Loading...
2500 Planning - Consideration of Report Relative to Delineation of Easements During the Residential Property Development Process6• 10., ITEMS FROM STAFF CONSIDERATION OF A STAFF REPORT RELATIVE TO FENCES LOCATED WITHIN EASEMENTS DURING THE PLANNING COMMISSION DEVELOPMENT REVIEW PROCESS. This item was held on the agenda. CONSIDERATION OF A STAFF REPORT RELATIVE TO DELINEATION OF EASEMENTS DURING THE PLANNING COMMISSION DEVELOPMENT REVIEW PROCESS AND DURING CONSTRUCTION. This item was held on the agenda. CONSIDERATION OF A STAFF REPORT RELATIVE TO RANCH STYLE HOMES. This item was held on the agenda. CONSIDERATION OF A STAFF REPORT RELATIVE TO PROCEDURES FOR ENSURING THAT NEW CONSTRUCTION AND GRADING DO NOT ENCROACH INTO SETBACKS AND EASEMENTS. This item was held on the agenda. NEW PUBLIC HEARINGS None. Chairwoman DeRoy indicated that if there were no objections, she would like to hold the policy consideration items on the balance of the agenda until the Commission's June meeting. She indicated that she feels that all Commissioners should be present to consider these items. Commissioner Henke reported that he would not be in attendance at the June meeting. He indicated that he feels that the staff reports were well put together and were very helpful to him. Following a brief discussion and there being no objection, Commissioners concurred that they would consider these items at their meeting to be held on July 18, 2006 when a full compliment of Commissioners would be present. CONSIDERATION OF A STAFF REPORT RELATIVE TO DELINEATION OF EASEMENTS DURING THE PLANNING COMMISSION DEVELOPMENT REVIEW PROCESS AND DURING CONSTRUCTION STAGE. City Manager Nealis reported that this subject was forwarded to the Planning Commission for further review after discussions on the subject held at the City Council/Planning Commission Joint Meeting held on March 27, 2006. He indicated that Mayor Pro Tem Allen Lay had requested that this item be discussed and that he had expressed concerns that sometimes developers have stored construction materials in easements during the construction phase. Commissioner Witte commented on the RHCA's involvement in easement issues. He indicated that he would like to be sure that there are no structures or sloughing off of slopes in easements. He indicated that he feels that this practice is, becoming more prevalent. In response to Commissioner Witte, Planning Director Schwartz and City Manager Nealis explained the County's and staff's involvement in inspecting development projects and assuring that projects are constructed per the plans and do not encroach into easements. Discussion ensued regarding the storage of construction materials and equipment in easements and the options available to the Commission to ensure that easements remain clear. Commissioners discussed the flagging of easements during the construction phase. Chairwoman DeRoy expressed concern about the amount of time that construction projects take and the fact that easements may be flagged for a very long time. Assistant City Attorney Hogin explained the Commissions ability to impose special conditions on development projects. Following further discussion, Commissioners agreed that, as a means to assist equestrian activity adjacent to a construction site, to include language in resolutions of approval that reinforce the requirement that easements are to be maintained clear during all phases of the construction process and if appropriate in a specific case, stronger language could be included requiring the easement to be staked/delineated during construction. Commissioner Witte requested that staff prepare a report for the next meeting regarding the subject of delineation of all easements and setbacks at construction sites where building activity is adjacent to setbacks as a means of ensuring that the setback is not violated by unauthorized structures or grading. City Manager Nealis reported that an agenda item regarding detached trellis construction would be placed on an upcoming Planning Commission agenda. He explained that it is common for homes to have trellises built in conjunction with a barbecue that are greater than 120 sq. ft. and that in the recently revised Zoning Code, states that up to 5 administratively approvable detached structures, including trellises, are permitted on a lot provided they do not exceed 120 sq. ft. each or a total of 600 sq. ft., are not in any setback or the front yard, and do not trigger any grading or encroachment issues. He said that the Code provides that freestanding structures that fall under this 600 sq. ft. threshold are not counted toward pad coverage. He indicated that the Commission could discuss whether or not it makes sense to permit detached trellises that exceed 120 sq. ft. that do not trigger grading or encroachment issues to be built in exchange for other detached structures provided they are still under the 600 sq. ft. allowance. i • • c,c:f pc. 1149 spiloG CONSIDERATION OF REPORT RELATIVE TO DELINEATION OF EASEMENTS DURING THE RESIDENTIAL PROPERTY DEVELOPMENT PROCESS. Mayor Pro Tem Lay commented on the staff report. He indicated that he has heard from community members that during construction, contractors have stored dirt and other materials in the easements. He also indicated that sometimes landscaping and sprinkler systems are placed in easements. He suggested that the easements be delineated during construction to alleviate these issues. Councilmembers and Planning Commissioners reviewed the information provided by staff and concurred that the Planning Commission would further review this information and make a recommendation to the City Council, if necessary. •City ofiellin • INCORPORATED JANUARY 24, 1957 DATE: JULY 18, 2006 TO: FROM: NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com HONORABLE MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR SUBJECT: CONSIDERATION OF A STAFF REPORT RELATIVE TO DELINEATION OF EASEMENTS DURING THE PLANNING COMMISSION DEVELOPMENT REVIEW PROCESS AND DURING CONSTRUCTION. BACKGROUND 1. At the March 27, 2006 City Council and Planning Commission Joint Meeting, this topic was included for discussion as requested by Mayor Pro Tem Allan Lay. At that meeting the City Council directed Planning Commission to review this subject. 