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762 M, Modification to the height of , Resolutions & Approval Conditions• • RESOLUTION NO. 2010-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A TIME EXTENSION TO COMMENCE CONSTRUCTION OF THE PROJECT APPROVED BY PLANNING COMMISSION BY RESOLUTION NO. 2009-09, A RESOLUTION OF APPROVAL OF MODIFICATION TO PREVIOUSLY APPROVED PROJECT, APPROVED BY RESOLUTION NO. 2009-02 FOR GRADING AND CONSTRUCTION OF A RECREATION ROOM, ROADWAY ACCESS AND CONSTRUCTION OF A RETAINING WALL, AT 3 POPPY TRAIL, (LOT 8-PT), (JONAS). PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. 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 Mr. Robert Jonas with respect to real property located at 3 Poppy Trail Road, Rolling Hills (Lot 8-PT) requesting a 6- month time extension for previously approved Conditional Use Permit and a Site Plan Review for an 800 square foot recreation room and grading of 232 cubic yards of cut and 232 cubic yards of fill, including access to the recreation room and modification to the approved method of construction of the access road wall. Section 2. The Commission considered this item at a meeting on February 23, 2010 at which time information was presented indicating that additional time is needed to process the building plans. Section 3. Based upon information and evidence submitted, the Planning Commission does hereby amends Paragraph A, Section 9 of Resolution No. 2009-09, dated October 20, 2009 to read as follows: A. The Site Plan approval and the Conditional Use Permit approved by Resolution No. 2009-02 shall expire within sixteen (16) months from the effective date of Resolution No. 2009-02. No further extension to commence the project shall be granted. Section 4 Additionally, based upon information and evidence submitted, the Planning Commission does hereby add the following conditions: A. Prior to commencement of grading and / or construction of the walls the building plans for the recreation room shall be substantially completed and have been reviewed by the Building and Safety Department. Section 5. Except as herein amended, the provisions and conditions of Resolution No. 2009-02 and Resolution No. 2009-09 shall continue to be in full force and effect. PASSED, APPROVED AND ADOPTED THIS 23rd DAY OF FEBRUARY 2010. ATTEST: LOREN DEROY, CHAIRP HEIDI LUCE , DEPUTY CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 2010-04 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A TIME EXTENSION TO COMMENCE CONSTRUCTION OF THE PROJECT APPROVED BY THE PLANNING COMMISSION BY RESOLUTION NO. 2009-09, A RESOLUTION OF APPROVAL OF MODIFICATION TO PREVIOUSLY APPROVED PROJECT, APPROVED BY RESOLUTION NO. 2009-02 FOR GRADING AND CONSTRUCTION OF A RECREATION ROOM, ROADWAY ACCESS AND CONSTRUCTION OF A RETAINING WALL, AT 3 POPPY TRAIL, (LOT 8-PT), (JONAS). PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. was approved and adopted at a regular meeting of the Planning Commission on February 23, 2010 by the following roll call vote: AYES: Commissioners Henke, Pieper, Witte, Smith and Chairperson DeRoy. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices DEPUTY CITY CLERK This page is part of your document - DO NOT DISCARD II I I II I I I I II' II I II I i I I I I III II 20090571609 11 I Il II III II I II III I U II II I II Recorded/F ed n Offic al Records Recorder's Off'ce, Los Angeles County, California 04/20/09 AT 02:46PM ill !IEIJITII I I I II II II 200904200620030 II 00000388442 II I II III II II 002069068 SEQ: 03 II II I I 11111 III III I DAR - Counter (Hard Copy) i III II 1 II i 111 i 111111 III i III 11111 11 i II i II i i i II I II I i i II III of 11 III II i II I II I II II II I i III II I THIS FORM IS NOT TO BE DUPLICATED I II II P0012: FEES: 41.00 TAXES: 0.00 OTHER: 0.00 PAID: 41.00 III III E52795J RECORDING REQUiti BY WHEN RECORDED MAIL TO NAME cal TN) oc= Roc_L./K t-thLc-5 MAILING 2. Pc sp. i u&ccESi1 3e O ADDRESS CITY, STATE z o Lc-4 tt Crt 14 (LDS GA ZIP CODE 9 p 4- TITLE(S) • *20090571609* SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE DA p l= AGc-c C� cAtac� RECORDING REQUESTED BY AND MAIL TO: CITY OF ROLLING HILLS PLANNING DEPARTMENT 2 PORTUGUESE BEND RD. ROLLING HILLS, CA 90274 (310) 377-1521 (310) 377-7288 FAX RECORDER'S USE ONLY THE REGISTRAR -RECORDER'S OFFICE REQUIRES THAT THE FORM BE NOTARIZED BEFORE RECORDATION. AFFIDAVIT OF ACCEPTANCE FORM STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) §§ ZONING CASE NO. 762 XX CONDITIONAL USE PERMIT XX SITE PLAN REVIEW I (We) the undersigned state I am (We are) the owner(s) of the real property described as follows: 3 POPPY TRAIL, ROLLING HILLS, (LOT 8-PT) CA 90274 This property is the subject of the above numbered case and conditions of approval I am (We are) aware of, and accept, all the stated conditions in said ZONING CASE NO. 762 CONDITIONAL USE PERMIT XX: SITE PLAN REVIEW XX I ((We) certify (or decl under the penalty of perjury that the foregoing is true and correct. Si ture - 7;_p-7c7 Ai ft.s- Name ty ed or printed Signature Name typed or printed Addre