0877RESOLUTION NO. 877
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS
GRANTING A CONDITIONAL USE PERMIT TO CONSTRUCT A GUEST HOUSE,
GRANTING A CONDITIONAL USE PERMIT TO CONSTRUCT A SPORTS COURT,
AND GRANTING SITE PLAN REVIEW APPROVAL TO PERMIT THE
CONSTRUCTION OF THE GUEST HOUSE, RETAINING WALLS, AND SPORTS
COURT THAT REQUIRE GRADING AT A SINGLE FAMILY RESIDENCE IN
ZONING CASE NO. 599.
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY FIND,
RESOLVE AND ORDER AS FOLLOWS:
Section 1. Applications were duly filed by Mr. and Mrs. Joseph S. Gregorio with
respect to real property located at 16 Eastfield Drive, Rolling Hills (Lot 68 -B -EF) requesting a
Conditional Use Permit to permit the construction of an 800 square foot guest house,
requesting a Conditional Use Permit to permit the construction of a 5,111 square foot sports
court, and requesting Site Plan Review to permit the construction of the guest house, a 128 -
foot long retaining wall, and sports court that will require grading at an existing single family
residence. During the Planning Commission hearing process, a regulation -sized 7,000 square
foot tennis court was proposed to replace the aforementioned tennis court, a 169 -foot long
retaining wall to replace the previous retaining wall, and the following three Variances were
also requested: (i) Variance to exceed the maximum structural lot coverage, (ii) Variance to
exceed the maximum total lot coverage, and (iii) Variance to exceed the maximum disturbed
area. Later, during the City Council hearing process, the applicants reduced the court size
from 7,000 square feet to its original dimensions of 5,111 square feet, and eliminated the need
for the Variances to exceed the maximum structural lot coverage, total lot coverage and
maximum disturbed. area.
Section 2. The Planning Commission conducted a duly noticed public hearing to
consider the applications on September 21, 1999, October 19, 1999 and November 16, 1999, and
at a field trip visit on October 12, 1999. The applicants were notified of the public hearing in
writing by first class mail and through the City's newsletter. Evidence was heard and
presented from all persons interested in affecting said proposal and from members of the City
staff and the Planning Commission having reviewed, analyzed and studied said proposal. The
applicants were in attendance at the hearing. The following concerns were expressed by the
Commission and nearby property owners: Zoning Code requirements for recreation courts
and site specific issues pertaining to landscaping and views.
Section 3. On December 21, 1999, the Planning Commission approved the
application by Resolution No. 99-19 in Zoning Case No. 599.
Section 4. On January 10, 2000, the City Council took jurisdiction of Zoning Case
No. 599.
Section 5. The City Council conducted a duly noticed public hearing to consider the
case on January 24, 2000, February 14, 2000 and February 28, 2000, and at a field trip visit on
February 9, 2000. The applicants were notified of the public hearing in writing by first class
mail and through the City's newsletter. Evidence was heard and presented from all persons
interested in affecting said proposal, from all persons protesting the same, and from members
of the City staff and the City Council having reviewed, analyzed and studied said proposal.
The applicants were in attendance at the hearings. The following concerns were expressed by
the Council: The number of Variances requested, Zoning Code requirements for recreation
courts and the height of retaining walls incorporated into the project. During the hearing
process,'the applicants reduced the court size from 7,000 square feet to its original dimensions
of 5,111 square feet, thus eliminating the need for the Variances to exceed the maximum
structural lot coverage, total lot coverage and maximum disturbed area.
Section 6. On September 1, 1999, 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 measures were included in the project. A Mitigated Negative
Declaration was prepared with those mitigation measures and was circulated to the applicant
and other interested parties in accordance with State of California CEQA Guidelines. The
public notice of the Planning Commission's intent to recommend approval of the Mitigated
Negative Declaration was published on November 6, 1999. Copies of the Mitigated Negative
Declaration were sent to adjacent cities and other government agencies. No comments on the
Mitigated Negative Declaration were received.
Section 7. The City Council has reviewed the proposed Negative Declaration and finds
that it represents the independent judgment of the City and that it was prepared in compliance
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with CEQA. Therefore, the Council finds that although the proposed project could have a
significant effect on the environment, there will not be a significant effect in this case because
mitigation measures have been added to the project, and are incorporated therein by
reference. Based upon these findings, the City Council hereby adopts the Mitigated Negative
Declaration in accordance with the California Environmental Quality Act.
