systems will not result in violation of
existing requirements prescribed by the California Regional Water Quality Control
Board, because the applicant is required to comply with all Conditions of Approval
regarding waste disposal contained in Section 12 of this Resolution.
L Pursuant to the Rolling Hills Municipal Code Section 16.12.155, this Tentative Parcel
Map is consistent with and does not impact the County of Los Angeles Hazardous
Waste Management Plan..
Section 10. Pursuant to the Rolling Hills Municipal Code Section 16.12.130, the applicant
seeks a modification to the street grade requirement contained in Section 16.16.150 of the City's
Subdivision Ordinance which is determined to be warranted because of the size and shape of the
proposed division of land and the unusual physical conditions thereon. Specifically, Rolling Hills
Municipal Code Section 16.16.150 requires that no street shall have a grade of more than six (6)
percent except for short distances where the topography makes it impracticable to keep within such
grades, and in that event, the grade shall not exceed ten (10) percent except where evidence which
is satisfactory to the Advisory Agency is given that a lower grade is not possible. However, the
maximum permissible grade shall not exceed seventeen percent for a distance of more .than one
hundred fifty feet.
Proposed Pine Tree Lane has a grade beginning at Portuguese Bend Road that varies from 53%
for 190 feet, 10.0% for 50 feet, 12.5% for 185 feet, 10.0% for 50 feet, 8.3% for 220 feet, 10.0% for
100 feet, 7.4% for 135 feet, 8.3% for 120 feet, 12.5% for 81 feet, 10.0% for 95 feet, 14.7% for 170
feet, 12.5% for 130 feet, 15.6% for 115 feet, 12.5% for 133 feet, 14.3% for 524 feet, 10% for 90
feet, 17.0% for 70 feet, 9.0% for 50 feet, and 2.7% for 50 feet at the cul-de-sac end of Pine Tree
Lane.
Based upon the evidence submitted, the City Council finds that the existing topography and road
makes it impossible to construct a roadway with a maximum 10% grade unless a switchback design
is incorporated which would traverse and render undevelopable at least one lot in the proposed
subdivision. The alteration of the road to meet the minimum guidelines would also cause large
amounts of grading and would require retaining walls exceeding 5 feet along portions of Pine Tree
Lane.
Section 11. Based upon the foregoing findings, the City Council grants approval of the
modification to street grade specified in Section 10, and approves Tentative Parcel Map No. 21486,
Subdivision No. 84 in Zoning Case No. 450, a request for a two (2) lot subdivision of land (attached
hereto as Exhibit A) subject to the conditions contained in Section 12 of this Resolution.
Section 12. Tentative Parcel Map No. 21486, Subdivision No. 84 in Zoning Case No. 450
(attached hereto as Exhibit A) is subject to the following conditions:
GENERAL CONDITIONS:
1. This Tentative Parcel Map shall expire two (2) years from the date of City Council
approval. The Tentative Parcel Map was approved on and will expire on the following dates:
Resolution No. 733 -3-
APPROVAL DATE: MARCH 28_ }-
EXPIRATION DATE: MARCH 28. 1996
This approval shall become null and void if a final map has not been timely filed prior to the
expiration date in accordance with provisions of the Subdivision Map Act.
2. An extension of time to the expiration date may be granted by or upon submittal of a
formal application and required exhibits at least thirty (30) days prior to expiration. A letter
indicating an intent to file an extension should be filed at least sixty (60) days prior to the
expiration date.
3. This Tentative Parcel Map is granted for all boundary lines, easements, rights -of -way, and
construction of off -site improvements as shown on the map labeled Exhibit A, dated March 28,
1994, as modified by the Conditions of Approval.
4. This Tentative Parcel Map approval is subject to all applicable requirements of the State
of California, the County of Los Angeles, the City of Rolling Hills, any other affected governmental
entities, and the requirements of the Rolling Hills Community Association. The duty of inquiry
as to such requirements shall be upon the applicant.
5. The subdivider shall comply with all the requirements of the Rolling Hills Municipal
Code, and all requirements of the City of Rolling Hills ordinances, resolutions, engineering
standards and other applicable standards, that are in effect at the time that subdivision
improvement pernuts are issued for the development.