LtiAddress City/State `' City/State Signatures must be acknowledged by a notary public. See Attached Exhibit "A", RESOLUTION OF APPROVAL • • State of California ) County of Los Angeles ) On APai�... I c/ 2_00 9 before o iL . ( TT (G. 00 rA t2 Personally appeared R o t3 Qr tit , J ©ra,a me, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/her/their authorized capacity(ies) and that by his/ her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS by hand and official seal. Signature of Notary Z/��_ ( Seal) RECORDING REQUESTED BY AND MAIL TO: CITY OF ROLLING HILLS PLANNING DEPARTMENT 2 PORTUGUESE BEND RD. ROLLING HILLS, CA 90274 (310) 377-1521 (310) 377-7288 FAX T RECORDER'S USE ONLY THE REGISTRAR -RECORDER'S OFFICE REQUIRES THAT THE FORM BE NOTARIZED BEFORE RECORDATION. AFFIDAVIT OF ACCEPTANCE FORM STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) §§ ZONING CASE NO. 762 MODIFICATION XX SITE PLAN REVIEW I (We) the undersigned state I am (We are) the owner(s) of the real property described as follows: 3 POPPY TRAIL, ROLLING HILLS, (LOT 8-PT), CA 90274 This property is the subject of the above numbered case and conditions of approval I am (We are) aware of, and accept, all the stated conditions in said ZONING CASE NO. 762 MODIFICATION XX SITE PLAN REVIEW I We).Grtify (or deciar der the penalty of perjury that the foregoing is true and correct. —"yr im'-- Signature ame typed or printed Address 12-.C—�" City/State Signature Name typed or printed Address City/State • • Signatures must be acknowledged by a notary public. See Attached Exhibit "A", RESOLUTION OF APPROVAL NO. 2009-09 State of California ) County of Los Angeles ) On /6-0. 36, .?.OU 9 before me, 41.) u Personally appeared hF?r f A, h /ii?LZ_S who proved to me on the basis of satisfactory evidence to be the person(%) whose name(i) is/ axe subscribed to the within instrument and acknowledged to me that he/..s#elAbey executed the same in his/herit# t°-authorized capacity(i.es) and that by his/ --he /thcir signature j on the instrument the person#'), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS by hand and official seal. Signature of Notary✓,% �, 0_,a pie Seal) JUDITH J. CLEMENS Commission # 1 /97415 Notary Public - California = Los Angeles County MyComm. Expires May 5, 2012 f t ' fu YI III' 'I IY I YI II I I I �'G • RESOLUTION NO. 2009-09 XFllgi7- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING MODIFICATION TO PREVIOUSLY APPROVED PROJECT, APPROVED BY RESOLUTION NO. 2009-02 FOR GRADING AND CONSTRUCTION OF A RECREATION ROOM, ROADWAY ACCESS AND CONSTRUCTION OF A RETAINING WALL. THE MODIFICATION CONSISTS OF AMENDING THE HEIGHT, MATERIAL AND METHOD OF CONS 1'RUCTION OF THE WALL ALONG THE ROADWAY ACCESS ON A LOT DEVELOPED WITH A SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 772- MODIFICATION, AT 3 POPPY TRAIL, (LOT 8-PT), (JONAS). PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. Application was duly filed by Mr. Robert Jonas with respect to real property located at 3 Poppy Trail (Lot 8-PT), Rolling Hills, requesting a Site Plan Review for modification of a previously approved retaining wall to allow up to three foot interlocking block wall where a 6" curb and one foot wall were previously approved, along the west side of the access road. The proposed mechanically stabilized earth (MSE) wall has earth spaces between the blocks, which would be planted. The construction of such walls indudes a geo-grid fabric like material embedded into the hill for stability. Section 2. The Planning Commission conducted duly noticed public hearings to consider the application for modification of the previously approved application, on July 21, August 18 and October 20, 2009 meetings. During the proceedings, the Commission requested additional information and clarification from the applicant as well as from the County Soils and Geology Division regarding this proposal. Section 3. Approval for the construction of the wall was granted on October 5, 2009 by the Los Angeles County Soils and Geology Division, and the County grading engineer reviewed the grading plan and in her professional opinion the wall is feasible in the proposed location, is an acceptable design based on County codes and will not require additional grading from what was originally approved. Section 4. The applicant was notified of the above -referenced hearings in writing by first class mail. 