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2019-10.pdf RESOLUTION NO.2019-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR THE CONSTRUCTION OF A NEW RESIDENCE WITH ATTACHED GARAGE AND BASEMENT, RETAINING WALL, SWIMMING POOL, AND GRADING; CONDITIONAL USE PERMITS TO CONSTRUCT A STABLE AND CORRAL; AND VARIANCES TO EXCEED THE MAXIMUM PERMITTED DISTURBANCE OF THE LOT AND TO ENCROACH A RETAINING WALL INTO THE SIDE YARD SETBACK IN ZONING CASE NO. 955 AT 1 POPPY TRAIL, (LOT 90-52- RH), (YEH). THE PLANNING COMMISSION DOES HEREBY FIND, RESOLVE, AND ORDER AS FOLLOWS: Section 1. An application was duly filed by Mr. Roger Yeh (Applicant) for construction of a new 6,374 square foot residence, including 756 square foot attached garage and 934 square foot basement, a 1,643 square foot swimming pool and spa, grading of 5,600 cubic yards of dirt including excavation of a pool and basement, and a retaining wall along the north western limits of the building pad; Conditi.onal Use Permits for a 452 square foot stable and 575 square foot corral; and Variances to exceed the maximum permitted lot disturbance and for the retaining wall along the north western limits of the building pad to be located in the side yard setback. Section 2. On March 5, 2005, a landslide occurred on the property located at 1 Poppy Trail Road and below the roadway easement for Poppy Trail Road. The landslide buried a portion of Poppy Trail Road, which was the sole means of ingress and egress for nine residential lots. The dirt movement affected two adjacent lots. During the remediation process through several lot line adjustments between the affected parcels, two lots were created at 0 Poppy Trail and 1 Poppy Trai1. 1 Poppy Trail is the subject of this Resolution. Section 3. Following the landslide, the City of Rolling Hills (City) and the Rolling Hills Community Association undertook various improvements and, between April and October of 2010, developed detailed project plans for remediation of the failed slope. In connection with the Landslide Remediation Project for 0 Poppy Trail and 1 Poppy Trail, an Initial Study was prepared that determined that, with the implementation of mitigation measures, the project would not have a significant adverse effect on the environment. Therefore, a Mitigated Negative Declaration (MND) was prepared and, on October 4, 2010, the City Council approved and adopted the MND relating to 0 Poppy Trail and 1 Poppy Trail. An Addendum to the MND ("First Addendum") was adopted by the Planning Commission on February 15, 2011 and reported to the City Council to address revisions to the plan to reduce or eliminate some of the retaining walls through selected modifications to the grading plan. A Second Addendum to the MND was adopted because an updated survey of 0 Poppy Trail Road revealed that the existing disturbance for 0 Poppy Trail Road was 78.95%-- not 65% as previously discussed in the MND ("Second Addendum"). The Second Addendum also reflected that while an updated survey was not conducted for 1 Poppy Trail, the engineer estimated that the disturbance was 78%--not 55% as previously discussed in the MND. Recently, an updated survey of 1 Poppy Trail Road was conducted which revealed that the existing disturbance is 69.6%, which is under the 78% disturbance analyzed in the Second Addendum. Section 4. Following the first public hearing on January 15, 2019, staff came across information that there may be an adjacent ecologically sensitive area as designated by the County of Los Angeles located in the area of the proposed widening of the driveway. Normally a single family development with appurtenant structures is exempt from CEQA (14 CCR Section 15303). To process the application, the City analyzed whether an exception to that exemption applied because of the new Reso.2019-10 1 1 Poppy Trail. information. Sased on the City's evaluation, it was found that the project is exempt and that there is no evidence to suggest that an exception to the exemption applies. First, the City relied upon the MND, including the First Addendum and Second Addendum, prepared for the remediation project that concluded that the project would not have a significant adverse effect on the environment. The biological resources section analyzed the following: five vegetation communities, including the urban/developed, disturbed habitat, southern mixed chaparral, non-native grassland, and southern willow scrub; two sensitive habitats, including the southern mixed chaparral and southern willow scrub; twenty-five sensitive plant species; and sixteen sensitive animal species. Second, the City relied upon the opinion of a biologist that compared the conclusions in the MND with the new County Significant Ecological Area (SEA) to see whether the MND covered the same environmental sensitivities as in the County SEA. The biologist concluded that there were no sensitive biological resources within the proposed project footprint, and therefore no significant impacts would result from the project implementation. The biologist also found that the area currently in question was already developed or was in a disturbed condition as a result of the landslide and that no sensitive biological resources were located in the area currently proposed for development at the time the MND was prepared in 2010. Section 5. The Planning Commission conducted duly noticed public hearings to consider the application at their regular meeting on January 15, 2019, April 16, 2019, and May 21, 2019 and at a field trip on May 21, 2019. Neighbors within 1,000-foot radius were notified of the public hearings and notices were published in the Peninsula News on January 3, 2019 and Apri14, 2019. The Applicant and his agents were notified of the public hearings in writing by first class mail and the Applicant's agents were in attendance at the hearings. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff. Owners of one of the adjacent properties expressed concern with the siting of the structure on the building pad as it overlooked their property. The Planning Commission reviewed, analyzed, and studied said proposal. Section 6. The property is zoned RAS-2 and the gross lot area is 5.5 acres. The net lot area of the lot for development purposes is 204,383 square feet or 4.69 acres. The lot is vacant but has a graded, previously created building pad as well as a 15' wide driveway leading to the building pad. Poppy Trail road crosses the lot and Georgeff Trail, a bridle trail dedicated to the Rolling Hills Community Association, also crosses on the lot. The portion of the lot located below Poppy Trail Road has been designated as an easement to the RHCA and as a SEA by the County. Section 7. The Planning Commission finds that the development project is exempt from the California Environmental Quality Act, (CEQA) pursuant to Section 15303 (new construction of single family residence and accessory structures) of the CEQA guidelines. Section 8. Site Plan Review is required for the construction of the 6,374 square foot residence, including 934 square foot basement and 756 square foot attached garage, pursuant to Rolling Hills Municipal Code (RHMC) Section 17.46.020; the 1,643 square foot swimming pool pursuant to RHMC Section 17.46.020; the 5,600 cubic yards of grading pursuant to RHMC Section 17.46.020, and a not to exceed 5 foot retaining wall along the northwestern limits of the building pad pursuant to RHMC Sections 17.16.190 and 17.16.210. With respect to the Site Plan Review, the Planning Commission makes the following findings of fact: A. The project complies with and is consistent with the goals and policies of the general plan and all requirements of the zoning ordinance. The 6,374 square foot residence, including 934 square foot basement and 756 square foot attached garage, and the 1,643 square foot swimming pool comply with the General Plan requirement of low profile, low-density residential development with sufficient open space between Reso.2019-10 2 1 Poppy Trail. surrounding structures and maintain sufficient setbacks to provide buffers between residential uses. The construction of these features also does not require variances from any zoning requirement. The 5,600 cubic yards of grading complies with the general plan and all requirements of the zoning ordinance. There is no additional disturbance planned for the proposed project at 1 Poppy Trail Road; all grading that will be conducted in connection with the proposed project consists of smoothing and evening out the existing building pad and slightly extending the building pad to account for the larger yard. The net lot area of the lot is over 4 acres and the lot is adjacent to other large lots along Poppy Trail. A building pad was created as a result of grading for slope remediation and the Applicant will utilize that pad as minimally enlarged by 860 square feet to provide Fire Department access and a slightly larger yard for Applicant's enjoyment of the property. The not to exceed 5 foot retaining wall along the northwestern limits of the building pad complies with the general plan and all requirements of the zoning ordinance, subject to a variance to extend the retaining wall into the side yard setback. During remediation of the lot, a building pad was developed towards the rear of the property, on which the proposed construction will take pace. The rear limit of the building pad is located along an existing retaining wall. Due to the limited size of the building pad area, this wall is proposed to be moved between 1-2.5' into the setback to create a slightly larger yard and meet the Building Code distance requirement between an ascending slope and a structure and to allow the required Fire Department passage of 5' around the entire structure. The wall will only be visible from the subject residence and not from adjacent properties. The retaining wall will match adjacent wall style and material. The retaining wall supports the General Plan as it will provide safety to the residents and meet the building code and Fire Department requirements. B. The project substantially preserves the natural and undeveloped state of � the lot by minimizing building coverage. The topography and the configuration of the lot have been considered, and the proposed project will be constructed on the existing building pad except that the pad will be minimally enlarged by 860 square feet to provide Fire Department access and a slightly larger yard for the occupants. The lot coverage is 27,979 square feet or 13.7% which is below