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937, Construct a new retaining wall, Resolutions & Approval Conditions• • a,0 1 k-c' RECORDING REQUESTED BY AND MAIL TO: CITY OF ROLLING HILLS PLANNING DEPARTMENT 2 PORTUGUESE BEND RD. ROLLING HILLS, CA 90274 (310) 377-1521 (310) 377-7288 FAX T RECORDER'S USE ONLY THE REGISTRAR -RECORDER'S OFFICE REQUIRES THAT THE FORM BE NOTARIZED BEFORE RECORDATION. AFFIDAVIT OF ACCEPTANCE FORM STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ZONING CASE NO. 937 XX VARIANCES I () the undersigned state I am () the owner(s) of the real property described as follows: 11 SADDLEBACK ROAD, ROLLING HILLS, CA 90274 (LOT 48-1-RH and 48-2-RH) This property is the subject of the above numbered case and conditions of approval I am (1Nc are) aware of, and accept, all the stated conditions in said ZONING CASE NO. 937 XX VARIANCES I (.Ua)certify (or declare) under the penalty of perjury that the foregoing is true and correct. Signatuv= Signature C ak'ce _cn:s..v_.� Name typed or printed Name typed or printed Address City/State ) §§ (SEE EXHIBIT A - ATTACHED). It. t t% Address /07 Ann, Xc - Ci • • See Exhibit A attached Signatures must be acknowledged by a notary public. A notary public orlother officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF -e y,=. 0_ COUNTY OF (..J5 4t: t1 j4 -2LS C Q r- e, -2 On 0U- 2-0 • 1 ao , before me, 4t5 1^ a l✓ e (\--t •. , a Notary Public, personally appeared e a ,e, c :. CA, \'('a r'r —e. r) who roved to me on the basis of satisfactory evidence to be the person (4 whose name is/a a subscribed to the within i strument and acknowledged to me that l /she/ ley ex cuted th same in h's/her/t eir authoriz d capacity(p ), and that by h,iQ/her/tyir signature on the ins me the person ), or the entity upon behalf of which the person acted, executed the instrumen I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and fficial'seaI. Signature: ASHA LENELLE CARRIER Commission # 2115606 Notary Public - California Los Angeles County My Comm. Expjres Jun 14, 2019 Name of Notary: AS in C3- C., -e n (1-e. ( a. r _QS-- Date Commission Expires S v \ 4 • ' Commission No. ' 'l l Cp $ • ExkikAk A RESOLUTION NO. 2018-03 A RESOLUTION OF THE PLANNING COMMISSION OF TIC CITY OF ROLLING HILLS GRANTING APPROVAL FOR VARIANCES TO CONSTRUCT A NEW RETAINING WALL WITH A MAXIMUM HEIGHT OF UP TO 4 1/2 FEET LOCATED WITHIN A 'SETBACK AREA, AND ALLOW AN AS -BUILT PORTION OF A RIDING ARENA WITH A MAXIMUM 10 FOOT ENCROACHMENT LOCATED IN THE FRONT 'YARD SETBACK IN ZONING CASE NO. 937. THE SUBJECT PROPERTY IS 11 SADDLEBACK ROAD (LOT 48- 1-RH 48-2-RH) ROLLING HILLS, CA (WARREN). THE PLANNING COMMISSION DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application was duly filed by Candice Warren, to request 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 permit encroachment of an as built dressage arena. The southeasterly wall is 4 1/2 feet in height at its highest point tapering off to 21/2 feet on one side and approximately 18 inches on the other side. The average wall height is less than 21/2 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. Section 2. 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. Section 3. The property is zoned RAS-1 and the lot area (after the lot line adjustment) is 3.25 acres. For development purposes the net lot area of the lot is 98,358 square feet, 226 acres. The existing.residence is a 3,069 square foot house with a 475 square foot attached garage and 1,163 square foot detached garage, Previously Approved Project In 2016, the City Council ratified the Planning Commission's approval in Zoning Case No. 896. The previously approved project included a Lot Line Adjustment (LLA) to merge two lots, containing 1.8 acres and 1.4 acres gross, into one lot which would result in a lot having 3.2 acres gross and 2258 acres net, as calculated by the City for development purposes. The lot line adjustment has been completed. In conjunction with the lot merger, the applicant received approval, per Resolution No. 2016-08, of a Conditional Use Permit to construct a 13,860 square foot dressage arena, to convert the existing garage, partially located in the front yard setback to a 2,415 square foot stable and add a 625 square foot loft and 1,685 square foot corral; Site Plan Review for Reso. 2D18-03 1 11 Saddleback Road • • a 4,745 square foot residence plus 659 square foot garage, and other accessory structures, 10,620 