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 at each of the hearings. The applicant and the applicant's representatives were in attendance at the hearings. Section 5. The Planning Commission finds that the project qualifies as a Class 1 Exemption [State CEQA Guidelines, Section 15301(e)] and is therefore Z.C. NO. 762 MOD. 1 categorically exempt from environmental review under the California Environmental Quality Act. Section 6. The previous approval, granted by Resolution No. 2009-02 consisted of a Site Plan Review application for grading and construction of an 800 square foot recreation room with 320 square foot porch, access road to the recreation room and grading quantities of 232 cubic yards of cut and 232 cubic yards of fill. Also approved were retaining walls along the road to the recreation room. A not to exceed 3-foot high wall, 120 feet long, along the uphill side (east side) of the access road to the construction site and 120 foot long, not to exceed one foot high wall along the down slope (west side), and 6 inch curb with a three rail fence for safety and to obscure the uphill wall were approved. The remainder of the road was to have a 6" curb, which curved up and around the building pad area for the recreation room. Section 7. With respect to the Site Plan Review application for modification of the proposed wall, the Planning Commission finds that the findings for a Site Plan Review for the original proposal specified in Resolution No. 2009-02 are applicable and remain unchanged for the request for modification. Section 8. Based upon the foregoing findings, approval by the Los Angeles County Soils and Geology Division and the evidence in the record, the Planning Commission hereby approves a Site Plan Review modification to construct a not to exceed 3-foot high mechanically stabilized earth wall (MSE) along the lower (west) side of the access road to the previously approved recreation room in accordance with the development plan dated October 9, 2009 and in accordance with the County of Los Angeles soils and geology approval, dated October 5, 2009. Section 9. The following conditions of Resolution No. 2009-02 are herby amended to read as follows: 1. Amend Condition A to read as follows: A. The Site Plan approval adopted herein and the Conditional Use Permit approved by Resolution No. 2009-02 shall expire within ten months from the effective date of Resolution No. 2009-02. 2. Amend condition F to read as follows: F. The working drawings submitted to the County Department of Building and Safety for plan check review and issuance of permits must conform to the development plan approved with this application. In addition, prior to submittal of final plans to the Building Department for issuance of building permits, the plans for the project shall be submitted to staff for verification that the final plans are in compliance with the plans approved by the Planning Commission, on file in the Planning Department dated March 16, 2009 and October 9, 2009. 3: Amend condition L to read as follows: L. The block retaining wall along the access road on the eastern side shall not exceed 3 feet in height from the finished grade. A maximum of 3-foot mechanically Z.C. NO. 762 MOD. 2 • • stabilized earth (MSE) wall, but not to exceed 2 feet on the average, may be constructed along the downhill of the access road (west side). A three rail fence or railing of the type approved by the RHCA Architectural Committee shall be constructed along the western (downhill) side of the access road on top of the MSE wall. The retaining wall in the rear of the recreations room shall not exceed 5-feet in height from the finished grade. 4. Amend condition P to read as follows: P. The recreation room shall be screened from the street and nearby properties by trees and shrubs. Prior to obtaining a grading or a building permit, two copies of a landscaping plan for screening of the structure and for the graded areas surrounding the recreation room and the access road, shall be submitted to the PIanning Department for review and approval. In addition, two copies of landscaping plan shall be submitted for the MSE wall. All landscaping shall be designed using native trees and shrubs and of height so as not to obstruct views of neighboring properties but to screen the project. The trees at maturity shall not exceed the height of the roofline of the recreation room and shall be maintained at that height at all times. Landscaping shall include water efficient irrigation that incorporates low gallonage irrigation system, utilizes automatic controllers, incorporates an irrigation design using "hydrozones," considers slope factors and climate conditions, and utilizes means to reduce water waste resulting from runoff and overspray. All landscaping shall be planted in a manner that it will not result in a hedge like configuration upon maturity of the plants. Within three months of completion of the construction, the slopes shall be planted and maintained with a suitable deep-rooted ground cover. During construction protection of slopes shall be provided in a form of a jute mesh or suitable geofabrics. 5. Add condition AJ to Resolution No. 2009-02 to read as follows: AJ. All other conditions of Resolution No. 2009-02 shall be in full force and effect. PASSED, APPROVED AND ADOPTED THIS 20th DAY OF OCTOBER 2009. ATTEST: 419,0AWutcei HEIDI LUCE, DEPUTY CITY CLERK LOREN DERbCCHAIRP Z.C. NO. 762 MOD. 3 i • STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 2009-09 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING MODIFICATION TO PREVIOUSLY APPROVED PROJECT APPROVED BY RESOLUTION NO. 2009-02 FOR GRADING AND CONSTRUCTION OF A RECREATION ROOM, ROADWAY ACCESS AND CONSTRUCTION OF A RETAINING WALL. THE MODIFICATION CONSISTS OF AMENDING THE. HEIGHT, MATERIAL AND METHOD OF CONSTRUCTION OF THE WALL ALONG THE ROADWAY ACCESS ON A LOT DEVELOPED WITH A SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 772-MODIFICATION, AT 3 POPPY TRAIL, (LOT 8-PT), (JONAS). PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. was approved and adopted at a regular meeting of the Planning Commission on October 20, 2009 by the following roll call vote: AYES: Commissioners Pieper, Witte, Henke, Smith and Chairperson DeRoy. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. DEPUTY CITY CLERK Z.C. NO. 762 MOD. 4 • ROBERT M JONAS . DAWN M JONAS #3 POPPYTRAIL `310-377-7162 ROLLING HILLS, CA 90274.. Pto the Oray of Bay ities National Bank The Community Bank o/lbe $ourn Bey ,. "; For Merchant VentIcation Cafl 800-664-0155;: ; 4— For 1: 1 2 2 239 2701: 2191 003 24999911 2191 90-392innz .Date "Dollars rn • s amnr Fealorao euCYlla On dd�roiYAH,.;, ,gtyl; iY�a�Y3�A�xtobleF:_i , • This page is part of your document - DO NOT DISCARD ELs. FrzsoiLAA--iLTY\ yr� to �-e tX (i ,l l c'1 r (c -1. i- 2 i e i i i 0 t A i i s of i i i i i 20090571609 Recorded/Filed n Officia Recorc s Recorder's Office, Los Angeles County, California 200904200620030 u 00000388442 i 0 iN tl 002069068 SEQ: 03 in 04/20/09 AT 02:46PM i i si i i i DAR - Counter (Hard Copy) u ifl e is II II m i I I IH I i i VI THIS FORM IS NOT TO BE DUPLICATED i P0012: FEES: 41.00 TAXES: 0.00 OTHER: 0.00 PAID: 41.00 E321933 > RECORDING REQUEST EY WHEN RECORDED MAIL CO i NAME C-(1-') or (:'oLc.it.)e< tAut..c MAILING 2. por, 1 u&ux-7,-s<.=. C3ej' 2 PD. ADDRESS CITY, STATE P. 0 t3 6/ (4 1 L 5 CA ZIP CODE `` l `7 4- TITLE(S) IV' '2009 *20090571609* SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE Ar^=(= IT.)AO(T G(= (::c6(--) r��raac • • RECORDING REQUESTED BY AND MAIL TO: CITY OF ROLLING HILLS PLANNING DEPARTMENT 2 PORTUGUESE BEND RD. ROLLING HILLS, CA 90274 (310) 377-1521 (310) 377-7288 FAX RECORDER'S USE ONLY THE REGISTRAR -RECORDER'S OFFICE REQUIRES THAT THE FORM BE NOTARIZED BEFORE RECORDATION. AFFIDAVIT OF ACCEPTANCE FORM STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) §§ ZONING CASE NO. 762 XX CONDITIONAL USE PERMIT XX SITE PLAN REVIEW I (We) the undersigned state I am (We are) the owner(s) of the real property described as follows: 3 POPPY TRAIL, ROLLING HILLS, (LOT 8-PT) CA 90274 This property is the subject of the above numbered case and conditions of approval I am (We are) aware of, and accept, all the stated conditions in said ZONING CASE NO. 762 CONDITIONAL USE PERMIT XX: SITE PLAN REVIEW XX I (We) certify (or declre)under the penalty of perjury that the foregoing is true and correct. Si n ture Name typed or printed . 6 1-91 " /-2. j L n <: / 4 Signature Name typed or printed AddressAddress City/State City/State Signatures must be acknowledged by a notary public. See Attached Exhibit "A", RESOLUTION OF APPROVAL State of California ) County of Los Angeles ) On A n a2) L. I h _ 7. 0 0 F> • before -1-) . i lI -t i\ `i � % , r )� � �) 13 ,( t:c?i Personally appeared 17, c?, c c_ -c- ti) ,n me, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/her/their authorized capacity(ies) and that by his/ her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS by hand and official seal. r/ Signature of Nota ry ...,�( Seal) • .65-4_ -k RESOLUTION NO. 2009-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A SITE PLAN REVIEW FOR GRADING AND A CONDITIONAL USE PERMIT (CUP) TO CONSTRUCT A RECREATION ROOM ON A PROPERTY DEVELOPED WITH A SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 762, AT 3 POPPY TRAIL ROAD, LOT (8-PT), (JONAS). THE PLANNING COMMISSION OF THE CTTY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. Application was duly filed by Mr. Robert Jonas with respect to real property located at 3 Poppy Trail (Lot 8-PT), Rolling Hills, requesting a Site Plan Review and Conditional Use Permit for grading and construction of an 800 square foot recreation room with 320 square foot porch and an access road thereto. Section 2. The Planning Commission conducted dulynoticed public hearings to consider the Application on September 16, 2008, October 21, 2008 (including a field trip on that date), November 18, 2008, and December 9, 2008. At the December 9, 2008 public hearing, a neighbor testified expressing concerns over landslide issues and questioned the stability of the area of the property cut for the access road. The Commission requested information from a soil and/or geological engineer regarding the stability of the area of the cut and the proposed walls. The Commission also discussed the compatibility of the recreation room with the surrounding properties and its location in relation to the main residence. The Commission then entertained a motion to approve the project, but the motion failed by a 2-2 vote. The applicant requested continuance of the deliberations on the project and agreed to provide additional information as requested by the Planning Commission. The hearing was thereafter continued to January 20, 2009. At the January 20, 2009 and February 17, 2009 meetings, the Planning Commission continued consideration of this project due to the fact that no additional information from the applicant was provided to the Planning Commission. On March 17, 2009, the Planning Commission held a further public hearing. Section 3. The applicant was notified of the above -referenced hearings in writing by first class mail. 