1109RESOLUTION NO. 1109
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS GRANTING SITE PLAN REVIEW APPROVAL
FOR GRADING AND AS BUILT DRAINAGE DEVICES AND A
VARIANCE TO EXCEED THE MAXIMUM PERMITTED
DISTURBED NET LOT AREA OF THE LOT, IN ZONING CASE NO.
799, AT 2 APPALOOSA LANE, (LOT 106-C-RH), '(BLACK). THE
PROJECT IS EXEMPT FROM THE REQUIREMENTS OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA),
PURSUANT TO SECTIONS 15304 and 15061(b)(3) OF THE ACT.
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY FIND,
RESOLVE AND ORDER AS FOLLOWS:
Section 1. Dr. James Black duly filed an application with respect to real property located at 2
Appaloosa Lane (Lot 106-C-RH), Rolling Hills, CA requesting a permission to retain an as graded area
of 19,000 sq.ft. located partially on adjacent property, and drainage devices located on subject lot and
the adjacent lot and a Variance to exceed the maximum permitted disturbed area of the net lot, (55%
disturbance), triggered by the grading.
Section 2. Following Planning Commission approval of the "as built project" and grading
with certain conditions to reduce the slopes in two places, the City Council took jurisdiction of the
project. Pursuant to Section 17.54.015 of the Rolling Hills Municipal Code, a review hearing for cases
taken under jurisdiction by the City Council shall be conducted as de novo hearings.
Section 3. The City Council conducted duly noticed public hearings to consider the application
on February 28, 2011 in the field and at their regularly scheduled meeting, also on February 28, 2011
and on July 11, 2011. Neighbors within 1,000 -foot radius were notified of the February 28 public
hearings and a notice was published in Palos Verdes Peninsula News on February 17, 2011. The
applicant was notified of the public hearings in writing by first class mail. Evidence was heard and
presented from all persons interested in affecting said proposal and from members of the City staff,
neighbors and applicant's engineers and the City Council having reviewed, analyzed and studied said
proposal. At the February 28 public hearing, the City Council postponed making a decision on this
application until all reviews and approvals are completed by other permitting agencies.
Section 4. The project received approval from the following agencies: Rolling Hills
Community Association Architectural Committee and the Board of Directors and California Department
of Fish and Game. Preliminary approval was granted by the Los Angeles County Building and Safety
Department.
Section 5. In 2008 a new 8,381 square foot residence with 669 square foot garage, trellises
and porches to replace an existing residence and garage was approved, and a minor Variance to
encroach with 54 square feet of the new residence up to 4.4 -feet into the side yard setback. 47.0% of the
lot was previously disturbed. The previous approval for the new residence did not call for additional
disturbance, and thus no Variance was necessary.
Section 6. The property drained in a sheet flow in. northerly direction into a natural drainage
course that flows into a large drainage pipe located north of the property. This area of the property and
above it experienced frequent erosion and water crevices. Several times in the past 10 years, the property
owner received permission from the City to import dirt to fill in the fissures of the eroded areas. Section
15.04.150 of the Building and Construction Ordinance (Title 15) permits import of up to 500 cubic yards
of dirt if it is necessary for erosion control.
Section 7. After several heavy rain storms. in 2009, the applicant received permission from
the City, to import dirt to fix the rain eroded down stream areas of the property. The applicant filled in
an area, which triggered the requirement for a Site Plan Review for grading, (discretionary review). He
has also constructed drainage devices to capture the water from above and to more directly divert it into
the existing drainage course and pipe down from his property. Such drainage devices require building
permit. Some of the grading and drainage devices were constructed on the adjacent property, 3
Appaloosa Lane, and require recordation of an off-site construction covenant agreement. Some of the
grading was also done at 4 Appaloosa Lane and will be repaired and dirt removed.
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ZC NO. 799 - 2 Appaloosa 1
Section 8. The City Council finds that the project qualifies as an exemption from
environmental review under the California Environmental Quality Act, pursuant to Sections 15304 and
15061(b)(3) of the Act.
