Loading...
914, Allowed a 2 year extention of , Resolutions & Approval Conditions• • RESOLUTION NO. 2019-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A TWO-YEAR TIME EXTENSION FOR A PREVIOUSLY APPROVED PROJECT FOR SITE PLAN REVIEW AND CONDITIONAL USE PERMIT IN ZONING CASE NO. 914, AT 11 UPPER BLACKWATER CANYON ROAD, (LOT 99- B-RH, CHOWDHURY). 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 Subir Chowdhury with respect to real property located at 11 Upper Blackwater Canyon Road requesting a two-year time extension to comply with the requirements of Planning Commission Resolution No. 2017-02 to commence construction of the approved project. Section 2. The Commission considered this item at a meeting on March 19, 2019 at which time information was presented by the applicants indicating that additional time is needed to commence construction of this project. Section 3. The Planning Commission finds that pursuant to RHMC Section 17.46.080 the expiration would constitute an undue hardship upon the property owner; and the continuation of the approval would not be materially detrimental to the health, safety and general welfare of the public. Section 4. Based upon information and evidence submitted, the Planning Commission grants two year time extension and does hereby amend Paragraph A of Section 8 of Planning Commission Resolution No. 2017-02, dated March 21, 2017 to read as follows: Section 8. A. The Site Plan and Conditional Use Permits approvals shall expire within four years from the effective date of approval as defined in Sections 17.46.080(A) and 17.42.070 of the Zoning Ordinance unless otherwise extended pursuant to the requirements of these sections. Section 4. Except as herein amended, the provisions and conditions of Resolution No. 2017-02 shall continue to be in full force and effect. PASSED, APPROVED AND ADOYI'ED THIS 19th D AD CHEiF, CI MAN ATTEST: 1 • • STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS )§ I certify that the foregoing Resolution No. 2019-05 entitled A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A TWO-YEAR TIME EXTENSION FOR A PREVIOUSLY APPROVED PROJECT FOR SITE PLAN REVIEW AND CONDITIONAL USE PERMIT IN ZONING CASE NO. 914, AT 11 UPPER BLACKWATER CANYON ROAD, (LOT 99- B-RH, CHOWDHURY). was approved and adopted at a regular meeting of the Planning Commission on March 19, 2019 by the following roll call vote: AYES: CARDENAS, COOLEY, SEABURN AND CHAIR CHELF. NOES: ABSENT: KIRKPATRICK . ABSTAIN: and in compliance with the laws of California was posted at the following: A. • •.% trative Offices CITY CLERK 7 41, RESOLUTION NO. 2017-02 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW RESIDENCE AND A SWIMMING POOL AND CONDITIONAL USE PERMITS FOR CONSTRUCTION OF A STABLE AND CORRAL, TENNIS COURT, AND GUESTHOUSE IN ZONING CASE NO. 914, 11 UPPER BLACKWATER CANYON ROAD, (LOT 99-B-RH), (AUTHOR HOME LLC/CHOWDHURY). 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 Subir Chowdhury with respect to real property located at 11 Upper Blackwater Canyon Road, Rolling Hills (Lot 99-B-RH) requesting a site plan review for overall grading of 43,220 cubic yards and construction of 11,052 square foot residence with a 1,446 square foot garage, 2,675 square feet of covered porches, including 154 square foot Porte Cochere, 6,620 square foot basement, 1,336 square foot swimming pool and spa, 115 square feet service yard, and exterior features including a water feature, barbeque and fire pits. Approximately 1,542 cubic yards of dirt will be will be exported from the basement and foundations. A Conditional Use Permit is requested for the construction of a 744 square foot two-story stable, which includes 240 square foot loft and 1,491 square foot corral, an 800 square foot guest house and 6,985 square foot tennis court. Section 2. The Planning Commission conducted duly noticed public hearings to consider the application at their regular meetings on January 17, 2017, February 21, 2017, and March 21, 2017 and in the field on February 21, 2017. Neighbors within 1,000-foot radius were notified of the public hearings and a notice was published in the Peninsula News on December 8, 2016. The applicant and his agent were notified of the public hearings in writing by first class mail and the agent was in attendance at the hearings. Evidence was heard and presented from all persons interested in affecting said proposal, including neighbors at 6 and 9 Upper Blackwater Canyon Road, 1 Sagebrush Lane and residents of two properties on Middleridge Lane South, and from members of the City staff and the Planning Commission have reviewed, analyzed and studied said proposal. Section 3. The property is zoned RAS-2 and the lot area excluding the roadway easement is 9.2 acres. For development purposes the net lot area of the lot is 373,484 square feet or 8.57 acres. Records show that 3,200 square foot house with 500 square foot garage was constructed in 1951; the swimming pool, cabana and the stable were constructed in 1957. All of the existing structures are proposed to be demolished. Section 4. During the course of the review, local residents expressed concerns regarding the location of the proposed stable, screening for the stable, guesthouse and tennis court elements, noise generated by the tennis court, and the drainage plan and intended drainage course for the proposed project. 