the maximum lot coverage limitation of 35%. The building pad leaves the steeper and more densely vegetated areas in their existing state. The project in general will retain the existing slopes and vegetation. C. The project is harmonious in scale and mass with the site, the natural terrain and surrounding residences. The proposed development, as conditioned, is consistent with the scale of the neighborhood when compared to new residences in the vicinity of said lot. The proposed project is screened from the road so as to reduce the visual impact of the development. The development plan takes into consideration the views from Poppy Trail. The development will be set back from the road so that views from the road will not be blocked. Significant portions of the lot will be left undeveloped. The development location will be the least intrusive to surrounding properties, is of sufficient distance from nearby residences so that it will not impact the view or privacy of surrounding neighbors, and will allow the owners to enjoy their property without significantly impacting surrounding property owners. The proposed 5' retaining wall will not alter the terrain of the building pad and is necessary to support the ascending slope behind the building pad. The wall is harmonious in scale as it will be only visible from the yard of the subject residents and not by any other neighbors. D. The project preserves and integrates into the site design, to the greatest extent possible, existing topographic f�atures of the site, including surrounding native vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls). The area of the proposed construction does not contain any native or mature vegetation; it was graded as a result of the landslide remediation for the purpose of constructing a residence and accessory structures. Following the landslide remediation the remainder Reso.2019-10 3 1 Poppy Trail. of the lot has been vegetated with native plants and shrubs, which will not be affected by the construction of this project. The 6,374 square foot residence, including 934 square foot basement and 756 square foot attached garage, and the 1,643 square foot swimming pool preserve and integrate existing topographic features of the site including vegetation as the construction will only take place on the building pad as minimally enlarged by 860 square feet to provide Fire Department access and a slightly larger yard for the occupants. All of the construction is on previously disturbed areas. The 5,600 cubic yards of grading preserves and integrates existing topographic features of the site including vegetation as the construction will only take place on the existing building pad and slight extension of the building pad as minimally enlarged by 860 square feet to provide Fire Department access and a slightly larger yard for the occupants. The grading will not cause any new disturbance. It will only flatten the area for construction. The not to exceed 5 foot retaining wall along the northwestern limits of the building pad preserves and integrates existing topographic features of the site because it does not alter the topography of the site and replaces an existing 5' tall retaining wall except that it is moved 1-2.5 feet westerly. The wall will not affect native vegetation or mature trees. It will not affect any drainage course, as the drainage for the lot was previously designed. In fact it incorporates the drainage design by allowing a drainage swale to be constructed behind the wall and provides for weeping holes through the wall that will allow the sheet flow water from the slope above to drain around the building pad and into a previously designed drainage course. This will protect the building pad and the structure from flooding during heavy rains. E. Grading has been designed to follow natural contours of the site and to minimize the amount of grading required to create the building area. No new disturbance will be generated by the grading. The grading will only occur over the previously disturbed areas. F. Grading will not modify existing drainage channels nor redirect drainage flow, unless such flow is redirected into an existing drainage course. No new disturbance will be generated by the grading. The grading will only occur over the previously disturbed areas. The project will not affect any drainage course as the drainage for the lot was previously designed. In fact it incorporates the drainage design by allowing a drainage swale to be constructed behind the wall and provides for weeping holes through the wall that will allow the sheet flow water from the slope above to drain around the building pad and into a previously designed drainage course. This will protect the building pad and the structure from flooding during heavy rains. G. The project 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. The project will retain the existing vegetation planted following the landslide remediation on all slopes outside the building pad. The area of the proposed construction does not contain any native or mature vegetation; it was graded as a result of the landslide remediation for the purpose of constructing a residence and accessory structures. Following the landslide remediation the remainder of the lot has been