632, New SFR and pool which were da, Resolutions & Approval ConditionsRESOLUTION NO. 2003-05
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING REQUEST FOR A SITE PLAN REVIEW TO
PERMIT SUBSTANTIAL GRADING AND REQUEST FOR VARIANCES TO
EXCEED THE MAXIMUM PERMITTED DISTURBED AREA OF THE LOTS
AND TO EXCEED THE MAXIMUM ALLOWED SLOPE GRADIENT TO
REPAIR SLOPE FAILURE AT AN EXISTING SINGLE FAMILY RESIDENCE AT
5 SAGEBRUSH LANE AND AT ADJACENT VACANT PROPERTIES IN
ZONING CASE NO. 657. (HAO)
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES
HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. Applications were duly filed by Mr. Hao with respect to real
property located at 5 Sagebrush Lane, Rolling Hills (Lot) requesting site plan
approval for substantial grading to repair slope failure and requesting variances
to exceed the maximum permitted disturbed area and to exceed the maximum
permitted slope gradient on three adjacent lots, where there exists one single
family residential development on 5 Sagebrush Lane and the other two lots are
vacant, (Lots 100-3-RH, 100-4-RH and 246-MS respectively, Assessor's Book,
Page & Parcel No.: 7569 -011 —013, 7569-11-014 and 7569-026-011). The proposed
project will affect approximately 3.3 acres of the 4.9 acres site of the first two lots
and 1,200 sq.ft. of the third lot, which is 9.2 acres in size.
Section 2. In 1988, grading and building permits were issued for the
construction of a residence for Dr. J.W. Greenhut at 5 Sagebrush Lane. The
grading was not completed and all of the excavated soil was placed back into the
excavated area. It was reported that soils compaction tests were not performed
prior to refilling the cut area. Shortly thereafter, the property was taken over by
Del Amo Savings Bank. In June of 1994, Del Amo Savings Bank was granted Site
Plan Review approval for investigation and excavation to determine whether the
underlying strata was sufficiently strong to allow construction and to repair the
previously aborted grading at the site. The Bank's consultants determined that the
site was firm and geologically stable for construction of a structure.
Section 3. In January of 1994, the Planning Commission granted a Site
Plan approval in Zoning Case No. 522 for the construction of a single-family
house with a garage, service yard and a future stable at 5 Sagebrush Lane. In 1977
permission was granted for construction of a pool.
Section 4. Subsequent to the construction of the swimming pool, during
the winter of 1998, a portion of the fill slope just west of the residence failed, and
settlement of the western portion of the structure was observed. This situation
was remediated by installation of eight caissons at the top of the slope to
underpin the house. The underpinning was completed in 2000. As a result of this
work, the pool needed to be reconstructed. The report submitted to the County by
the applicant's engineer indicated that the slope failure is enlarging eastward
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towards the building pad. The County requested that the slope be repaired prior
to the reconstruction of the pool.
Section 5. In April 2001, the property owner of 5 Sagebrush Lane,
submitted plans to the City and the County of Los Angeles for repairs of the slope
on his property. During field visits and while studying the soil movement, the
engineer for the applicant and the County geologist determined that the failed
slope continues to move in a northwesterly direction and that the adjacent vacant
lot is being affected. After several months of discussion and studying of the
matter, the County concluded that repairing Mr. Hao's lot would not adequately
stop the earth movement and that additional damage could occur on both lots.
The County geotechnical staff recommended that both lots be repaired at the
same time.
Section 6. The applicant's engineering studies determined that in order
to repair the slope and ensure stability of the existing residence at 5 Sagebrush
Lane a small portion, approximately 1,200 square feet of adjacent vacant lot,
(down -slope from 5 Sagebrush Lane), known as 3 Appaloosa Lane consisting of
9.2 acres in size will need to be disturbed. An area of practical vertical slope
within the 1,200 square feet will be excavated and replaced with a compacted fill,
to create a gentler slope to serve as support for the fill above it. The applicant, Mr.