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 at each of the hearings (except January 20 and February 1.7, when the matter was merely continued.) The applicant and the applicant's representatives were in attendance at the hearings. Section 4. At the March 17, 2009 Planning Commission meeting, the applicants' representative submitted additional information. 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 the information. The Planning Commission found that the additional information regarding stability and the recreation room is satisfactory and meet the City's Site Plan Review and Conditional Use Permit criteria based on the findings enumerated below. Section 5. The Planning Commission finds that the project qualifies as a Class 1 Exemption [State CEQA Guidelines, Section 15301(e)] and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 6. Section 17.46.020 requires a development plan to be submitted for site plan review and approval before any grading, building or structure may be constructed or any expansion, addition, alteration or repair to existing buildings may be made which involve changes to grading or an increase to the size of the building or structure by at least 1,000 square feet and has the effect of increasing the size of the building by more than twenty-five percent (25%) in any thirty-six (36) month period. The applicants submitted a Site Plan Z.C. NO. 762 1 • • application for grading and construction of an 800 square foot recreation room with 320 square foot porch, access road to the recreation room and grading quantities of 232 cubic yards of cut and 232 cubic yards of fill. With respect to the Site Plan Review application to construct a recreation room and grading, the Planning Commission makes the following findings of fact: A. The proposed development is compatible with the General Plan, the Zoning Ordinance and surrounding uses because the proposed structure complies with the General Plan requirement of low profile, low -density residential development with sufficient open space between surrounding structures. The project conforms to Zoning Code lot coverage requirements and disturbed area. The net lot area of the lot for development purposes is 96,160 square feet. The proposed recreation room with porch and the existing structures constitute 7.4% of the net lot, which is within the maximum 20% structural lot coverage requirement. The total lot coverage including all structures, paved areas and driveway will be 12.3% of the net lot, which is within the 35% maximum overall net lot coverage requirement. The proposed project will be screened from the road so as to reduce the visual impact of the development. The disturbed area of the lot will be 30.9%, which does not exceeds the 40% maximum permitted, and includes the stable. B. The development plan preserves the natural and undeveloped state of the lot by minimizing building coverage because the new structure will not cause the lot to look overdeveloped. Significant portions of the lot will be left undeveloped so as to maintain open space on the property. The project will be screened from the street and neighbors by trees and shrubs. The nature, condition, and development of adjacent uses, buildings, and structures and the topography of the lot have been considered, and the construction of the recreation room will not adversely affect or be materially detrimental to the adjacent uses, buildings, or structures because the proposed structure will be constructed on a portion of the lot which is least intrusive to surrounding properties, will be screened and landscaped with trees and shrubs, is a sufficient distance from nearby residences so that the proposed structures will not impact the view or privacy of surrounding neighbors, and will substantially utilize the existing building pad for the new construction. C. The proposed development, as conditioned, is harmonious in scale and mass with the site, the natural terrain and surrounding residences. As indicated in Paragraph A, the lot coverage maximum set forth in the Zoning Code will not be exceeded. The existing residence is relatively small in comparison to adjacent parcels and is located in the front of the lot, in front setback. The proposed recreation room will be located some distance from the residence and the lot will not look impacted by structures. D. The access road 'to the recreation room will have pervious surface, such as grass Crete, and the walls along the east side, (up slope), of the path will be obscured by the three rail fence to be installed on the lower portion of the path (west side). E. The development plan does not create large amounts of grading. Grading for this project will