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2019-12.pdf RESOLUTION NO. 2019-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A SECOND MAJOR MODIFICATION TO PREVIOUSLY GRANTED SITE PLAN REVIEW, CONDITIONAL USE PERMIT, AND VARIANCE ENTITLEMENTS TO APPROVE A VARIANCE TO EXCEED THE MAXIMUM PERMITTED LOT DISTURBANCE IN ZONING CASE NO. 896 AT 11 SADDLEBACK ROAD (WARREN). THE PLANNING COMMISSION DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. Recitals. A. In 2015, Ms. Candice Warren (Applicant) filed and application for Site Plan Review, Conditional Use Permits, Variances, and corresponding administrative approvals to construct a 4,745 square foot residence with a 342 square foot basement, 659 square foot attached garage, 370 square feet covered patio, 450 square foot swimming pool, 50 square foot spa, 50 square foot pool equipment area; to convert an existing detached garage to a 2,415 square foot stable and add a 625 square foot loft located in the front yard area of the lot (in front of the leading edge of the residence) with a 135 square foot porch at the stable, 1,685 square foot corral, and two trellises 210 square feet each; and to construct a 60 square foot outdoor kitchen/bbq, 18 square foot fire place, 96 square foot service yard, 950 square foot pool decking, 2,050 square foot patio, 1,060 square feet of additional paving, a not to exceed 3.5' high seating wall along the pool decking, and 13,860 square foot, (70' by 198'), dressage arena, a portion of which would be located in the front yard area of the lot, with not to exceed 5' high retaining wall along the front portion of the arena and not to exceed 4' high retaining wall along a path leading from the stable to the arena above the pool area. The application also proposed grading of 23,700 cubic yards of dirt total to be balanced on site which included overexcavation and recompaction, and disturbance of the net lot area of 75%. B. The Planning Commission conducted duly noticed public hearings to consider the application at their regular meeting on December 15, 2015, January 19, 2016, and March 15, 2016, and in the field on January 19, 2016. Neighbors within 1,000- foot radius were notified of the public hearings and a notice was published in the Peninsula News on December 3, 2015 and March 3, 2016. The applicants and their agents were notified of the public hearings in writing by first class mail and the applicants and their 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. Three residents visited the site during the noticed field trip on January 19, 2016. Commissioners and these residents expressed concern about the driveway access to the stable being made primarily of concrete, the access to the dressage arena coming off of Saddleback Road, and the dressage arena encroaching into the front setback. The applicant's responded with a revised plan to address all of these concerns. The revised plan reflected the driveway being made of decomposed granite, access to the dressage arena being relocated to be accessed from the primary driveway, and the dressage arena being"pushed back" on the lot to no longer encroach into the front yard setback. C. The Planning Commission found that the project was exempt from the California Environmental Quality Act, (CEQA) pursuant to section 15303 (new construction of single family residence and accessory structures), and section 15061(b)(3) (common sense exemption) of the CEQA guidelines. D. At its regular meeting on March 15, 2016, the Planning Commission approved Resolution No. 2016-08 granting the requested Site Plan Review, Conditional Use Permits, and Variances for the above mentioned project. Reso.2019-12 1 11 Saddleback Rd. E. On January 11, 2017, Applicant filed a Major Modification application relating to the previously granted Site Plan Review, Conditional Use Permit, and Variance entitlements to construct a 4,805 square foot residence (1,736 s.f. new addition and remodel of 3,069 s.f. existing residence), a 1,056 square foot basement, 468 square foot attached garage, to reduce in size but retain a 971 square foot detached garage; 2,430 square foot new stable with a portion located in the front yard area of the lot (in front of the leading edge of the residence), 1,350 fenced open turnout paddocks, and 13,930 square foot dressage arena, a portion of which would be located in the front yard area of the lot, and a not to exceed 5' high retaining wall (at its highest) along the southerly portion of the arena in the side setback. The application also proposed grading of 8,026 cubic yards of dirt total to be balanced on site (4,013 cubic yards cut and 4,013 fill) which caused the disturbed area of the lot to be 43% ("First Major Modification"). Applicants also sought accompanying administrative approvals to construct a 425 square foot swimming pool, a 50 square foot spa, a 50 square foot pool equipment area, a 60 square foot outdoor kitchen/bbq, 18 square foot fire place, 96 square foot service yard, 950 square foot pool decking, 1,050 square foot patio, and 1,060 square feet of paving. In effect, the plans underlying the First Major Modification superseded the plans approved in Resolution No. 2016-OS. F. The Planning Commission conducted duly noticed public hearings to consider the application at their regular meeting on February 21, 2017 and March 21, 2017, and in the field on March 21, 2017. Neighbors within 1,000-foot radius were notified of the public hearings