1000 RESOLUTION NO. 1000
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS
GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND
CONSTRUCTION OF AN ADDITION, GRANTING A CONDITIONAL USE
PERMIT FOR A GUEST HOUSE AND A SPORTS COURT AND GRANTING A
VARIANCE TO LOCATE THE SPORTS COURT IN THE FRONT YARD AT AN
EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 708, AT 25
PORTUGUESE BEND ROAD (LOT 89-A-RH), (CHO).
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY FIND,
RESOLVE AND ORDER AS FOLLOWS:
Section 1. An ap.plication was duly filed by Mr. and Mrs. Philip Cho with respect to
real property located at 25 Portuguese Bend Road (Lot 89-A-RH), Rolling Hills, CA requesting
a Site Plan Review and Conditional Use Permit to permit grading and construction for a 429
square foot addition, 7,072 square foot sports court and 733 square foot guest house. The
sports court will be located in the front yard area, which requires a Variance.
Section 2. The Planning Commission conducted duly noticed public
hearings to consider the application on July 19, 2005,August 16, 2005 and at a field trip visit on
August 16, 2005. The applicants were notified of the public hearings in writing by first class
mail. Evidence was heard�and presented from all persons interested in affecting said proposal
and from members of the City staff and the Planning Commission having reviewed, analyzed
and studied said proposal. The applicants' representatives were in attendance at the hearings.
Section 3. At the October 10, 2005 City Council meeting, the Council took
jurisdiction of subject case.
Section 4. The City Council conducted duly noticed public hearings to consider the
application on October 24, November 14, 2005, November 28, 2005 and at a field trip on
November 28, 2005. The applicants were notified of the public hearing in writing by first class
mail. Evidence was heard and presented from all persons interested in affecting said proposal
and from members of the City staff and the City Council having reviewed, analyzed and
studied said proposal. The applicants' representatives were in attendance at the hearings. '
Section 5. The City Council finds that the project is categorically exempt from
environmental review under the California Environmental Quality Act.
Section 6. 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 constr�cted 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, which is
measured from the date that a certificate of occupancy is issued for a prior addition. A 1,222
square foot addition and 835 square foot basement were administratively approved in October
of 2004. The size of the addition was 25% of the then existing residence. A Site Plan Review
approval is required for the 429 square foot addition, because the total of the aciditions (1,222
sq.ft. previously approved and the 429 sq.ft. currently proposed) exceed the maximum
permitted without a Site Plan Review approval. When completed the residence will be 6,316
square feet and the garage 875 square feet, with an 835 square foot basement. With respect to
the Site Plan Review application for the addition and grading for the sports court and the
guest house the City Council finds as follows:
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 setbacks and lot
coverage requirements. The net lot area of the lot is 222,080 square feet, (5.098 acres). The
proposed residence (6,316 sq.ft.), garage (875 sq.ft.), covered porches/entryway (466 sq.ft.),
service yard (96 sq.ft.), swimming pool/pool equipment (1,112 sq.ft.), guest house (733 sq.ft.),
sports court (7,072 sq.ft.) and the future stable (450 sq.ft.) will have 17,120 square feet of
structures, which constitutes 7.7% 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 28,859 square feet, which constitutes 13.0% 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 of the development. T'he disturbed area of the lot
will be 18.4%, which is within the 40% maximum permitted, and includes the future stable.
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B. 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
open space on the property. The existing shrubs and trees along the southern portion on the
parcel will remain and will screen the guest house and the sport court from the street. The
nature, condition, and development of adjacent uses, buildings, and structures and the
topography of the lot have been considered, and the construction will not adversely affect or
be materially detrimental�to the adjacent uses, buildings, or structures because the proposed
structures 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 which at maturity will not
exceed the ridge height of the structures, is of 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 pads for the new construction.
C. The proposed activity is compatible with the General Plan and the Zoning
Ordinance. The Land Use Element of the General Plan establishes the maintenance of strict
grading practices to preserve the community's natural terrain. The Building Code and the
Zoning Ordinance require a balanced cut and fill ratio and do not permit import or export of
soil, except under special circumstances applicable to a property and with a discretionary
permission by the Planning Commission. The project conforms to the grading requirements,
Zoning Code setbacks and lot coverage requirements.