Hao, has agreed to acquire a portion of the affected area of the vacant lot at 3
Appaloosa Lane to complete this project. The applicant will be required to
accomplish the lot line adjustment prior to commencing grading and repairs to
the lots.
Section 7. The applicant proposes to conduct substantial grading,
approximately 160,000 cubic yards of cut and fill in order to repair the slope
failure on subject sites. The area affected by the slope failure is approximately 3.3
acre in size. 46% of lot 3 will be disturbed and 90% of lot 4 will be disturbed. The
applicant is proposing to excavate the slope failure area and replace it with a
buttress fill keyed through the ancient slope failure mass. A buttress fill is
proposed along the westerly side of both properties (lots 3 & 4) and along the
easterly and northerly sides of the adjacent vacant lot, (lot 4). A buttress is a
tightly compacted fill that acts like a retaining wall and is designed to hold the
movement. The grading will be done in slots to avoid stockpiling of soil. The
County of Los Angeles Department of Public Works may require an installation
of a storm drainpipe through a portion of the buttress.
Section 8. The Planning Commission conducted duly noticed public
hearings to consider this application on December 17, 2002, February 18, 2003,
and at a field trip visit on February 11, 2003. The applicant was notified of the
public _hearings in writing by first class mail. Evidence was heard and presented
from all persons interested in affecting said proposal and from members of the
City staff and the Planning Commission having reviewed, analyzed and studied
said proposal. The applicant was in attendance at the hearings.
Section 9. The Planning Commission visited the site on January 11,
2003 and observed the conditions of the properties. Approximately 50% to 70%
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of the lots are actively moving. The southwestern section of the area has partially
collapsed into the canyon. About 300 feet of the riparian corridor has collapsed,
which has filled over 100 linear feet of the channel, mature trees have been
uprooted, and gaps and fissures have enlarged.
Section 10. On January 17, 2003, Planning staff prepared an initial study
for the project. The initial study found that the project would not have a
significant effect on the environment if certain mitigation measures were
included in the project. The Negative Declaration was prepared with those
mitigation measures and was circulated to the applicant and other interested
parties in accordance with State of California Environmental Quality Act
(CEQA). Copies of the Mitigated Negative Declaration were sent to adjacent
cities and other government agencies. The public notice of the Planning
Commission's intent to recommend approval of the Negative Declaration was
published on January 25, 2003.
Section 11. The Planning Commission has reviewed the proposed
Mitigated Negative Declaration and finds that it represents the independent
judgment of the City and that it was prepared in compliance with CEQA.
Therefore, the Planning Commission finds that although the proposed project
could have a significant effect on the environment, there will not be a significant
effect in this case because mitigation measures have been added to the project,
and are incorporated herein.
Based on these findings, the Planning Commission hereby adopts the
mitigated Negative Declaration in accordance with the CEQA requirements.
Section 12. The Los Angeles County Department of Public Works Land
Development Division and Soils and Geology Divisions reviewed the subject
application for the slope repair. The Los Angeles County staff found that the
proposed approach and methodology for slope repair is appropriate and are
working with the applicant to finalize their approval. The applicant's engineer
has consulted with other agencies having jurisdiction in this case and is working
towards obtaining their permits and certifications No grading or repair work
shall be permitted, until the applicant secures all necessary approvals and
permits.
Section 13. Section 17.46.020(A)(1) of the Municipal Code requires a Site
Plan Review for grading projects requiring a grading permit. With respect to the
Site Plan Review application, the Planning Commission makes the following
findings of fact:
A. The proposed activity, as modified by the conditions of approval, is
compatible with the General Plan and the Zoning Ordinance. The Land Use
Element of the General Plan establishes the maintenance of strict grading
practices. The Building Code and the Zoning Ordinance require a balanced cut
and fill ratio and do not permit import or export of soil, except under special
circumstances applicable to a property and with a discretionary permission by
the Planning Commission. The applicant is not proposing to import or export of
soil.