cubic yards of grading plus 13,000 c.y. of overexcavation and recompaction; and Variances to locate the equestrian facilities in the front yard area of the lot and to exceed the maximum disturbed area of 40% by up to 83%. In 2017, the applicant submitted a revised version of Zoning Case No. 896 which included changes to the grading of the dressage arena, alterations to the residence remodel, a new stable structure adjacent to the dressage arena, and the elimination of various pathways on the property thereby reducing the project from the approved 83% lot disturbance to 42% lot disturbance. Zoning Case No. 937 allows for the completion of the dressage arena with a change in location of a retaining wall to a less visible location and an orientation of the dressage arena closer to the roadway easement to the east. Section 4. The Planning Commission finds that the project is categorically exempt pursuant to Section 15303, Class 3 of the CaliFornia Environmental Quality Act (CEQA). Section 5. 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. thatnzaintains 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 immediate vicinity have equestrian uses Iocated 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 4 V2 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 Reso. 2018-03 2 11 Saddleback Road • • 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. Based upon the foregoing findings, the Planning Commission hereby approves Zoning Case No. 937. Variances to construct a portion of a retaining wall on the southeasterly side of the dressage arena is proposed to be located in the side and front setback and permit encroachment of an as -built dressage arena. The southeasterly wall is 4 1/2 feet at its highest point tapering off to 2 1.6 feet on one side and approximately 18 inches on the other side. The average wall height is less than 2feet high. The as -built dressage arena encroaches a maximum of 10 feet into the front yard setback. The proposed Variances would be subject to the following conditions: A. The Variance approvals shall expire within two years from the effective date of approval as defined in Sections 17.46.080, 17.42.070 and 17.38.070, unless otherwise extended pursuant to the requirements of this section, 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 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 other than work designated by the City Council to accomplish the cure, unless and until the violation is cured by the deadline, as determined by the City Manger or his/her designee. If the violation is not Reso. 2018-03 3 11 Saddleback Road • • cured by the deadline, the 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 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 this permit, or shown otherwise on an approved plan. D. The lot shall be developed and maintained in substantial conformance with the site plan on file dated February 14, 2018, 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 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. 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. F. 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 affirming that the project will be constructed according to this Resolution and any plans approved therewith. G. Structural lot coverage of the lot shall remain unchanged given that the newly approved wall is being constructed in place of the previously approved retaining wall per Resolution No. 2017-05. H. The disturbed area of the lot shall remain unchanged as previously approved per Resolution No. 2017 05. Reso. 2018-03 4 11 Saddleback Road • • I. The residential building pad size shall remain unchanged as previously approved per Resolution No, 20174)5. J. The encroachment of the dressage arena shall be a maximum of 10 feet into the front setback area. • K The proposed landscaping plan shall be enhanced to include additional 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 entire project shall be approved by the Rolling Hills Community Association. 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, Also, 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 requirements for graded slopes. 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 significant 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 landscaping shall be subject to the requirements of the City's Water Efficient Landscape Ordinance, (Chapter 13.18 of the.RHMC). L. Direct access to the stable and to the corral shall be decomposed granite or like, 100% pervious roughened material. M. A minimum of five-foot walkable path and/or walkway shall be provided around the entire perimeter of all of the dressage arena, or as otherwise required by the Fire Department. N. 