vegetated with native plants and shrubs which will not be affected by the construction of this project. The development will be screened and landscaped with trees and shrubs. The landscaping will provide a buffer or transition area between private and public areas. The grading will only take place on previously disturbed areas and will not disturb surrounding vegetation or mature trees. The retaining wall will not disturb surrounding native vegetation or mature trees. The retaining wall is only visible to the Applicant and not from adjacent properties. H. The project is sensitive and not detrimental to the convenient and safe movement of pedestrians and vehicles. The property is zoned RAS-2 and the gross lot Reso.2019-10 4 1 Poppy Trail. area is 5.5 acres. The net lot area of the lot for development purposes is 204,383 square feet or 4.69 acres. The 6,374 square foot residence, including 934 square foot basement and 756 square foot attached garage, and the 1,643 square foot swimming pool is positioned to make the best use of the property which is restricted for development by Poppy Trail Road and the Georgeff Trail. Grading will extend the building pad slightly by 860 square feet to provide Fire Department access and a slightly larger yard for the occupants. This will provide better access to the property and movement for pedestrians around the property. The new 20' driveway, as required by the Fire Department,will be safe for two cars to drive past each other. There is ample parking in the garages and in the turnaround area at the front of the house so all visitors parking will be contained on site outside of the setbacks. The 5-foot retaining wall provides for a larger backyard for Applicant to enjoy open space on the property. I. The project conforms to the requirements of the California Environmental Quality Act. The development project is exempt from CEQA pursuant to Section 15303 (new construction of single family residence and accessory structures) of the CEQA guidelines. Section 9. Section 17.16.040 of the RHMC requires Conditional Use Permits for construction of a stable over 200 square feet in size and a corral over 550 square feet in size subject to requirements under Section 17.18.060. The project proposes a 452 square foot stable and a 575 square foot corral. With respect to this request for Conditional Use Permits, the Planning Commission finds as follows: A. The proposed conditional use is consistent with the General Plan. The proposed stable and corral are consistent with similar uses in the community and meet all the applicable code development standards for such use. The stable and corral are appropriately located in that they will be sufficiently separated from nearby structures. The stable and corral promote equestrian uses and therefore further the City's goal to remain an equestrian community. The stable and corral comply with the low profile residential development pattern of the community and will not give the property an over-built look. B. The nature, condition and development of adjacent uses, buildings and struchxres have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, building or structures. The proposed stable and corral are located a sufficient distance from nearby residences so as to not impact the view or privacy of surrounding neighbors. C. The site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed. The lot is over 4.6 acres net in size and is sufficiently large to accommodate the 452 square foot stable and 575 square foot corral. Sufficient areas of the lot will remain open and unobstructed. D. The proposed conditional use complies with all applicable development standards of the zone district. The proposed conditional use complies with all applicable development standards, including the requirements for stables set forth in Section 17.18.060 and the requirements for corrals set forth in Section 17.18.090. The stable will not be located in the front yard or in any setback. The stable and corral will be located no less than thirty-five feet from the side property lines and no less than twenty-five feet from rear property line. The stable is designed so that at least 60% of the entire structure will be maintained for agricultural space and a maximum of 40%, but not to exceed 800 square feet, of the entire structure will be maintained as a tack room; the agricultural space is 327 square feet or 72.3% of the size of the structure and the tack room is 125 square feet or 27.6% of the structure. The corral will be fenced and contiguous to the stable. The corral will not be located on a portion of the lot where the slope is greater than 4:1. The corral will be 35 feet from any residential structure and will only be used for the exclusive purpose of keeping permitted domestic animals. E. The proposed conditional use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting criteria for Reso.2019-10 5 1 Poppy Trail. 