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548, Retore trail to its original c, Resolutions & Approval ConditionsRESOLUTION NO. 97-4 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A REQUEST FOR MODIFICATIONS TO AN APPROVED SITE PLAN REVIEW APPLICATION TO ALLOW INCREASED GRADING FOR THE CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENTIAL DEVELOPMENT IN ZONING CASE NO. 548. THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application was duly filed on December 5, 1996 by Mr. John Z. Blazevich with respect to real property at 1 Buggy Whip Drive (Lot 176-A-MS and a portion of Lot 176-MS) requesting a modification to an approved Site Plan Review application to increase grading for a project that involves the construction of a single family residence, garages, guest house, pool, tennis court, and stable. At the same time, another application was duly filed requesting a modification to an approved Conditional Use Permit to allow the relocation of a tennis court from a specified location on the surface of the project site into a basement beneath garages and storage areas. These applications were made after it came to light that a basement to be used as a tennis court had been excavated without City and County approvals. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the December 5, 1996 applications on December 17, 1996 and February 11, 1997, and at a field trip visit on February 8, 1997. Section 3. The applicant was notified of the public hearing in writing by first class mail and through the City's newsletter. Evidence was heard and presented from all persons interested in affecting said proposal, from all persons protesting the same, and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. Concerns expressed by Commissioners, residents and the applicant focused on the excavation that took place without City and County approvals, the height of the building pad, the height of the residence and the pitch of the roof, remediation of a drainage course and the instability of a supporting "key" to the existing building pad which was previously undetected, and the impairment of views caused by the premature planting of large trees on the subject site. The Planning Commission approved the application to allow the relocation of a tennis court from a specified location on the surface of the project site into a basement beneath garages and storage areas pursuant to Resolution No. 97-3. Section 4. On February 14, .1995, the City Council approved the first site plan for the property and a Conditional Use Permit for a tennis court by Resolution No. 754 in Zoning Case No. 505A. This followed the Planning Commission's RESOLUTION NO. 97-4 PAGE 1 OF 9 approval of that first project by Resolution No. 94-21 in Zoning Case No. 505A on November 22, 1994. Section 5. On October 17, 1995, the Planning Commission approved a request for modifications to the approved Site Plan Review application by Resolution No. 95-14 in Zoning Case No. 533 for the construction of a new single family residence, tennis court and other improvements to replace an existing single family residence and tennis court. Section 6. On May 21, 1996, the Planning Commission adopted Resolution No. 96-10 in Zoning Case No. 539 approving a Conditional Use Permit for the construction of a guesthouse and approving the addition of the same guest house to a previously approved Site Plan Review application for the construction of a new single family residential development. Section 7. The Los Angeles County Department of Building and Safety notified the City that a revised grading plan submitted on October 26, 1996 had been submitted by the applicant that showed substantial amounts of additional grading. The Grading Plan Checker for the County reported that the original grading plan had been checked and approved for both grading and drainage and that there was now a disparity in grading volumes because of the addition of two substantial basements; one beneath the residence and one beneath garages and storage areas. At the construction site, the basement to be used as a tennis court had been excavated without City and County approvals and the soil displaced therefrom had been used to stabilize a "key" in a slope and to correct erosion in a drainage course. Section 8. A mitigated Negative Declaration for the original project was prepared in accordance with the California Environmental Quality Act and adopted by the Planning Commission on November 22, 1994. The Planning Commission finds that the project as modified subsequently and as presented by this application is within the scope of the previously adopted Negative Declaration. The Planning Commission further finds that the project as modified will not have any new or substantlally greater environmental impacts than considered in the original Negative Declaration. Section 9. 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. 96-10 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 relocating a tennis court to a basement beneath RESOLUTION NO. 97-4 PAGE 2 OF 9 garages and storage areas and requesting to modify the approved Site Plan to increase grading on the site to repair drainage facilities. The applicant's latest proposal submitted on December 5, 1996, includes additional grading of 7,705 cubic yards of cut soil and 7,705 cubic yards of fill soil for a total of 15,345 cubic yards of cut soil and 15,345 cubic yards of fill soil. With respect to this request, the Planning Commission makes the following findings of fact: 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 277,844 square feet (7.43 acres). The residence (9,333 sq.ft.), attached garage (2,265 sq.ft.), swimming pool (1,310 sq. ft.), tennis court (7,060 sq.ft.), stable (450 sq.ft.), service yard (96 sq.ft.); and guest house (800 sq.ft.) will have 21,314 square feet which constitutes 7.67% of the lot which is within the maximum 20% structural lot coverage requirement. The total lot coverage including paved areas and driveway will be 38,372 square feet which equals 13.81% 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 