Section 9. 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. With respect to the Site Plan application for grading of the lower portion of the lot the City
Council makes the following findings of fact:
A. The as graded condition complies with and is consistent with the General Plan and the
Zoning Ordinance (with the granting of the variance below) because the as graded condition will protect
the property from erosion due to rainfall. The drainage devices are necessary to convey runoff in an
orderly manner without damaging the property and the adjacent road.
B. The project substantially preserves the natural and undeveloped state of the lot by the fact
that no new structures are proposed on the property.
C. The project is harmonious in scale and mass with the site, as 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 additional
grading will not adversely affect or be materially detrimental to the adjacent uses, buildings, or
structures because the additional grading was done on a portion of the lot which is least intrusive to
surrounding properties and will be further screened and landscaped with trees and shrubs. The resulting
grading creates gentler slopes, and corrects drainage problems on the property without compromising
the stability of the lot.
D. The resulting grading will be landscaped and the property will be screened from the
public view.
E. Grading will not modify existing drainage channels nor redirect drainage flow. Drainage
has been designed to follow the existing drainage course, but in a more direct manner, via drainage pipes
and dissipater. The proposed drainage plan has been approved by Los Angeles County Building and
Safety, with minor conditions. Without the repair and construction of drainage devices and grading, the
area would continue to erode and possibly undermine the road above, which would have a negative
effect on the health and safety of the adjoining residents. The State of California Department of Fish and
Game reviewed the project and found that no mitigation measures are required.
F. The project preserves surrounding native vegetation and mature trees and supplements
these elements with drought -tolerant landscaping. A landscaping plan is on file with the City, which is
compatible with and enhances the rural character of the community. The Rolling Hills Community
Association Landscaping Committee reviewed and approved a landscaping plan.
G. The project conforms to the requirements of the California Environmental Quality Act
and is exempt.
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 40.0% of the net lot area. The applicant is requesting a
Variance because total disturbance of the net lot area is proposed to be 55.0%. 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 this
property that do not apply generally to the other properties in the same zone. The property is unique in
that it is irregular in shape, with the road splitting the property for about 100 feet. 47.0% of the lot was
previously disturbed in an area at the south portion of the property and the additional 8% disturbance
became necessary for erosion control.
B. The variance is necessary for the preservation and enjoyment of a substantial property
right possessed by other properties in the same vicinity and zone, but which would be denied to the
property in question absent a variance. The overage is not significant and the property owner should not
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ZC NO. 799 - 2 Appaloosa 2
be denied to safeguard his property from erosion and flooding. The area of the property where
improvements were made takes on a large amount of water run-off from uphill properties, which was
causing erosion of this portion of the lot.
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.
Significant portions of the lot will be left undeveloped so as to maintain open space on the property.
The as graded condition is on a portion of the lot which is not intrusive to surrounding properties, and
will be screened from nearby residences and from the street and trail so that the as graded condition 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.
D. In granting the variance, the spirit and intent of the Zoning Ordinance will be observed.
The purpose of the Zoning Ordinance is to regulate development in an orderly fashion and in a manner
consistent with the goals and policies of the General Plan. Approval. of the variance will not impede any
goals of the Zoning Ordinance or the General Plan. Rather, the variance will allow the property owner
to enjoy the same rights and privileges afforded to other property owners in the vicinity, where the
topography of the lots dictate grading requirements for property stabilization and erosion control. The
overage requested is not substantial and does not undermine the spirit or intent of the Zoning Ordinance.
E. The variance does not grant special privileges to the applicant. To the contrary, absent a
variance, the property owner would be deprived of the same rights and privileges afforded to other
property owners in the vicinity. Unique circumstances applicable to the subject property make it
infeasible for the property owner to comply with Section 17.16.070.
F. The variance is consistent with the portions of the County of Los
Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste
facilities.
G. The previously conducted grading improves slope stability and erosion control through
the use of approved drainage devices and grading of the slopes, and will permit the owner to enjoy their
property without deleterious infringement on the rights of surrounding property owners. This Variance is
to legalize previously created condition. The landscaping on the property will mask the previously
graded condition and it will not look unnatural.