involve 232 cubic yards of cut and 232 cubic yards of fill and will be balanced on site. Majority of the grading was generated from the access road created in order to access the development site above the road F. The project conforms to the requirements of the California Environmental Quality Act and is exempt. Section 7. Section 17.16.210(A)(2) of the Rolling Hills Municipal Code permits approval of a recreation room under certain conditions, provided the Planning Commission approves a Conditional Use Permit. With respect to this request for a Conditional Use Permit, the Planning Commission finds as follows: A. The granting of a Conditional Use Permit for the recreation room would be consistent with the purposes and objectives of the Zoning Ordinance and Z.C. NO. 762 2 • • General Plan because the use is consistent with similar uses in the community, meets all the applicable development standards of the Zoning Ordinance and no deviations from the development standards are requested. B. The nature, condition, and development of adjacent uses, buildings, and structures have been considered, and the construction of a recreation room will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures because the recreation room is of sufficient distance from nearby residences so that the recreation room will not impact the view or privacy of surrounding neighbors. C. The project is harmonious in scale and mass with the site, the natural terrain, and surrounding residences because the recreation room complies with the low profile residential development pattern of the community and will be screened from neighbors' view. D. The proposed conditional use complies with all applicable development standards of the zone district because the 800 square foot size of the recreation room does not exceed the maximum permitted under the Municipal Code and the recreation room does not encroach into any setback areas and is not located in the front. F. The proposed conditional use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting criteria for hazardous waste facilities because the project site is not listed on the current State of California Hazardous Waste and Substances Sites List. F. The proposed conditional use observes the spirit and intent of Title 17 of the Zoning Code because the proposed project meets all of the development standards of the Zoning Regulations and has an existing stable, corral and access. Proposed grading is minimal for this project. and the structure will be screened from adjacent properties and is not obtrusive to neighbors. Section 8. Based upon the foregoing findings and the evidence in the record, the Planning Commission hereby approves a Site Plan Review and Conditional Use Permit for an 800 square foot recreation room with 320 square foot porch and 232 cubic yards of cut and 232 cubic yards of fill in accordance with the development plan dated March 16, 2009 and in Zoning Case No. 762. subject to the following conditions: A. The Site Plan and Conditional Use Permit approval shall expire within six months from the effective date of this approval if construction pursuant to this approval has not commenced within that time period, as required by Sections 17.46.080(A) and 17.42.070(A) of the Rolling Hills Municipal Code. B. It is declared and made a condition of the approval, that if any conditions thereof are violated, this approval shall be suspended and the privileges granted hereunder shall lapse; provided that the applicants have been given written notice to cease such violation, the opportunity for a hearing has been provided, and if requested, has been held, and thereafter the applicant fails to correct the violation within a period of thirty (30) days from the date of the City's determination. C. All requirements of the Building and Construction Ordinance, the Zoning Ordinance, and of the zone in which the subject property is located must be complied with unless otherwise set forth in the Permit, or shown otherwise on an approved plan, including the following conditions: a. The recreation room must be developed on the same recorded lot as the main h b. setback. c. square leet. ouse. The recreation room shall not be located in the front yard or any The maximum size of such structure shall not exceed eight hundred Z.C. NO. 762 3 • • d. No kitchen or other cooking facilities shall be permitted. e. No sleeping quarters shall be permitted. D. The property shall be developed in accordance with the recommendations specified by the applicant's soils and geology consultants in reports titled "Soils Engineering Investigation", dated February 20, 2009 and in "Updated Geologic Report" dated February 16, 2009 and as approved by the Los Angeles County Public Works Department. Further, as recommended in the report, should the construction not commence within six months from the Soils report, (if extension is granted pursuant to condition A above), the site shall be observed and the report reviewed to consider possible changed conditions. Such report shall be submitted to the City Planning Department