86,205 square feet and structural coverage on the building pad is 24.73%. B. The development, as modified, 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). Portions of the grading will improve and repair the condition of an eroded drainage course and help to stabilize a graded "key" in the existing building pad. C. The development plan follows natural contours of the site to minimize grading and the natural drainage courses will continue to the eastern canyon at the rear of the lot. The additional grading quantities do not cause substantial modification to land forms because a portion of displaced soil will be used to correct eroded drainage facilities and is offset by the fact that graded areas will be compacted to a higher compaction level than existing soil conditions. D. The development plan incorporates existing large trees and native vegetation to the maximum extent feasible and, as reconditioned, supplements it with landscaping that is compatible with and enhances the rural character of the community. E. The development plan substantially preserves the natural and undeveloped state of the lot by minimizing building coverage because the new RESOLUTION NO. 97-4 PAGE 3 OF 9 N N structures will not cause the structural and total lot coverage to be exceeded. Significant portions of the lot will be left undeveloped so as to minimize the impact of development. Further, the proposed project will have a buildable pad coverage of 24.73%. 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 very large lot. Grading was done to repair eroded drainage facilities and to restore the natural slope of the property and to stabilize a graded "key" in an existing previously graded slope. The ratio of the proposed structure to lot size is similar to the ratio found on several properties in the vicinity. G. The proposed development is sensitive to and not detrimental to the convenience and safety of circulation of pedestrians and vehicles because the proposed project will utilize Buggy Whip Drive for access and has been conditioned to provide adequate sight distance between the driveway and approaching vehicles along Buggy Whip Drive. H. The project will not have a significant effect on the environment and the Planning Commission adopted a mitigated Negative Declaration in accordance with the California Environmental Quality Act. Section 10. Based upon the foregoing findings, the Planning Commission hereby approves a modification to an approved Site Plan Review application to allow the existing increased grading on the site for a single family residence, garages, guest house, pool, tennis court, and stable. The modifications are shown on the Development Plan and marked Exhibit A in Zoning Case No. 548. These approved modifications are subject to the conditions contained in Section 10 of this Resolution. Section 11. The modification to permit the existing increased grading from the amount previously approved in the Site Plan Review application, that is approved in Section 9, as indicated on the Development Plan attached hereto and incorporated herein as Exhibit A in Zoning Case No. 548, is 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. 96-10 on May 21, 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. 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). RESOLUTION NO. 97-4 PAGE 4 OF 9 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, the Permit 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 Building and Construction Ordinance, the Zoning Ordinance, and of the zone in which the subject property is located must be complied with unless otherwise approved by Variance. D. The lot shall be developed and maintained in substantial conformance with the site plan on file marked Exhibit A in Zoning Case No. 548 dated January 15, 1997, except as otherwise provided in these conditions. E. The property on which the project is located shall contain an area of sufficient size to also provide an area meeting all standards for a stable and corral with vehicular access thereto. F. Structural lot coverage shall not exceed 21,314 square feet or 7.67% and total lot coverage of structures and paved areas shall not exceed 38,372 square feet or 13.81%. G. Total grading for this project, including all other approvals for this property, shall not exceed 15,345 cubic yards of cut soil and 15,345 cubic yards of fill soil. H. The tennis court that was previously approved shall not be constructed above ground, the site plan for the project shall be revised to show its deletion from the approved plan, and the former location shall be appropriately landscaped in conformance with Conditions 0 and P. I. The previously graded area planned for the above ground tennis court shall be restored to its natural terrain. J. Maximum disturbed area shall not exceed 39.8%. K. The elevation of the previously graded residential building pad shall be restored and shall not exceed 1,089 feet. L. The roof pitch of the residence shall not exceed 3.5 to 1. M. Prior to the submittal of an applicable final grading plan to the County of Los Angeles for plan check, an Agreement between the applicant and the City of Rolling Hills to prohibit tennis court use of the basement located beneath the garages and storage areas shall be recorded, or the approval shall not be effective. RESOLUTION NO. 97-4 PAGE 5 OF 9 N. Any grading shall preserve the existing topography, flora, and natural features to the greatest extent possible. O. A new 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 pursuant to the landscaping plan as approved, and that such landscaping is properly established and in good condition. P. Landscaping shall be designed so as not to obstruct views of neighboring properties but, to obscure proposed structures. Q• point. All retaining walls shall not be greater than five feet in height at any R. Noise from tennis court use shall not create a nuisance to owners of surrounding properties. S. No kitchen or other cooking facilities shall be provided within the new guest house. T. No vehicular access