6. The subdivider shall obtain approval of, and all required permits from, the Rolling Hills
Community Association for all of the following: (a) subdivision improvements affecting easements,
roads, and trails; and (b) the location of, and the improvements to, Pine Tree Lane, including but
not limited to the extension of Pine Tree Lane and the proposed cul-de-sac bulb. In the event the
location of the roadway extension cul-de-sac built is modified by the Community Association, the
tentative map shall be resubmitted to the Rolling Hills Planning Commission for modification
approval.
• 7. In accordance with Chapter 1706 of the California State Statutes of 1990, the applicant
shall pay any required fee, along with the required processing fee, to the City of Rolling Hills and
County Clerk for remittance to the State Department of Fish and Game. This approval shall not
be valid and effective unless and until the fee(s) have been paid and the Notice of Determination
has been filed.
8. The applicant shall pay all fees at the time fees are determined to be applicable and
comply with all requirements of the applicable Federal, State and Local agencies, including, but
not limited to the following as applicable:
Los Angeles County Sanitation District
Los Angeles County Consolidated Fire District
California Water Service Company
Palos Verdes Peninsula Unified School District
United States Army Corps of Engineers
9. The subdivider shall dedicate land or pay a fee in lieu thereof for purposes of park and
recreational facilities (Quimby Act) in accordance with the proportional standards set forth in
Section 16.18.150 of the Rolling Hills Municipal Code.
10. Coordination with utility companies by the subdivider's engineer during design shall be
required in order to ensure that required public improvements are not in conflict with existing or
proposed utilities.
11. The subdivider shall comply with all requirements of the Congestion Management Plan
for the County of Los Angeles and any related City of Rolling Hills requirements.
12. The subdivider shall defend, indemnify, and hold harmless the City of Rolling Hills and
its officers, employees and agents from and against any claim, action, or proceeding against the City
of Rolling Hills, its officers, employees, or agents to attack, set aside, void, or annul any approval
or condition of approval of the City of Rolling Hills concerning this subdivision, including but not
Resolution No. 733 -4-
i
limiter' • any approval or condition of approval of ►` City Council, Planning Commission or
Planet. Director, which action is brought within thme period provided for in Government
Code Section 6649937. The City shall promptly notify the subdivider of any claim, action, or
proceeding concerning the subdivision and the City shall cooperate fully in the defense of the
matter. The City reserves the right, at its own option, to choose its own attorney to represent the
City, its officers. employees and agents in the defense of the matter.
13. When exhibits and written conditions of approval are in conflict, the written conditions
shall prevail.
THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO THE STAMPING OF THE
TENTATIVE MAP FOR CONDITION COMPLIANCE;
Planning
14. The Tentative Parcel Map shall be drawn to a scale of one inch to one hundred feet
unless otherwise required and approved by the City Engineer.
15. The Tentative Parcel Map shall, at a minimum, show-.
a. The tract number;
b. Sufficient legal description of the land as to define the boundaries of the
proposed tract;
c. Name and address of the subdivider and of the registered engineer or licensed
surveyor who has done or will do the survey work required to be done by this
title;
d. Locations, names and existing widths of all adjoining streets or roads and a
statement as to their character as being public or private;
e. The width and grades of all existing and proposed roads within such proposed
subdivision, and the direction of drainage and proposed disposition of water;
f. The widths and locations of all existing and proposed roads and easements,
whether public or private, for drainage, bridle trails, sanitary and storm
sewers, or public utility purposes;
g•
The radii of all curves on streets or other easements;
b. The lot layout and the dimensions of each lot with a proposed twelve
thousand square foot graded building pad, a four hundred -fifty square foot
stable area, and a five hundred -fifty square foot corral area. The grade of
access to the building pad shall not be greater than twenty percent, and to the
stable area not greater than twenty-five percent;
i. The approximate locations of all areas subject to inundation of stormwater
overflow, or geological hazard, which areas shall be marked "Subject to
Flooding" or "Subject to Geological Hazard" and the locations, widths and
directions of flow of all watercourses and/or swales.