and a notice was published in the Peninsula News on February 9, 2017, and March 9, 2017. The applicant's and their agents were notified of the public hearings in writing by first class mail and email 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. No neighbors testified against the modified project. G. The Planning Commission found that the project was exempt from the California Environmental Quality Act, (CEQA) pursuant to section 15303 (new construction of single farnily residence and accessory structures), and section 15061(b)(3) (common sense exemption) of the CEQA guidelines. H. At its regular meeting on April 18, 2017, the Planning Commission approved Resolution No. 2017-05 granting the requested First Major Modification to the Site Plan Review, Conditional Use Permit, and Variance entitlements. I. Applicant later abandoned the entitlement for the not to exceed 5' high retaining wall (at its highest) along the southerly portion of the arena in the side setback. J. On June 15, 2017, Applicant obtained a grading permit for the dressage arena and the stable from the Building and Safety Department. K. On January 18, 2018 Applicant filed an application, in Zoning Case No. 937, for additional Variances to construct a portion of a retaining wall on the southeasterly side of the dressage arena to be located in the side and front setback and to permit encroachment of an as-built dressage arena ("2018 Variances"). The southeasterly wall is 41h feet in height at its highest point tapering off to 21h feet on one side and approximately 18 inches on the other side. The average wall height is less than 2 1/z feet high. The as-built dressage arena encroaches a maximum of 10 feet into the front yard setback. The original approved plan allowed for the arena to be partially located in the front yard area outside of the required setback. L. On April 18, 2018, Applicant obtained a building perrnit for the construction of the stable, wash area and porch. The stable and dressage arena are completed. On May 10, 2018 the Applicant obtained a building permit for the retaining wall. The retaining wall is completed. Reso.2019-12 2 11 Saddleback Rd. M. The Planning Commission conducted duly noticed public hearings to consider the application beginning at their field visit on February 20, 2018. The hearing was continued to the evening Planning Commission meeting held on that same date. After review and discussion of additional landscaping for the project, the Planning Commission directed staff to prepare a Resolution of Approval. N. The Planning Commission found that the project is categorically exempt pursuant to Section 15303,Class 3 of the California Environmental Quality Act(CEQA). O. At its regular meeting on March 20, 2018, the Planning Commission approved Resolution No. 2018-03 granting the requested 2018 Variances, in Zoning Case No. 937, ("2018 Variances"). P. On May 13, 2019 Applicant filed another Major Modification application for an additional Variance to construct two biofiltrartion units that will increase the disturbance on the lot to 58% ("Second Major Modification"). Q. The Planning Commission conducted duly noticed public hearings to consider the application beginning at their field visit on June 18, 2019. The hearing was continued to an adjourned Planning Commission meeting held on June 25, 2019. After review and discussion of the project, the Planning Commission directed staff to prepare a Resolution of approval. R. The Planning Commission found that the project is categorically exempt pursuant to Section 15303, Class 3 of the California Environmental Quality Act (CEQA). Section 2. The findings for Site Plan Review entitlements relating to the First Major Modification from Resolution No. 2017-05 for the 4,805 square foot residence (1,736 square foot addition and 3,069 square foot remodel), including 1,056 square foot basement and 468 square foot attached garage, retaining wall along the southerly portion of the arena, and grading are restated below except as it relates to the retaining wall along the southerly portion of the arena because it was abandoned. 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 new 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 not more than 999 square feet in any thirty-six (36) month period. The grading for the ancillary outdoor structures (swimming pool, decking, and patio) require Site Plan Review, but the actual structures themselves do not. With respect to the Site Plan grading and the proposed structures 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 structures comply with the General Plan requirement of low profile, low-density residential development with sufficient open space between surrounding structures and maintaining sufficient setbacks to provide buffers between residential uses. Although the disturbed area exceeds the maximum permitted amount of 40%, a large portion of it is for the proposed 13,930 square foot dressage arena (which requires a Conditional Use Permit). The dressage arena promotes the rural, equestrian aesthetic of Rolling Hills. The existing paved driveway leading to the stable will have a portion for a horse pathway replaced with decomposed granite,which also promotes a feeling of open space. The project conforms with Zoning Code lot coverage requirements, except for disturbance. The net lot area of the lot is 98,358 square feet. The structural net lot coverage is proposed at 10%, which includes all of the structures (no deductions were taken), (20% max. permitted); and the total lot coverage proposed, including the stable would be 19.7%, (35% max. permitted). The disturbed area of the lot is proposed to Reso.2019-12 3 11 Saddleback Rd. increase from 36% to 50.8% due in large part to the dressage arena (which is a reduction from 75% from the original proposal). 