or paved parking area shall be developed within 50 feet of the new guest house. U. Occupancy of the new guest house shall be limited to persons employed on the premises and their immediate family or by the temporary guest of the occupants of the main residence. No guest may remain in occupancy for more than 30 days in any six month period. V. Renting of the new guest house is prohibited. W . Building permits shall be obtained for each structure including residence, attached garage, pool, stable, retaining walls, tennis court, and guest house. RESOLUTION NO. 97-4 PAGE 6 OF 9 X. There shall be only a single driveway access to Buggy Whip Drive which shall be located so that its southerly edge is 43 feet north of the southerly property line on Buggy Whip Drive. Y. The driveway apron shall be 26 feet in width for at least 24 feet inward from Buggy Whip Drive. Z. The driveway shall not be less than 16 feet nor more than 20 feet in width. The driveway leading from the roadway shall be revised to reflect the driveway configuration within the front yard setback shown on the site plan dated February 14, 1995. AA. The trees within the driveway access area along Buggy Whip Drive shall be trimmed and maintained to accommodate sight distance for ingress and egress to the property. BB. During the construction phase, the currently configured driveway entrance near the southerly boundary may be utilized. CC. The modifications to the driveway described in Conditions X, Y, Z, and AA shall be implemented within six months of the approval of this resolution. DD. 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. EE. At the completion of grading for the project, an "as built" grading plan stamped by a Certified Civil Engineer shall be prepared that conforms to the development plan as approved by the Planning Commission that includes a residential building pad height of 1,089 feet and shall be submitted to the Rolling Hills Planning Department staff for their review. FF. 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. GG. The working drawings submitted to the County Department of Building and Safety for plan check review must conform to the development plan described in Condition A. RESOLUTION NO. 97-4 PAGE 7 OF 9 N 011 HH. The applicant 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. II. 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. JJ. Further subdivision of the property shall not be permitted. KK During the construction phase, the existing guest house that encroaches into the front yard setback may be used as a construction workroom. However, the existing guest house along with the existing driveway that parallels Buggy Whip Drive shall be demolished and all related debris removed prior to final inspection of the newly constructed residential structure by the County Department of Building and Safety and the Rolling Hills Planning Department. LL. Notwithstanding Section 17.46.070 of the Rolling Hills Municipal Code, any modifications to the project which would constitute additional structural development shall require the filing of a new application for Site Plan Review approval by the Planning Commission. MM. All conditions of these Site Plan Review and Conditional Use Permit approvals must be complied with prior to the issuance of a building or grading permit from the County of Los Angeles, except as otherwise indicated. PASSED, APPROVED AND ADOPTED ON THE'11TH'QAX FEBRUARY, 1997. ALLAN ROBERTS, CHAIRMAN ATTEST: Y� . K MArRILYn�I�Qk:ERN, DEPUTY CITY CLERK RESOLUTION NO. 97-4 PAGE 8 OF 9 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) §§ I certify that the foregoing Resolution No. 97-4 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A REQUEST FOR MODIFICATIONS TO AN APPROVED SITE PLAN REVIEW APPLICATION TO, ALLOW INCREASED GRADING FOR THE CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENTIAL DEVELOPMENT IN ZONING CASE NO. 548. was approved and adopted at a regular meeting of the Planning Commission on February 11, 1997 by the following roll call vote: AYES: Commissioners Hankins, Margeta, Witte and Chairman Roberts. NOES: Commissioner Sommer. ABSENT: None. ABSTAIN: None . and in compliance with the laws of California was posted at the following: Administrative Offices MARILYN KE N, EPUTY CITY CLERK RESOLUTION NO. 97-4 PAGE 9 OF 9 RESOLUTION NO. 97-3 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A REQUEST FOR MODIFICATIONS TO AN APPROVED CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A SUBTERRANEAN TENNIS COURT IN ZONING CASE NO. 548. THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application was duly filed on December 5, 1996 by Mr. John Z. Blazevich with respect to real property at 1 Buggy Whip Drive (Lot 176-A-MS and a portion of Lot 176-MS) requesting a modification to an approved Conditional Use Permit to allow the relocation of a tennis court from a specified location on the surface of the project site into a basement beneath garages and storage areas. At the same time, another application was duly filed requesting a modification to an approved Site Plan Review application to increase grading for a project that involves the construction of a single family residence, garages, guest house, pool, tennis court, and stable. These applications were made after it came to light that a basement to be used as a tennis court had been excavated without City and County approvals. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the December 5, 1996 applications on December 17, 1996 and February 11, 1997, and at a field trip visit on February 8, 1997. Section 3. The applicant was notified of the public hearing in writing by first class mail and through the City's newsletter. Evidence was heard and presented from all persons interested in affecting said proposal, from all persons protesting the same, and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. Concerns expressed by Commissioners, residents and the applicant focused on the excavation that took place without City and County approvals, the height of the building pad, the height of the residence and the pitch of the roof, remediation of a drainage course and the instability of a supporting "key" to the existing building pad which was previously undetected, and the impairment of views caused by the premature planting of large trees on the subject site. Section 4. On February 14, 1995, the City Council approved the first site plan for the property and a Conditional Use Permit for a tennis court by Resolution No. 754 in Zoning Case No. 505A. This followed the Planning Commission's approval of that first project by Resolution No. 94-21 in Zoning Case No. 505A on November 22, 1994. RESOLUTION NO. 97-3 PAGE 1 OF 5 •• N Section 5. On October 17, 1995, the Planning Commission approved a request for modifications to the approved Site Plan Review application by Resolution No. 95-14 in Zoning Case No. 533 for the construction of a new single family residence, tennis court and other improvements to replace an existing single family residence and tennis court. Section 6. On May 21, 1996, the Planning Commission adopted Resolution No. 96-10 in Zoning Case No. 539 approving a Conditional Use Permit for the construction of a guest house and approving the addition of the same guest house to a previously approved Site Plan Review application for the construction of a new single family residential development. Section 7. The Los Angeles County Department of Building and Safety notified the City that a revised grading plan submitted on October 26, 1996 had been submitted by the applicant that showed substantial amounts of additional grading. The Grading Plan Checker for the County reported that the original grading plan had been checked and approved for both grading and drainage and that there was now a disparity in grading volumes because of the addition of two substantial basements; one beneath the residence and one beneath garages and storage areas. At the construction site, the basement to be used as a tennis court had been excavated without City and County approvals and the soil displaced therefrom had been used to stabilize a "key" in a slope and to correct erosion in a drainage course. Section 8. A mitigated Negative Declaration for the original project was prepared in accordance with the California Environmental Quality Act and adopted by the Planning Commission on November 22, 1994. The Planning Commission finds that the project as modified subsequently and as presented by this application is within the scope of the previously adopted Negative Declaration. The Planning Commission further finds that the project as modified will not have any new or substantlally greater environmental impacts than considered in the original Negative Declaration. Section 9. With respect to the request to approve a modification to the Conditional Use Permit for a tennis court to allow the tennis court to be relocated from an approved at -grade location into a basement, the Planning Commission makes the following findings: A. The granting of the requested modification of a Conditional Use Permit for 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 placement of recreational facilities underground is consistent with similar recreational uses in the community and the court will be located in an area of the property where such use will not be intrusive to surrounding properties. RESOLUTION NO. 97-3 PAGE 2 OF 5 B. The granting of the requested modification would be consistent with the purposes and objectives of the Zoning Ordinance and General Plan because the placement of recreational facilities underground will comply with the low profile residential development pattern of the community and will be located on a 7.43 acre parcel of property that is adequate in size, shape and topography to accommodate such use. C. The granting of the requested modification would be consistent with the purposes and objectives of the Zoning Ordinance and General Plan because the tennis court will not impact the view or the privacy of neighbors. The tennis court will be underground and there will not be any issues related to noise, lights, or glare that could intrude upon surrounding properties. The Planning Commission further finds that the basement into which the tennis court will be located has already been excavated, that the City's existing Code provisions do not preclude a basement at that location or preclude the depth of the basement. Consequently, if there is to be a basement of that size under the existing standards, the placement of the tennis court underground rather than above ground would be the best use of those existing conditions. Section 10. Based upon the foregoing findings, the Planning Commission hereby approves the request for a modification to a Conditional Use Permit in Zoning Case No. 548 to allow the proposed 7,060 square foot tennis court to be located within a basement, as shown on the Development Plan dated December 5, 1996 and marked Exhibit A, subject to the following conditions: A. The Conditional Use Permit and Site Plan Review approvals shall expire within one year from the effective date of approval as defined in Section 17.42.070(A). B. It is declared and made a condition of the Conditional Use Permit approval that if any conditions thereof are violated the Permit 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 Building and Construction Ordinance, the Zoning Ordinance, and of the zone in which the subject property is located must be complied with unless otherwise approved by Variance. D. The lot shall be developed and maintained in substantial conformance with the site plan on file marked Exhibit A dated December 5, 1996 except as otherwise provided in these conditions. The excavation for the underground tennis court shall not exceed 3,000 cubic yards of soil and shall be limited in floor size to 7,800 square feet. RESOLUTION NO. 97-3 PAGE 3 OF 5 E. The basement and underground tennis court shall have one standard door opening not to exceed three feet by six feet, eight inches for ingress/egress to the exterior. The accessway to the door opening shall not exceed four feet in width