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B. The proposed activity, as modified, by the conditions of approval,
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). Although 46% of lot 3 and 90% of lot 4 will be disturbed, the grading is
necessary to correct slope failure to prevent the loss of an existing residence and
for the installation of drainage devices. Upon completion of the project the site
will be re -vegetated to the Department of Fish and Game requirements. The
proposed grading will not change the existing topography, because when
completed, all graded areas will have the required 1:2 slopes, except that a
portion of lot 3 and portion of lot 4 will have 1:1 ratio slope, as approved by a
Variance.
C. Upon completion of the project the natural drainage courses will be
preserved and continue drainage to the canyons at the north and northwest side
of the lots. As a result of this activity drainage on site will be corrected, thus,
preventing erosion of the slopes and the drainage will be directed to the canyons.
The lot at 5 Sagebrush Lane is irregular in shape, ranging from 360 feet in width
along the westerly property line and tapering off in an irregular configuration to
approximately 305 feet in width along the easterly property line. The existing
topography of the project site consists of a graded pad on which the house and
pool are situated and descends in a westerly and northerly direction, sloping to a
natural gully along the westerly property line. The top of the slope is at the 810-
foot level and it slopes to a 750-foot level. There is an intermittent blue line
stream at Gilroy Trail on the lower level of the lot, which is currently blocked by
the landslide. This condition will be remedied after completion of the project and
the stream will cleared, so that it can flow unobstructed and the trail re -built.
The second lot is vacant, consisting of 104,544 square feet or 2.4 acres. The
property is irregular in shape, ranging from 140 feet wide along the frontage of
the property and widening to 400 feet along the rear property line. The property
slopes in a northwesterly direction to a natural gully along the northern property
line. The top of the slope is at 790-foot level and it slopes to 710-foot level.
The third lot is vacant, consisting of 9.2 acres. The property is irregular in shape.
The area affected on this lot borders 5 Sagebrush Lane along the canyon bottom.
1,200 square feet of the common property line will be excavated and compacted,
creating a gentler slope.
D. The project will be conditioned upon compliance with the
conditions contained in this Resolution, and supplement the existing vegetation
with landscaping that is compatible with and enhances the rural character of the
community. Upon completion of the project the graded slopes will he re -
vegetated with native trees and shrubs. A re -vegetation plan is on file with the
City and re -vegetation will be conditioned on the Fish and Game Services
approval of the re -vegetation plan.
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E. The development plan, as modified by the conditions of approval,
substantially preserves the natural and undeveloped state of the lot by
minimizing building coverage because no new structures are proposed.
F. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because the
proposed project will not change the existing circulation pattern and will utilize
an existing driveway.
G. The project conforms to the requirements of the California
Environmental Quality Act and the Planning Commission has adopted a
Mitigated Negative Declaration.
Section 14. Based upon the foregoing findings and the evidence in the
record, the Planning Commission hereby approves the Site Plan Review
application for Zoning Case No. 657 for proposed grading and slope repair as
shown on the Development Plan dated December 11, 2002 and marked Exhibit
A, subject to the conditions contained in Section 19 of this Resolution.
Section 15. Sections 17.38.010 through 17.38.050 of the Rolling Hills
Municipal Code permit approval of a Variance from the standards and
requirements of the Zoning Ordinance when exceptional or extraordinary
circumstances applicable to the property and not applicable to other similar
properties in the same zone prevent the owner from making use of a parcel of
property to the same extent enjoyed by similar properties in the same vicinity. A
Variance to Section 17.16.070 (B) is required because it states that the lot
disturbance shall be limited to 40% of the net lot area. The applicant is requesting
a Variance because total disturbance will be 46% of the net lot area on 5
Sagebrush Lane, and 90% on the adjacent lot to the north. With respect to this
request for a Variance, the Planning Commission finds as follows:
A. There are exceptional and extraordinary circumstances and conditions
applicable to the property or to the intended use that do not apply generally to
the other property or class of use in the same zone. The Variance for the total
disturbance is necessary because of the existence of a landslide, which if not
repaired will threaten the existing residence at 5 Sagebrush Lane and will further
block the natural intermittent stream and the trail, located below (west) of the
properties. Further slippage may also cause damage to other properties in the
vicinity.