Section 8. Section 17.16.210(A)(5) of the Rolling Hills Municipal Code permits
approval for a guest house under certain conditions provided a Conditional Use Permit for
such use is approved by the City Council. The applicants are requesting to construct an 800
square foot guest house at the central portion of the lot. With respect to this request for a
Conditional Use Permit, the City Council finds as follows:
A. The granting of a Conditional Use Permit for the construction of a guest house
would be consistent with the purposes and objectives of the Zoning Ordinance and General
Plan and will be desirable for the public convenience and welfare because the use is consistent
with similar uses in the community, and the area proposed for the guest house would be
located in an area on the property where such use will not change the existing configuration of
structures on the lot.
B. The nature, condition, and development of adjacent uses, buildings, and
structures have been considered, and the construction of a guest house will not adversely
affect or be materially detrimental to these adjacent uses, buildings, or structures because the
proposed guest house will be constructed at the central portion of the lot and is a sufficient
distance from nearby residences so that the guest house 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 guest house will comply with the low profile residential
development pattern of the community and is located on a 1.98 acre parcel of property that is
adequate in size, shape and topography to accommodate such use.
D. The proposed conditional use complies with all applicable development
standards of the zone district because the 800 square foot size of the guest house -equals the
800 square foot maximum permitted and the guest house does not encroach into any setback
areas.
E. The proposed conditional use is consistent with the portions of the Los Angeles
County Hazardous Waste Management Plan relating to siting and siting criteria for hazardous
waste facilities because the project- site is- not listed on the current State of California
Hazardous Waste and Substances Sites List.
F. The proposed conditional use observes the spirit and intent of Title 17 of the
Zoning Code because a stable structure and adjacent corral will be located at the eastern -most
portion of the lot.
Section 9. Based upon the foregoing findings, the City Council hereby approves a
Conditional Use Permit for the construction of an 800 square foot guest house in accordance
with the development plan dated February 23, 2000 and marked Exhibit A in Zoning Case No.
599 subject to the conditions contained in Section 14 of this Resolution.
Section 10. Section 17.16.210(A)(7) of the Rolling Hills Municipal Code allows for the
construction of a sports court with certain conditions provided a Conditional Use Permit for
such use is approved by the City Council. The applicants are requesting to construct a 5,111
square foot sports court east of the guest house. With respect to this request for a Conditional
Use Permit, the City Council finds as follows:
A. The granting of a Conditional Use Permit for the construction of a sports court
would be consistent with the purposes and objectives of the Zoning Ordinance and General
Plan and will be desirable for the public convenience and welfare because the use is consistent
with similar and appropriately located uses in the community, and the area proposed for the
sports court would be located in an area on the property that is on a second pad below the
residential building pad.
B. The nature, condition, and development of adjacent uses, buildings, and
structures have been considered, and the construction of a 5,111 square foot sports court will
not adversely affect or be materially -detrimental to these adjacent uses, buildings, or
structures because the proposed sports court will be constructed on a portion of the secondary
building pad, will, be the least intrusive to surrounding properties, will be screened and
landscaped with mature trees and shrubs, is a sufficient distance from nearby residences so
that the sports court will not impact the view or privacy of surrounding neighbors, will
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improve slope stability through the use of approved drainage, will accommodate recreation
for the owners and their children, and will permit the owners to enjoy their property without
deleterious infringement on the rights of surrounding property owners.
C. The project is harmonious in scale and mass with the site, the natural terrain, and
surrounding residences because the spggt .court;w ll ,comply with the low profile residential
development pattern of the community and is located on a 1.98 acre parcel of property that is
adequate in size, shape and topography to accommodate such use.
D. The proposed conditional use complies with all applicable development
standards of the zone district because the graded area will not exceed a maximum graded area
of 10,000 square feet and does not exceed maximum cubic yardage of 750 cubic yards as the
applicants propose approved drainage.
E. The proposed conditional use is consistent with the portions of the Los Angeles
County Hazardous Waste Management Plan related to siting and siting criteria for hazardous
waste facilities because the project site is not listed on the current State of California
Hazardous Waste and Substances Sites List.
F. The proposed conditional use observes the spirit and intent of Title 17 of the
Zoning Code because a stable structure and adjacent corral will be located at the eastern -most
portion of the lot.