and shall be incorporated into the overall design of the building but shall not have any other exterior openings, sun lights or similar devices. F. The tennis court that was previously approved shall not be constructed above ground, the site plan for the project shall be revised to show its deletion from the approved plan, and the former location shall be appropriately landscaped in conformance with the conditions of the current Site Plan Review approval. PASSED, APPROVED AND ADOPTED ON THE 11TH DAY OF FEBRUARY, 1997. ALLAN ROBERTS, CHAIRMAN ATTEST: MARILYN K RN, DEPUTY CITY CLERK RESOLUTION NO. 97-3 PAGE 4 OF 5 N STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) §§ I certify that the foregoing Resolution No. 97-3 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A REQUEST FOR MODIFICATIONS TO AN APPROVED CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A SUBTERRANEAN TENNIS COURT IN ZONING CASE NO. 548. was approved and adopted at a regular meeting of the Planning Commission on February 11, 1997 by the following roll call vote: Commissioners Hankins, Margeta, Witte and Chairman Roberts. AYES: NOES: Commissioner Sommer. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices MARILYN KERN, DEPUTY CITY CLERK RESOLUTION NO. 97-3 PAGE 5 OF 5 RESOLUTION NO. 809 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS GRANTING A REQUEST FOR MODIFICATIONS TO AN APPROVED. CONDITIONAL USE PERMIT TO ALLOW FOR THE CONSTRUCTION OF A SUBTERRANEAN TENNIS COURT AND APPROVING A REQUEST FOR MODIFICATIONS TO A N APPROVED SITE PLAN REVIEW APPLICATION TO ALLOW INCREASED GRADING FOR THE CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENTIAL DEVELOPMENT IN ZONING CASE NO. 548. THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. Applications were duly filed on December 5, 1996 by Mr. John Z. Blazevich with respect to real property at 1 Buggy Whip Drive (Lot 176-A-MS and a portion of Lot 176-MS) requesting a modification to an approved Conditional Use Permit to allow the relocation of a tennis court from a specified location on the surface of the project site into a basement beneath garages and storage areas and requesting a modification to an approved Site Plan Review application to increase grading for a project that involves the construction of a single family residence, garages, guest house, pool, tennis court, and stable. These applications were made after it came to light that a basement to be used as a tennis court had been excavated without City and County approvals. Section 2. The Planning Commission approved the December 5, 1997 applications by Resolution Nos. 97-3 and 97-4 in Zoning Case No. 548 on February 11, 1997. Concerns expressed by Commissioners, residents and the applicant focused on the excavation that took place without City and County approvals, the height of the building pad, the height of the residence and the pitch of the roof, remediation of a drainage course and the instability of a supporting "key" to the existing building pad which was previously undetected, and the impairment of views caused by the premature planting of large redwood trees on the subject site. Section 3. The City Council took jurisdiction of the case at their meeting on February 24, 1997 because of the size of the project. The Council conducted a duly noticed public hearing to consider the December 5, 1996 applications on March 10, 1997, March 24, 1997, and April 14, 1997, and at a field trip visit on March 24, 1997. Section 4. The applicant was notified of the public hearing in writing by first class mail and through the City's newsletter. Evidence was heard and presented from all persons interested in affecting said proposal, from all persons protesting the same, and from members of the City staff and the City Council having reviewed, analyzed and studied said proposal. Concerns expressed by Councilmembers, residents and the applicant focused on the excavation that took place without City and County approvals, the disruption to the property and the neighbors, the height of the building pad, the height of the residence and the pitch of the roof, remediation of a drainage course and the instability of a supporting "key" to the existing building pad which was previously undetected, and the impairment of views caused by the premature planting of large redwood trees on the subject site. Section 5. On February 14, 1995, the City Council approved the first site plan for the property and a Conditional Use Permit for a tennis court by Resolution No. 754 in Zoning Case No. 505A. This followed the Planning Commission's approval of that first project by Resolution No. 94-21 in Zoning Case No. 505A on November 22, 1994. Section 6. On October 17, 1995, the Planning Commission approved a request for modifications to the approved Site Plan Review application by Resolution No. 95-14 in Zoning Case No. 533 for the construction of a new single Resolution No. 809 -1- family residence, tennis court and other improvements to replace an existing single family residence and tennis court. The modified plan included above ground garages that were formerly proposed as semisubterranean garage space. Section 7. On May 21, 1996, the Planning Commission adopted Resolution No. 96-10 in Zoning Case No. 539 approving a Conditional Use Permit for the construction of a guest house and approving the addition of the same guest house to a previously approved Site Plan Review application for the construction of a new single family residential development. Section 8. The Los Angeles County Department of Building and Safety notified the City that a revised grading plan submitted on October 26, 1996 had been submitted by the applicant that showed substantial amounts of additional grading. The Grading Plan Checker for the County reported that the original grading plan had been checked and approved for both grading and drainage and that there was now a disparity in grading volumes because of the addition of two substantial basements; one beneath the residence and one beneath garages and storage areas. At the construction site, the