D. 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 and
the proposed project is consistent with the scale of the neighborhood.
E. The development plan incorporates existing trees and native vegetation.
Specifically, the development plan preserves dense brush and shrubs along the front of the
property and supplements it with landscaping that is compatible with and enhances the rural
character of the community.
F. The development plan follows natural contours of the site to minimize grading
and retain the natural drainage courses. Grading for this project will involve 624 cubic yards of
cut and 624 cubic yards of fill, which includes 505 cubic yards of cut and 207 cubic yards of fill
for the sports court. _
G. The proposed development is sensitive and not detrimental to the convenience
and safety of circulation for pedestrians and vehicles because the proposed development will
utilize the existing driveway.
H. The project conforms to the requirements of the California Environmental
Quality Act and is exempt.
Section 7. Based upon the foregoing findings, the City Council hereby approves the
Site Plan Review application for Zoning Case No. 708 for construction of an addition to the
residence, and for grading for the sports court and guest house as shown on the Development
Plan dated July 14, 2005, and marked Exhibit A, subject to the conditions contained in Section
14 of this Resolution.
Section 8. Section 17.16.210(A)(5) of the Rolling Hills Municipal Code permits
approval of a guest house under certain conditions, provided the Planning Commission
approves a Conditional Use Permit. The applicant is requesting to construct a 733 square foot
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 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 located in an area to promote pad integration and is of sufficient
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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. The height of the structure will be restricted to one
story.
D. The proposed conditional use complies with all applicable development
standards of the zone district because the 733 square foot size of the guest house is less than
the maximum permitted under the Municipal Code 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 sufficient area exists on the lot for a set aside for a future stable and
corral.
Section 9. Based upon the foregoing findings and the evidence in the record, the City
Council hereby approves a Conditional Use Permit for the construction of an 733 square foot
guest house, in accordance with the development plan dated July 14,2005, and marked Exhibit
A in Zoning Case No. 708 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 the Rolling Hills Planning
Commission approves a Conditional Use Permit for such use. 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 pad below the residential
building pad and will not be visible from any neighbor or roadway, and will not have a
material impact on that property.
B. The nature, condition, and development of adjacent uses, buildings, and
structures have been considered, and the construction of a 7,072 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 of sufficient distance from nearby residences so that the sports
court will not impact the view or privacy of surrounding neighbors and will permit the
owners to enjoy their property without deleterious infringement on the rights of surrounding
property owners.
C. The project is harmonious in scale and mass with the site, the natural terrain, and
surrounding residences because the sports court will comply with the low profile residential
development pattern of the community and is located on property that is adequate in size,
shape and topography to accommodate such use, even though it will be located in front of the
residence, in the front yard area.
D. The proposed conditional use complies with all applicable development
standards of the zone district because the graded area will not exceed maximum graded areas
of 10,000 square feet and does not exceed the maximum permitted cubic yardage of 750 cubic
yards.
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 sufficient area exists on the lot for a set aside for a future stable and
corral.
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Section 11. Based upon the foregoing findings and the evidence in the record, the
City Council hereby approves the Conditional Use application for Zoning Case No. 708 for the
proposed sports court, subject to the conditions contained in Section 14 of this Resolution.
Section 12. 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 17.16.210A.7b is required because it states that a sports court may not be located in the
front yard or in any setback. The applicant is requesting a Variance to locate the sports court in
the front yard area. With respect to this request for a Variance, the City Council finds as
follows:
A. There are exceptional and extraordinary circumstances and conditions applicable
to the property that do not apply generally to the other property or class of use in the same
zone because the configuration of the lot together with the fact that the house is located near
the rear of the lot, making the front yard area large creates difficulty in constructing the sports
court elsewhere on the property. Locating the sports court in the front will minimize grading
of the lot and will cause fhe construction to not be in any setbacks and to utilize a partially
existing pad area.
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. Strict application of the Zoning Ordinance would
deprive the property owner of the right and benefits enjoyed by similarly situated properties
in the same vicinity and zone. The encroachment permits the use of the lot to the extent
allowed for other properties in the vicinity. The Variance will permit the development of the
property in a manner similar to development patterns on surrounding properties and
minimize grading. The lot size and configuration, together with the existing development on
the lot creates a difficulty in locating the sports court elsewhere on the property. ,
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. Locating the sports court in the front of the residence will allow
the remaining portion of the lot to remain undeveloped and would minimize grading. The -
sports court will be screened from the adjacent property and the road, as required by the
conditions of this approval.
