2024-12_PC_Resolution_18EastfieldDr_ZC24-063_F 1
RESOLUTION NO. 2024-12
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL FOR A VARIANCE REQUEST TO
CONSTRUCT SOLAR BATTERIES AND EQUIPMENT IN THE SIDE YARD
SETBACK IN ZONING CASE NO. 24-063 FOR A PROPERTY LOCATED AT
18 EASTFIELD DRIVE, AND FINDING THE PROJECT CATEGORICALLY
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
PURSUANT TO STATE CEQA GUIDELINES SECTION 15303 (LOT 69-A-EF)
(RICH)
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND,
RESOLVE, AND ORDER AS FOLLOWS:
Section 1. An application was duly filed by Joseph and Christine Rich with respect to
real property located at 18 Eastfield Drive, Rolling Hills (Lot 69-A-EF) requesting a variance to
construct solar batteries and equipment approximately 10 feet from the property line within the
20-foot side yard setback.
Section 2. On December 17, 1996, the Planning Commission adopted Resolution
No. 96-21 approving a Site Plan Review in Zoning Case No. 546 for the construction of a new
single-family residence, and other improvements to replace an existing single-family residence.
On July 21, 1998, the Planning Commission adopted Resolution No. 98-14 approving a
Conditional Use Permit for a cabana and modifications to a Site Plan Review application to
permit the construction of the cabana with increased grading in Zoning Case No. 579. On June
14, 2005, the Planning Commission adopted Resolution No. 2005-18 approving a Site Plan
Review for grading and construction of a stable and corral to be reviewed by the Planning
Commission; a Conditional Use Permit to convert an existing stable into a recreation room;
and a Variance to exceed the maximum permitted disturbed area of the lot in Zoning Case No.
703 of 40% to 48.4%. On May 17, 2022, the Planning Commission granted approval for a Site
Plan Review for grading and construction of a new retaining wall; Conditional Use Permit for a
recreational game court; and Variance to exceed the maximum permitted lot disturbance in
Zoning Case No. 21-16.
Section 3. The Planning Commission conducted duly noticed public hearings to
consider the application at its special field trip meeting and its regular meeting on September
17, 2024. Neighbors within 1,000-foot radius were notified of the public hearings and a notice
was published in the Daily Breeze on September 6, 2024. The applicants were notified of the
public hearings in writing by first class mail and were in attendance at the hearings. Evidence
was heard and presented from all persons interested in affecting said proposal.
Section 4. The property is zoned RAS-1 and the net lot area excluding the roadway
easement is 68,826 square feet (1.58 acre). The lot is developed with a 5,265-square-foot
single-family residence and a 1,284-square-foot garage. There are three existing building pads
on site with approximately 50 feet difference in elevation. The existing residence and garage
are located on the Pad 1 (25,546 square feet), which is the highest point and closest to the
roadway easement on the western portion of the property; Pad 2 is 12,017 square feet in the
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middle of the property and contains a courtyard area, swimming pool, and pool house. Pad 3 in
on the eastern and rear portion of the lot, is the lowest part on the property, and is 893 square
feet; it is developed with a stable, corral, and recreational game court.
Section 5. The Planning Commission finds that the Project is categorically exempt
from further environmental review pursuant to Section 15303 of Title 14 of the California Code
of Regulations (“State CEQA Guidelines”), Class 3 "New Construction or Conversion of Small
Structures." Class 3 exempts the construction and location of a limited number of new, small
facilities or structures, including single family residence and accessory structures, including but
not limited to garages, carports, patios, swimming pools and fences. Here, the Project involves
the construction of solar batteries and equipment on a developed lot within a residential zone.
Accordingly, the Project qualifies for the exemption pursuant to Section 15303.
Further, no exceptions to the exemptions in State CEQA Guidelines Section 15300.2 apply.
Specifically, the Project:
a. Is not located in a particularly sensitive environment. The Project is located in an
urbanized area and is not environmentally sensitive.
b. There is no possibility of a cumulative impact of the same type of project in the
same place over time. The Project entails the construction of solar batteries and equipment.