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 this title. The proposed stable and corral observe the spirit and intent of the zoning tide because they are providing for uses that are encouraged throughout the City as each property is required to have a stable and corral or a set aside thereof. It also meets all development standards and therefore observes the spirit and intent of the zoning ordinance. Section 10. Sections 17.38.010 through 17.38.050 of the RHMC permit approval of a Variance frorn 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 from Section 17.16.070(B) is required because it states that the lot disturbance shall be limited to 40% of the net lot area and a variance from Section 17.16.150 is required because it states that setback shall be maintained unoccupied and unobstructed by any structure. The Applicant is requesting a variance for 69.6% disturbance of the net lot area and to encroach with a not to exceed 5'-high retaining wall into the side yard setback. With respect to this request for Variances, the Planning Commission 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 in the same zone. Unlike most other properties in this zone, there was a landslide on this property, which was remediated and caused greater than 40% of the lot to be disturbed. Previously, 55% disturbance was approved as a result of the remediation. This calculation did not take into consideration the graded areas of the lot, which were not affected by the landslide and were therefore not remediated or the final lot lines of the lots that resulted after remediation of the landslide. Pursuant to an updated survey of 1 Poppy Trail Road, the existing disturbance is actually 69.6%, which is why the Applicant seeks a variance. There is no additional disturbance planned for the proposed project at 1 Poppy Trail Road; all grading will be conducted in connection with the proposed project will consist of smoothing and evening out previously disturbed areas. During remediation of the lot, a building pad was developed towards the rear of the property, on which the proposed construction will take pace. The rear limit of the building pad is located in close proximity to an existing retaining wall. Due to the limited size of the building pad area, this wall is proposed to be moved between 1-2.5` into the setback to create a slightly larger yard and meet the Building Code distance requirement between an ascending slope and a structure and to allow the required Fire Department passage of 5' around the entire structure. The wall would only be visible from the residence and not from adjacent properties. The retaining wall will match adjacent wall style and material. 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 would be denied to the property in question. The landslide has resulted in the need to remediate and stabilize the lot, which caused greater than the allowed disturbance of the lot. The property owner is not proposing to disturb additional areas of the lot. The dirt movement for the currently proposed development entails smoothing out the previously graded building pad and building pad extension, widening by 5' the previously graded driveway, and getting the site ready for construction. Due to the remediation of the lot and that the building pad was developed towards the rear of the property, there is a small area for a yard. The extension of the proposed retaining wall into the side setback will provide the Applicant with a slightly larger yard while meeting the Building Code distance requirement between an ascending slope and a structure and to allow the required Fire Department passage of 5' Reso.2019-10 6 1 Poppy Trail. around the entire structure. Other properties in the vicinity have on average larger yards, which is denied to 1 Poppy Trail due to the effects of the landslide and the remediation efforts. 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. The proposed grading will not increase disturbance and therefore will not be detrimental to the public welfare or injurious to the property or improvements in the area. The grading will only occur on previously disturbed areas. The proposed retaining wall will not be detrimental to the public welfare or injurious to the property or improvements in such vicinity as it is a very small portion of the development adjacent to an existing building pad where no other disturbance will be undertaken. The wall is not visible from other adjacent properties and will provide Applicant with greater use of the property which is restricted by Poppy Trail Road and Georgeff Trail. D. In granting the variance, the spirit and intent of the Zoning Code will be observed. Through the remediation process, the property was previously granted a variance for disturbance in the amount of 55% based on a consultant's estimation of the disturbance. Later, it was discovered that more of the property was disturbed. A Second Addendum to the MND was prepared to address the discrepancy and reflected that a consultant estimated the disturbance to be approximately 78%. Applicant has not applied for a discretionary entitlement since the Second Addendum. Based on a new survey, the actual disturbance on the property is 69.9%, which is less than the 78% discussed in the Second Addendum. This project does not seek any additional disturbance. It seeks a variance to authorize the 69.9% disturbance. The wall encroachment is minimal-between 1'-2.5' into the side yard setback and is sited behind the residence and will be visible only to the residence. The wall encroachment would allow the owners to enjoy a slightly greater yard