basement to be used as a tennis court had been excavated without City and County approvals and the soil displaced therefrom had been used to stabilize a "key" in a slope and to correct erosion in a drainage course. Section 9. A mitigated Negative Declaration for the original project was prepared in accordance with the California Environmental Quality Act and adopted by the Planning Commission on November 22, 1994. The City Council concurs with the Planning Commission's finding that the project as modified subsequently and as presented by this application is within the scope of the previously adopted Negative Declaration. The City Council further finds that the project as modified will not have any new or substantially greater environmental impacts than considered in the original Negative Declaration. Section 10. With respect to the request to approve a modification to the Conditional Use Permit for a tennis court to allow the tennis court to be relocated from an approved at -grade location into a basement, the City Council makes the following findings: A. The granting of the requested modification of a Conditional Use Permit for 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 placement of this recreational facility underground will reduce the amount of structures covering the lot and will help to reduce the impacts of a tennis court, in terms of noise and aesthetics on surrounding neighbors. B. The granting of the requested modification would be consistent with the purposes and objectives of the Zoning Ordinance and General Plan because the placement of this recreational facility underground will comply with the low profile residential development pattern of the community and will be located on a 7.43 acre parcel of property that is adequate in size, shape and topography to accommodate such use. C. The granting of the requested modification would be consistent with the purposes and objectives of the Zoning Ordinance and General Plan because the tennis court will not impact the view or the privacy of neighbors. The tennis court will be underground and there will not be any issues related to noise, lights, or glare that could intrude upon surrounding properties. The Planning Commission further finds that the basement into which the tennis court will be located has already been excavated, that the City's existing Code provisions do not preclude a basement at that location or preclude the depth of the basement. Consequently, if there is to be a basement of that size under the existing standards, the placement of the tennis court underground rather than above ground would be the best use of those existing conditions. P De n1llfl nn Nn R(1Q Section 11. Based upon the foregoing findings, the City Council hereby approves the request for a modification to a Conditional Use Permit in Zoning Case No. 548 to allow the proposed 7,060 square foot tennis court to be located within a basement, as shown on the Development. Plan dated December 5, 1996 and marked Exhibit A. These approved modifications are subject to the conditions contained in Section 14 of this Resolution. Section 12. 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. 96-10 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 relocating a tennis court to a basement beneath garages and storage areas and requesting to modify the approved Site Plan to increase grading on the site to repair drainage facilities. The applicant's latest proposal submitted on December 5, 1996, includes additional grading of 7,705 cubic yards of cut soil and 7,705 cubic yards of fill soil for a total of 15,345 cubic yards of cut soil and 15,345 cubic yards of fill soil. With respect to this request, the Planning Commission makes the following findings of fact: 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 277,844 square feet (7.43 acres). The residence (9,333 sq.ft.), attached garage (2,265 sq.ft.), swimming pool (1,310 sq. ft.), subterranean tennis court (7,060 sq.ft.), stable (450 sq.ft.), service yard (96 sq.ft.); and guest house (800 sq.ft.) will have 21,314 square feet which constitutes 7.67% of the lot which is within the maximum 20% structural lot coverage requirement. The total lot coverage including paved areas and driveway will be 38,372 square feet which equals 13.81% 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 86,205 square feet and structural coverage on the building pad is 24.73%. B. The development, as modified, 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). Portions of the grading will improve and repair the condition of an eroded drainage course and help to stabilize a graded "key" in the existing building pad. C. The development plan follows natural contours of the site to minimize grading and the natural drainage courses will continue to the eastern canyon at the rear of the lot. The additional grading quantities do not cause substantial modification to land forms because a portion of displaced soil will be used to correct eroded drainage facilities and is offset by the fact that graded areas will be compacted to a higher compaction level than existing soil conditions. D. The development plan incorporates existing large trees and native vegetation to the maximum extent feasible and, as reconditioned, supplements it with landscaping that is compatible with and enhances the rural character of the community. Resolution No. 809 - 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. Significant portions of the lot will be left undeveloped so as to minimize the impact of development. Further, the proposed project will have a buildable pad coverage of 24.73%. 