Section 11. Based upon the foregoing findings, the City Council hereby approves the
request for a Conditional Use Permit in Zoning Case No. 599 for a proposed 5,111 square foot
sports court, as shown on the Development Plan dated February 23, 2000 and marked Exhibit
A, subject to the conditions contained in Section 14 of this Resolution.
Section 12. Section 17.46.030 requires a development plan to be submitted for site
plan review and approval before any grading requiring a grading permit or any building or
structure may be constructed or any expansion, addition, alteration or repair to existing
buildings may be made which involve changes to grading or an increase to the size of the
building or structure by at least 1,000 square feet and has the effect of increasing the size of the
building by more than twenty-five percent (25%) in any thirty-six (36) month period. With
respect to the Site Plan Review application requesting construction of the guest house,
retaining wall, sports court and grading at an existing single family residence, the City Council
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 structures comply 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 setback and lot
coverage requirements. The lot has a net square foot area of 66,967 square feet. The existing
residence (5,264 sq.ft.), garage (787 sq.ft.), swimming pool (881 sq.ft.), proposed guest house
(800 sq.ft.), proposed sports court (5,111 sq.ft.), service yard (100 sq.ft.), and future stable (450
sq.ft.) will have 13,393 square feet which constitutes 20.07o of the lot. The total lot coverage
including paved areas and driveway will be 23,433 square feet which equals 34.917o of the lot.
The maximum disturbed area proposed is 26,500 square feet or 39.67o. The building pad
coverage for the 22,570 square foot residential building pad is 30.77o, the coverage on the
proposed 8,014 square foot guest house and sports court pad is 76.27o, building pad coverage
proposed for the future 1;265 square foot stable- pad will be 357o, and the total building pad
coverage will be 42.17o. The proposed project is on a relatively large lot that has a gentle slope
with most of the proposed structures located below the road so as to reduce the visual impact
of the development. The proposed project is screened from the road so as to reduce the visual
impact of the development.
B. The project substantially preserves the natural and undeveloped state of the lot by
minimizing building coverage. The nature, condition, and development of adjacent uses,
buildings, and structures and the topography of the lot which has a gentle slope have been
considered, and the construction of an 800 square foot guest house; a 3 -foot high, 145 -foot
long retaining wall separating the guest house and sports court; a 3.5 -foot high, 82 foot long
retaining wall; and a 5,111 square foot sports court will not adversely affect or be materially
detrimental to these adjacent uses, buildings, or structures because the proposed court will be
constructed on a portion of the secondary building pad, will be the least intrusive to
surrounding properties, will be screened and landscaped with mature trees and shrubs, is a
sufficient distance from nearby residences so that the sports court will not impact the view or
privacy of surrounding neighbors, will improve slope stability through the use of approved
drainage, will accommodate recreation for the owners and their children, and will permit the
owners to enjoy their property without deleterious infringement on the rights of surrounding
property owners.
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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 proposed project is consistent with the scale of the neighborhood when
compared to this long, narrow gently sloping lot. The ratio of the proposed structures to lot
coverage is similar to the ratio found on several properties in the vicinity.
D. The development plan incorporates existing large trees and native vegetation to
the maximum extent feasible. Specifically, the development plan preserves several mature
trees and shrubs and supplements it with landscaping that is compatible with and enhances the
rural character of the community.
E. The development plan substantially preserves the natural and undeveloped state
of the lot by minimizing building coverage because the new structures will not cause the lot to
look overdeveloped. Significant portions of the lot will be left undeveloped so as to maintain
scenic vistas across portions of the property. Although the proposed structures are located in
the rear yard, they will not effect a change to the existing residence. The development plans as
proposed will minimize impact on Eastfield Drive. The structures proposed will not be visible
from Eastfield Drive. Significant portions of the lot will be left undeveloped so as to maintain
scenic vistas across portions of the property.
F. The development plan follows natural contours of the site to minimize grading
and the natural drainage courses will continue at the east side (rear) of this lot.
G. The development plan preserves surrounding native vegetation and mature
trees and supplements these elements with drought -tolerant landscaping which is compatible
with and enhances the rural character of the community, and landscaping provides a buffer or
transition area between private and public areas.
H. The proposed development is sensitive and not detrimental to the convenience
and safety of circulation for pedestrians and vehicles because the proposed project will utilize
an existing driveway at the southwestern portion of the property off Eastfield Drive for access.
