0971RESOLUTION NO. 971
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS
GRANTING APPROVAL OF A SITE PLAN REVIEW FOR GRADING AND
CONSTRUCTION OF A NEW RESIDENCE TO REPLACE AN EXISTING
RESIDENCE AND A VARIANCE TO EXCEED THE MAXIMUM PERMITTED
DISTURBED NET LOT AREA IN ZONING CASE NO. 689 AT 12 SOUTHFIELD
DRIVE, (LOT 35 -SF) (PATEL).
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY FIND,
RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was duly filed by Mr. and Mrs. Mahesh Patel with respect
to real property located at 12 Southfield Drive, (Lot 35 -SF), Rolling Hills, CA requesting a Site
Plan Review to permit grading and construction of a new 5,080 square foot single family
residence, 748 square foot garage and a 450 square foot future stable. A 3,480 square foot
basement is also proposed. The existing 820 square foot swimming pool, 63 square foot spa
and service yard will remain on the site.
Section 2. The Planning Commission conducted duly noticed public hearings to
consider the application on June 15, July 20, 2004 and at a field trip visit on June 15, 2004. At
the July meeting the applicants requested time to revise their proposal. Additional public
hearing to consider the revised plan was held on August 17, 2004 and at a second field trip on
September 14, 2004. The applicants and their representatives were in attendance at the
hearings. The Planning Commission approved the project by a 4-1 vote.
Section 3. At the September 27, 2004 City Council meeting the Council took
jurisdiction of Zoning Case No. 689.
Section 4. The City Council conducted duly noticed public hearings to consider the
application on October 25, 2004, November 22, 2004 and at a field trip on November 3, 2004.
The applicants were notified of the public hearing in writing by first class mail and were in
attendance. Evidence was heard and presented from all persons interested in affecting said
proposal, and from members of the City staff and the City Council having reviewed, analyzed
and studied said proposal.
Section 5. During the public hearing process and at the field trip, members of the
City Council expressed concerns about the size of the project, grading quantity, necessity for
walls and disturbed area. At the November 22, 2004 public hearing the applicant submitted
revised site plan based on Councilmembers comments.
Section 6. The property is zoned RAS -1 and is 1.21 acres (gross) in size and 0.87 acres
net. The existing residence will be demolished. The existing driveway will remain.
Section 7. The City Council finds that the project qualifies as a Class 3 Exemption
(The State of CA Guidelines, Section 15303) and is therefore categorically exempt from
environmental review under the California Environmental Quality Act.
Section 8. 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 new house, 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 setback and lot
coverage requirements, except for the maximum disturbed area, as approved by a Variance.
The net lot area of the lot is 38,173 square feet, (0.87 acres). The proposed residence (5,080
sq.ft.), garage (748 sq.ft.), service yard (96 sq.ft.), existing swimming pool (820 sq.ft.), existing
spa (63 sq.ft.) and future stable (450 sq.ft.) will have 7,257 square feet of structures, which
constitutes 19.0% of the net lot which is within the maximum 20% structural lot coverage
requirement. A 3,480 square foot basement is proposed for this development The total lot
coverage including all structures, paved areas and driveway will be 12,531 square feet, which
constitutes 32.8% of the net lot which is within the 35% maximum overall net lot coverage
requirement. The proposed project is screened from the road so as to reduce the visual impact
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of the development. The disturbed area of the lot will be 48.8%, which includes the stable,
which is less than currently is disturbed. Currently the existing development exceeds the
allowable disturbance and is 55.5% of the net lot area.
B. The development plan substantially 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 nature, condition, and development of adjacent uses,
buildings, and structures and the topography of the lot have been considered, and the
construction of the new house 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 the 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 structure 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, except as approved
by the Variance, and the proposed project is consistent with the scale of the neighborhood.
D. The development plan incorporates existing trees and native vegetation to the
maximum extent feasible. Specifically, the development plan preserves dense brush and
shrubs and supplements it with landscaping that is compatible with and enhances the rural
character of the community.
E. The development plan follows natural contours of the site to minimize grading
and retain the natural drainage courses. Grading for this project will involve 1,232 cubic yards
of cut and 1,232 cubic yards of fill and will be balanced on site. Most of the soil will be
generated by excavation of the basement.
F. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because access will
remain from Southfield Drive.
G. The project conforms to the requirements of the California Environmental
Quality Act and is exempt.
Section 9. Based upon the foregoing findings, the City Council hereby approves the
Site Plan Review application for Zoning Case No. 689 for grading and for construction of a
new residence, as shown on the Development Plan dated November 17, 2004, and marked
Exhibit A, subject to the conditions contained in Section 12 of this Resolution.
Section 10. 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. With respect to this request for a Variance for lot disturbance of 48.8%,
the City Council 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 the
existing disturbance already exceeds the maximum permitted and the project proposes to
lessen the hardscape features and bring a portion of the currently disturbed areas to natural
state.
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 existing conditions of the
lot. The lot was previously graded and the proposal calls for lessening the disturbed areas.
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 development will occur within required setbacks, and will be
adequately screened to prevent adverse visual impact to surrounding properties.
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Section 11. Based upon the foregoing findings and the evidence in the record, the City
Council hereby approves the Variance for Zoning Case No. 689 to permit a disturbed area of
18,640 square feet or 48.8%, subject to the conditions specified in Section 12 of this Resolution.