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 very large lot. Grading was done to repair eroded drainage facilities and to restore the natural slope of the property and to stabilize a graded "key" in an existing previously graded slope. The ratio of the proposed structure to lot size is similar to the ratio found on several properties in the vicinity. G. The proposed development is sensitive to and not detrimental to the convenience and safety of circulation of pedestrians and vehicles because the proposed project will utilize Buggy Whip Drive for access and has been conditioned to provide adequate sight distance between the driveway and approaching vehicles along Buggy Whip Drive. H. The project will not have a significant effect on the environment and the City previously adopted a mitigated Negative Declaration in accordance with the California Environmental Quality Act. Section 13. Based upon the foregoing findings, the Planning Commission hereby approves a modification to an approved Site Plan Review application to allow the relocation of a tennis court from a specified location on the surface of the project site into a basement beneath garages and storage areas and to allow existing increased grading on the site for a single family residence, garages, guest house, pool, tennis court, and stable. The modifications are shown on the Development Plan and marked Exhibit A in Zoning Case No. 548. These approved modifications are subject to the conditions contained in Section 14 of this Resolution. Section 14. The modification to an approved Conditional Use Permit in Zoning Case No. 548 to allow the proposed 7,060 square foot tennis court to be located within a basement and a modification to permit the existing increased grading from the amount previously approved in the Site Plan Review application that are approved in Sections 11 and 13, as indicated on the Development Plan attached hereto and incorporated herein as Exhibit A in Zoning Case No. 548, 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. 96-10 on May 21, 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. 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, the Permit 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. Resolution No. 809 -4- 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 approved, by Variance. D. The lot shall be developed and maintained in substantial conformance with the site plan on file marked Exhibit A in Zoning Case No. 548 dated January 15, 1997, except as otherwise provided in these conditions. E. The property on which the project is located shall contain an area of sufficient size to also provide an area meeting all standards for a stable and corral with vehicular access thereto. F. Structural lot coverage shall not exceed 21,314 square feet or 7.67% and total lot coverage of structures and paved areas shall not exceed 38,372 square feet or 13.81%. G. Total grading for this project, including all other approvals for this property, shall not exceed 15,345 cubic yards of cut soil and 15,345 cubic yards of fill soil. H. Maximum disturbed area of the lot shall not exceed 39.8% of the net lot area. I. The tennis court that was previously approved shall not be constructed above ground, the site plan for the project shall be revised to show its deletion from the approved plan, and the former location shall be appropriately landscaped in conformance with Conditions U, V, and W. J. The previously graded area planned for the above ground tennis court shall be restored to the natural terrain. K. The excavation for the underground tennis court shall not exceed 3,000 cubic yards of soil and shall be limited in floor size to 7,800 square feet. L. The basement and underground tennis court shall have one standard door opening not to exceed three feet by six feet, eight inches for ingress/egress to the exterior. The accessway to the door opening shall not exceed four feet in width and shall be incorporated into the overall design of the building but shall not have any other exterior openings, sun lights or similar devices. Two exits, one interior and one exterior, shall be required for the basement and the tennis court facility as required by County Building and Safety regulations. M. The air exchange unit for the underground tennis court shall be located within the tennis court facility to minimize noise. N. The elevation of the previously graded residential building pad shall be restored and shall not exceed 1,089 feet. O. The applicant shall fund an independent engineering verification of the pad height following the completion of grading if deemed necessary by the City Manager. P. The northwest corner of the residential building pad near Buggy Whip Drive shall be scaled back so as to provide a clear view to the sky by a six foot tall person standing at the edge of the paved roadway below the corner of the building pad and shall not show the terraced or increased height of the building pad. Q. The roof pitch of the residence shall not exceed 3 to 1. R. The height of the residence shall not exceed 21. feet (1,110 foot elevation). Resolution No. 809 S. 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 shall not exceed a steepness of a 2 to 1 slope ratio. T. Any grading shall preserve the existing topography, flora, and natural features to the greatest extent possible. U. All redwood trees planted by the property owner except for those redwood trees that were on the premises prior to May 21, 1996 shall be removed by the applicant within six (6) months of the date. of this resolution (by October 28, 1997). Failure to remove all redwood trees shall constitute grounds for issuance of a stop work order and, ultimately, revocation of the building permit issued for the construction pursuant to this approval. V. A new landscape plan shall be submitted for review and approval by the Planning Department that shall not include any redwood trees or any other vegetation of a type or in a location that is likely to create a view obstruction. The vegetation selected in the landscape plan and any other vegetation planted on the property after the date of approval of this resolution shall consist of trees or shrubs that at maturity do not exceed a maximum height of twenty-five (25) feet as determined by staff (except for vegetation planted in an area in the canyon north of the residence where it will not obstruct any neighbor's views). All vegetation hereafter planted shall be maintained at a maximum height of twenty-five (25) feet should the vegetation exceed