The approximate location and size of all existing and proposed water mains
within and adjacent to such proposed tract;
k. The approximate location and size of all existing and proposed fire hydrants
within the proposed tract which shall be placed at intervals of not more than
eight hundred feet;
I. Proposed method of sewage disposal;
m. Proposed use of each lot;
n. Approximate contours at five-foot vertical intervals, except where the slope
is in excess of thirty degrees, in which case the vertical interval between
Resolution tio. 733 -5-
j•
approximate contours shall be twenty feet, and where grading is proposed.
engineering data shall show the oroximate finish grading;
o. Proposed balanced cut and fill grading amounts.
p. Proposed public areas, if any;
q. Date, north point and scale;
r. `umber for each proposed lot;
s. Statement of existing groundcover;
t. Approximate location of each tree within the proposed subdivision area, and
an indication as to which trees are to be removed;
u. Approximate location and outline to scale of each existing building or
structure within the proposed tract which will not be removed or demolished
in the development of the subdivision;
v. A designation by letter or actual name, for purposes of identification, of any
street within the proposed subdivision;
w Where public sewers are not available, and where private sewage systems will
be utilized, the results of percolation tests shall be submitted in accordance
with the recommendations of the City Health Officer;
x. Existing zoning both as to land use and area requirements;
y. There shall be filed with the tentative map a geological report prepared by a
registered engineering geologist, as required by the Business and Professions
Code of the State, showing the geological characteristics of each lot in the
proposed subdivison, and that on each lot a building site can be developed
which is free of geological hazard. Said report and the conclusions contained
therein shall be approved by the City Engineer, and may be subject to the
provisions of Chapter 16.36.
z. If it is impossible or impracticable to place upon the tentative map any matter
required in this section, such matter or information shall be furnished in a
written statement which shall be appended to and submitted with such map.
(Ordinance 161, Section 11-2.105, 1980).
16. The Tentative Parcel Map shall comply with the City Subdivisions Code and Zoning
Ordinance, the area requirements and subdivision development standards of the RAS-2 Zone
requiring a minimum parcel standard of 2 net acres per lot.
47 iThe entative Parcel Map shall delineate the location of a minimum 450 square foot
sta land a minm 550 square foot corral on each parcel of the subdivision.
(Tbe)entative Parcel Map shall delineate the location of a building pad that has a
irumum size of,.12,000 square feet and up to a maximum 15,000 square feet on each parcel of the
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f ubdrvistpn.7
19. The applicants shall submit evidence that they are the owners of the property shown
on the Tentative Parcel Map as proposed for subdivision.
20. The Tentative Parcel Map shall show Pine Tree Lane as a private paved street with
a right-of-way of 30 feet for the proposed roadway including all necessary slope easements to the
City's satisfaction and shall comply with all provisions of Section 16.16.080 of the City's Subdivision
Ordinance.
21. The Tentative Parcel Map shall include an extension of Pine Tree Lane and
accompanying easements along the southerly property line of the applicant's property and the
northerly property line of the property located at 10 Pine Tree Lane (Lot 85-RH). The roadway
extension shall culminate in a cul-de-sac bulb and shall have a 32-foot radius and a 10 foot
Resolution No. 733 -6-
perim easement. The cul-de-sac bulb shall be toe ''d on the property at 16 Pine Tree Lane.
Provio.. ,ne cul-de-sac street along the southerly bou. .pry as a private street with a right-of-way
of 30 feet from centerline to the. City's satisfaction and comply with all provisions of Section
16.16.080 of the City's Subdivision Ordinance. The bulb of the cul-de-sac street shall be shown
entirely within the property lines on Parcels 1 and 2 in conformance with Section 16.16.050 of the
City of Rolling Hills. Subdivision Ordinance. The cul-de-sac bulb must be compatible with
Tentative Tracts 21400 and 22334.The location of the roadway extension and cul-de-sac bulb shall
be as shown on Exhibit A to this Resolution.
22. The Tentative Parcel Map shall show the side of the road where the 4 foot bridle trail
on Pine Tree Lane will be located within property easements. The bridle trail shall be continuous
in nature and connect to existing trails within the trails system.