2. At the April 18, 2006 Planning Commission meeting, the Commission reviewed this topic and after discussion agreed that in order to assist equestrian activity, that a condition be included in all resolutions of approval that reinforce the requirement that easements are to be maintained clear during all phases of the construction process. At the May 16, 2006 meeting the Commission held this item on the agenda to tonight's meeting. 3. As directed by the Commission at the April meeting, staff proposes that the following condition be included in all resolutions: "During construction perimeter easements shall remain clear and free of debris, parked vehicles, building material, building equipment and all other construction objects". 4. In addition, it was agreed that depending on the location and usability of an easement, the Planning Commission could include a condition in the resolution of approval, on a case -by -case basis, that would require that an easement stay delineated during the entire duration of the construction. RECOMMENDATION: It is recommended that the Planning Commission approve this report or provide other direction to staff. Printed on Recycled Paper. TO: FROM: SUBJECT: City 0/ leoffinl .INCORPORATED JANUARY 24, 1'357 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cilyo(rh@aol.com HONORABLE MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR CONSIDERATION OF A STAFF REPORT RELATIVE TO DELINEATION OF EASEMENTS DURING THE PLANNING COMMISSION DEVELOPMENT REVIEW PROCESS AND DURING CONSTRUCTION. DATE: APRIL 18, 2006 BACKGROUND Q1.1- BC� 1. At the March 27, 2006 City Council and Planning Commission Joint Meeting, this attached staff report was included for discussion as requested by Mayor Pro Tern Allan Lay. . 2. At that meeting the City Council directed Planning Commission to review this subject. RECOMMENDATION: It is recommended that the Planning Commission discuss this subject and provide appropriate direction to staff. TO: • Cu 0/ 12.1finv • NO, 2 PORTUGUESE SEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377-7268 E-mail: cityolrh@aol.com Agenda Item No: 3-D Mtg. Date: 03-27-06 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL HONORABLE CHAIRWOMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: CRAIG R. NEALIS, CITY MANAGER SUBJECT: CONSIDERATION OF REPORT RELATIVE TO DELINEATION OF EASEMENTS DURING THE RESIDENTIAL PROPERTY DEVELOPMENT PROCESS. DATE: MARCH 27, 2006 BACKGROUND Mayor Pro Tern Allen Lay has requested that this item be included on this evening's agenda for consideration. Currently, the Rolling Hills Planning Commission is responsible for reviewing Site Plan Review, Conditional Use Permit and Variance applications. In reviewing these applications, the Planning Commission is presented with plans that include property lines, setbacks, easements, pad coverage and existing and proposed improvements on the property. During the review process, the Planning Commission normally conducts field trips. Mayor Pro Tern Allen Lay has reported that Members of Caballeros have suggested that easements be delineated during the discretionary Planning Commission review phase of a project and throughout construction, in an effort to maintain the clearance of the easements during the construction. Therefore, Mayor Pro Tern Allen Lay has suggested that the Planning Commission consider the delineation of easements during the course of their field review of a property and that the property owner through the construction phase of the project maintain the delineation identifying the location of the easement. Items that the City Council and Planning Commission may wish to consider during discussion of this topic may include permitting the Planning Commission to determine the necessity of easement delineation through the construction phase of a residential development on a case by case basis. There may be occasions when delineation of an easement due to steepness of grade or other factors may not be necessary on a specific property. • • However, in cases where equestrian uses are present in the adjacent easement, it may be prudent to require the easement delineation during the discretionary review and construction phases of a specific residential development. Resolutions of approval on specific residential developments could include a requirement that delineation of an easement be maintained during construction project as a condition of approval. Members of the City Council and Planning Commission may also consider whether it is appropriate to direct staff to send copies of agenda coversheets to representatives of Caballeros prior to Planning Commission Meetings in order to facilitate the identification of any easement issues in the context of this subject. Recently the RHCA included a requirement in its review for requests for easement reduction that survey stakes remain in place during construction