and maintain the required distance between a slope and structure. The Zoning Code supports open space which the additional square footage of yard will provide. E. The variance does not grant special privilege to the Applicant. The landslide and the remediation efforts caused the disturbance to exceed the maximum allowable under the RHMC. The remediation of landslides improved the safety and aesthetic of the land not only for Applicant but also for surrounding residences. The wall encroachment is minimal between 1'-2.5' into the side yard setback and is sited behind the residence. The wall encroachment would allow the owners to enjoy a slightly greater yard and maintain the required distance between a slope and structure. The wall is not visible from other adjacent properties and will provide Applicant with greater use of the property which is restricted by Poppy Trail Road and Georgeff Trail. 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 because there are no hazardous waste facilities at issue in this case. G. The variance request is consistent with the General Plan. The proposed grading for the project will provide for residential uses and equestrian uses which is in line with the General Plan. The proposed retaining wall for the project will provide the Applicant with a slightly greater yard while maintaining the required distance between a slope and struciure. This will provide for more open space on the property of which the Applicant can make use since the property is restricted by Poppy Trail Road and Georgeff Trail. This additional open space is consistent with the General Plan. Section 11. Based upon the foregoing findings, the Planning Commission hereby approves Zoning Case No. 955 request for construction of construction of a new 6,374 square foot residence, including 756 square foot attached garage and 934 square foot basement, a 1,643 square foot swiinining pool and spa, grading of 5,600 cubic yards IZeso.2019-10 7 1 Poppy Trail. of dirt including excavation of a pool and basement, and a retaining wall along the north western limits of the building pad; Conditional Use Permits for a 452 square foot stable and 575 square foot corral; and Variances to exceed the maximum permitted lot disturbance and for the retaining wall along the north western limits of the building pad to be located in the side yard setback, subject to the following conditions: A. The Site Plan, Variances, and Conditional Use Permit approval 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, 17.42.070 and 17.38.070 of the RHMC, or the approval granted is otherwise extended pursuant to the requirements of those sections. B. If any condition of this resolution is violated, the entitlement granted by this resolution shall be suspended and the privileges granted hereunder shall lapse and upon receipt of written notice from the City, all construction work being performed on the subject property shall immediately cease, other than work determined by the City Manager or his/her designee required to cure the violation. The suspension and stop work order will be lifted once the Applicant cures the violation to the satisfaction of the City Manager or his/her designee. In the event that the Applicant disputes the City Manager or his/her designee's determination that a violation exists or disputes how the violation must be cured, the Applicant may request a hearing before the City Council. The hearing shall be scheduled at the next regular meeting of the City Council for which the agenda has not yet been posted; the Applicant shall be provided written notice of the hearing. The stop work order shall remain in effect during the penden�y of the hearing. The City Council shall make a determination as to whether a violation of this Resolution has occurred. If the Council determines that a violation has not occurred or has been cured by the time of the hearing, the Council will lift the suspension and the stop work order. If the Council determines that a violation has occurred and has not yet been cured, the Council shall provide the Applicant with a deadline to cure the violation; no construction work shall be performed on the property until and unless the violation is cured by the deadline, other than work designated by the Council to accomplish the cure. If the violation is not cured by the deadline, the Council rnay either extend the deadline at the Applicant's request or schedule a hearing for the revocation of the entitlements granted by this Resolution pursuant to Chapter 17.58 of the RHMC. 