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 it was determined that the proposed development will not adversely affect or be materially detrimental to adjacent uses, buildings, or structures, because the proposed project will be constructed largely on an existing building pad of the currently developed lot, will be the least intrusive to surrounding properties, will be screened and landscaped with trees and shrubs, is of sufficient distance from nearby residences so that it 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. The lot is 2.25 acres net in size and will feature a dressage arena and stable. The proposed 4,805 square foot home is only 1,736 square feet larger than the existing home that will be largely retained and remodeled as part of this project. A portion of the existing garage will be demolished with the rest of the structure retained. The dressage arena wi11 be developed on the currently vacant portion of the lot and will remain open space. C. The proposed development, as conditioned, is harmonious in scale and mass with the site, and is consistent with the scale of the neighborhood when compared to new residences in the vicinity of said lot, located on much smaller lots. Portions of the lot will be left undeveloped. The project will be screened from the road and all neighbors. The residences on neighboring properties average to 4,447 square feet. The proposed residence is 4,805 that bring it in-line with homes nearby. D. The development will introduce additional landscaping for vegetated slopes, which is compatible with and enhances the rural character of the community, and will provide a transition area between private and public areas. E. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles because the applicants will continue to utilize the existing driveway to the residence and the stable, and the dressage arena will be accessed from the main driveway for heavier vehicles ingress/egress. F. The project is exempt from the requirements of the California Envirorunental Quality Act pursuant to section 15303 (new construction of single family residence and accessory structures), and section 15061(b)(3) (common sense exemption) of the CEQA guidelines. Section 3. The findings for Conditional Use Permit entitlements relating to the First Major Modification from Resolution No. 2017-05 for the 2,50.80 square foot stable, 1,350 square foot fenced open turnout paddocks, and 13,930 square foot dressage arena are restated below. Section 17.18.040E of the Rolling Hills Municipal Code permits approval of a stable over 200 square feet and riding arena with a Conditional Use Permit provided the uses are not located in the front yard or in any setbacks. Portions of both, the stable and dressage arena are proposed to be located in the front yard area of the lot. With respect to this request for a Conditional Use Permit, the Planning Commission finds as follows: A. Conditionally permitted uses are not outright permitted by the Rolling Hills Municipal Code. The Commission must consider applications for conditional use permits and may, with such conditions as are deemed necessary, approve a conditional use which will not jeopardize, adversely affect, endanger or to otherwise constitute a menace to the public health, safety or general welfare or be materially detrimental to the property of other persons located in the vicinity of such use. Reso.2019-12 4 11 Saddleback Rd. B. The granting of a Conditional Use Permit for the new stable and for the dressage arena would be consistent with the purposes and objectives of the Zoning Ordinance and General Plan because the uses are consistent with similar uses in the community, and except for their location, meet all the applicable code development standards for a stable and arena, and they are located in an area on the property that is adequately sized to accommodate such uses. The proposed uses are appropriately located in that they will be sufficiently separated from nearby structures used for habitation or containing sleeping quarters. The development would be constructed in furtherance of the General Plan goal of promoting and encouraging equestrian uses. The existing, legally constructed detached garage will be reduced in size and a portion removed from the front yard setback. C. The nature, condition, and development of adjacent structures have been considered, and the project will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures because the proposed stable orientation is not towards neighbors and its general location is of sufficient distance from nearby residences so as to not impact the view or privacy of surrounding neighbors. The proposed stable is to be located next to the arena and is separate from the other outdoor living areas on the property. The dressage arena would be located in an area of the lot that is not in proximity to any residents. The existing detached garage remains in its previous approved location. D. The project is harmonious in scale and mass with the site, the natural terrain, and surrounding residences because the