23. The Tentative Parcel Map shall show 30 foot street easements along Pine Tree Lane,
10 foot street easements around the cul-de-sac bulb on Parcel 1 and Parcel 2, and 25 foot
easements at the remaining perimeters of each parcel. The cul-de-sac bulb shall be compatible
with Tentative Parcel Map Nos. 21400 (Hassoldt) and 22334 (Smith).
24. The Tentative Parcel Map shall show all grades on Pine Tree Lane.
25. The Tentative Map shall show individual driveways that are 20 feet wide.
26. Fire Department "Information only" maps showing a "typical section" of Pine Tree
Lane, complying with the above conditions shall be submitted to the Fire Department.
27. Extend lot/parcel lines to the center of private and future streets.
28. The Tentative Parcel Map shall provide a new centerline and cul-de-sac bulb of Pine
Tree Lane to the satisfaction of these conditions and the City Engineer/Superintendent of Streets.
29. The Tentative Parcel Map shall provide that all utility lines shall be undergrounded
to the satisfaction of the City. •
THE FOLLOWING CONDITIONS SHALL BE COMPLETED PRIOR TO OR IN
CONNECTION WITH RECORDATION OF THE FINAL MAP OF ANY PHASE:
Planning
City Engineer/Superintendent Of Street
Land Development Division - Road Department
Fire Department
30. Easements for the construction of the roadway extension and the cul-de-sac bulb and
the terms for payment of construction costs of such improvements shall be provided in an
agreement between the applicant and surrounding property owners which shall be recorded against
each parcel which is the subject of the agreement. This agreement shall be approved by the City
prior to recordation and shall contain the following minimum terms:
a. The grant of all roadway, access, grading and other necessary easements to
the Rolling Hills Community Association and to the applicant which are
required to construct the roadway extension and cul-de-sac bulb as specified
in Paragraph (a) of this condition;
b. The deposit by the applicant, the owner of property at 16 Pine Tree Lane, or
by a combination thereof, within 30 days after Tentative Map approval is
obtained, of the dollar amount of a City approved estimate of the work to
construct the improvements specified in Paragraph (a) of this condition;
c. The deposit by the applicant, the owner of the property at 16 Pine Tree Lane,
or by a combination thereof, within 30 days after Tentative Map approval is
obtained, of the dollar amount of a City approved estimate of any and all
pavement markings, roadway striping and relocation of traffic safety signs
following completion of the roadway modifications to the satisfaction of the
City Manager and Traffic Engineer;
Resolution No. 733 ' .7.
d. Completion of construction of t' improvements specified in Paragraph (a)
of this condition by the applicatt, '. by the owner of property at 16 Pine Tree
Lane, or by a combination thereof, within a reasonable period of time but not
later than one year from the date this Tentative Map is approved; and
e. A covenant by the owners of the property located at 16 Pine Tree Lane to
remove the stable on that property which, following construction of the
roadway extension, lies within 50 feet of the new roadway easement. The
covenant shall also include the removal of any structure, including but not
limited to the garage, and other portions of the house, that lie within the
thirty-five (35) foot required side yard setback along the eastern side of the
property. The removal shall be completed within 12 months of completion
of the roadway extension.
31. Street improvements on Pine Tree Lane shall be engineered and designed to match
that required for any approved neighboring subdivision map. Further, paving shall properly
coincide with neighboring properties to the satisfaction of the City of Rolling Hills. The street
improvements shall be constructed with rolled curbs and shoulders, to the satisfaction of the City
of Rolling Hills and the Rolling Hills Community Association. The paving shall include gutters and
flow lines, unless otherwise required by the Rolling Hills Community Association.
32. Reconstruct base and pavement on Pine Tree Lane to Portuguese Bend Road
providing 20 feet of pavement and 4 feet for bridle trail. Construct inverted shoulder pavement
10 feet (lane -width) with 2" minimum Asphalt Cement (A.C.) over a 6" crushed aggregate base.
The 4 foot bridle trail on Pine Tree Lane shall be composed of decomposed granite and
constructed to the Los Angeles County Fire Department Fire Protection Engineering all weather
access standards. The paving and bridle trail area shall be separated by a 2" x 3' redwood header.