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. Prior to submittal of final working drawings to Building and Safety Department for issuance of building permits, the plans for the project shall be submitted to City staff for verification that the final plans are in compliance with the plans approved by the City Council. E. The lot shall be developed and maintained in substantial conformance with the site plan on file dated April 10, 2019 except as otherwise provided in these conditions. All conditions of the Site Plan Review, Variances and Conditional Use Permit approvals shall be incorporated into the building permit working drawings, and where applicable complied with prior to issuance of a grading or building permit from the building department. The conditions of approval of this Resolution shall be printed onto building plans submitted to the Building Department for review and shall be kept on site at all times. Any modifications and/or changes to the approved project, including resulting from field conditions, shall be discussed and approved by staff prior to implementing the changes. F. A licensed professional preparing construction plans for this project for Building Department review shall execute a Certificate affirming that the plans conform Reso.2019-10 8 1 Poppy Trail. in all respects to this Resolution approving this project and all of the conditions set forth therein and the City's Building Code and Zoning Ordinance. Further, the person obtaining a building and/or grading permit for this project shall execute a Certificate of Construction stating that the project will be constructed according to this Resolution and any plans approved therewith. G. The structural net lot coverage shall not exceed 10,809 square feet or 5.28%, in conformance with the structural lot coverage limitations, (20% max. permitted). The total lot coverage shall not exceed (structural and flatwork) 28,041 square feet or 13.72%, in conformance with the total lot coverage limitations, (35% max. permitted). H. The disturbed area of the lot, including the area for the stable and corral and including the previously remediated and stabilized area of the lot shall not exceed 69.6%. Grading for this project shall not exceed 5,600 cubic yards, total, to even out and compact the existing building pad and for basement and pool excavation, and is to be balanced on site. I. The existing residential building pad of 23,750 square feet may be enlarged to 24,610 square feet and shall not exceed structural coverage of 10,809 square feet or 43.9%; and with allowed deductions,43.7% coverage. J. A driveway and a turn-around shall be provided per the Fire Department requirements. K. A minimum of five-foot path and/or walkway, which does not have to be paved, shall be provided around the entire perimeter of all of the proposed structures, or as otherwise required by the Fire Department. L. The height of the highest ridgeline of the residence shall not exceed 18.25 feet from the finished grade to the finished surface of the roof. The highest ridgeline of the stable shall not exceed 12.25 feet from the finished grade to the finished surface of the roof. M. The stable shall not exceed 452 square feet and the corral 575 square feet. All provisions of Chapter 17.18 of the zoning ordinance shall be complied with, including the size of the tack room and agricultural spaces. N. The conditions of approval enumerated in Resolution No. 2010-21, (Site Plan and Variances for remediation and stabilization of the lot following the landslide), where applicable, shall be complied with and shall include but not be limited to the following: a. The MSE (Mechanically Stabilized Earth) walls shall be landscaped and maintained in good condition at all times. b. The previously remediated slopes shall be maintained with suitable deep- rooted ground cover and be in substantial compliance with the landscaping plans approved for the land stabilization and remediation in Zoning Case No. 791. c. The area of the lot, located across Poppy Trail, (westerly thereo fl has been designated as Ecologically Sensitive Area and no construction, parking, staging, storage or any other activity shall take place in this area. O. Trees or shrubs shall be planted in a manner that their growth does not obstruct views of neighboring properties, but are to be planted to screen the home, stable and accessory structures from neighbors, and shall be maintained at a height of the ridgeline of the structure(s) it is intended to screen. Trees and shrubs shall not result in a hedge like screen. The landscaping shall utilize to the maximum extent feasible, plants that are native to the area, are water-wise and are consistent with the rural character of the community. The landscaping shall be subject to the requirements of the City's Water Efficient Landscape Ordinance, (Chapter 13.18 of the RHMC), and shall be submitted to the City prior to obtaining a grading permit. Reso.2019-10 9 1 Poppy Trail. P. The pool and pool equipment area shall be screened with landscaping. Sound attenuating equipment shall be installed to dampen the sound from the pool equipment area and the pool pump. The project shall utilize the most quiet and technologically advanced equipment to dampen the sound. Per LA County Building Code, pool barrier/fencing shall be required. Q. The Applicant shall comply with all requirements of the Lighting Ordinance of the City of Rolling Hills (RHMC 17.16.190 E), pertaining to lighting on said property; roofing requirements and material requirements for properties in the Very High Fire Hazard Severity Zone. A copy of the Fire Department approved Fuel Modification plan and certification shall be deposited with the City. R. All utility lines to all structures on the lot shall be placed underground, subject to all applicable standards and requirements. S. Hydrology, soils, geology and other reports, as required by the Building and Public Works Departments, and as may be required by the Building