Section 13. Based upon the foregoing findings, the City Council hereby approves the
Variance for Zoning Case No. 708 to locate the sports court in the front yard area, subject to the
conditions specified in Section 14.
Section 14. The Site Plan Review approved in Section 7, the Conditional Use Permits
approved in Section 9 and Section 11 and the Variance approved in Section 13 of this
Resolution are subject to the following conditions:
A. The Site Plan Review, Conditional Use Permits and Variance approvals shall
expire within two years from the effective date of approval if construction pursuant to this
approval has not commenced within that time period, as required by Sections 17.46.080(A),
17.37.070(A) and 17.42.070(A) of the Rolling Hills Municipal Code, or the approval granted is
otherwise extended pursuant to the requirements of those sections.
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.
D. The lot shall be developed and maintained in substantial conformance with the
site plan on file marked Exhibit A and dated July 14, 2005, except as otherwise provided in
these conditions. �
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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 recreation court and guest house limitations.
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. Grading shall not exceed 624 cubic yards of cut and 624 cubic yards of fili and
shall be balanced on site, which includes grading for the sports court of 505 cubic yards of cut
and 207 cubic yards of fill.
H. Structural lot coverage shall not exceed 17,120 square feet or 7.7%.
I. Total lot coverage of structures and paved areas shall not exceed 28,859 square
feet or 13.0% in conformance with lot coverage limitations.
J. The disturbed area of the lot shall not exceed 40,920 square feet or 18.4% of the
net lot area in conformance with lot disturbance limitations.
K. Residential building pad coverage on the 38,975 square foot residential building
pad shall not exceed 9,582 square feet or 24.6%, which includes the guest house and the future
stable but not including the covered porches, as the porches are less than 10% of the size of the
residence; the sports court pad coverage shall not exceed 98.4% of the 7,190 square foot pad.
L. The proposed guest house shall not exceed 733 square feet and shall meet all
requirements of the Zoning Code,which include,but is not limited to the following:
a. No kitchen or other cooking facilities shall be provided within the guest house.
b. No vehicular access or paved parking area shall be developed within fifty feet of
the proposed guest house.
c. Renting of the guest house is prohibited.
d. Occupancy of the guest house shall be limited to persons employed on the
premises or by the immediate family or temporary guests of the occupants of the main
residence. No guest may remain in occupancy for more than thirty days in any six-month
period.
M. The basement shall not exceed 835 square feet and all requirements for the
basements shall be met s�abject to Section 17.12.020 of the City of Rolling Hills Zoning Code
and the Los Angeles County Building Code.
N. The area prepared for the sports court shall not exceed 7,190 square feet.
O. Court lighting shall not be permitted.
P. Noise from sports court use shall not create a nuisance to owners of surrounding
properties.
Q. All retaining walls incorporated into the court shall not be greater than four (4)
feet in height at any point. Exposed exterior retaining walls shall not be permitted, and shall be
screened by landscaping. Building permit shall be obtained for the retaining walls.
R. The sports court fencing shall not exceed 4 feet in height above the 4-foot high
retaining walls for a total of 8 feet on all sides.
S. The sports court shall be screened on all four sides with drought-resistant mature
trees and shrubs. In addition, all graded areas shall be re-vegetated utilizing to the greatest
__ extent feasible mature native and drought resistant plants.
T. All disturbed areas shall be landscaped. 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 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.
U. Prior to the issuance of any building or grading permit two copies of a
preliminary landscape plan shall be submitted for review by the Planning Department. Native
trees and other native plants shall be utilized, and which are consistent with the rural
character of the community. If trees are to be used in the landscaping scheme for this project,
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they shall be mature when planted and which at full maturity shall not exceed the height of
the structures. Trees and shrubs shall be planted so as not to impair views of neighboring
properties but to screen the structures on the site, including the sports court.