I. The project conforms with the requirements of the California Environmental
Quality Act with the incorporation of mitigation measures to the project that are incorporated
within this Resolution.
Section 13. Based upon the foregoing findings, the City Council hereby approves the
Site Plan Review application for Zoning Case No. 599 for proposed structures as shown on the
Development Plan dated February 23, 2000 and marked Exhibit A, subject to the conditions
contained in Section 17 of this Resolution.
Section 14. The Conditional Use Permits regarding the 800 square foot guest house
and 5,111 sports court approved in Section 9 and 11, and the Site Plan Review approved in
Section 13 of this Resolution are subject to the following conditions:
A. The Conditional Use Permits and Site Plan Review approvals shall expire within
one year from the effective date of approval as defined in Sections 17.42.070(A) and
17.46.080(A) unless otherwise extended pursuant to the requirements of those sections.
B. It is declared and made a condition of the Conditional Use Permits and Site Plan
Review approvals, that if any conditions thereof are violated, this approval shall be suspended
and the privileges granted thereunder 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 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 the Permit, or shown otherwise on an approved plan.
D. The lot shall be developed and maintained in substantial conformance with the
site plan on file marked Exhibit A and dated February 23, 2000, except as otherwise provided
in these conditions.
E. The property on which the project is located shall contain an area of sufficient
size to also provide an area meeting all standards for a stable and corral with vehicular access
thereto in conformance with site plan review and recreation court limitations.
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F. Structural lot coverage shall not. exceed 13.393 square feet or 20.0% in
conformance with lot coverage requirements.
G. Total lot coverage of structures and paved areas shall not exceed 23,433 square
feet or 34.97o in conformance, with lot coverage requirements.
H. The disturbed area of the lot shall not exceed 26,500 square feet or 39.67o in
conformance with lot coverage requirements.
I. Residential building pad coverage on the 22,570 square foot residential building
pad shall not exceed 6,932 square feet or 30.7%, coverage on the 8,014 square foot guest house
and sports court pad shall not exceed 7,760 square feet or 76.217o, coverage on the 1,265 square
foot stable and corral pad shall not exceed 450 square feet or 35% and total building pad
coverage shall not exceed 42.1%.
J. The guest house shall not exceed 800 square feet and the surface of the sports
court shall not exceed 5,111 square feet in area. The location of the guest house and sports
court shall be as depicted on the Development Plan dated
February 23, 2000 and marked Exhibit, A.
K. Balanced cut and fill for the sports court shall not exceed 750 cubic yards in
accordance with grading limitations.
L. The prepared or graded area shall not exceed 10,000 square feet in accordance
with grading limitations.
M. Grading shall not exceed 310 cubic yards of cut soil and 410 cubic yards of fill soil
(750 cubic yards maximum). Grading for the guest house will require 125 cubic yards of cut soil
and 25 cubic yards of fill soil. The total grading shall be balanced for a total cut of 435 cubic
yards and a total fill of 435 cubic yards and any soil preparation for the guest house and sports
court shall preserve the existing topography, flora, and natural features to the greatest extent
possible.
N. The 145 foot long retaining walls separating the guest house from the sports
court shall not exceed 3 feet in height. The 82 foot long retaining walls 5 feet west of the guest
house shall not exceed 3.5 feet in height.
O. The floor area of the guest house shall not exceed 800 square feet.
P. No kitchen or other cooking facilities shall be provided within the guest house.
Q. No vehicular access or paved parking area shall be developed within 50 feet of
the guest house.
R. Occupancy of the guest house shall be limited to persons employed on the
premises and their immediate family or by the temporary guest of the occupants of the main
residence. No guest may remain in occupancy for more than 30 days in any six month period.
S. Renting of the guest house is prohibited.
T. Sports court lighting shall not be permitted.
U. The sports court shall be screened with 6 foot high fencing on all four sides.
V. The sports court shall be screened on all four sides with drought -resistant mature
trees and shrubs such as Toyon and Lemonadeberry and shall not exceed 8 feet in height.
Landscape screening shall not include Eucalyptus or Pine trees.
W. Noise from sports court use shall not create a nuisance to owners of surrounding
properties.