11 Upper Blackwater Canyon Rd. 1 Addressing these concerns and suggestions, the applicant revise T the project multiple times in an effort to "be a good neighbor". At the February 21, 2017 evening Planning Commission meeting, the Commission requested that the following special considerations be included in the preparation of the Resolution of approval: • Enhanced drainage plan - Drainage plan revisions include added catch basins in multiple locations, a secondary outfall, and rain cisterns to handle a 100 year flood calculation. • Changed location of the proposed stable - The stable was moved a total of 115' west from the originally submitted plans. • Enhanced landscape plan as noise reduction and screening measures - Landscaping was added to the entire lot, not just at the main pad. Natural planting is proposed in the vicinity of the tennis court and along the garage to screen them from view. Trees were added to screen the stable and corral and guesthouse. • A rubberized surface for the tennis court will be used as noise reduction measure. • The daylighted basement will have access through a stairwell and will be screened by terraced planters. No wall greater than 4 feet shall be exposed in any location. Section 5. The Planning Commission finds that the project qualifies as a Class 3 Exemption, and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 6. Site Plan Review -Proposed Development. Section 17.46.030 requires a development plan to be ' submitted for Site Plan Review and approval before any grading requiring grading permit or any new 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 not more than 999 square feet in any thirty-six (36) month period. The grading for the development and the new structures require Site Plan Review. The pool/spa requires a Site Plan Review due to the grading and the size (over 800 sq. ft. surface water area). With respect to the Site Plan for the development, the Planning Commission hereby approves the request for Site Plan Review in Zoning Case No. 914 to build the proposed project and makes the following findings: A. The proposed development, which includes the residence, garage, basement, stable, guest house, tennis court, and pool, is compatible with the General Plan, the Zoning Ordinance and surrounding uses because the proposed structures comply with the General Plan requirement of low profile, low -density residential development with sufficient open space between surrounding structures and maintaining sufficient setbacks to provide buffers between residential uses. The project conforms to Zoning Code setback requirements and no variances are required for setbacks. The proposed project is screened from the road so as to reduce the visual impact of the development. The project conforms to Zoning Code lot coverage requirements, including lot disturbance. The net lot area of the lot is 373,484 square feet. The structural net lot coverage is proposed at 27,277 square feet or 6.8%, which includes all of the structures, with allowance for permitted 11 Upper Blackwater Canyon Rd.. 2 deductions, (20% max. pelktted); and the total lot coverage proo.,osed, including the driveway would be 37,337 square feet or 10.0%, (35% max. permitted). The disturbed area of the lot is proposed to be 35.74%. B. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. The topography and the configuration of the lot, has been considered, and it was determined that the proposed development will not adversely affect or be materially detrimental to adjacent uses, buildings, or structures because the proposed construction will be constructed largely on existing building pads, and anticipated grading will enable proposed project elements to be the least intrusive to surrounding properties, be screened and landscaped with trees and shrubs, is of sufficient distance from nearby residences so that it 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. The lot is over 9 acres in size and no more than 35.74% is proposed to be disturbed, with the remaining of the lot left in natural state. The project promotes equestrian uses, therefore furthering the City's goal to remain an equestrian community. C. The proposed development, as conditioned, is harmonious in scale and mass with the site, and is consistent with the scale of the neighborhood when compared to new residences in the vicinity of said lot. The development plan takes into consideration the views from Sagebrush Lane, Middleridge Lane South and Appaloosa Lane and the residential development pad will be sunk by approximately 2 feet, which will help preserve views toward the city. The slopes are being preserved or rebuilt in a manner that attempts to mimic the existing slopes on the property. Significant portions of the lot will be left undeveloped. The project will be screened from the road and neighbors. During the review process, at suggestions from the Planning Commission and addressing the neighbors' concerns, the applicant is developing the property in general to retain as much of the natural terrain as possible and not greatly affect the lower portion of the lot. D. The development plan will introduce additional landscaping, which is compatible with and enhances the rural character of the community, and the landscaping will provide a buffer or transition area between private and public areas. E. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles because the project will utilize the proposed driveway as recommended for approval by the City of Rolling Hills Traffic Commission. There is ample parking in the garages and there is a proposed parking pad at the front of the house, outside of all setbacks, so all visitor parking will be contained on site. An adequate pathway is proposed to safely accommodate horse trailers to the stable and corral area. F. The project is exempt from the requirements of the California Environmental Quality Act. 11 Upper Blackwater Canyon Rd. 3 • Section 7. Conditional Use Permits. Sections 17.18.060- and 17.18.090 of the Rolling Hills Municipal Code permit approval of a stable over 200 square feet and corral over 550 square feet with a Conditional Use Permit. The proposed 744 square foot stable including 240 square foot loft and 1,491 square foot corral comply with all requirements of these sections. An 800 square foot guesthouse is proposed. Section 17.16.210 (A)(5) of the Zoning Ordinance contains conditions for a guesthouse, subject to approval of a conditional use permit. A 6,985 square foot tennis court is also proposed. 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 Planning Commission approves a Conditional Use Permit for such use. All of the detached structures comply with the provisions and conditions for such structures. With respect to this request for Conditional Use Permits, the Planning Commission finds as follows: A. Conditionally permitted uses are not outright permitted by the Rolling Hills Municipal Code. The City Council must consider applications for a Conditional Use Permit and may, with such conditions as are deemed necessary, approve a conditional use which will not jeopardize, adversely affect, endanger or to otherwise constitute a menace to the public health, safety or general welfare or be materially detrimental to the property of other persons located in the vicinity of such use. B. The granting of a Conditional Use Permit for the stable, corral, tennis court, and guesthouse would be consistent with the purposes and objectives of the Zoning Ordinance and General Plan because the uses are consistent with similar uses in the community, and meet all the applicable code development standards for such uses and they are located in the areas on the property that are adequately sized to accommodate such uses. The proposed uses are appropriately located in that they will be sufficiently separated from nearby structures used for habitation or containing sleeping quarters. The stable/corral would be constructed in furtherance of the General Plan goal of promoting and encouraging equestrian uses and the rural, equestrian character of Rolling Hills. The tennis court is proposed to be located on the property so that it will be slightly recessed into the hillside and will be screened with shrubs and trees. The proposed guesthouse is a common amenity to Rolling Hills. C. The nature, condition, and development of adjacent structures have been considered, and the project , will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures because the proposed uses (stable/corral, tennis court, and guesthouse) are located in the middle of a 9.2 acre lot and their general location is of sufficient distance from nearby residences so as to not impact the view or privacy of surrounding neighbors. The proposed tennis court and guesthouse will be constructed on a portion of the secondary building pad that will be the least intrusive to surrounding properties and will be screened and landscaped with trees and shrubs and 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. The proposed stable is to be located adjacent to the corral. There is a path designated for equestrian uses that runs from the stable to the motor court, driveway and road above and is separate from the other outdoor living areas on the property. The 12 foot wide path will be comprised of decomposed granite. 11 Upper Blackwater Canyon Rd. 4 D. The project harmonious in scale and mass with tne site, the natural terrain, and surrounding residences because the proposed uses comply with the low profile residential development pattern of the community and will not give the property an over -built look, and areas will remain open and unobstructed. The lot is 9.2 acres gross in size and is sufficiently large to accommodate the proposed uses. The stable will be compatible with the uses in the surrounding area because Rolling Hills is an equestrian community and stables are encouraged. The stable will look like a stable and with the corral will promote open space on the pad. The guesthouse will be compatible with the uses in the surrounding area because it will match the architectural design of the house and is in the side yard and is an amenity other residences in Rolling Hills enjoy. E. The proposed conditional uses comply with all applicable development standards of the zone district and require Conditional Use Permits pursuant to Sections 17.18.060, 17.18.090, 17.16.210(A)(5) and (A)(7) of the Zoning Ordinance. F. The proposed conditional uses are consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting criteria for hazardous waste facilities because the project site is not listed on the current State of California Hazardous Waste and Substances Sites List. Section 8. Based upon the foregoing findings, and the evidence in the record, the City Council hereby approves Zoning Case No. 914 request for a Site Plan Review for the construction of a new 11,052 square foot residence and 6,620 square foot basement, an attached garage totaling 1,446 square feet, 2,870 square feet of covered porches including for the residence and 195 square feet of porches for the guesthouse, a new pool and spa totaling 1,336 square feet with a 130 square foot pool equipment area, a 115 square foot