garage, stable and dressage arena comply with the low profile residential development pattern of the community and will not give the property an over-built look. The lot is 2.25 acres net in size and is sufficiently large to accommodate the proposed uses. E. The proposed equestrian conditional uses, other than being proposed in the front yard area, comply with all applicable development standards of the zone district and require a Conditional Use Permit pursuant to Sections 17.18.090 and 17.18.100 of the Zoning Ordinance. F. The proposed conditional uses are consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to 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. Section 4. The findings for Variance entitlements from Resolution No. 2017-05 relating to the First Major Modification for the 2,50.80 square foot stable with a portion located in the front yard area, 13,930 square foot dressage arena with a portion located in the front yard area, a 5 foot high retaining wall (at its highest) along the southerly portion of the dressage arena in the side setback, and proposed grading resulting in disturbed area in the amount of 43% exceeding the 40% maximum are restated below except as it relates to the 5 foot high retaining wall (at its highest) along the southerly portion of the dressage arena in the side setback as it was abandoned. Sections 17.38.010 through 17.38.050 of the Code permit approval of a variance from the standards and requirements of the Zoning Ordinance when, due to exceptional or extraordinary circumstances applicable to the property and not applicable to other similar properties in the same zone, strict application of the Code would deny the property owner substantial property rights enjoyed by other properties in the same vicinity and zone. The applicant seeks a variance from the requirement 17.18.060A.2. and 17.18.100.3 that stables and riding rings not be located in the front yard; and from 17.16.070B. that disturbance be limited to 40% of the net lot area. 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 or class of use in the same zone because Saddleback Road wraps around the Reso.2019-12 5 11 Saddleback Rd. property and constrains the lot with a large roadway easement. The topography of the lot, specifically the steep slopes on the western portion of the lot further confine where development can be located. The existing garage is located in the front yard and the applicant proposes to retain the existing structure after demolition of a small portion of it. At 36%, the disturbance is already close to the 40% maximum and is proposed to increase to 43% to accommodate the proposed dressage arena. 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 because Saddleback Road wraps around the property and the large roadway easement substantially reduces the net lot area for development. The residential building pad and the existing garage pad are largely developed already, and there are no other options for locating structures on new pads due to the steepness of the surrounding slopes. The existing garage is not easily seen from the road. There were no concerns voiced by neighbors about where the existing garage is located nor where the stable and arena will be located. The exceedance of the disturbance is due in large part to the proposed dressage arena. The other structures (pool, remodeled residence, and stable) on the residence building pad are located fairly close to one another and make best use of the shape of the lot as it is constrained by Saddleback Road. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the property or improvernents in such vicinity and zone in which the property is located because the proposed stable and arena is not in any setbacks. The stable will be compatible with desired rural aesthetic of Rolling Hills and therefore would not affect property values. The dressage arena will remain as open space. D. 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. E. The variance request is consistent with the General Plan. The proposed project, together with the variance, will be compatible with the objectives, policies, general land uses and programs specified in the General Plan and will uphold the City's goals to protect and promote construction that is rural in nature. Section 5. The findings for the 2018 Variance entitlements from Resolution No. 2018-03 for the retaining wall from the rear of the arena to be located in the side and front yard setbacks and for the dressage arena to encroach into the front yard setback are restated below. Sections 17.38.010 through 17.38.050 of the Code permit approval of a variance from the standards and requirements of the Zoning Ordinance when, due to exceptional or extraordinary circumstances applicable to the property and not applicable to other similar properties in the same zone, strict application of the Code would deny the property owner substantial property rights enjoyed by other properties in the same vicinity and zone. The applicant seeks a variance from the requirement from 17.16.110. that maintains every lot shall have a 50 foot front setback. With respect to this request for a Variance, 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 or class of use in the same zone because the subject property has roadway easement frontage on three sides of the property increasing the area of setback. 