B. The Variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property in the same vicinity and
zone, but which is denied to the property in question. The Variance is necessary
because of the unusual situation on the lots. The residence at 5 Sagebrush Lane
has been "yellow tagged" by the County of Los Angeles Building and Safety
Division, which does not allow the property owner a normal use or to enjoy the
property possessed by others in vicinity. The adjacent lot, which is experiencing
slope failure as well, cannot be built upon, unless corrected.
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C. The granting of the Variance would not be materially detrimental to the
public welfare or injurious to the property or improvements in such vicinity and
zone in which the property is located. All grading and project repair will occur
within the properties. The project as conditioned by this Resolution will be
adequately screened to prevent adverse visual impact to surrounding properties.
The proposed development proposes to augment and correct the existing water
flow pattern, which is detrimental to the adjacent properties, as well as to the
existing stream and trail. The proposed development will improve slope stability
through the use of approved drainage and buttressing of the slopes, will
accommodate recreation for the residence of Rolling Hills, and will permit the
owners to enjoy their property without deleterious infringement on the rights of
surrounding property owners.
Section 16. Based upon the foregoing findings and the evidence in the
record, the Planning Commission hereby approves the Variance for Zoning Case
No. 657 to permit a disturbed area of 46% on 5 Sagebrush lane and 90% at the
adjacent lot to the north, subject to the conditions specified in Section 19 of this
Resolution.
Section 17. Sections 17.38.010 through 17.38.050 of the Rolling Hills
Municipal Code permit approval of a Variance from the standards and
requirements of the Municipal Code when exceptional or extraordinary
circumstances applicable to the property and not applicable to other similar
properties in the same zone prevent the owner from making use of a parcel of
property to the same extent enjoyed by similar properties in the same vicinity. A
Variance to Section 15.04.130 MAXIMUM SLOPE, of the Municipal Code, is
required because it states that cuts shall not be steeper in slope than two
horizontal to one vertical, or exceed vertical height of thirty feet, unless a
Variance is receives a Variance from the Planning Commission. The applicant is
proposing a slope of 1:1 in certain areas of Lot 3, 5 Sagebrush Lane and the
adjacent lot to the north, as depicted on the development plan, marked Exhibit A,
dated December 11, 2002. With respect to this request for a Variance, the
Planning Commission finds as follows:
A. There are exceptional and extraordinary circumstances and conditions
applicable to the property or to the intended use that do not apply generally to
the other property or class of use in the same zone. The Variance for the
maximum slope is necessary because of the existence of a landslide, which if not
repaired will threaten the existing residence at 5 Sagebrush Lane and will further
block the natural intermittent stream and the trail, located below (west) of the
properties. Further slippage may also cause damage to other properties in the
vicinity.
B. The Variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property in the same vicinity and
zone, but which is denied to the property in question. The Variance is necessary
because of the unusual situation on the lots. The residence at 5 Sagebrush Lane
has been "yellow tagged" by the County of Los Angeles Building and Safety
Division, which does not allow the property owner a normal use or to enjoy the
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property possessed by others in vicinity. The adjacent lot, which is experiencing
slope failure as well, cannot be built upon, unless corrected.
C. The granting of the Variance would not be materially detrimental to the
public welfare or injurious to the property or improvements in such vicinity and
zone in which the property is located. All grading and project repair will occur
within the properties. The project as conditioned by this Resolution will be
adequately screened to prevent adverse visual impact to surrounding properties.
The proposed development proposes to augment and correct the existing water
flow pattern, which is detrimental to the adjacent properties, as well as to the
existing stream and trail. The proposed development will improve slope stability
through the use of approved drainage and buttressing of the slopes, will
accommodate recreation for the residence of Rolling Hills, and will permit the
owners to enjoy their property without deleterious infringement on the rights of
surrounding property owners.