Once built, the likelihood of a successive project on this site is low and probability of a
cumulative impact is low.
c. Is not marked by unusual circumstances. There is nothing unusual about the
construction of solar batteries and equipment in a residential area. In addition, the Project will
implement best management practices (BMPs) to prevent erosion and construction pollutants
from contacting stormwater.
d. Would not damage scenic resources, including but not limited to, trees, historic
buildings, rock outcroppings, or similar resources, within a highway officially designated as a
state scenic highway.
e. Is not located on a site which is included on any list compiled pursuant to Section
65962.5 of the Government Code.
f. Would not cause a substantial adverse change in the significance of a historical
resource.
The Planning Commission directs staff to prepare, execute, and file a Notice of
Exemption with the Los Angeles County Clerk and the State Clearinghouse within five (5)
working days of the Project’s approval and the adoption of this Resolution.
Section 6. Variance. Section 17.38.050 sets forth the required findings for granting a
variance to encroach approximately 10 feet from the property line into the required 20-foot side
yard setback identified in Section 17.16.120(A). With respect to this request for a Variance, the
Planning Commission finds as follows:
A. That there are exceptional or extraordinary circumstances or conditions
applicable to the property that do not apply generally to other properties in the same
vicinity and zone.
There are extraordinary circumstances applicable to this property. The lot consists of
an unusual lot configuration in that it is deep and slopes downward toward the rear. The site is
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developed with a residence and related improvements and the side yard is the best place to
construct the batteries and equipment.
B. That such variance is necessary for the preservation and enjoyment of
substantial property rights possessed by other properties in the same vicinity and zone
but which is denied the property in question.
Granting the requested variance to encroach into the required side yard setback is
necessary for the preservation and enjoyment of substantial property rights possessed by
other properties in the same vicinity and zone in that the site is already developed and
the project will be consistent with other properties that have similar ground-mounted
equipment.
C. That the granting of such variance will not be materially detrimental to the
public welfare or injurious to properties or improvements in the vicinity.
Granting a variance to encroach into the required side yard will not be materially
detrimental to the public welfare or injurious to properties or improvements in the vicinity in
that the project will be screened and adequately set back from neighboring structures.
Further, the project will be consistent with other development in the area in that other
residences are equipped with solar batteries.
D. That in granting the variance, the spirit and intent of this title will be
observed.
Granting the requested variance will meet the spirit and intent of this title in that
the project will be used for residential purposes and located on a residential lot.
E. That the variance does not grant special privilege to the applicant.
The project results in a common amenity enjoyed by many properties throughout
the City and the proposed location is the best location since it is screened, not visible
from the street, and located in close proximity to the existing electrical panel. The project,
together with the variance, will be compatible with the objectives, policies, general land
uses, and programs specified in the General Plan.
F. That 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.
Granting a variance for the project will be consistent with the applicable portions of
the Los Angeles County Hazardous Waste Management Plan related to siting criteria for
hazardous waste facilities. The project site is not listed on the current State of California Hazardous
Waste and Substances Sites List.
G. That the variance request is consistent with the General Plan of the City of
Rolling Hills.
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Granting the variance to encroach into the required side yard setback will be
consistent with the General Plan of the City of Rolling Hills, which allows and encourages
residential uses.
Section 7. Based upon the foregoing findings, and the evidence in the record, the
Planning Commission hereby approves Zoning Case No. 24-063 subject to the following
conditions:
A. The Variance approval shall expire within two years from the effective date of
approval as defined in RHMC Section 17.38.070 of the Zoning Ordinance unless otherwise
extended pursuant to the requirements of these sections.
B. If any condition of this resolution is violated, the entitlement granted by this
resolution shall be suspended and the privileges granted hereunder shall lapse and upon
receipt of written notice from the City, all construction work being performed on the subject
property shall immediately cease, other than work determined by the City Manager or his/her
designee required to cure the violation. The suspension and stop work order will be lifted once
the Applicant cures the violation to the satisfaction of the City Manager or his/her designee. In
the event that the Applicant disputes the City Manager or his/her designee’s determination that
a violation exists or disputes how the violation must be cured, the Applicant may request a
hearing before the City Council. The hearing shall be scheduled at the next regular meeting of
the City Council for which the agenda has not yet been posted; the Applicant shall be provided
written notice of the hearing. The stop work order shall remain in effect during the 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 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 a variance to such requirement has been approved.