Section 11. Based upon the foregoing findings, the City Council hereby approves the Site
Plan Review and Variance applications for Zoning Case No. 799 for grading of a 19,000 square foot
area (portion on adjacent property) and a Variance to exceed the maximum permitted disturbed net lot
area by 15.0% (55.0%) as shown on the Development Plans dated June 29, 2011 and a landscaping plan
dated January 12, 2011 as amended by the conditions of the Rolling Hills Community Association,
subject to the following conditions:
A. The Site Plan Review and Variance approval shall. expire within two years from the
effective date of approval. All required permits, encroachment covenants and easement agreements shall
be obtained and the project completed within that two-year period.
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. Any modification to this project or to the property, including grading, structural
development, import/export of dirt or other development may only be permitted with the
appropriate discretionary approval.
D. The grading, drainage devices and disturbance of the property shall be developed and
maintained in substantial conformance with the site plan on file dated June 29, 2011.
E. The final working drawings shall be submitted and approved by the Los Angeles County
Department of Building and Safety and Public Works Department, and all conditions of that department
shall be met.
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ZC NO. 799 - 2 Appaloosa 3
F. No import of dirt is permitted with this application. The applicant may export up to 100
cubic yards of dirt to bring the existing graded condition to a more natural look, and to remove the dirt
from the adjacent property (4 Appaloosa).
G. The disturbed area of the lot, as amended, shall not exceed 98,200 square feet or 55.0%
of the net lot area.
H. The drainage devices shall be maintained in a proper working order and shall be cleared
of any weeds, dirt and debris on a regular basis.
I. The disturbed areas under consideration in this application, shall be landscaped.
Landscaping shall include water efficient irrigation, to the maximum extent feasible, 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 and is subject to the requirements of the City of Rolling
Hills Water Efficient Landscape Ordinance.
J. The landscaping shall substantially comply with the plan dated January 11, 2011, as
amended by conditions of the Rolling Hills Community Association, and shall be maintained in good
condition at all times. Trees and shrubs shall be planted so as not to impair views of neighboring
properties but to naturally screen the disturbed area. No tress or shrubs shall be planted as to result in a
hedge like screen.
K. All drainage devices, grading areas and planting located and/or proposed in easements
are subject to RHCA review and approval. In addition, an off-site covenant agreement for grading,
drainage devices and planting on the adjacent property shall be recorded and copy filed with the City.
L Post construction Best Management Practices for stormwater management and erosion
control shall be observed and maintained.
M. Until the applicants execute an Affidavit of Acceptance of all conditions of this Site Plan
Review and Variance modification approvals, as required by the Municipal Code, the approvals shall not
be effective.
N. All conditions of the Site Plan and Variance approvals, that apply, shall be complied with
prior to the issuance of a final inspection from the County of Los Angeles.
O. 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.
PASSED, APPROVED AND ADOPTED THIS 11th DAY OF JULY 2011.
f
B. ALLEN LAY
MAYOR
ATTEST:
HEIDILUCE
DEPUTY CITY CLERK
Resolution No. 1109
ZC NO. 799 - 2 Appaloosa 4
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 1109 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS GRANTING SITE PLAN REVIEW APPROVAL
FOR GRADING AND AS . BUILT DRAINAGE DEVICES AND A
VARIANCE TO EXCEED THE MAXIMUM PERMITTED
DISTURBED NET LOT AREA OF THE LOT, IN ZONING CASE NO.
799, AT 2 APPALOOSA LANE, (LOT 106-C-RH), (BLACK). THE
PROJECT IS EXEMPT FROM THE REQUIREMENTS OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA),
PURSUANT TO SECTIONS 15304 and 15061(b)(3) OF THE ACT.
was approved and adopted at a regular meeting of the City Council on July 11, 2011 by the following
roll call vote:
AYES: Councilmembers Heinsheimer, Hill, Pernell and Mayor Lay.
NOES: None.
ABSENT: Mayor Pro Tem Black (recused).
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
�Y l;ll�Q
HEIDI LUCE
DEPUTY CITY CLERK
Resolution No. 1109
ZC NO. 799 - 2 Appaloosa 5