Section 18. Based upon the foregoing findings and the evidence in the
record, the Planning Commission hereby approves the Variance for Zoning Case
No. 657 to permit a greater than allowed slopes at 5 Sagebrush Lane and at the
adjacent lot to the north, subject to the conditions specified in Section 19 of this
Resolution.
Section 19. The Site Plan approval regarding substantial grading and
slope repair, approved in Section 14 of this Resolution, the Variances regarding
the maximum permitted disturbed area, and exceedance of the slope gradient on
portion of Lot 3, 5 Sagebrush Lane and the adjacent lot, approved in Sections 16
and 18 of this Resolution are subject to the following conditions:
A. The Site Plan Review and Variances approvals shall expire within
one year from the effective date of approval as defined in Sections 17.38.070(A),
and 17.46.080(A) unless otherwise extended pursuant to the requirements of
those sections.
B. It is declared and made a condition of the Site Plan and Variances
approvals, that if any conditions thereof are violated, this approval shall be
suspended and the privileges granted thereunder shall lapse; provided that the
applicant has been given written notice to cease such violation, the opportunity
for a hearing has been provided, and if requested, has been held, and thereafter
the applicant fails to correct the violation within a period of thirty (30) days from
the date of the City's determination.
C. All requirements of the Buildings and Construction Ordinance, the
Zoning Ordinance, and of the zone in which the subject property is located must
be complied with unless otherwise set forth in this Permit, or shown otherwise
on an approved plan.
D. A revised Site Plan shall be submitted to the Planning Department
indicating the limits of grading, as approved by the Los Angeles County Public
Works Department, and eliminating any reference to "Buildable Area" on the
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vacant lot, Lot 4. The lots shall be graded, repaired and maintained in substantial
conformance with the revised site plan.
E. The disturbed area of the lots shall not exceed 46% of lot 3, 5
Sagebrush lane and 90% of Lot 4 in conformance with lot coverage limitations
approved in Section 16 of this Resolution.
F. Grading and balanced cut and fill for the project shall not exceed
160,000 cubic yards, or as otherwise approved by the Los Angeles County
Building and Safety Department in order to accomplish the repair of the slopes.
G. Prior to the issuance of any grading permit, at the sole expense of
the applicant, a biologist or native plant specialist shall meet with the general
contractor and grading contractor for an explanation of the boundaries of the
project, the boundaries of those areas permitted to be removed by an approved
Site Plan, and the restrictions contained in this resolution pertaining to biological
resources and the State Department of Fish and Game requirements. To the
greatest extent possible the existing native flora shall be preserved, and the
graded areas shall be returned to its original natural features, except as approved
by a Variance in Sections 16, and 18 of this Resolution. The City shall approve the
biologist or native plant specialist.
H. The graded areas shall be re -vegetated pursuant to the
requirements and to the satisfaction of the State Department of Fish and Game,
but shall be at a minimum of 2:1. The landscaping shall commence within 30
days following the completion of grading.
I. A landscape plan for the graded areas, based on an approved re -
vegetation plan by the Department of Fish and Game shall be submitted for
review and approval to the Planning staff. The landscape plan shall include
water efficient irrigation, to the maximum extent feasible, that incorporates a low
gallonage irrigation system, utilizes automatic controllers, incorporates an
irrigation design using "hydrozones," considers slope factors and climate
conditions in design, and utilizes means to reduce water waste resulting from
runoff and overspray in accordance with Section 17.27.020 (Water efficient
landscaping requirements) of the Rolling Hills Municipal Code.
J. Landscaping shall be designed using mature, native trees and
shrubs so as not to obstruct views of neighboring properties but to restore the
native flora on the affected lots. Two copies of landscape plan for the
graded/repaired area and a cost estimate for material, labor and irrigation to
implement the landscaping plan, as approved by the Department of Fish and
Game must be submitted for review by the Planning Department prior to the
issuance of a grading permit.