There shall be no rail or fence separating the trail and road.
33. Easements shall be granted to the Rolling Hills Community Association for the
purpose of ingress, egress, construction and maintenance of all infrastructure constructed as
roadways, trails, and utility access to the satisfaction of the City Engineer.
City Engineer/Superintendent of Street
Land Develooment Division
34. Details and notes shown on the tentative map are not necessarily approved. Any
details or notes which may be inconsistent with requirements of ordinances, general conditions, of
approval, or City policies must be specifically approved by the City. Otherwise all such inconsistent
details and notes or ordinance requirements shall be corrected to conform to these conditions and
ordinance requirements that were in effect at the time that this tentative map was approved by the
City of Rolling Hills.
35.The distances from the proposed lot/parcel lines to the buildings which are to remain
must be shown. If such distances will create nonconforming conditions under Building Code
Chapters 5, 18, 19 and 21 or Zoning Ordinance requirements, such lot/parcel lines shall be
relocated or the non -complying conditions of the buildings shall be corrected prior to the division
of land.
36. The relationship of existing sewage disposal components to the new parcel lines may
create conditions that do not comply with the Building Code/Plumbing Code/Zoning Ordinance.
These non -complying conditions shall be corrected or the lot/parcel lines relocated prior to the
division of land.
37. Easements are tentatively required, subject to review by the City Engineer to
determine the final locations and requirements.
38. Easements shall not be granted or recorded within areas proposed to be granted,
dedicated, or offered for dedication for public streets, highways, access rights, building restriction
rights, or other easements until after the final map is filed with the County Recorder. If easements
are granted after the date of tentative approval a subordination must be executed by the easement
holder prior to the filing of the final map.
39. In lieu of establishing the final specific locations of structures on each parcel at this
time, the owner, at the time of issuance of a grading or building permit agrees to develop the
Resolution No. 733' -8-
proper' • conformance with the City Code and other i'ropriate ordinances such as the Building
Code, ! .nbing Code, Grading Ordinance, Highway F +it Ordinance, Mechanical Code, Zoning
Ordinance, Undergrounding of Utilities Ordinance, Water Ordinance, Sanitary Sewer and Industrial
Waste Ordinance, Electrical Code, and Fire Code. Improvements and other requirements may be
imposed pursuant to such codes and ordinances.
40. All easements existing at the time of final map approval must be accounted for on
the approved tentative map. This includes the location, owner, purpose, and recording reference
for all existing easements. If an easement is blanket or indeterminate in nature, a statement to that
effect must be shown on the tentative map in lieu of its location. if all easements have not been
accounted for, submit a corrected tentative map to the Planning Department for approval.
41. Label the 20 foot access easement on Parcel 2 as "Private Driveway and Fire Lane"
and delineate on the final map to the satisfaction of the Fire Department.
42. Remove existing structures within proposed right-of-way prior to final approval.
43. Provide proof of access prior to final approval and delineate on the final map.
44. Quitclaim or relocate easements running through proposed structures.
45. A final parcel map must be processed through the City Engineer prior to being filed
with the County Recorder.
46. Prior to submitting the tentative parcel map to the City Engineer for examination
pursuant to Section 66450 of the Government Code, obtain clearances from all affected
Departments and Divisions, including a clearance from the Subdivision Section of the Land
Development Division of the Department of Public Works for the following mapping items:
mathematical accuracy; survey analysis; and correctness of certificates, signatures, etc.
47. A preliminary guarantee is needed if signatures of record title interests appear on the
final map. A final guarantee will be required. If said, signatures do not appear on the final map,
a title report/guarantee is needed showing all fee owners and interest holders and this account
must remain open until the final parcel map is filed with the County Recorder.
48. Grant ingress/egress and utility easements to the public over the private and future
street on the final map.
City Engineer/Superintendent of Streets
Land Develooment Division - Subdivision Section
49. All easements existing at the time of final map approval must be accounted for on
the approved tentative map. This includes the location, owner, purpose, and recording reference
for all existing easements. If an easement is blanket or indeterminate in nature, a statement to that
effect must be shown on the tentative map in lieu of its location. If all easements have not been
accounted for, submit a corrected tentative map to the Planning Department for approval.