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 because many properties in the Reso.2019-12 6 11 Saddleback Rd. immediate vicinity have equestrian uses located in front of the existing residences. Further, once the property is landscaped, the as-built encroachment into the setback will not be visible from the roadway easement. The newly proposed 41h foot wall is in a better location than the previously approved retaining wall and will not be visible from the roadway easement. 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 because it would reduce the area on the property used for equestrian purposes. The dressage arena is compatible with the desired rural aesthetic of Rolling Hills and therefore would not affect property values. The arena will remain as open space. D. 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. E. The variance request is consistent with the General Plan. The proposed project, together with the variances, will be compatible with the objectives, policies, general land uses and programs specified in the General Plan and will uphold the City's goals to protect and promote construction that is rural in nature. Section 6. A variance from the requirements of Section 17.16.070 of RHMC is required due to the increased disturbance to 58% which is above the 40% maximum allowed pursuant to the RHMC so that Applicant can construct two biofiltration units on the property. This variance supersedes the variances issued by the City in 2016 and 2017 relating to the maximum disturbance area. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code permit approval of Variances granting relief from the standards and requirements of the Zoning Ordinance when exceptional or extraordinary circumstances applicable to the property prevent the owner from making use of a parcel of property to the same extent enjoyed by similar properties in the same vicinity or zone. With respect to the aforementioned request for a variance, the Planning Commission finds as follows: A. There are exceptional circumstances and conditions on the subject property. The property is encumbered by a very long roadway easement as Saddleback Road wraps around the property resulting in the net lot area to be diminished in size and therefore the disturbance of the lot becomes greater than if the roadway easement was shorter. The grading required for the biofiltration units causes the disiurbance to increase to 58% of the net lot area. The disturbance will allow for two biofiltration units to be built on shallow slopes. Each property with new development is required to control runoff volume from the property site by minimizing the impervious surface area and controlling runoff through infiltration or bioretention. The two bioretention basins will control runoff on the property. B. The variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property owners in the same vicinity and zone but which is denied to the property in question by strict application of the code. Saddleback Road wraps around the property and the large roadway easement substantially reduces the net lot area for development. There are no other options for locating the biofiltration units, which are part of the drainage system. The topography and hydrology of the lot dictate the location of the biofiltration units, so that an acceptable drainage design for the property may be accomplished. There were no concerns voiced by neighbors about the devices or their location. C. The granting of the variance would not be materially detrimental to the public welfare or injurious to the properties or improvements in such vicinity. The biofiltrartion units are necessary for the drainage system and will be located on shallow slopes and will remain vegetated.Run off will be collected in a managed fashion, so as not to flood the property and to discharge clean water into the street. They will not be Reso.2019-12 7 11 Saddleback Rd. visible to anyone from the street or other properties and therefore will not be materially detrimental to the public or other properties. D. In granting the variance, the spirit and intent of the Zoning Ordinance will be observed. The biofiltrartion units cannot be located on any other portion of the property and are necessary for proper drainage on the property. Proper drainage on the property will serve the property and the neighborhood to prevent flooding. E. The variance does not grant a special privilege to the Applicant. The new development must comply with the stormwater management provisions of the RHMC. There are no other options for locating the biofiltration units, which are part of the drainage system. The units are vegetated basins that work with gravity to drain the site and clean the runoff. The biorientation basins will eventually become a part of the site landscaping and will perform long term, with minimal maintenance. 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. There are no hazardous waste facilities at issue in this case. G. The variance is consistent with the general plan of the City of Rolling Hills. The proposed project, together with the variances, will be compatible with the objectives, policies, general land uses and prograrns specified in the General Plan to protect health and safety of the residents by developing a drainage system that would protect the property during heavy rainstorms and meet the state requirements for clean water draining to the storm drain system. These biofiltrartion units will collect water in a managed fashion, so that flooding is prevented. Section 7. The Planning Commission finds that the project qualifies for a Class 3 Exemption (State of CA Guidelines, Section 15303 - New Construction or Conversion of Small Structures) and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 8. Sased upon the foregoing findings and the evidence in the record, the Planning Commission hereby conditions the grants of approval for the entitlements subject to this resolution as follows: A. The Conditional Use Permit, Site Plan, and Variance approvals shall expire in accordance with RHMC Sections 17.46.080, 17.42.070 and 17.38.070, unless otherwise extended pursuant to the requirements of those sections. S. 