Section 12. The Site Plan review request to construct a new house, garage and a future
stable approved in Section 9 and the Variance request to exceed the maximum permitted
disturbance of the lot approved in Section 11 of this Resolution are subject to the following
conditions:
A. The Site Plan review and the Variance approvals shall expire within one year
from the effective date of approval if construction pursuant to these approvals has not
commenced within that time period, as required by Sections 17.46.080(A) and 17.38.070(A) of
the Rolling Hills Municipal Code, or the approvals granted are otherwise extended pursuant
to the requirements of these sections.
B. It is declared and made a condition of the Variance and Site Plan Review
approvals, 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 Code, 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. This approval shall be subject to the approval of the soils, geology
and geotechnical reports and studies by the Los Angeles County Department of Public Works.
E. The lot shall be developed and maintained in substantial conformance
with the site plan on file marked Exhibit A and dated November 17, 2004, except as
otherwise provided in these conditions.
F. The working drawings submitted to the County Department of Building and
Safety for plan check review must conform to the development plan approved with this
application.
G. The basement shall not exceed 3,480 square feet and all requirements for the
basements shall be met subject to Section 17.20.020 of the City of Rolling Hills Zoning Code
and the Los Angeles County Building Code.
H. The future stable shall conform to all of the requirements of Sections 17.16.170
and 17.16.200 of the Zoning Code.
I. Grading shall not exceed 1,232 cubic yards of cut and 1,232 cubic yards of fill and
shall be balanced on site.
J. Structural lot coverage shall not exceed 7,257 square feet or 19% of the net lot
area of the lot.
K. Total lot coverage of structures and paved areas shall not exceed 12,531 square
feet or 32.8% in conformance with lot coverage limitations.
L. The disturbed area of the lot shall not exceed 18,640 square feet or 48.8% of the net
lot area in conformance with the Variance approval.
M. Residential building pad coverage on the 23,520 square foot residential building
pad shall not exceed 6,807 square feet or 28.9%; the future stable coverage shall not exceed
45.0% on a separate pad.
N. The ridge height of the residence shall not exceed 15.6 feet from the finished
floor.
O. The area shown on the Development Plan, marked Exhibit A dated November
17, 2004 as "LANDSCAPED, NOT TO.BE DISTURBED" shall remain undisturbed and shall
not be covered by impervious surface.
P. Landscaping shall include water efficient irrigation, to the maximum extent
feasible, that incorporates a low gallonage irrigation system, utilizes automatic controllers,
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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.
Q. All graded areas and the area designated as landscaped area on the Development
Plan dated November 17, 2004, shall be landscaped. Landscaping in connection with this
project shall be designed using native shrubs and mature trees, which at full maturity shall not
exceed the ridge height of the residence, and which will not obstruct views of neighboring
properties. Two copies of landscaping plan for the project shall be submitted for review by the
Planning Department prior to the issuance of building permit.
R. During construction, any soil disturbance shall preserve the
existing topography, flora, and natural features to the greatest extent possible.
S. 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, and objectionable odors shall be required.
T. 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. .
U. During and after construction, all parking shall take place on the project site and, if
necessary, any overflow parking shall take place within nearby roadway easements.
V. 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.
W. 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 septic tanks.
X. 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 and run-off facilities.
Y. 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.
Z. A drainage plan system shall be approved by the Planning Department and
County District Engineer. Any water from any site irrigation systems and all drainage from
the site shall be conveyed in an approved manner.
AA. If an above ground drainage system is utilized, including the energy dissipater, it
shall be designed in such a manner as to not cross over any equestrian trails. The drainage
system(s) shall not discharge water onto a trail, shall incorporate earth tone colors, including
in the design of the dissipater and be screened from any trail and neighbors views to the
maximum extent practicable, without impairing the function of the drainage system.
AB. All utility lines shall be placed underground. The roof material for the new
residence and future stable shall comply with the City of Rolling Hills Building Code
requirements. The development shall comply with the City of Rolling Hills Outdoor Lighting
requirements.
AC. The applicants shall pay all of the applicable School District fees, Los Angeles
County Building and Safety 'and Public Works Department fees, including Parks and
Recreation Fees for new residence.
AD. 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
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AE. The project must be reviewed and approved by the Rolling Hills Community
Association Architectural Review Committee prior to the issuance of any grading or building
permit.
AF. Until the applicant executes an Affidavit of Acceptance of all conditions of the
Variance and Site Plan Review approvals, as required by Section 17.42.070 of the Municipal
Code, the approvals shall not be effective.
AG. All conditions of the Variance and Site Plan approvals that apply shall be
complied with prior to the issuance of a grading or building permit by the County of Los
Angeles.
PASSED, APPROVED AND ADOPTED THIS 22nd DAY OF NOVI;NJR)ER 2004.
M�kYOR
ATTEST:
MARILYN KERN, DEPUTY CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) �§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 971 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS
GRANTING APPROVAL OF A SITE PLAN REVIEW FOR GRADING AND
CONSTRUCTION OF A NEW RESIDENCE TO REPLACE AN EXISTING
RESIDENCE AND VARIANCE TO EXCEED THE MAXIMUM PERMITTED
DISTURBED NET LOT AREA IN ZONING CASE NO. 689 AT 12 SOUTHFIELD
DRIVE, (LOT 35 -SF) (PATEL).
was approved and adopted at an regular meeting of the City Council on November 22, 2004,
by the following roll call vote:
AYES: Councilmembers Black, Hill, Lay, Mayor Pro Tem Pernell
and Mayor Heinsheimer.
NOES: None.
ABSENT: None.
ABSTAIN: Rone .
and in compliance with the laws of California was posted at the following:
Administrative Offices.
MARILYN KtFN, DEPUTY CITY CLERK
Resolution No. 971 -5-