X. The loft area of the stable shall have no glazed windows.
Y. 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.
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Z. Two copies of a preliminary landscape plan must be submitted for review by the
Planning Department and include native drought -resistant vegetation that will not disrupt the
impact of the views of neighboring properties prior to the issuance of any building or grading
permit. The landscaping plan submitted must comply with the purpose and intent of the Site
Plan Review Ordinance, shall incorporate existing mature trees and native vegetation, and
shall utilize to the maximum extent feasible, plants that are native to the area and/or
consistent with the rural character of the community.
A bond in the amount of the cost estimate of the implementation of the landscaping plan plus
1570 shall be required to be posted prior to issuance of a drainage, grading and building
permit and shall be retained with the City for not less than two years after landscape
installation. The retained bond will be released by the City Manager after the City Manager
determines that the landscaping was installed pursuant to the landscaping plan as approved,
and that such landscaping is properly established and in good condition.
AA. Landscaping shall be designed using mature trees and shrubs so as not to
obstruct views of neighboring properties but, to obscure the sports court.
AB. 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.
AC. During construction, conformance with local ordinances and engineering practices
so that people or property are not exposed to landslides, mudflows, erosion, or land
subsidence shall be required.
AD. 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.
AE. During and after construction, all soil preparation, drainage, and landscape
sprinklers shall prevent water from permeating the guest house and sports court building pad,
protect the building pad from erosion, and direct surface water to the rear of the lot at the
east.
AF. During construction, the Erosion Control Plan containing the elements set forth in
Section 7010 of the 1996 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.
AG. During construction, in the event that subsurface material of an archaeological,
paleontological or other cultural resource is encountered during project grading or
development, all grading and construction shall cease in the immediate area, and the find shall
be left untouched until a qualified professional archaeologist or paleontologist, whichever is
appropriate, is contacted and called in to evaluate the find and makes recommendations as to
disposition, mitigation or salvage. The developer shall incur the cost of such professional
investigation. The developer shall comply with the mitigation measures recommended and
approved by the City for the disposition, mitigation or salvage of such material.
AH. During and after construction, all parking shall take place on the project site.
Al. 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.
AJ. The drainage plan system shall be modified and approved by the Planning
Department and City Engineer, to include any water from any site irrigation systems as well
as sports court runoff, and that all drainage from the site shall be conveyed in an approved
manner to the rear or east of the lot.
AK. An Erosion Control Plan containing the elements set forth in Section 7010 of the
1996 County of Los Angeles Uniform Building Code shall be prepared to minimize erosion
and to protect slopes and channels to control stormwater pollution as required by the County
of Los Angeles.
AL. The property owners shall be required to conform with the Regional Water
Quality Control Board and County Health Department requirements for the installation and
maintenance of stormwater drainage facilities.
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AM. 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.
AN. A detailed drainage plan that conforms to the development plan as approved by
the City Council must be submitted to;the: Rolling Hills," 1A,nriing Department staff for their
review.
AO. 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.
AP. 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.
AQ. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills
Municipal Code, any modifications to the project which would constitute additional
grading or structural development shall require the filing of a new application for
approval by the Planning Commission.
AR. 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 City Council
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.
AS. The applicants shall execute an Affidavit of Acceptance of all conditions of these
Conditional Use Permit and Site Plan Review approvals, pursuant to Section 17.42.060, or the
approval shall not be effective.
AT. All conditions of these Conditional Use Permit and Site Plan Review approvals
must be complied with prior to the issuance of a building or grading permit from the County
of Los Angeles.
PASSED, APPROVED AND ADOPTED THIS 13
ATTEST:
Ma
MARILYNRN
DEPUTY CITY CLERK
Resolution No. 877
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071-4 i ORE
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0111
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ��
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 877 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS
GRANTING A CONDITIONAL USE PERMIT TO CONSTRUCT A GUEST HOUSE,
GRANTING A CONDITIONAL USE PERMIT TO CONSTRUCT A SPORTS COURT,
AND GRANTING SITE PLAN REVIEW APPROVAL TO PERMIT THE
CONSTRUCTION OF THE GUEST HOUSE, RETAINING WALLS, AND SPORTS
COURT THAT REQUIRE GRADING AT A SINGLE FAMILY RESIDENCE IN
ZONING CASE NO. 599.
was approved and adopted at a regular meeting of the City Council on March 13, 2000 by the
following roll call vote:
AYES: Councilmembers Hill, Lay, Murdock, and
Mayor Pro Tem Pernell.
NOES: None.
ABSENT: Mayor Heinsheimer.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
MARILYN L. KIERN
DEPUTY CITY CLERK
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