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. Reso. 2018-03 5 11 Saddleback Road • • O. The applicant shall comply with all requirements of the Lighting Ordinance . of the City of Rolling Hills (lUIMC 17.16.190 to, pertaining to lighting on said property and all other ordinances and laws of the City of Rolling Hills and the LA County Building Code, P. Hydrology, soils, geology and other reports, as required by the LA County Building and Public Works Departments, and as may be required by the Building Official, shall be prepared, Q. 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. R. The setback lines and roadway easement lines in the vicinity of the construction for this project shall remain staked throughout the construction. The silhouette (story poles) shall be taken down and removed from the property immediately upon completion of the review process of the project. The City or the Building Department staff may require that a construction fence be erected for the duration of the construction of this project Such fence shall not be located in any easement or cross over trails or natural drainage course and shall be removed immediately upon substantial completion of the project, or as required by staff. S. Perimeter easements, including roadway easements and trails, if any, shall remain free and clear of any improvements including, but not be limited to fences - including construction fences, any hardscape, driveways, landscaping, irrigation and drainage devices, except as otherwise approved by the Rolling Hills Community Association In addition, any construction facility, such as a construction trailer/office or portable toilets, to a maximum extent practicable, shall be located in a manner not visible from the street, and be in a location satisfactory to City staff. T, 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. U. 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. Reso. 2018-03 6 11 Saddleback Road • • V. 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. W. During construction, all parking shall take place on the project site, and, if necessary, any overflow parking may take place within the unimproved roadway easements and shall not obstruct neighboring driveways or pedestrian and equestrian passage. During construction, to the maximum extent feasible, employees of the contractor shall car-pool into the City. A minimum of 4' wide path, from the edge of the roadway pavement, for pedestrian and equestrian passage shall be available and clear at all times wherever possible. X. 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. Y. 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: httn://www.wrh.noaa.eov/lox/main.pho?suite=safety&page=hazard _definitionsOTRE. 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 extinguisher. Z. 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, cistern construction and maintenance (if applicable), septic tank construction and maintenance in conformance with the County Health Department, storm water drainage facilities management, and to the City's Low Impact development Ordinance (LID). AA. Prior to finaling of the project an "as graded" and "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 modification made to the project during construction, shall be depicted/listed on the "as built/as graded" plan. AB. 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. Reso. 2018-03 7 11 Saddleback Road S • AC. All other conditions of approval specified in Resolution No. 2017-05, in regards to the dressage arena, shall be in full force and effect. PASSED, APPROVED AND ADOPTED THIS 20TH DAY OF MARCH, 2018. ATTEST: ML- YV1TE HALL, CITY CLERK 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. 2018-03 8 11 Saddleback Road • STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 2018-03 entitled: A RESOLUTION OF THE PLANNING COMMISSION OP THE CITY OF .ROLLING HILLS GRANTING APPROVAL FOR VARIANCES TO CONSTRUCT A NEW RETAINING WALL WITH A MAXIMUM HEIGHT OF UP TO 4 1/2 FEET LOCATE)) WITHIN A SETBACK AREA, AND ALLOW AN AS -BUILT PORTION ' OF A RIDING ARENA WITH A ' MAXIMUM 10 FOOT ENCROACHWNT LOCATED IN THE FRONT YARD SETBACK IN ZONING CASE NO. 937. THE SUBJECT PROPERTY IS 11 SADDLEBACK ROAD (LOT 48- 1-RH 48-2-RH) ROLLING HILLS, CA (WARREN). was approved and adopted at regular meeting of the Planning Commission on March 20, 2018, by the following roll call vote: AYES: Commissioners Cardenas, Cooley, Seaburn, and Chair Chelf. NOES: None. • ABSENT: Commissioner Kirkpatrick. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices c\-emeik_Aoft HALL, CITY CLERK Reso. 2018-03 11 SaddIeback Road 9 • • fr i[3 E i1 ► If irc Imp itp:'rpa 41i3;7 � 6a1Gc i<<ty c� f,PR 2 5 2a1G • • RECORDING REQUESTED BY AND MAIL TO: CITY OF ROLLING HILLS PLANNING DEPARTMENT 2 PORTUGUESE BEND RD. ROLLING HILLS, CA 90274 (310) 377-1521 (310) 377-7288 FAX T RECORDER'S USE ONLY THE REGISTRAR -RECORDER'S OFFICE REQUIRES THAT THE FORM BE NOTARIZED BEFORE RECORDATION. AFFIDAVIT OF ACCEPTANCE FORM STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) §§ ) ZONING CASE NO. 937 (SEE EXHIBIT A - ATTACHED) XX VARIANCES I (We) the undersigned state I am (We are) the owner(s) of the real property described as follows: 11 SADDLEBACK ROAD, ROLLING HILLS, CA 90274 (LOT 48-1-RH and 48-2-RH) This property is the subject of the above numbered case and conditions of approval I am (We are) aware of, and accept, all the stated conditions in said ZONING CASE NO. 937 XX VARIANCES I (We) certify (or declare) under the penalty of perjury that the foregoing is true and correct. Signature Signature Name typed or printed Name typed or printed Address Address City/State City/State See Exhibit A attached Signatures must be acknowledged by a notary public. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF COUNTY OF On . before me, , a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: Name of Notary: Date Commission Expires Commission No. • 6. Xi-6 PAT k RESOLUTION NO. 2018-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR VARIANCES TO CONSTRUCT A NEW RETAINING WALL WITH A MAXIMUM HEIGHT OF UP TO 4 1/2 FEET LOCATED WITHIN A SETBACK AREA, AND ALLOW AN AS -BUILT PORTION OF A RIDING ARENA WITH A MAXIMUM 10 FOOT ENCROACHMENT LOCATED IN THE FRONT YARD SETBACK IN ZONING CASE NO. 937. THE SUBJECT PROPERTY IS 11 SADDLEBACK ROAD (LOT 48- 1-RH 48-2-RH) ROLLING HILLS, CA (WARREN). THE PLANNING COMMISSION DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application was duly filed by Candice Warren, to request 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 permit encroachment of an as -built dressage arena. The southeasterly wall is 4 1/2 feet in height at its highest point tapering off to 2 1/2 feet on one side and approximately 18 inches on the other side. The average wall height is less than 2 1/2 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. Section 2. 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. Section 3. The property is zoned RAS-1 and the lot area (after the lot line adjustment) is 3.25 acres. For development purposes the net lot area of the lot is 98,358 square feet, 2.26 acres. The existing residence is a 3,069 square foot house with a 475 square foot attached garage and 1,163 square foot detached garage. Previously Approved Project In 2016, the City Council ratified the Planning Commissions approval in Zoning Case No. 896. The previously approved project included a Lot Line Adjustment (LLA) to merge two lots, containing 1.8 acres and 1.4 acres gross, into one lot which would result in a lot having 3.2 acres gross and 2.258 acres net, as calculated by the City for development purposes. The lot line adjustment has been completed. In conjunction with the lot merger, the applicant received approval, per Resolution No. 2016-08, of a Conditional Use Permit to construct a 13,860 square foot dressage arena, to convert the existing garage, partially located in the front yard setback to a 2,415 square foot stable and add a 625 square foot loft and 1,685 square foot corral; Site Plan Review for Reso. 2018-03 1 11 Saddleback Road a 4,745 square foot residence plus 659 square foot garage, and other accessory structures, 10,620 cubic yards of grading plus 13,000 c.y. of overexcavation and recompaction; and Variances to locate the equestrian facilities in the front yard area of the lot and to exceed the maximum disturbed area of 40% by up to 83%. In 2017, the applicant submitted a revised version of Zoning Case No. 896 which included changes to the grading of the dressage arena, alterations to the residence remodel, a new stable structure adjacent to the dressage arena, and the elimination of various pathways on the property thereby reducing the project from the approved 83% lot disturbance to 42% lot disturbance. Zoning Case No. 937 allows for the completion of the dressage arena with a change in location of a retaining wall to a less visible location and an orientation of the dressage arena closer to the roadway easement to the east. Section 4. The Planning Commission finds that the project is categorically exempt pursuant to Section 15303, Class 3 of the California Environmental Quality Act (CEQA). Section 5. 