D. The lot shall be developed and maintained in substantial conformance with the
site plan on file at City Hall and approved by the Planning Commission 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 approval 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.
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The conditions of approval of this Resolution shall be printed onto a separate sheet and
included in the building plans submitted to the Building Department for review and shall be
kept on site at all times.
Any proposed modifications and/or changes to the approved project, including resulting
from field conditions, shall be discussed with staff so that staff can determine whether the
modification is minor or major in nature. Minor modifications are subject to approval by the City
Manager or his or her designee. Major modifications are subject to approval by the Planning
Commissioner after a public hearing. Applicant shall not implement modifications or changes
to the approved project without the appropriate approval from the City Manager or designee or
the Planning Commission, as required.
E. Prior to submittal of final working drawings to Building and Safety Department for
issuance of building and grading 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 herein and the City’s
Building Code and Zoning Ordinance.
Further, the person obtaining a building and/or grading permit for this project shall
execute a Certificate of Construction stating that the project will be constructed according to
this Resolution and any plans approved therewith.
G. Structural lot coverage of the lot shall not exceed 12,377 square feet or 18% 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 20,835 square feet or
30.3% of the net lot area in conformance with lot coverage limitations (35% maximum).
H. The disturbed area of the lot shall not exceed 49.9%, or 34,355 square feet
surface area. Grading, other than preparation for the foundation, is not proposed.
L. The solar batteries and equipment shall be screened from neighboring properties
with vegetation or fencing and maintained in good condition at all times. Conduit and wiring
shall be underground or concealed in a manner approved by the Planning Director.
M. 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 structures, or as otherwise
required by the Fire Department.
N. The applicant shall comply with all requirements of the Low Impact Development
requirements for storm water management on site (RHMC Chapter 8.32).
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O. 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. Prior to issuance of building permit, any new landscaping shall be shown on a
landscaping plan and shall meet the requirements of the City. The landscape plan shall be
submitted to the City in conformance with Fire Department Fuel Modification requirements, and
shall be approved by the City.
Q. The project shall be landscaped, and continually maintained in substantial
conformance with the landscaping plan on file. A 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 mature do not grow into a hedge or impede any neighbors’ views and the
plan shall provide that all landscaping be maintained at a height no higher than the roof line of
the nearest project structure. In addition, the landscaping plan shall provide for screening of
the project with vegetation not to exceed 10 feet in height, and that the vegetation used for
screening shall be planted in an off-set manner, so as to prevent it, as it grows from forming a
solid hedge. 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.
Plants listed as high hazardous plants under RHMC Section 8.30.015 are prohibited.
R. The landscaping shall be subject to the requirements of the City’s Water Efficient
Landscape Ordinance, (Chapter 13.18 of the RHMC).
Pursuant to Chapter 8.30 of the RHMC, the property shall at all times be maintained
free of dead trees and vegetation.
S. The setback lines and roadway easement lines in the vicinity of the construction
for this project shall remain staked throughout the construction. A construction fence may be
required.
T. Perimeter easements, including roadway easements and trails, if any, shall
remain free and clear of any improvements to advance equestrian use and emergency
preparedness for evacuation within the City. Where RHCA has demonstrated authority over
the easement, the City’s Planning Director may grant relief from this condition upon
satisfactory proof of permission from RHCA and a legitimate showing that there is no need for
the condition to advance equestrian uses and emergency preparedness.
U. 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.
V. During construction, conformance with the air quality management district
requirements, storm water pollution prevention practices, county and local ordinances and
engineering practices so that people or property are not exposed to undue vehicle trips, noise,
dust, objectionable odors, landslides, mudflows, erosion, or land subsidence shall be required.