50. All easements shown on the corrected Tentative Parcel Map, that are found to be
in compliance with these conditions by tht City and the Rolling Hills Community Association shall
be described and provided for in written deeds to the Rolling Hills Community Association. The
form and content of the deeds must be approved by the City and the Rolling Hills Community
Association prior to recordation. All such deeds of easement shall be recorded prior to the
recordation of the final map.
Planning
51. Prior to approval of the final map, the subdivider shall pay the applicable park and
recreational (Quimby Act) fees in accordance with Section 16.18.150 of the Rolling Hills Municipal
Code and Section 66477 of the Government Code. Tbese fees would be calculated in 1994 as
follows: The per dwelling average of assessed valuation (currently, S784,214.65) multiplied by the
park standard per lot (0.0147) = S11,579.55 per new lot.
52. Prior to approval of the final map, demolish existing stable and corral area at
southwest portion of Parcel 1 in the front yard setback; demolish garage, and other portions of the
Resolution No. 733 -9-
house, ^' ^t lie within the thirty-five (35) foot required ';de yard setback along the eastern side of
the prc, ty; and construct a new minimum 2-car ga on the western side of the house.
53. A preliminary guarantee is needed if signatures of record title interests appear on the
final map. A final guarantee will be required. If said signatures do not appear on the final map.
a title report/guarantee is needed showing all fee owners and interest holders and this account
must remain open until the final parcel map is filed with the County Recorder.
54. The final parcel map must be processed through the County Engineer prior to being
filed with the County Recorder.
55. Delineate proof of access to a public highway on the final map.
56. Grant ingress and egress easements to the public over private and future streets on
the final map.
57. The subdivider shall enter into an agreement with the City franchise cable TV
operator to permit the installation of cable in a common utility trench.
58. A drainage statement/letter shall be provided to the City Engineer because an offer
of a private street or an extension of an existing street has been made.
59. In accordance with Section 2136.010(c) of the County's Subdivision Ordinance a
deposit is required to review documents and plans for final map clearance.
City Engineer/Suoerintendent of Streem
Land Development Division - Water Ordinance Subunit
Fire Department
60. Provide water mains, fire hydrants, and fire flows as required by County Forester and
Fire Warden for all land shown on the map to be recorded.
61. Water mains shall be designed to meet or exceed the total flow requirements
determined for domestic flow and fire flow for this development. Required domestic flow shall be
calculated by the subdivider's engineer. Fire flow shall be determined by the Los Angeles County
Fire Department as follows:
a. The required fire flow for public fire hydrants at this location is 750 gallows
per minute at 20 psi for a duration of 2 hours, over and above maximum daily domestic demand.
b. Upgrade one public/private fire hydrant unless fire flow meets Fire
Department requirement.
c. All hydrants shall measure 6" x 4" x 2-1/2" brass or bronze, conforming to
current AWWA standard C503 or approved equal. All hydrants shall be installed a minimum of
25 feet from a structure or protected by a two (2) hour fire wall as per map on file with the Fire
Department.
62. All required fire hydrants shall be installed, tested and accepted prior to construction.
Vehicular access must be provided and maintained serviceable throughout construction.
63. The plans and specifications for the water delivery system shall be submitted for
approval to the responsible water purveyor prior to final approval of this development by the City
Engineer. In all cases where water system facilities have not been installed prior to filing this
development with the City Engineer for final approval, the applicant shall submit a Labor and
Materials bond in addition to one of the following:
a. An agreement and Faithful Performance bond in the amount approved by the
City Engineer to be sufficient to guarantee installation of the improvements; or
b. An agreement and evidence satisfactory to the City Engineer showing that the
applicant has entered into a contract with the serving water utility for establishing a security
guaranteeing payment for the installation of the improvements.
Resolution No. 733 -10-
64. The applicant shall file with the City Engineer a statement from the water purveyor
indicat' that the water system will be operated by the rveyor and that under normal operating
conditions, the system will meet the requirements for ti.:. ,and division, and that water service will
be provided to each parcel.