service yard, a 100 square foot outdoor kitchen, a 154 square foot porte cochere, a two-story stable with 504 square foot on the first level and a 240 square foot loft, a new driveway and turnaround access and access to the stable. Grading will entail a total of 43,220 cubic yards of dirt (including 13,221 c.y. of cut and 11,679 c.y. of fill; and 9,160 c.y. over -excavation and 9,160 c.y. recompaction) with 1,542 cubic yards to be exported, subject to the following conditions: A. The Site Plan and Conditional Use Permits approvals shall expire within two years from the effective date of approval as defined in Sections 17.46.080(A), 17.42.070 of the Zoning Ordinance unless otherwise extended pursuant to the requirements of these sections. B. If any condition of this resolution is violated, the entitlement granted by this resolution shall be suspended and the privileges granted hereunder shall lapse and upon receipt of written notice from the City, all construction work being performed on the subject property shall immediately cease, other than work determined by the City Manager or his/her designee required to cure the violation. The suspension and stop work order will be lifted once the Applicant cures the violation to the satisfaction of the City Manager or his/her designee. In the event that the Applicant disputes the City Manager or his/her designee's determination that a violation exists or disputes how the violation must be cured, the 11 Upper Blackwater Canyon Rd. 5 • • Applicant may request a hearing before the City Council. The hearing shall be scheduled at the next regular meeting of the City Council for which the agenda has not yet been posted, the Applicant shall be provided written notice of the hearing. The stop work order shall remain in effect during the pendency of the hearing. The City Council shall make a determination as to whether a violation of this Resolution has occurred. If the Council determines that a violation has not occurred or has been cured by the time of the hearing, the Council will lift the suspension and the stop work order. If the Council determines that a violation has occurred and has not yet been cured, the Council shall provide the Applicant with a deadline to cure the violation; no construction work shall be performed on the property until and unless the violation is cured by the deadline, other than work designated by the Council to accomplish the cure. If the violation is not cured by the deadline, the Council may either extend the deadline at the Applicant's request or schedule a hearing for the revocation of the entitlements granted by this Resolution pursuant to Chapter 17.58 of the Rolling Hills Municipal Code (RHMC). 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 this 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 March 7, 2017 except as otherwise provided in these conditions. The working drawings submitted to the Department of Building and Safety for plan check review shall conform to the approved development plan. All conditions of the Site Plan Review and Conditional Use Permit approvals shall be incorporated into the building permit working drawings, and where applicable complied with prior to issuance of a grading or building permit from the building department. The conditions of approval of this Resolution shall be printed onto building plans submitted to the Building Department for review and shall be kept on site at all times. Any modifications and/or changes to the approved project, including resulting from field conditions, shall be discussed and approved by staff prior to implementing the changes. Such review will require a public hearing before the Planning Commission if the modifications represent a major modification of the project. E. Prior to submittal of final working drawings to Building and Safety Department for issuance of building and grading permits, the plans for the project shall be submitted to City staff for verification that the final plans are in compliance with the plans approved by the Planning Commission. F. A licensed professional preparing construction plans for this project for Building Department review shall execute a Certificate affirming that the plans conform in all respects to this Resolution approving this project and all of the conditions set forth therein and the City's Building Code and Zoning Ordinance. Further the person obtaining a building and/or grading permit for this project shall execute a Certificate of Construction stating that the project will be constructed according to this Resolution and any plans approved therewith. 11 Upper Blackwater Canyon Rd. 6 • G. Structural lot coverage of the lot shall not exceed 25,277 square feet or 6.8% of the net lot area, in conformance with lot coverage limitations, and with the permitted allowances, (20% maximum). The total lot coverage proposed, including structures and flatwork, shall not exceed 37,337 square feet or 10.0%, of the net lot area, with allowable deductions, in conformance with lot coverage limitations (35% maximum). H. The disturbed area of the lot, including the approved stable and corral shall not exceed 35.74%; over 133,490 square feet surface area. Grading for this project shall not exceed 13,221 cubic yards of cut and 11,679 cubic yards of fill, 9,160 cubic yards of over -excavation, and 9,160 cubic yards of recompaction with 1,542 cubic yards exported. I. The residential building pad is proposed at 48,380 square feet and shall not exceed coverage of 15,800 square feet or 32.66% with