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 permit and shall be retained with the City for not less than two years
after landscape installation. A professional horticulturist, at the applicant's
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expense, shall monitor the growth of the landscaping for a minimum of two
growing seasons immediately following planting, or as required by the State
Department of Fish and Game, and provide status reports to the Planning staff
on an annual basis. After the two-year growing season, or as required by Fish
and Game, upon- the request of the applicant, the retained bond will be released
by the City Manager only after staff from the Department of Fish and Game
determines that the landscaping was installed pursuant to the landscaping plan
as approved, and that such landscaping is properly established and in good
condition.
K. Landscaping for the fuel modification zone on lot 3, 5 Sagebrush
Lane, shall be designed as a native plant area, with low density of speciment
shrubs and high cover by low combustible species, such as mulefat. Two copies
of landscape plan for the fuel modification area and a cost estimate for material,
labor and irrigation to implement the landscaping plan must be submitted for
review by the Planning Department prior to the issuance of grading permit.
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 permit and shall be retained with the City for not less than two years
after landscape installation. After the two -years, upon the request of the
applicant, the retained bond will be released by the City Manager or his designee
if it is determined that the landscaping was installed pursuant to the landscaping
plan as approved, and that such landscaping is properly established and in good
condition.
L. Nothing contained in these conditions shall limit the authority of
the City to require additional areas or greater areas of the parcels to be re -
vegetated to mitigate additional impacts, if any:
M. No chemicals, including but not limited to fertilizers, pesticides,
herbicides, detergents, chlorine or pool chemicals, shall be used, disposed of, or
allowed to drain into adjacent areas, except fertilizers approved by a City
approved biologist.
N. This Site Plan Review and Variances approvals are subject to all
applicable requirements and conditions of the State of California, the County of
Los Angeles, the City of Rolling Hills, any other governmental entities having
reviewed this project, and the requirements of the Rolling Hills Community
Association. The duty of inquiry as to such requirements shall be upon the
applicant, and shall include, but may not be limited to permits from the U.S.
Army Corps of Engineers, pursuant to Section 404 of the Clean Water Act of
1972; Lake or Streambed Alteration Agreement. pursuant to Section 1600 of the
Fish and Game Code, State Fish and Wildlife Services and others. No grading
permit shall be issued unless all applicable permits have been obtained by the
applicant and submitted to City of Rolling Hills Planning staff.
O. The equestrian trail along the westerly property line of Lot 3 shall
be repaired and re-established to the satisfaction of the Rolling Hills Community
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Association. The property owners shall be required to comply with the
requirements of the Rolling Hills Community Association and the Los Angeles
County Public Works Department for the construction of a culvert or any other
drainage device, if required, at the equestrian trail.
P. In accordance with Chapter 1706 of the California State Statutes of
1990, the applicant shall pay any required fee, along with the required processing
fee, to the City of Rolling Hills and County Clerk for remittance to the State
Department of Fish and Game. This approval shall not be valid and effective
unless and until the fee(s) have been paid and the Notice of Determination has
been filed.
Q. The property owner shall defend, indemnify, and hold harmless
the City of Rolling Hills and its officers, employees and agents from and against
any claim, action or proceeding against the City of Rolling Hills, its officers,
employees, or agents to attack, set aside, void, or annul any approval or
condition of approval of the City of Rolling Hills concerning this Site Plan
Review and Variances applications, including but not limited to any approval or
condition of approval of the City Council, Planning Commission, City Manager
or Planning Director. The City shall promptly notify the applicant of any claim,
action, or proceeding concerning the application and the City shall cooperate
fully in the defense of the matter. The City reserves the right, at its own option, to
choose its own attorney to represent the City, its officers,employees and agents
in the defense of the matter.
R. A County of Los Angeles Public Works Department approved
geology and soils engineering report shall be required prior to approval of
grading plans.