Public Workj
Materials Engineering Division • Geology Review
65. The final map must be approved by the Geology and Soils Section to assure that all
geologic factors have been properly evaluated.
THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO GRANTING A GRADING
PERMIT FOR ROAD RECONSTRUCTION AND EXTENSION ON PINE TREE LANE:
Planning
66. The construction materials to be used for the roadway shall be approved by the
Rolling Hills Community Association.
Fire Department
67. All required fire hydrants shall be installed, tested and accepted prior to the
reconstruction of Pine Tree Lane. Vehicular access must be provided and maintained serviceable
throughout construction.
68. All existing fire hydrants on Pine Tree Lane shall be retrofitted to comply with
conditions (a) and (b) Fire Department requirements above.
69. All hydrants shall be installed in conformance with Title 20, Los Angeles County
Government Code or appropriate City regulations. This shall include minimum six-inch diameter
mains. Arrangements to meet these requirements must be made with the water purveyor serving
the area.
• * .
THE FOLLOWING CONDITIONS SHALL ` BE COMPLETED FOLLOWING THE
RECONSTRUCTION OF PINE TREE LANE:
Planning
70. All existing driveways on Pine Tree Lane shall be reviewed by City Manager and
Traffic Engineer to determine and approve appropriate sight distances following the roadway
modification.
...
THE FOLLOWING CONDITIONS SHALL BE COMPLETED PRIOR TO ISSUANCE OF
BUILDING PERMITS:
Planning
71. All previous conditions of this approval shall be complied with to the satisfaction of
the City.
72. No building or grading permits shall be issued for construction until Site Plan Review
approval has been granted by the Planning Commission for the construction of single family
residences on the proposed parcels.
73. Any new driveway approaches on Pine Tree Lane or on the new cul-de-sac shall be
submitted to and approved by the Traffic Commission.
74. No septic tanks or other similar structures, except boundary fences, shall be
constructed within 150 feet of the centerline of the intermittent blue line stream at the western and
northern portions of Parcel 2 and the northern and eastern portions of Parcel 1.
Resolution No. 733 -11-
A biological assessment for eu.h lot in the subdivision shall be prepared by a Ci v
appro,-••d qualified biologist prior to commencemer' 1 project grading and construction. The
biolo, . 1 assessment shall include a description of : .gmficant plant and animal life on the lot
along with recommendations for preservation, mitigation or relocation of such resources. The
developer shall incur the cost for preparation of the biological assessment and shall comply with
mitigation measures recommended in the biological assessment as approved by the City.
76. Pine Tree Lane shall be kept open for vehicular access at all times during future
grading and construction for each lot of the subdivision.
77. In the event that subsurface material of an archaeological, paleontological or other
cultural resource is encountered during project grading or development, all grading and
construction shall cease in the immediate area, and the find shall be left untouched until a qualified
professional archaeologist or paleontologist, whichever is appropriate, is contacted and called in
to evaluate the find and makes recommendations as to disposition, mitigation or salvage. The
developer shall incur the cost of such professional investigation. The developer shall comply with
the mitigation measures recommended and approved by the City for the disposition, mitigation or
salvage of such material.
78. The applicants shall obtain a "will serve" letter from the California Water Service.
Domestic water will be supplied to the subject property.
79. If, because of future grading, or for any other reason, it is found that the
requirements of the Plumbing Code cannot be met on any of the proposed lots, the Department
of Health Services will recommend that no building permit be issued for the construction of homes
on such parcels.
Health Department
80. A private sewage disposal system shall be designed in compliance with the Los
Angeles County Health Codes and Building and Safety Codes. •
•
81. Approval of the method of sewage disposal is contingent upon the approval.by the
California Regional Water Quality Control Board, Los Angeles Region.
82. The size of the dwelling may be limited by the size of the private sewage disposal
system that can legally be installed in each lot.
City Engineer/Superintendent of Streets
Land Development Division - Drainage and Grading
83. Grading and development plans shall include:
a. Methods to eliminate sheet overflow in order to protect the parcels from high
velocity scouring action;
b. Provision for contributory drainage from adjoining properties; and
c. Provision for the proper distribution of drainage beyond the proposed
subdivision.