on the property. However, this only would apply to cases where the Board is considering a request for easement reduction. RECOMMENDATION It is recommended that members of the City Council and Planning Commission discuss this subject and provide appropriate direction to staff. CRN:mlk 03-27-0605emen 1-s f a. dor TO: FROM: SUBJECT: • City olleolliny. INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com HONORABLE MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR CONSIDERATION OF A STAFF REPORT RELATIVE TO PROCEDURES FOR ENSURING THAT NEW CONSTRUCTION AND GRADING DO NOT ENCROACH INTO SETBACKS AND EASEMENTS DATE: MAY 16, 2006 BACKGROUND 1. At the April 18, 2006 Planning Commission meeting, Commissioner Arvel Witte requested that this topic be included on tonight's agenda. Attached is a memo from Commissioner Witte regarding this topic. 2. Commissioner Witte reported that when a development is approvedalong or near the setback and/or easement line that it is plausible that the structure itself, walls or grading may "spill over" into the setback and/or easement. Commissioner Witte inquired about the measures taken during construction to assure that this does not occur and recommended that if grading or construction is approved near or along the setback line, that the setback be delineated, together with the easement, throughout the construction process to avoid any of the aforementioned encroachments. 3. Commissioners expressed concern that delineating setbacks and easements during a long term construction project may not be feasible, as the stakes can be moved, blown down by wind or rain or be in a way or alarm horses, if there is an equestrian trail adjacent to the construction site. 4. The procedures for inspections of during construction and grading include certain safeguards to assure that the project is built as approved. When an application for a development is presented to the Planning Commission for discretionary approval or to staff for administrative approval, it is required that setbacks, easements, limits of grading, size and shape of all proposed and existing structures be shown on the plot plan. A certified engineer, architect or surveyor is required to sign the plan certifying to it being true and correct. 5. The Building Code requires that at certain stages during construction the contractor call the building inspector for an inspection. Generally, inspections are required at the following stages of construction: Printed on Recycled Paper. For framing of foundations and footings For basement walls and foundation For rough underground plumbing (prior to it being covered up by a slab) For rough electrical (prior to it being covered up by drywall) Framing of the structure; this stage may require several inspections, as framing is done in stages For framing of the roof For construction of the roof prior to placing the final material For insulation For drywall and lath For final inspection In addition to the County building inspector, the Association inspector inspects the construction at the foundation/ footings stage, framing of the structure and the roof and at the final stage of the construction. Both, the County building inspector and the Association inspector verify in the field the location of the footings in relationship to the setbacks as approved on the plan. For new construction or substantial additions, prior to signing off on the footings and foundation, the County building inspector requires a "Survey Certificate" from the project engineer stating that the location of the footings and foundation are at a distance from the property line as approved on the plan. For all other projects, including walls, if in the opinion of the County or Association inspector the location of the footings or framing is questionable, either one of them may request a "Survey Certificate" from the project engineer. Prior to a final inspection of the project the County requires a certified "As built" plan from the project engineer certifying that the project was built per plans. Once the County receives the as built certificate, the contractor calls for a final inspection. The Association inspector inspects the project for roof material, all exterior features and materials including type of windows, color of the paint and all other conditions that the Architectural Committee might have placed on the development. Planning staff and the County building inspector also inspect the property. The building inspector inspects the property for health and safety matters as well as for compliance with construction materials required by the Building Code. He looks for height of stairs, railings, fire extinguishers, location and number of electrical outlets, electrical panels, insulation of water heaters, height and size of windows, availability of hot and cold water, roof material, door jams and thresholds, water proofing and other structural items. Planning staff inspects the property for compliance with the approved plans and the resolution of approval. 