allowed deductions. The tennis court and guesthouse pad is proposed at 20,267 square feet and shall not exceed coverage of 7,785 square feet or 38.41%. The stable pad is proposed at 2,152 square feet and shall not exceed 504 square feet of coverage or 23.42%. J. A new driveway shall be provided per the Fire Department requirements and the apron of the driveway shall be roughened and the first 20 feet of the driveway shall not exceed 7% in slope. The Traffic Commission reviewed the driveway apron and recommended approval. K. Access to the stable and to the corral shall be decomposed granite or like 100% pervious roughened material and be not wider than 12'. L. Per Section 17.16(A)(5)(c) of the zoning ordinance, only one sanitary facility consisting of a shower, sink, and a toilet and a kitchenette is permitted in the guesthouse; there shall be no parking area within 50-feet of the guesthouse; no renting of the guesthouse is permitted. M. A minimum of five-foot level path and/or walkway, which does not have to be paved, shall be provided around the entire perimeter of all of the proposed structures, or as otherwise required by the Fire Department. N. At any time there are horses on the property, Best Management Practices (BMPs) shall be applied for manure control, including but not be limited to removal of the manure on a daily basis or provision of a receptacle with a tight closing lid that is constructed of brick, stone, concrete, metal or wood lined with metal or other sound material and that is safeguarded against access by flies. The contents of said receptacles shall be removed once a week. It is prohibited to dispose of manure or any animal waste into the Municipal Separate Storm Sewer System (MS4), into natural drainage course or spread on the property. O. The dissipaters and pool equipment area shall be screened with landscaping. Sound attenuating equipment shall be installed to dampen the sound from the pool equipment 11 Upper Blackwater Canyon Rd. 7 • area and the pool pump. The project shall utilize the most quiet" nd technologically advanced equipment to dampen the sound. Per LA County Building Code, pool barrier/fencing shall be required. P. The applicant shall comply with all requirements of the Lighting Ordinance of the City of Rolling Hills (RHMC 17.16.190 E), pertaining to lighting on said property; roofing and material requirements of properties in the Very High Fire Hazard Severity Zone and Low Impact Development requirements for storm water management on site (RHMC Chapter 8.32). Q. All utility lines to the residence, guesthouse, and stable shall be placed underground, subject to all applicable standards and requirements. R. Hydrology, soils, geology and other reports, as required by the Building and Public Works Departments, and as may be required by the Building Official, shall be prepared. S. Prior to issuance of a final construction approval of the project, all graded slopes shall be landscaped. Prior to issuance of building permit, a landscaping plan shall be submitted to the City in conformance with Fire Department Fuel Modification requirements and graded slopes. T. The project shall be landscaped, and continually maintained in substantial conformance with the landscaping plan on file date stamped on March 15, 2017. A detailed landscaping plan shall be submitted and shall provide that any trees and shrubs used in the landscaping scheme for this project shall be planted in a way that screens the project development from adjacent streets and neighbors, such that shrubs and trees as they mature do not grow into a hedge or impede any neighbors views and the plan shall provide that all landscaping be maintained at a height no higher than the roof line of the nearest project structure. In addition, the landscaping plan shall provide for screening of the proposed sport court with vegetation not to exceed 10 feet in height or the height of the sport court fence, if installed, whichever is less, and that the vegetation used for screening shall be planted in an off -set manner, so as to prevent it, as it grows from forming a solid hedge. The landscaping plan shall utilize to the maximum extent feasible, plants that are native to the area, are water - wise and are consistent with the rural character of the community. U. The applicant shall submit a landscaping performance bond or other financial obligation, to be kept on deposit by the City, in the amount of the planting plus irrigation plus 15%. The bond shall be released no sooner than two years after completion of all plantings, subject to a City staff determination that the plantings required for the project are in substantial conformance with approved plans and are in good condition. The landscaping shall be subject to the requirements of the City's Water Efficient Landscape Ordinance, (Chapter 13.18 of the RHMC). Pursuant to Chapter 8.30 of the RHMC the property shall at all times be maintained free of dead trees and vegetation. V. The tennis court shall have a rubberized surface and shall not have lights. 