that maximum height. Nothing herein shall require the removal of trees existing on the property as of the date of this resolution other than the redwoods required to be removed pursuant to Condition U. Should staff determine that vegetation planted after the date hereof exceeds 25 feet in height (except for vegetation planted in an area in the canyon north of the residence where it will not obstruct any neighbor's views) and after notice to the property owner and reasonable opportunity has been given for the trees to be appropriately trimmed, the property owner hereby gives permission to the City to enter upon the property to take appropriate action to lower the height of the trees or otherwise trim the trees at the property owner's expense. Should the property owner fail to make payment after receipt of an invoice for reimbursement to the City of the cost of the work, the City is hereby authorized to place a lien on the property for collection of the tree trimming fees. W . The new landscape plan shall be designed so as not to obstruct views of neighboring properties but, to obscure proposed structures. X. The new landscape plan shall include native drought -resistant vegetation that will not disrupt the impact of the views of neighboring properties prior to and following 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. 809 -6- pursuant. to the landscaping plan as approved, and that such landscaping is properly established and in good condition. Y. All retaining walls shall not be greater than five feet in height at any point. Z. Noise from tennis court use shall not create a nuisance to owners of. surrounding properties. AA. No kitchen or other cooking facilities shall be provided within the new guest house. BB. No vehicular access or paved parking area shall be developed within 50 feet of the new guest house. CC. Occupancy of the new guest house shall be limited to persons employed on the premises and their immediate family or by the temporary guest of the occupants of the main residence. No guest may remain in occupancy for more than 30 days in any six month period. DD. Renting of the new guest house is prohibited. EE. Building permits shall be obtained for each structure including residence, attached garage, pool, stable, retaining walls, tennis court, and guest house. FF. There shall be only a single driveway access to Buggy Whip Drive which shall be located so that its southerly edge is 43 feet north of the southerly property line on Buggy Whip Drive. GG. The driveway apron shall be 26 feet in width for at least 24 feet inward from Buggy Whip Drive. HH. The driveway shall not be less than 16 feet nor more than 20 feet in width. The driveway leading from the roadway shall be revised to reflect the driveway configuration within the front yard setback shown on the site plan dated February 14,1995. 11. The trees within the driveway access area along Buggy Whip Drive shall be trimmed and maintained to accommodate sight distance for ingress and egress to the property. JJ. During the construction phase, the currently configured driveway entrance near the southerly boundary may be utilized. KK. The modifications to the driveway described in Conditions X, Y, Z, and AA shall be implemented within six months of the approval of this resolution. LL. 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. MM. At the completion of grading for the project, an "as built" grading plan stamped by a Certified Civil Engineer shall be prepared that conforms to the development plan as approved by the City Council that includes a residential building pad height of 1,089 feet and shall be submitted to the Rolling Hills Planning Department staff for their review. Resolution No. 809 -7- NN. 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. 00. The working drawings submitted to the County Department of Building and Safety for plan check review must conform to the development plan described in Condition A. PP. The applicant 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. QQ. 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. RR. Further subdivision of the property shall not be permitted. SS. During the construction phase, the existing guest house that encroaches into the front yard setback may be used as a construction workroom. However, the existing guest house along with the existing driveway that parallels Buggy Whip Drive shall be demolished and all related debris removed prior to final inspection of the newly constructed residential structure by the County Department of Building and Safety and the Rolling Hills Planning Department. TT. Notwithstanding Section 17.46.070 of the Rolling Hills Municipal Code, any modifications to the project which would constitute additional structural development shall require the filing of a new application for Site Plan Review approval by the Planning Commission. UU. All conditions of these Site Plan Review and Conditional Use Permit approvals must be complied with prior to the issuance of a building or grading permit from the County of Los Angeles, except as otherwise indicated. PASSED, APPROVED AND ADOPTED ON THE 28TH DAY APRIL, 1997. ATTEST: MARILYN 'KERN, DEPUTY CITY CLERK Resolution No. 809 -8- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 809 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS GRANTING A REQUEST FOR MODIFICATIONS TO A N APPROVED CONDITIONAL USE PERMIT TO ALLOW FOR THE CONSTRUCTION OF A SUBTERRANEAN TENNIS COURT AND APPROVING A REQUEST FOR MODIFICATIONS TO A N APPROVED SITE PLAN REVIEW APPLICATION TO ALLOW INCREASED GRADING FOR THE CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENTIAL DEVELOPMENT IN ZONING CASE NO. 548. was approved and adopted at a regular meeting of the City Council on April 28, 1997 by the following roll call vote: AYES: Councilmembers Murdock, Pernell, Mayor Pro Tem Hill and Mayor Lay. NOES: None. ABSENT: None. ABSTAIN: Heinsheimer. and in compliance with the laws of California was posted at the following: Administrative Offices Sf' • P� .f MAlat ERN, DEPUTY CITY CLERK Resolution No. 809 -9-