A security in the amount of the cost estimate of the implementation of the landscaping plan
plus 15% shall be required to be posted prior to issuance of a grading and building permits
and shall be retained with the City for not less than two years after landscape installation. The
retained security 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.
V. If during construction a construction fence is installed, it shall not block any
easements.
W. During construction, any soil disturbance shall preserve the existing topography,
flora, and natural features to the greatest extent possible.
X. The project �may be subject to General Permit No. CA-S000002 (Storm Water
Discharges Associated with Construction Activities), as determined by the Building and Safety
Department. The applicant shall comply with the requirements of this permit as required by
the Regional Water Quality Control Board.
Y. During construction, conformance with the air quality management district
requirements, stormwater pollution prevention practices, county and local ordinances and
engineering practices so that people or property are not exposed to undue vehicle trips, noise,
dust, and objectionable odors shall be required.
Z. During construction, an Erosion Control Plan containing the elements set forth in
Section 7010 of the 2001 County of Los Angeles Uniform Building Code shall be followed to
minimize erosion and to protect slopes and channels to control stormwater pollution as
required by the County of Los Angeles.
AA. During and after construction, all parking shall take place on the project site and, if
necessary, any overflow parking shall take place within nearby roadway easements.
AB. During construction, the property owners shall be required to schedule and
regulate construction and�related traffic noise throughout the day between the hours of 7 AM
and 6 PM, Monday through Saturday only, when construction and mechanical equipment
noise is permitted, so as not to interfere with the quiet residential environment of the City of
Rolling Hills.
AC. 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 tanks.
AD. The property owners shall be required to conform to the Regional Water Quality
Control Board and County Health Department requirements for the installation and post
construction maintenance of stormwater drainage facilities.
AE. The property owners shall be required to conform to the Regional Water Quality
Control Board and County Public Works Department Best Management Practices (BMPs)
related to solid waste.
AF. The property shall drain towards Portuguese Bend Road. Prior to the submittal
of an applicable final building plan to the County of Los Angeles for plan check, a detailed
drainage plan that conforms to the development plan as approved by the City council shall be
submitted to the Rolling Hills Planning Department staff for their review and approval. Such
plan shall include all water from any site irrigation systems and assure that all drainage from
the site is conveyed in an approved manner towards Portuguese Bend Road.
AG. If an above drainage swale or a dissipater is to be constructed it shall be designed
in such a manner as not to cross over any equestrian trails or discharge water onto a trail, shall
incorporate earth tone colors, and shall be screened from the road and neighbors' views to the
maximum extent practicable, without impairing the function of the drainage system.
AH. Prior to issuance of a grading or building permit, the project shall be reviewed
and approved by the Rolling Hills Community Association.
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AI. All utility liries shall be placed underground. The roof material for the residence
and guest house shall comply with the City of Rolling Hills Building Code requirements.
AJ. Until the applicants execute an Affidavit of Acceptance of all conditions of this
Site Plan Review, CUPs and Variance approvals, as required by the Municipal Code, the
approvals shall not be effective.
AK. All conditions of the Site Plan, Variance and Conditional Use approvals, that
apply, shall be complied with prior to the issuance of grading or building permit from the
County of Los Angeles. �
PASSED,APPROVED AND ADOPTED THIS 28th DAY OF NOVEMBER 2005.
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ATTEST: �
k.�
MARILYN RN, DEPUTY CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ��
CITY OF ROLLING HILLS )
I certify that the foregoing�Resolution No. 1000 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS
GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND
CONSTRUCTION OF AN ADDITION; GRANTING A CONDITIONAL USE
PERMIT FOR A GUEST HOUSE AND A SPORTS COURT AND GRANTING A
VARIANCE TO LOCATE THE SPORTS COURT IN THE FRONT YARD AT AN
EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 708, AT 25
PORTUGUESE BEND ROAD (LOT 89-A-RH), (CHO).
was approved and adopted at a regular meeting of the City Council on November 28, 2005 by
the following roll call vote: �
AYES: Councilmembers Black, Heinsheimer, Hill, A�ayor Pro Tem
Lay and P�ayor Pernell.
NOES: None.
ABSENT: � None.
ABSTAIN: None. . ..
and in compliance with the laws of California was posted at the following:
Administrative Offices.
DEPUTY CITY ERK
Resolution No. 1000 -7-