and to Los Angeles County for review. The County of Los Angeles shall review and approve soils, geology, grading and structural development and the construction shall be in accordance with County's approvals and requirements. E. Grading shall not exceed 232 cubic yards of cut and 232 cubic yards of fill, which includes the already conducted grading for the access road and pad for the recreation room. No additional grading quantities shall be allowed. Grading quantities must be balanced on site. F. The working drawings submitted to the County Department of Building and Safety for plan check review and issuance of permits must conform to the development plan approved with this application. In addition, prior to submittal of final plans to the Building Department for issuance of building permits, the plans for the project shall be submitted to staff for verification that the final plans are in compliance with the plans approved by the Planning Commission, on file in the Planning Department dated March 16, 2009. G. Structural lot coverage shall not exceed 7,002 square feet or 7.4% in conformance with structural coverage requirements. H. Total lot coverage of structures and paved areas shall not exceed 11,683 square feet or 12.3% in conformance with lot coverage limitations. I. The disturbed area of the lot shall not exceed 29,440 square feet or 30.9% of the net lot area in conformance with lot disturbance limitations. J. Residential building pad coverage on the existing 4,480 square foot residential building pad shall not exceed 112%, which is existing and will not change with this application; coverage on the 3,360 square foot stable pad shall not exceed 19.6%, which is existing; coverage on the new 3,600 square foot recreation room pad shall not exceed 1,040 square feet or 28.9%, which includes the recreation room and portion (240 sq.ft.) of the covered porch. K. Utility lines to the recreation room shall be placed underground. L. The retaining wall along the access road on the eastern side shall not exceed 3 feet in height from the finished grade. A not to exceed one -foot wall along the downhill of the access road may be constructed. A three rail fence, or railing approved by the RIICA Architectural Committee shall be constructed along the western (downhill) side of the access road. The retaining wall in the rear of the recreation room shall not exceed 5-feet in height from the finished grade. M. The access road to the recreation room shall not exceed 10 feet in width, as measured across from inside surfaces of the walls. The surface of the access road to the recreation room shall be covered with grass -Crete or similar pervious material. N. The roof material for the recreation room shall be of Class "A" construction and Class "A" material, and shall be approved by the RHCA. Z.C. NO. 762 4 • • O. An, adequate area exists for a stable and corral and may not be graded or constructed upon, except for expansion of the stable and corral. if grading would be required for stable expansion, Planning Commission approval would be required. Conversion of the stable to other uses is prohibited. 1'. The recreation room shall be screened from the street and nearby properties by trees and shrubs. Prior to obtaining a grading or a building permit, two copies of a landscaping plan for screening of the structure and for the graded areas surrounding the recreation room and the access road, shall be submitted to the Planning Department for review and approval. Landscaping shall be designed using native trees and shrubs so as not to obstruct views of neighboring properties but to screen the project. The trees at maturity shall not exceed the height of the roofline of the structure and shall be maintained at that height at all times. Landscaping shall include water efficient irrigation that incorporates low gallonage irrigation system, utilizes automatic controllers, incorporates an irrigation design using "hydrozones," considers slope factors and climate conditions, and utilizes means to reduce water waste resulting from runoff and overspray. Within three months of completion of the construction, the slopes shall he planted and maintained with a suitable deep-rooted ground cover. During construction protection of slopes shall he provided in a form of a jute mesh or suitable geofabrics. Q. Conformance with the air quality management district requirements, stormwater pollution prevention practices, county and local ordinances and engineering practices shall he required, so that people or property are not expos:, d to undue vehicle trips, noise, dust, and objectionable odors. R. Should it be required by the Los Angeles County Building and Safety Department, an Erosion Control Plan containing the elements set forth in Section 7010 of the 2008 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. S. During construction all parking shall take place on the project site and, if necessary, arty overflow parking shall take place within nearby roadway easements. T. 