S. A grading plan shall be geotechnically approved by the Los
Angeles County Geology and Soils Sections prior to commencing any work on
subject property. This grading plan shall be based on a detailed engineering
geology report and soils engineering report and show all recommendations
submitted by the County staff. Prior to the commencement of the project, the
applicant shall deposit the dollar amount of a County approved estimate for a
bond for the grading plan.
T. An Erosion Control Plan containing the elements required by the
then current Building Code shall be prepared to minimize erosion and to protect
slopes and channels to control stormwater pollution as required by the City of
Rolling Hills and the County of Los Angeles.
U. Intensive geotechnical review and supervision shall be required
throughout the time the project is ongoing, as required by the Los Angeles
County Public Works Department.
V. The applicant shall implement Best Management Practices of the
National Pollution Discharge Elimination System (NPDES) and provide
adequate landscaping after grading and repairs to the slope is completed.
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Further, an "Urban Storm Water Mitigation Plan" is required as the project
qualifies as a hillside -located single-family dwelling.
W. To prevent construction equipment from going beyond the limits of
the remediation area, contractors shall use fencing or other barriers to the
greatest extent possible.
X. The property owners shall be required to conform with South Coast
Air Quality Management District, Los Angeles County and local ordinances and
engineering practices during construction by using dust control measures to
stabilize the soil from wind erosion and reduce dust and objectionable odors
generated by construction activities.
Fugitive Dust
a. A Comprehensive Fugitive Dust Control Program shall be developed
and implemented before commencement of grading activities, subject
to review and approval of the City Planning Department and the
South Coast Air Quality Management District (SCAQMD). This Plan,
at minimum, shall address compliance with SCAQMD Rule 403,
including:
- Regular site watering
- Application of soil stabilizers to inactive graded areas
- Covering and/or washing of transport trucks leaving the site
- Periodic street cleaning of roads adjacent to the site
b. A High Wind Response Plan in accordance with Rule 403 of the
SCAQMD shall be developed and implemented at times when wind
speeds exceed 25 mph to reduce emissions. The High Wind Response
Plan shall be developed and implemented before commencement of.
grading activities, subject to review and approval of the City Planning
Department and the SCAQMD.
c. Stockpiles of soil, sand and similar materials shall be stabilized by
being enclosed, covered, watered a minimum of twice daily, or with
application of non -toxic soil binders.
Construction Equipment Exhaust
d. Heavy construction equipment shall be properly tuned and maintained
to reduce emissions. Construction equipment shall be fitted with the
most modern emission control devices. The construction manager shall
monitor compliance with this measure and is subject to periodic
inspections by City Building Inspectors.
e. The project shall comply with Rule 461, which establishes requirements
for vapor control from the transfer of fuel from the fuel truck to
vehicles both during construction and subsequent operations.
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Y. During construction, conformance with the air quality management
district requirements, stormwater pollution prevention practices, county and
local ordinances and engineering practices so that people or property are not
exposed to undue vehicle trips, noise, dust, objectionable odors, landslides,
mudflows, erosion, or land subsidence shall be required.
Z. During construction, the Erosion Control Plan containing the
elements set forth in Section 7010 of the 1998 County of Los Angeles Uniform
Building Code shall be followed to minimize erosion and to protect slopes and
channels to control stormwater pollution as required by the County of Los
Angeles.
AA. During and after construction, all parking shall take place on the
project site.
AB. During construction, the property owners shall be required to
schedule and regulate construction and related traffic noise throughout the day
between the hours of 7 AM and 6 PM, Monday through Saturday only, when
construction and mechanical equipment noise is permitted, so as not to interfere
with the quiet residential environment of the City of Rolling Hills.