Official, shall be prepared. T. A construction fence may be allowed or may be required by the City or the Building Department staff for the duration of the construction of the project. City staff shall approve the location and height of the fence. The construction fence shall not be placed more than 15 calendar days prior to commencement of the construction and shall be removed within 15 calendar days of substantial completion of the project as determined by City staff or at any given time at the discretion of City staff. U. Placement of one construction and one office trailer may be permitted for the duration of on-site construction activities during an active building permit; each shall be no larger than 8' x 40' in size, and must be authorized by City staff with such authorization being revoked at any point deemed reasonable by City staff. Such trailers, to maximum extent practicable shall be located in a manner not visible from the street. Unless otherwise approved by staff, with proof of a good cause, such trailers shall not be located in any setback or front yard, may be placed on the site no more than 15 calendar days prior to commencement of construction and must be removed within 15 calendar days of expiration of a building permit, revocation, or finalization of the project. V. Minimum of 65% of any construction materials must be recycled or diverted from landfills. The hauler of the materials shall obtain City's Construction and Demolition permits for waste hauling prior to start of work and provide proper documentation to the City. W. 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. X. During construction, to the extent feasible, all parking shall take place on the project site, but if necessary, any overflow parking may take place within the unimproved roadway easements along adjacent streets, and shall not obstruct neighboring driveways, visibility at intersections or pedestrian and equestrian passage. During construction, to the maximum extent feasible, employees of the contractor shall car-pool into the City. To the extent feasible, a minimum of 4' wide path, from the edge of the roadway pavement, for pedestrian and equestrian passage shall be available and be clear of vehicles, construction materials and equipment at all times. A flagmen shall be used to direct traffic when necessary, including during delivery of large construction equipment or materials. Y. 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 Reso.2019-10 10 1 Poppy Trail. 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. Z. The contractor shall not use tools that could produce a spark, including for clearing and grubbing, during red flag warning conditions. Weather conditions can be found at: http://www.wrh.noaa.gov/lox/main.php?suite=safety&page=hazard_definitions#FIRE. It is the sole responsibility of the property owner and/or his/her contractor to monitor the red flag warning conditions. Should a red flag warning be declared and if work is to be conducted on the property, the contractor shall have readily available fire distinguisher. AA. 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) requirements related to solid waste, drainage, cisterns, and storm water drainage facilities management and to the City's Low Impact development Ordinance (LID), if applicable. Further the property owners shall be required to conform to the County Health Department requirements for a septic system. AB. Prior to finaling of the project an "as graded" and "as constructed" plans and certifications, including certifications of ridgelines of the structures, shall be provided to the Planning Department and the Building Department to ascertain that the completed project is in compliance with the approved plans. In addition, any modifications made to the project during construction, shall be depicted on the "as built/as graded" plan. AC. The Applicant shall execute an Affidavit of Acceptance of all conditions of this permit pursuant to Zoning Ordinance, or the approval shall not be effective. The affidavit shall be recorded together with the resolution. PASSED, ,w��'PR � � �AD�C7PTED THIS 25th DAY OF JUNE,2019. ,�, �, � �� F ..',i:'� .� f,• t �,+''/f f �� �/ 1 . ,.� . . . B A CHELF, AIR AN r � � ATTES J : � �. �''CITY CLERK d� 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. Reso.2019-10 11 1 Poppy Trail. STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) �§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 2019-10 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR THE CONSTRUCTION OF A NEW RESIDENCE WITH ATTACHED GARAGE AND BASEMENT, RETAINING WALL, SWIMMING POOL, AND GRADING; A CONDITIONAL USE PERMIT TO CONSTRUCT A STABLE AND CORRAL; AND VARIANCES TO EXCEED THE MAXIMUM PERMITTED DISTURBANCE OF THE LOT AND TO ENCROACH A RETAINING WALL INTO THE SIDE YARD SETBACK IN ZONING CASE NO. 955 AT 1 POPPY TRAIL, (LOT 90-B2- RH), (YEH). was approved and adopted at an adjourned regular meeting of the Planning Commission on June 25, 2019 by the following roll call vote: AYES: CARDENAS, COOLEY, KIRKPATRICK, AND CHAIR CHELF. NOES: NONE. ABSENT: SEABURN. ABSTAIN: NONE. and in compliance with the laws of California was posted at the following: Administrative Offices ,�,+ ,��i CITY ERK � Reso.2019-10 12 1 Poppy Trail.