6. When the project entails large quantities of grading or if the development is proposed on a vacant lot, the County requires a pre -grading meeting on site with the contractor, civil engineer and the building inspector. Depending on the scope of the project or type of soil, the County's soils and geology engineers may be present at the meeting as well. The limits of grading, quantities of soil, management of the soil, erosion and dust control and other issues are discussed. ( 37) • • During the grading process the County building inspector monitors the grading activity and at certain stages requires a written progress report from the project engineer. During compaction of the soil, the County requires that a sample of soil be taken and tested for compaction compliance. On large projects several samples may be taken. Once the grading is close to being completed and prior to issuance of a building permit, a "Certificate of rough grading and verification of pad elevation" is required by the County from the project engineer to ascertain that the grading and elevations are per the approved plans. A final rough grading report and as built grading plan isalso required to be submitted. The staff from the Geology and Materials Division at the County Public Works Department reviews the certificates, reports and the grading plan and compares them to the approved plans. 7. The City allows grading in the setbacks providing the setbacks remain clear of structures, unless otherwise approved by the Planning Commission. The limit of grading is shown on the plans submitted for Planning Commission's review. Normally, the Association does not allow grading in the easements, however, according to Peggy Minor, RHCA Manager, if an easement is not usable, the Association may allow grading to encroach into the easement. The Association relies on City's requirements for grading and does not impose any conditions for movement of soil on properties. 8. Pursuant to the City's Building Code, grading that requires Planning Commission approval, consists of a cut or fill of three feet or more into the existing land form or when the excavation and / or fill cover more than 2,000 square feet of the existing surface area. Therefore, if an alteration of the surface area results in less than a three-foot change or is less than 2,000 square feet in surface area it is not considered grading and does not require Planning Commission approval or a grading permit from Los Angeles County. 9. If during grading or construction of the project, city staff becomes aware of any variation in the activities from the approved plans, (usually during inspections or by adjacent property owner), staff would investigate the allegations, and resolve the issue as appropriate. There are provisions in the Zoning Code where certain deviations from the approved plan could be considered minor and may be approved administratively as "minor modification" to the approved plans, or if they are deemed to be major, the project would have to come back before the Planning Commission for "major modification". 10. Members of the Planning Commission may wish to consider directing staff to include a standard condition as recommended by Commissioner Witte, that encroachment into easements, such as grading cuts or fills, landscaping, irrigation or development is not permitted, and a condition on a case -by -case basis, when a construction is approved near or along a setback line, that the setback be delineated during construction with a survey stakes. This would be a similar condition that the Commission agreed on for delineation of easements in item 10B of the agenda. RECOMMENDATION It is recommended that the Planning Commission discuss this subject and provide direction to staff. Subj: Easement Encroachments in Site Plan Development Date: Wednesday, May 10, 2006 6:51:58 AM From: Witte A B To: Cityofrh Yolanta For Planning Commission Consideration on May 16, 2006: I suggest a standard condition in site plan development as follows: City of Rolling Hills does not permit any encroachments into easements, such as, grading cuts or fills, landscaping, irrigation or development. To maintain control in compliance of this condition for site development near setback or easement lines, applicant shall install and maintain survey stakes of property line and easement line at undisturbed grade elevations. As appropriate, this might also be appended to our existing grading pamphlet. Arvel 5/10/06 America Online : Cityofrh Page 1 TO: FROM: SUBJECT: • Gee 0/ /?J/L Jhll • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aoI.com HONORABLE MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR CONSIDERATION OF A STAFF REPORT RELATIVE TO DELINEATION OF EASEMENTS DURING THE PLANNING COMMISSION DEVELOPMENT REVIEW PROCESS AND DURING CONSTRUCTION. DATE: APRIL 18, 2006 22- B BACKGROUND 1. At the March 27, 2006 City Council and Planning Commission Joint Meeting, this attached staff report was included for discussion as requested by Mayor Pro Tem Allan Lay. 2. At that meeting the City Council directed Planning Commission to review this subject. RECOMMENDATION: It is recommended that the Planning Commission discuss this subject and provide appropriate direction to staff. 611) v� Printed on Recycled Paper. Cit olie een� �✓<Pe 7!`^. i-.Or, s. r:, 2 'r y . NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377.7288 E-mail: ci1yofrh@aol.com Agenda Item No: 3-D Mtg. Date: 03-27-06 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL HONORABLE CHAIRWOMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: CRAIG R. NEALIS, CITY MANAGER SUBJECT: CONSIDERATION OF REPORT RELATIVE TO DELINEATION OF EASEMENTS DURING THE RESIDENTIAL PROPERTY DEVELOPMENT PROCESS. DATE: MARCH 27, 2006 BACKGROUND Mayor Pro Tem Allen Lay has requested that this item be included on this evening's agenda for consideration. Currently, the Rolling Hills Planning Commission is responsible for reviewing Site Plan Review, Conditional Use Permit and Variance applications. In reviewing these applications, the Planning Commission is presented with plans that include property lines, setbacks, easements, pad