11 Upper Blackwater Canyon Rd. 8 • W. The setback i"lies and roadway easement lines in the vicinity of the construction for this project shall remain staked throughout the construction. A construction fence may be required. X. Perimeter easements, including roadway easements and trails, if any, shall remain free and clear of any improvements including, but not be limited to fences -including construction fences, any hardscape, driveways, landscaping, irrigation and drainage devices, except as otherwise approved by the Rolling Hills Community Association. Y. Minimum of 65 % of any construction materials must be recycled or diverted from landfills. The hauler of the materials shall obtain City's Construction and Demolition permits for waste hauling prior to start of work and provide proper documentation to the City. Z. During construction, conformance with the air quality management district requirements, storm water pollution prevention practices, county and local ordinances and engineering practices so that people or property are not exposed to undue vehicle trips, noise, dust, objectionable odors, landslides, mudflows, erosion, or land subsidence shall be required. AA. During construction, to the extent feasible, all parking shall take place on the project site, on the new driveway and, if necessary, any overflow parking may take place within the unimproved roadway easements along adjacent streets, and shall not obstruct neighboring driveways, visibility at intersections or pedestrian and equestrian passage. During construction, to the maximum extent feasible, employees of the contractor shall car- pool into the City. To the extent feasible, a minimum of 4' wide path, from the edge of the roadway pavement, for pedestrian and equestrian passage shall be available and be clear of vehicles, construction materials and equipment at all times. AB. During construction, the property owners shall be required to schedule and regulate construction and relate 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. AC. Prior to demolition of the existing structures, an investigation shall be conducted for the presence of hazardous chemicals, lead -based paints or products, mercury and asbestos - containing materials (ACMs). If hazardous chemicals, lead -based paints or products, mercury or ACMs are identified, remediation shall be undertaken in compliance with California environmental regulations and policies. AD. The property owner and/or his/her contractor/applicant shall be responsible for compliance with the no -smoking provisions in the Municipal Code. 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: http://www.wrh.noaa.gov/lox/main.php?suite=safety&page=hazard_definitions#FIRE. It is the sole responsibility of the property owner and/or his/her contractor to monitor the red flag warning conditions. AE. The sports court shall drain into one of two cisterns serving the property. Drainage dissipaters shall be constructed outside of any easements, unless approved by the 11 Upper Blackwater Canyon Rd. 9 RHCA. The drainage system shall be approved by the Department of Building and Safety. If an above ground swale and/or dissipater is required, it shall be designed in such a manner as not to cross over any equestrian trails or discharge water onto a trail, shall be stained in an earth tone color, and shall be screened from any trail, road and neighbors' view to the maximum extent practicable, without impairing the function of the drainage system. AF. During construction, dust control measures shall be used to stabilize the soil from wind erosion and reduce dust and objectionable odors generated by construction activities in accordance with South Coast Air Quality Management District, Los Angeles County and local ordinances and engineering practices. AG. During construction, an Erosion Control Plan containing the elements set forth in Section 7010 of the 2016 County of Los Angeles Uniform Building Code shall be followed to minimize erosion and to protect slopes and channels to control storm water pollution. AH. 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 storm water drainage facilities and septic tank. AI. The applicant shall pay all of the applicable Building and Safety and Public Works Department fees and Palos Verdes Peninsula Unified School District fees for the new residence, if any. AJ. Prior to final inspection of the project, "as graded" and "as constructed" plans and certifications shall be provided to the Planning Department and the Building Department to ascertain that the completed project is in compliance with the Planning Commission approved plans. In addition, any modifications made to the project during construction, shall be depicted on the "as built/as graded" plan. AK. The applicants shall execute an Affidavit of Acceptance of all conditions of the Site Plan Review approval, or the approval shall not be effective. AL. All conditions, when applicable, must be complied with prior to the issuance of a grading or building permit from the Building and Safety Department AM. 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. Ps:SEDy/1�IP,PRO�j DjAND1ADOPTED THIS 21sT DAY OF MARCH, 2017. ELF, CHAIRPERS (N ATTEST , HEIDI LUCE, CITY CLERK 11 Upper Blackwater Canyon Rd. 10 • • STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS I certify that the foregoing Resolution No. 2017-02 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING , AND CONSTRUCTION OF A NEW RESIDENCE AND A SWIMMING POOL AND CONDITIONAL USE PERMITS FOR CONSTRUCTION OF A STABLE AND CORRAL, TENNIS COURT, AND GUESTHOUSE, IN ZONING CASE NO. 914, 11 UPPER BLACKWATER CANYON ROAD, (LOT 99-B-RH), (AUTHOR HOMES LLC). was approved and adopted at a regular meeting of the Planning Commission on March 21, 2017 by the following roll call vote: AYES: Commissioners Cardenas, Cooley, Kirkpatrick, Seaburn and Chairman Chelf. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. chkislibta) HEIDI LUCE CITY CLERK 11 Upper Blackwater Canyon Rd. 11