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. U. Staff shall request that the County's review and. analysis of the factor of stability for this project take into consideration weight of construction trucks and vibration that will result from such trucks and from construction activities, and that the County staff set a standard for weight and type of trucks that should be utilized. The applicant shall comply with County's recommendations as to the type and weight of trucks to be used during construction of this project. The construction and material delivery trucks shall . be of such size as not to damage the access road and must be able to utilize the existing access road of 10 feet in width. Widening of the access road is prohibited. V. The property owners shall be required to conform to the Regional Water Quality Control Board and County Health Department requirements for the installation and maintenance of septic tank, if required for the recreation room. Z.C. NO. 762 5 • • W. 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. X. The property owners shall be required to conform to the Regional Water. Quality Control Board and County Public Works Department Best Management Practices (BMP's) related to solid waste. Y. The property owners shall be required to conform to the City of Rolling Hills Outdoor Lighting Standards Ordinance. Z. Drainage plan for the project shall be reviewed and approved by the County Building and Safety Department. The drainage shall be designed to include all water discharge from the site's irrigation system and to assure that all drainage from the site is conveyed in an approved manner to the street and not cause erosion of the slopes. No drain structure shall be located in easements, unless approved by the Rolling Hills Community Association. The drainage swales, drain inlets and downdrains shall be kept free of soil, vegetation and debris at all times. Drainage swales shall be of earth tone color to blend in with the natural environment. AA. Perimeter easements and Sleepy Hollow trail shall remain free and clear of any improvements including, but not be limited to, fences -including construction fence, landscaping, irrigation and drainage devices, play equipment, parked vehicles, building materials, debris and equipment., except that the Rolling Hills Community Association may approve certain encroachments. AB. The limits of grading and the limit of the rear setback line in the vicinity of the project shall be staked, and kept staked throughout the entire construction process. AC. The project must be reviewed and approved by the Rolling Hills Community Association Architectural Review Committee. AD. A minimum of 50% of the construction and demolition material shall be recycled and verification submitted to the City. A hauling permit shall be obtained from the City by the construction/demolition hauler. AE. In conjunction with preparation of plans and submittal of plans for plan check for the recreation room and grading for the access road, the applicant shall prepare plans and obtain approvals and building permit from the City, Rolling Hills Community Association and LA County Building and Safety Department for the unauthorized wall constructed behind the cabana. AF. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills Municipal Code, any modification to this project or to the property, which would constitute additional structural development, grading or additional excavation of dirt and any modification including, but not be limited to retaining walls, drainage devices, pad elevation and any other deviation from the approved plan, shall require the filing of a new application for approval by the Planning Commission. AG. Until the applicant executes an Affidavit of Acceptance of all conditions of the Site Plan Review and Conditional Use Permit, and such affidavit is recorded together with this resolution, the approval shall not be effective. AH. 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. Z.C. NO. 762 6 • • AI. All conditions of the Site Plan Review and Conditional Use approvals, that apply, shall be complied with prior to the issuance of building permits by the County of Los Angeles. PASSED, APPROVED AND ADOPTED THIS 17th DAY OF MARCH 2009. CHARD HENKE, CHAIRMAN ATTEST: 4fadt LIU) HEIDI LUCE, INTERIM DEPUTY CITY CLERK Z.C. NO. 762 7 • • STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS I certify that the foregoing Resolution No. 2009-02 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A SITE PLAN REVIEW FOR GRADING AND A CONDITIONAL USE PERMIT (CUP) TO CONSTRUCT A RECREATION ROOM ON A PROPERTY DEVELOPED WITH A SINGLE FAMILY RESIDENCE IN ZONING CASE NO.762, AT 3 POPPY TRAIL ROAD, LOT (8-PT), (JONAS). was approved and adopted at a regular meeting of the Planning Commission on MARCH 17, 2009 by the following roll call vote: AYES: Commissioners Smith, Witte, Vice Chairwoman DeRoy and Chairman Henke. NOES: None. ABSENT: None. ABSTAIN: Commissioner Pieper. and in compliance with the laws of California was posted at the following: Administrative Offices. chit-e woo DEPUTY CITY CLERK Z.C. NO. 762 8