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 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 4 l 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 Reso. 2018-03 2 11 Saddleback Road • • 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. Based upon the foregoing findings, the Planning Commission hereby approves Zoning Case No. 937. Variances to construct a portion of a retaining wall on the southeasterly side of the dressage arena is proposed to be located in the side and front setback and permit encroachment of an as -built dressage arena. The southeasterly wall is 4 1/2 feet at its highest point tapering off to 2 1/2 feet on one side and approximately 18 inches on the other side. The average wall height is less than 21/2 feet high. The as -built dressage arena encroaches a maximum of 10 feet into the front yard setback. The proposed Variances would be subject to the following conditions: A. The Variance approvals shall expire within two years from the effective date of approval as defined in Sections 17.46.080, 17.42.070 and 17.38.070, unless otherwise extended pursuant to the requirements of this section. 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 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 other than work designated by the City Council to accomplish the cure, unless and until the violation is cured by the deadline, as determined by the City Manger or his/her designee. If the violation is not Reso. 2018-03 3 11 Saddleback Road • • cured by the deadline, the 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 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 this permit, or shown otherwise on an approved plan. D. The lot shall be developed and maintained in substantial conformance with the site plan on file dated February 14, 2018, 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 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. 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. F. 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 affirming that the project will be constructed according to this Resolution and any plans approved therewith. G. Structural lot coverage of the lot shall remain unchanged given that the newly approved wall is being constructed in place of the previously approved retaining wall per Resolution No. 2017-05. H. The disturbed area of the lot shall remain unchanged as previously approved per Resolution No. 2017-05. Reso. 2018-03 4 11 Saddleback Road • I. The residential building pad size shall remain unchanged as previously approved per Resolution No. 2017-05. J. The encroachment of the dressage arena shall be a maximum of 10 feet into the front setback area. K The proposed landscaping plan shall be enhanced to include additional 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 entire project shall be approved by the Rolling Hills Community Association. 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. Also, 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 requirements for graded slopes. 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 significant 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 landscaping shall be subject to the requirements of the City's Water Efficient Landscape Ordinance, (Chapter 13.18 of the RHMC). L. Direct access to the stable and to the corral shall be decomposed granite or like, 100% pervious roughened material. M. A minimum of five-foot walkable path and/or walkway shall be provided around the entire perimeter of all of the dressage arena, or as otherwise required by the Fire Department. N. 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. Reso. 2018-03 5 11 Saddleback Road • • O. 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 and all other ordinances and laws of the City of Rolling Hills and the LA County Building Code. P. Hydrology, soils, geology and other reports, as required by the LA County Building and Public Works Departments, and as may be required by the Building Official, shall be prepared. Q. 