coverage and existing and proposed improvements on the property. During the review process, the Planning Commission normally conducts field trips. Mayor Pro Tem Allen Lay has reported that Members of Caballeros have suggested that easements be delineated during the discretionary Planning Commission review phase of a project and throughout construction, in an effort to maintain the clearance of the easements during the construction. Therefore, Mayor Pro Tem Allen Lay has suggested that the Planning Commission consider the delineation of easements during the course of their field review of a property and that the property owner through the construction phase of the project maintain the delineation identifying the location of the easement. Items that the City Council and Planning Commission may wish to consider during discussion of this topic may include permitting the Planning Commission to determine the necessity of easement delineation through the construction phase of a residential development on a case by case basis. There may be occasions when delineation of an easement due to steepness of grade or other factors may not be necessary on a specific property. 10 • However, in cases where equestrian uses are present in the adjacent easement, it may be prudent to require the easement delineation during the discretionary review and construction phases of a specific residential development. Resolutions of approval on specific residential developments could include a requirement that delineation of an easement be maintained during construction project as a condition of approval. Members of the City Council and Planning Commission may also consider whether it is appropriate to direct staff to send copies of agenda coversheets to representatives of Caballeros prior to Planning Commission Meetings in order to facilitate . the identification of any easement issues in the context of this subject. Recently the RHCA included a requirement in its review for requests for easement reduction that survey stakes remain in place during construction on the property. However, this only would apply to cases where the Board is considering a request for easement reduction. RECOMMENDATION It is recommended that members of the City Council and Planning Commission discuss this subject and provide appropriate direction to staff. CRN:mlk 03-27-06easemen t-sfa.doc -2- • Ci1y o/ ie0it 4 _AA INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com Agenda Item No: 3-D Mtg. Date: 03-27-06 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL HONORABLE CHAIRWOMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: CRAIG R. NEALIS, CITY MANAGER SUBJECT: CONSIDERATION OF REPORT RELATIVE TO DELINEATION OF EASEMENTS DURING THE RESIDENTIAL PROPERTY DEVELOPMENT PROCESS. DATE: MARCH 27, 2006 BACKGROUND Mayor Pro Tem Allen Lay has requested that this item be included on this evening's agenda for consideration. Currently, the Rolling Hills Planning Commission is responsible for reviewing Site Plan Review, Conditional Use Permit and Variance applications. In reviewing these applications, the Planning Commission is presented with plans that include property lines, setbacks, easements, pad coverage and existing and proposed improvements on the property. During the review process, the Planning Commission normally. conducts field trips. Mayor Pro Tem Allen Lay has reported that Members of Caballeros have suggested that easements be delineated during the discretionary Planning Commission review phase of a project and throughout construction, in an effort to maintain the clearance of the easements during the construction. Therefore, Mayor Pro Tem Allen Lay has suggested that the Planning Commission consider the delineation of easements during the course of their field review of a property and that the property owner through the construction phase of the project maintain the delineation identifying the location of the easement. Items that the City Council and Planning Commission may wish to consider during discussion of this topic may include permitting the Planning Commission to determine the necessity of easement delineation through the construction phase of a residential development on a case by case basis. There may be occasions when delineation of an easement due to steepness of grade or other factors may not be necessary on a specific property. 1O ®Printed or Recycled Paper. However, in cases where equestrian uses are present in the adjacent easement, it may be prudent to require the easement delineation during the discretionary review and construction phases of a specific residential development. Resolutions of approval on specific residential developments could include a requirement that delineation of an easement be maintained during construction project as a condition of approval. Members of the City Council and Planning Commission may also consider whether it is appropriate to direct staff to send copies of agenda coversheets to representatives of Caballeros prior to Planning Commission Meetings in order to facilitate . the identification of any easement issues in the context of this subject. Recently the RHCA included a requirement in its review for requests for easement reduction that survey stakes remain in place during construction on the property. However, this only would apply to cases where the Board is considering a request for easement reduction. RECOMMENDATION It is recommended that members of the City Council and Planning Commission discuss this subject and provide appropriate direction to staff. CRN:mlk 03-27-06ease,nent-sta.doc -2-