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W. During construction, to the extent feasible, all parking shall take place on the
project site, on the 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 contractor shall car-pool into the City. To the
extent feasible, a minimum of 4’ wide path, from the edge of the roadway pavement, for
pedestrian and equestrian passage shall be available and be clear of
vehicles, construction materials and equipment at all times.
X. During construction, the property owners shall be required to schedule and
regulate construction and relate 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. Prior to demolition of the existing structures, an investigation shall be conducted
for the presence of hazardous chemicals, lead-based paints or products, mercury and
asbestos-containing materials (ACMs). If hazardous chemicals, lead-based paints or products,
mercury or ACMs are identified, remediation shall be undertaken in compliance with California
environmental regulations and policies.
Z. The property owner and/or his/her contractor/applicant shall be responsible for
compliance with the no-smoking provisions in the Municipal Code. The contractor shall not use
tools that could produce a spark, including for clearing and grubbing, during red flag warning
conditions. Weather conditions can be found at:
http://www.wrh.noaa.gov/lox/main.php?suite=safety&page=hazard_definitions#FIRE. It
is the sole responsibility of the property owner and/or his/her contractor to monitor the red flag
warning conditions.
AA. The project shall drain in accordance with the City’s drainage requirements.
Drainage dissipaters shall be constructed outside of any easements. The drainage system
shall be approved by the Department of Building and Safety. If an above ground swale and/or
dissipater is required, it shall be designed in such a manner as not to cross over any
equestrian trails or discharge water onto a trail, shall be stained in an earth tone color, and
shall be screened from any trail, road and neighbors’ view to the maximum extent practicable,
without impairing the function of the drainage system.
AB. During construction, dust control measures shall be used to stabilize the soil from
wind erosion and reduce dust and objectionable odors generated by construction activities in
accordance with South Coast Air Quality Management District, Los Angeles County and local
ordinances and engineering practices.
AC. During construction, an Erosion Control Plan containing the elements set forth in
Section 7010 of the 2016 County of Los Angeles Uniform Building Code shall be followed to
minimize erosion and to protect slopes and channels to control storm water pollution.
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AD. The property owners shall be required to conform to the Regional Water Quality
Control Board and County Health Department requirements for the installation and
maintenance of storm water drainage facilities and septic tank.
AE. The applicant shall pay all of the applicable Building and Safety and Public
Works Department fees and Palos Verdes Peninsula Unified School District fees, if any.
AF. Prior to final inspection of the project, “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 Planning Commission approved
plans. In addition, any modifications made to the project during construction, shall be depicted
on the “as built/as graded” plan.
AG. The applicants shall execute an Affidavit of Acceptance of all conditions of the
Site Plan Review approval, or the approval shall not be effective.
AH. All conditions of this Resolution, when applicable, must be complied with prior to
the issuance of a grading or building permit from the Building and Safety Department
AI. Any action challenging the final decision of the City made as a result of the public
hearing on this application must be filed within the time limits set forth in Section 17.54.070 of
the Rolling Hills Municipal Code and Code of Civil Procedure Section 1094.6.
PASSED, APPROVED AND ADOPTED THIS 17th DAY OF SEPTEMBER, 2024.
BRAD CHELF, CHAIRPERSON
ATTEST:
____________________________________
CHRISTIAN HORVATH, 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 Civil Procedure Section 1094.6.
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2024-12 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL FOR A VARIANCE REQUEST TO
CONSTRUCT SOLAR BATTERIES AND EQUIPMENT IN THE SIDE YARD
SETBACK IN ZONING CASE NO. 24-063 FOR A PROPERTY LOCATED AT
18 EASTFIELD DRIVE, AND FINDING THE PROJECT CATEGORICALLY
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
PURSUANT TO STATE CEQA GUIDELINES SECTION 15303 (LOT 69-A-EF)
(RICH)
was approved and adopted at a regular meeting of the Planning Commission on September
17, 2024, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
and in compliance with the laws of California was posted at the following:
Administrative Offices.
__________________________________
CHRISTIAN HORVATH, CITY CLERK