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. R. The setback lines and roadway easement lines in the vicinity of the construction for this project shall remain staked throughout the construction. The silhouette (story poles) shall be taken down and removed from the property immediately upon completion of the review process of the project. The City or the Building Department staff may require that a construction fence be erected for the duration of the construction of this project. Such fence shall not be located in any easement or cross over trails or natural drainage course and shall be removed immediately upon substantial completion of the project, or as required by staff. S. Perimeter easements, including roadway easements and trails, if any, shall remain free and clear of any improvements including, but not be limited to fences - including construction fences, any hardscape, driveways, landscaping, irrigation and drainage devices, except as otherwise approved by the Rolling Hills Community Association. In addition, any construction facility, such as a construction trailer/office or portable toilets, to a maximum extent practicable, shall be located in a manner not visible from the street, and be in a location satisfactory to City staff. T. 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. U. 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. Reso. 2018-03 6 11 Saddleback Road V. 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. W. During construction, all parking shall take place on the project site, and, if necessary, any overflow parking may take place within the unimproved roadway easements and shall not obstruct neighboring driveways or pedestrian and equestrian passage. During construction, to the maximum extent feasible, employees of the contractor shall car-pool into the City. A minimum of 4' wide path, from the edge. of the roadway pavement, for pedestrian and equestrian passage shall be available and clear at all times wherever possible. X. 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. Y. 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.pho?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 extinguisher. Z. 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, cistern construction and maintenance (if applicable), septic tank construction and maintenance in conformance with the County Health Department, storm water drainage facilities management, and to the City's Low Impact development Ordinance (LID). AA. Prior to finaling of the project an "as graded" and "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 modification made to the project during construction, shall be depicted/listed on the "as built/as graded" plan. AB. 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. Reso. 2018-03 7 11 Saddleback Road AC. All other conditions of approval specified in Resolution No. 2017-05, in regards to the dressage arena, shall be in full force and effect. PASSED, APPROVED AND ADOPTED THIS 20TH DAY OF MARCH, 2018. VAD CH LCHAlleMAN ATTEST: 1YV TTE HALL, CITY CLERK 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. 2018-03 8 11 Saddleback Road • • STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 2018-03 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF .ROLLING HILLS GRANTING APPROVAL FOR VARIANCES TO CONSTRUCT A NEW RETAINING WALL WITH A MAXIMUM HEIGHT OF UP TO 4 1/2 FEET LOCATED WITHIN A SETBACK AREA, AND ALLOW AN AS -BUILT PORTION OF A RIDING ARENA WITH A MAXIMUM 10 FOOT ENCROACHMENT LOCATED IN THE FRONT YARD SETBACK IN ZONING CASE NO. 937. THE SUBJECT PROPERTY IS 11 SADDLEBACK ROAD (LOT 48- 1-RH 48-2-RH) ROLLING HILLS, CA (WARREN). was approved and adopted at regular meeting of the Planning Commission on March 20, 2018, by the following roll call vote: AYES: Commissioners Cardenas, Cooley, Seaburn, and Chair Chelf. NOES: None. ABSENT: Commissioner Kirkpatrick. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices YVIETTE HALL, CITY CLERK Reso. 2018-03 9 11 Saddleback Road • • City a//e Pli,.g, Jd l'G March 21, 2017 INCORPORATED JANUARY 24, 1957 Candice Warren 109 Bear Creek Lane Bellingham, WA 98229 ZONING CASE NO. 937. Request for Variances — 11 Saddleback Road Dear Ms. Warren: NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 This letter shall serve to notify you that the Planning Commission adopted a resolution on March 20, 2018, granting your request for Variances in Zoning Case No. 937. The Resolution was included in your staff report. That action, accompanied by the record of the proceedings before the Commission will be reported to the City Council on MONDAY, April 9, 2018, at their regular meeting beginning at 7:00 PM. You or your representative should be. present to answer any questions the City Council may have. The Planning Commission's decision in this matter shall become effective thirty days after the adoption of the resolution by the Commission, unless an appeal has been filed within that thirty (30) day appeal period or the City Council takes jurisdiction of the case_ (Section 17.54.010(B) of the Rolling Hills Municipal Code). Anyone, including the applicant, may appeal the Planning Commission's decision or part thereof to the City Council. Should there be an appeal, the Commission's decision will be stayed until the Council completes its proceedings in accordance with the provisions of the Municipal Code. If no appeals are filed and if the City Council does not take jurisdiction of this case, the Planning Commission's action will become final and you will be required to record an Affidavit of Acceptance Form together with the subject Resolution in the Office of the County Recorder before the Commission's action takes effect. The staff report to the City Council will be mailed to you on Friday, April 6, 2018. After the City Council's action, I will forward to you instructions for recordation of the Affidavit Of Acceptance Form and the Resolution. . Please feel free to call me at (310) 377-1521 if you have any questions. Sincerely, Julie,\Stewart Acting Planning Director cc: Gary Wynn, Wynn Engineering Inc. Robert Gaudenti, GS Companies Printed on Recycled Paper r 4/9/18 CITY COUNCIL 11 Saddleback Road RESOLUTION OF APPROVAL Variances April 9, 2018 Project Location Project Description • Variances • Retaining wall —Setback Area • Dressage Arena— Front Yard Setback fat, ne,Clen.n "rat, CP— — r (7.-' „.. en . rcs...,31,,,, j.,,,.:,., I_ (,,,,,\,. 1.„( .1 , . 1,) a, L,,I 0 (k) --\--" -:).."—(----- ,) ,,,,,,,.(,)\,(,,,(,,.,),.._._ (-7:1: t (7.,;() V 1 • • 4/9/18 - • ' \\2'. • 4 r ••-• (• Site Plan rip I- co ne.z.v4-, Previous Project • Residence Remodel • Swimming Pool • Stable • Dressage Arena — Retaining Wall in Setback .„, \VII -42,4 -;;--7-47,-J— Retaining NiaIlinSetback 23, e Arwz:", 0 p-C ----c).(...... ' '-' 1 ;''';'''.--•---- ti ( (--,(;,„ -11---( .- a y— - " / l t le" .,.: ) '-tr i (zA,) ' ' \i\-t---c.t---,...,0, _Iirsi) f''''' ( ('''' ir ' ; A /:;C6-; e.,,:( Il \ .4...) ,..•7, .i:, <. ,,,(,• „....../1 ( i f a' . , rr r• , , '• 4/(Pc • !, ...! L.( .-! \.‘ • ••-•?( „ u ).- s• 1 • (71::;' • ••t ! AO L `4 k \ • .. 2 • Va ria rites proposed • Retaining Wall —Setback Area ' — 4 'A feet at highest height • Dressage Arena — Front Setback —700 square foot encroachment edyerblel:p P:t2", 't I • / • • '-- ? ' • ........ ... • .... : ...... Retaining Wall and Slope Dressage Arena 4/9/18 P4'1.---/' 47- POIC/ f V-Cl:11/4,9‘... 3 4/9/18 , .%, ' 1 / ' :-----2-4-7--- fi (..,... , ,.. ii : „ 6. . / ' ' ''''.-...,. ) .•...., • .,.f. „ • „f2;,..,_, ,,,... I/.! . ,•:•., ,,, , ::.`"\-jj',,..,:ry-,,,- 'i /1 '-----.4-....:. ,-:-.-.--.-:'.';':,.--, 77*, i_,.. .... i.i.,,,t_ , 1,, . __,,, / 4. _„...„... / ---_„ :. - /3:-..; '. r.•,, ./i . '. //i -'---:-,v/ -:- / Dressage Arena and Retaining Wall Encroachments Previous Proposal landscaping Plan e, s/.0.7141r Planning Commission Review • Special Condition — Enhanced Landscaping • Southern / Western Portion of Arena — Larger Trees on Upper Row of Southern Side of Arena • /- ..,„ c..„...., ci. l',-(-,-/1°.,-,('c,. (..?,,,,,,..,,,,-, r( () r , .,„ ...r,e/- q I dA / •.-- (\--f) ,; i - ''."*.--N '( (../-\ fr. tn--('''''''--.. • IL i::: (i64("Cir' .e) t../ q:- \''' '' 0,-,,Sv-1.,-. (-- ,.., ., ',., t,,,., /1;. • fl4 l-/ ..,(7-z.: (,„\ ,."-...c:74 • .ri.,,,,f,-. ) • r . ( 4i.1, 1( ( r „ • • 4/9/18 Revised Landscaping Plan Fry rxw...,• LA,/ el- e r r ;- a. 1, t o l,/.,.i Environmental Review • CEQA —Categorical Exemption Section 15303 (Class 3) New Construction or Conversion of Small Structures F.md�roa<� City Council Review • Receive and file resolution — Or provide other direction to staff „or 13, ' at. •J 5 4/9/18 13f 1: QUESTIONS? CITY COUNCIL 11 Saddleback Road RESOLUTION OF APPROVAL Variance April .9, 203 .3 6