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 pendency 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 Reso.2019-12 8 11 Saddleback Rd. Council may 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 Rolling Hills Municipal Code (RHMC). C. All requirements of the Buildings and Construction Ordinance, the Zoning Ordinance, and of the zone in which the subject property is located must be complied with unless otherwise set forth in this permit, or shown otherwise on an approved plan. D. The lot shall be developed and maintained in substantial conformance with the site plans on file dated as follows: March 3, 2017, February 14, 2018, and May 16, 2019 except as otherwise provided in these conditions. The working drawings submitted to the Department of Building and Safety for plan check review shall conform to the approved development plan. All conditions of the Conditional Use Permit, Site Plan Review, and Variance 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. A modification may require a public hearing before the Planning Commission if the modification represents a major modification to the project. E. A licensed professional preparing construction plans for this project for Building Department review shall execute a Certificate affirming that the plans conform 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. F. Structural lot coverage of the lot shall not exceed 11,969 square feet or 12.1% of the net lot area, in conformance with lot coverage limitations (20% maximum). The total lot coverage proposed, including structures and flatwork shall not exceed 18,098 square feet or 18.4%, of the net lot area, in conformance with lot coverage limitations (35% max). G. Grading for this project shall consist of 8,026 cubic yards with 4,013 cubic yards of cut and 4,013 cubic yards of fill. The disturbed area of the lot, including the approved stable and corral shall not exceed 58%. H. The residential building pad will be 22,804 square feet and will have coverage of 7,799 square feet (including deductions) or 34.2%. I. The dressage arena may not have lights anywhere within it or around it. Should a mirror be installed in the future at the Arena, and if reflection of the sun off the mirror causes glare on adjoining properties, it shall be the responsibility of the property owner or installer to mitigate this problem in a timely manner. J. The applicant shall provide documented proof that the Southern California Edison Easement has been vacated by SO Cal Edison, or the applicant has permission from them to locate the dressage arena in the easement. K. The applicant shall provide verification from Los Angeles County Land Development Division that the dressage arena can be located in the restricted use area. L. The dissipaters 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 Reso.2019-12 9 11 Saddleback Rd. technologically advanced equipment to dampen the sound. Per LA County Building Code,pool barrier/fencing shall be required. M. The applicant shall comply with all requirements of the Lighting Ordinance of the City of Rolling Hills (RHMC 17.16.190) pertaining to lighting on said property and roofing material requirements of properties and all other ordinances and laws of the City of Rolling Hills. N. All utility lines to the residence, detached garage and stable shall be placed underground, subject to all applicable standards and requirements. O. A drainage plan, as required by the Building Department shall be prepared and approved by City Staff prior to issuance of a construction perxnit. Such plan shall be subject to LA County Code requirements. 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. P. All graded slopes shall be landscaped. Prior to issuance of building permit, a detailed landscaping plan shall be submitted to the City in conformance with Fire Department Fuel Modification requirements and shall be subject to the requirements of the City's Water Efficient Landscape Ordinance, (Chapter 13.18 of the RHMC). The landscaping plan shall include vegetation and trees, pepper or other like species, near the south and western portion of the dressage arena to the satisfaction of City staff; with a minimum of 24-inch box trees on the top row and a minimum of 15- gallon trees on the lower rows surrounding the south side of the arena. The detailed landscaping plan shall provide that any trees and shrubs used in the landscaping scheme for this project shall be planted in a way that screens the project development from adjacent streets and neighbors, such that shrubs and trees as they grow do not grow into a hedge or impede any neighbors' views. The landscaping plan 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 project shall be continually maintained in substantial conformance with the landscaping plan. Prior to issuance of a final construction or grading approval of the project, all graded slopes shall be landscaped. Q. The existing portion of the concrete driveway leading directly to the proposed stable shall be removed and direct access to the stable and to the arena shall be decomposed granite or like 100% pervious roughened material. A revised driveway plan shall be submitted to City in compliance with this requirement. R. The setback lines and roadway easement line in the vicinity of the construction for this project shall remain staked throughout the construction. A construction fence may be required. S. 