AC. During grading activities, should any archaeological artifacts be
found, the applicant shall immediately cease any activity and at his sole expense,
contact an archeologist, approved by the City to review the object(s). Should it be
determined by the archaeologist that significant unique archaeological resources
are present within the project area procedures for temporarily halting or
redirecting work to permit the sampling, identification, and evaluation of the
artifacts as appropriate shall be developed. If additional or unexpected unique
archaeological features are discovered, the archaeologist shall report such
findings to the project proponent and to the City Manager. If the archaeological
resources are found to be significant, the archaeological observer shall determine
appropriate action, in cooperation with the applicant, for exploration and/or
salvage.
The developer shall comply with the mitigation measures recommended
and approved by the City for the disposition, mitigation or salvage of such
material. These actions, as well as final mitigation and disposition of the
resources, shall be subject to the approval of the City Manager. The City
Manager's decision will be considered final unless an appeal is filed in
accordance with Section 17.54 of the Rolling Hills Municipal Code. The
developer shall incur the cost of any professional investigation.
AD. The property owners shall be required to conform to the Regional
Water Quality Control Board and County Health Department requirements for
the installation and maintenance of stormwater drainage facilities.
AE. The property owners shall be required to conform with the
Regional Water Quality Control Board and County Public Works Department
Best Management Practices (BMP's) related to solid waste.
Reno 20O3-O
ZC No 657
12
• •
AF. The project must be reviewed and approved by the Rolling Hills
Community Association Architectural Review Committee prior to the issuance of
any drainage, building or grading permit.
AG. The working drawings submitted to the County Department of
Building and Safety for plan check review shall conform to the development plan
described in Condition D.
AH. 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, except as
approved by this resolution.
AI. The applicants shall execute an Affidavit of Acceptance of all
conditions of these Variances and Site Plan Review approvals, pursuant to
Section 17.38.060, or the approval shall not be effective.
AJ. All conditions of the Variances and Site Plan Review approvals,
which apply, must be complied with prior to the issuance of grading permit
from the County of Los Angeles.
AK. The applicant shall process a lot line adjustment between 5
Sagebrush Lane and 3 Appaloosa Lane prior to the issuance of grading permit,
unless an agreement is prepared and signed to permit the applicant entry and
grading of 3 Appaloosa Lane. Such agreement shall be submitted to the Planning
staff for review and file.
AL. Notwithstanding sections 17.46.020 and 17.46.070 of the Rolling
Hills Municipal Code, any future modifications to the properties, which
would constitute structural development or grading, shall require the filing of
a new application for approval by the Planning Commission. Except that the
existing swimming pool at 5 Sagebrush Lane, which was damaged by the
slope failure, is allowed to be reconstructed.
AM. Nothing in the approvals for Site Plan Review and Variances,
pertaining to this project, shall guarantee future City approvals for construction
on either of the affected lots. Future development is subject to development
standards, regulations and review pursuant to the then current Municipal Code.
Rc<u 2003-05
ZC do 657
13
PASSED, APPROVED AND ADOPTED THIS.1)8th DAY OF MARCH 2003.
A.'( ic--1.--
EVIE HANKINS, CHAIRWOMAN
ATTEST:
MARILYN KER'i, DEPUTY CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS)
I certify that the foregoing Resolution No. 2003-05 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING REQUEST FOR A SITE PLAN REVIEW TO
PERMIT SUBSTANTIAL GRADING AND REQUEST FOR VARIANCES TO
EXCEED THE MAXIMUM PERMITTED DISTURBED AREA OF THE LOTS
AND TO EXCEED THE MAXIMUM ALLOWED SLOPE GRADIENT TO
REPAIR SLOPE FAILURE AT AN EXISTING SINGLE FAMILY RESIDENCE AT
5 SAGEBRUSH LANE AND AT ADJACENT VACANT PROPERTIES IN
ZONING CASE NO. 657. (HAO)
was approved and adopted at a regular meeting of the Planning Commission on
March 18, 2003 by the following roll call vote:
AYES: Commissioners DeRoy, Margeta, Sommer, Witte and
Chairwcman Hankins.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
Reso 2003-05
ZC No. 657
DEPUTY CITY CLERK
14