84. The grading plan shall utilize land form or contour grading techniques in its design
so as to create slopes that blend with the natural horizontal and vertical contours of the existing
terrain and in no case shall cut and fill slopes be steeper than the City of Rolling Hills standard
of 2 to 1 slope ratio.
85. The State Department of Fish and Game shall be notified prior to commencement
of work within any natural drainage course.
Fire Department
86. All proposed residences shall be constructed with an approved automatic sprinkler
system.
87. The building pad areas shall be capable of providing parking for excess vehicles.
Resolution No. 733 -12-
R. All required fire hydrants shall be installer' tested and accepted prior to construction.
Vehic . access must be provided and maintained st,,, eable throughout construction.
89. Fire department access shall be extended to within 150 feet distance of any portion
of structure to be built.
90. Access shall comply with Section 10.207 of the Fire Code which requires all weather
access. All weather access may require paving.
91. Where driveways extend further than 300 feet and are of single access design,
turnarounds suitable for fire protection equipment use shall be provided and shown on the site plan
for the proposed residential structure. Turnarounds shall be designed, constructed and maintained
to insure their integrity for Fire Department use. Where topography dictates, turnarounds shall
be provided for driveways which extend over 150 feet.
92. The private driveways shall be indicated on the final map as "Fire Lane" and shall
be maintained in accordance with the Los Angeles County Fire Code.
93. Additional fire protection systems shall be installed in lieu of suitable access and/or
fire protection water.
Materials Engineering Division - Geology Review
94. All geologic hazards associated with this proposed development must be eliminated
or be delineated as restricted use areas, approved by the consultant geologist, to the satisfaction
of the Geology and Soils Section, and dedicate to the City the right to prohibit the erection of
buildings or other structures within the restricted use areas.
95. A geology and soils engineering report shall be required prior to approval of building
or grading plans.
.. •
THE FOLLOWING CONDITIONS SHALL BE COMPLETED IN CONJUNCTION WITH
FINAL BUILDING CONSTRUCTION:
96. Repair any broken or damaged pavement on streets within or abutting the
subdivision.
97. Postal delivery receptacles shall be located and installed in groups to serve two or
more residential units.
Fire Department
98. Provide City, Fire Department and Rolling Hills Community Association approved
street signs and building address numbers prior to occupancy.
99. Conditions 1 through 29 shall be met prior to the stamping of the tentative map for
condition compliance.
100. Conditions 30 through 65 shall be completed prior to or in conjunction with
recordation of the final map of any phase.
101. Conditions 66 through 68 shall be completed prior to granting a grading permit for
road reconstruction and extension of Pine Tree Lane.
102. Condition 70 shall be completed following the reconstruction and extension of Pine
Tree Lane.
103. Conditions 71 through 95 shall be completed prior to issuance of building permits.
104. Conditions 96 through 98 shall be completed in conjunction with final building
construction.
Resolution No. 733 -13-
•. 'PROVED AND ADOPTED THIS 28TH L..t' OF MARCH, 1994.
BY:
.,
JOD';�1 I. DOC MAYOR
ATTEST:
MARILYN L FERN, DEPUTY CITY CLERK
The foregoing Resolution No. 733 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL FOR TENTATIVE
PARCEL MAP NO. 21486, SUBDIVISION NO. 84, A REQUEST TO
SUBDIVIDE A 6.07 ACRE EXISTING LOT THAT HAS ONE
RESIDENTIAL UNIT INTO 2 SINGLE-FAMILY RESIDENTIAL
LOTS FRONTING THE NORTHERN TERMINUS OF PINE TREE
LANE IN ZONING CASE NO. 450.
was approved and adopted, at a regular meeting of the City Council on March 28, 1994 by the
following roll call vote:
AYES: Councilmembers Swanson and Pernell, Mayor Murdock
NOES: None
ABSENT: Councilmember Heinsheirner and Mayor Pro Ter: Leeuwenburgh
ABSTAIN: None
•. im , J
DEPUTY TY CLERK
RC`��1, 1•��"1'1 \r. 711