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 permit for waste hauling prior to start of work and provide proper documentation of compliance to the City. A permit fee and a deposit shall be required. T. 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. U. A minimum of five-foot level 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. Reso.2019-12 10 11 Saddleback Rd. V. At any time there are horses on the property, Best Management Practices (BMPs) shall be applied for manure control, including but not be limited to removal of the manure on a daily basis or provision of a receptacle with a tight closing lid that is constructed of brick, stone, concrete, metal or wood lined with metal or other sound material and that is safeguarded against access by flies. The contents of said receptacles shall be removed once a week. It is prohibited to dispose of manure or any animal waste into the Municipal Separate Storm Sewer System (MS4), into natural drainage course or spread on the property. W. 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=saf ety&page=hazard_definitions#FIR E. 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. X. During construction, to the extent feasible, all parking shall take place on the project site, on the new driveway and, 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 coniractor 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. 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) requirements related to solid waste, drainage and storm water drainage facilities management and to the City's Low Impact development Ordinance (LID). Further the property owners shall be required to conform to the County Health Department requirements for a septic system. Z. Prior to finaling of the project an "as graded" and an "as constructed" plans and certifications 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. AA. 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. AS. The entire project and the basement access shall be approved by the Rolling Hills Community Association and shall not appear as a second story from any roadway easement vantage point. AC. Any work, structure, device or utility, including dissipaters in the easements must be reviewed and approved by the RHCA. AD. The Plans shall be submitted to the LA County Building and Safety Department for review, issuance of permits and inspections. 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 Planning Commission. AE. The encroachment of the dressage arena shall be a maximum of 10 feet into the front setback area. Reso.2019-12 11 11 Saddleback Rd. AF. During construction, if required by the building official, protection of slopes shall be provided in a form of a jute mesh or suitable geofabrics or other erosion control methods implemented. AG. 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. 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. AH. During construction, conformance with the air quality management district requirements, storm water pollution prevention practices, county and local ordinances and engineering practices shall be required, so that people or property are not exposed to undue vehicle trips, noise, dust, and objectionable odors. AI. Construction vehicles or equipment, employees vehicles, delivery trucks shall not impede any traffic lanes to the maximum extend practical; and if necessary to block traffic in order to aid in the construction, no more than a single lane may be blocked for a short period of time and flagmen utilized on both sides of the impeded area to direct traffic. Section 9. The Planning Commission hereby rescinds Planning Commission Resolution Nos. 2016-08, 2017-08, and 2018-05, which are superseded by this Resolution which contains all findings and conditions applicable to the project. PASSED, AP,,f�,�'�E�7V� �.� AI�C.�PT :D THIS 16TH DAY OF JULY 2019. ��� .� �f ;°" �� �/ � -��.�"t_:1: t....._._ l. '' .a�:' BRl1� CHELF, CH`�1�7�MAl�' r � , ATTEST: �� , � C�7I'Y LERK 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.2019-12 12 11 Saddleback Rd. STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) �§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 2019-12 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A SECOND MAJOR MODIFICATION TO PREVIOUSLY GRANTED SITE PLAN REVIEW, CONDITIONAL USE PERMIT, AND VARIANCE ENTITLEMENTS TO APPROVE A VARIANCE TO EXCEED THE MAXIMUM PERMITTED LOT DISTURBANCE IN ZONING CASE NO. 896 AT 11 SADDLEBACK ROAD (WARREN). was approved and adopted at regular meeting of the Planning Commission on July 16, 2019 by the following roll call vote: AYES: CARDENAS, KIRKPATRICK, SEABURN, AND CHAIR CHELF. NOES: NONE. ABSENT: NONE. ABSTAIN: COOLEY. and in compliance with the laws of California was posted at the following: Administrative Offices f,,�, �, .�` � C CLERK Reso.2019-12 13 11 Saddleback Rd.