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CL_AGN_230221_PC_AgendaPacket_F1.CALL TO ORDER 2.ROLL CALL 3.PLEDGE OF ALLEGIANCE 4.APPROVE ORDER OF THE AGENDA This is the appropriate time for the Chair or Commissioners to approve the agenda as is or reorder. 5.BLUE FOLDER ITEMS (SUPPLEMENTAL) Blue folder items are additional back up material to administrative reports and/or public comments received after the printing and distribution of the agenda packet for receive and file. 6.PUBLIC COMMENTS ON NON-AGENDA ITEMS This section is intended to provide members of the public with the opportunity to comment on any subject that does not appear on this agenda for action. Each speaker will be permitted to speak only once. Written requests, if any, will be considered first under this section. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 AGENDA Regular Planning Commission Meeting PLANNING COMMISSION Tuesday, February 21, 2023 CITY OF ROLLING HILLS 6:30 PM Executive Order N-29-20 This meeting is held pursuant to Executive Order N-29-20 issued by Governor Newsom on March 17, 2020. All Planning Commissioners will participate by teleconference. Public Participation: City Hall will be closed to the public until further notice. A live audio of the Planning Commission meeting will be available on the City's website (https://www.rolling-hills.org/PC%20Meeting%20Zoom%20Link.pdf). The meeting agenda is also available on the City's website (https://www.rolling-hills.org/government/agenda/index.php). Join Zoom Meeting via https://us02web.zoom.us/j/99343882035? pwd=MWZXaG9ISWdud3NpajYwY3dF bllFZz09 Meeting ID: 993 4388 2035 Passcode: 647943 Members of the public may submit comments in real time by emailing the City Clerk's office at cityclerk@cityofrh.net. Your comments will become a part of the official meeting record. You must provide your full name but do not provide any other personal information (i.e., phone numbers, addresses, etc) that you do not want to be published. 1 7.CONSENT CALENDAR Business items, except those formally noticed for public hearing, or those pulled for discussion are assigned to the Consent Calendar. The Chair or any Commissioner may request that any Consent Calendar item(s) be removed, discussed, and acted upon separately. Items removed from the Consent Calendar will be taken up under the "Excluded Consent Calendar" section below. Those items remaining on the Consent Calendar will be approved in one motion. The Chair will call on anyone wishing to address the Commission on any Consent Calendar item on the agenda, which has not been pulled by Commission for discussion. 7.A.APPROVE AFFIDAVIT OF POSTING FOR THE PLANNING COMMISSION REGULAR MEETING OF JANUARY 17, 2023 RECOMMENDATION: Approve as presented. 7.B.CONTINUATION OF REMOTE CITY COUNCIL AND COMMISSION MEETINGS DURING THE MONTH OF FEBRUARY, 2023 PURSUANT TO THE REQUIREMENTS OF AB 361. RECOMMENDATION: Approve as presented. 7.C.APPROVE THE MINUTES FOR THE DECEMBER 20, 2022, PLANNING COMMISSION MEETINGS RECOMMENDATION: Approve as presented. 8.EXCLUDED CONSENT CALENDAR ITEMS 9.PUBLIC HEARINGS ON ITEMS CONTINUED FROM PREVIOUS MEETING 10.NEW PUBLIC HEARINGS 10.A.ZONING CASE NO. 23-003: REQUEST FOR APPROVAL OF A SITE PLAN REVIEW FOR NON-EXEMPT GRADING AND CONDITIONAL USE PERMIT FOR A PROPOSED 960-SQUARE-FOOT STABLE Â WITH Â 480-SQUARE-FOOT COVERED Â PORCH TO EXCEED THE ALLOWABLE 200-SQUARE-FOOT MAXIMUM LOCATED AT 74 PORTUGUESE BEND ROAD, (LOT 37-FT) (WILSON), AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT R EC O M M EN D AT I O N: Open the public hearing, receive public testimony, discuss the project, close the public hearing, and adopt Resolution No. 2023- 01 approving the project as presented. 10.B.ZONING CASE NO. 22-81:Â REQUEST FOR APPROVAL OF A SITE PLAN REVIEW FOR A 912-SQUARE-FOOT SWIMMING POOL/SPA, APPURTENANT STRUCTURES, HARDSCAPE, LANDSCAPE, AND NON-EXEMPT GRADING; CONDITIONAL USE PERMITS FOR THE CONSTRUCTION OF A 714-SQUARE- FOOT MIXED-USE DETACHED GARAGE AND CHICKEN COOP, 3,348- SQUARE-FOOT EQUESTRIAN RIDING ARENA, RELOCATION OF AN EXISITNG CL_AGN_230221_PC_AffidavitofPosting.pdf CL_MIN_221220_PC_F.pdf CL_MIN_221220_PC_FT_F.pdf 1. Development Table 2. PL_ADR_230221_74PortugueseBendRd_ZC23-003_radius_map.pdf 3. 2023-01_PC RESOLUTION_74PortugueseBendRd_ZC23-003_Stable_Wilson_D.pdf 4. Development Plans 2 DRIVEWAY APRON, RECONSTRUCTED STABLE ON THE SAME FOOTPRINT; AND VARIANCES FOR STRUCTURES TO ENCROACH INTO THE REQUIRED SETBACKS, TO EXCEED THE MAXIMUM 35% LOT COVERAGE, AND TO EXCEED THE 20% FRONT YARD COVERAGE FOR THE DRIVEWAY, LOCATED AT 9 PORTUGUESE BEND ROAD, (LOT 74-RH) (WILLIS), AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT R EC O M M EN D AT I O N: Open the public hearing, receive public testimony, discuss the project, provide direction to staff, and continue the public hearing to the next regularly scheduled Planning Commission meeting on March 21, 2023. 11.OLD BUSINESS 12.NEW BUSINESS 13.SCHEDULE FIELD TRIPS 14.ITEMS FROM STAFF 1. Continuance of Remote Meetings 15.ITEMS FROM THE PLANNING COMMISSION 16.ADJOURNMENT Next meeting: Tuesday, March 21, 2023 at 6:30 p.m. via tele-conference. 1. Development Table 2. Development Plans 3. Project Summary Table 4. Radius Map 5. Photos 6. Traffic Commission Staff Report November 10, 2022 7. Traffic Engineer Report 8. Existing Driveway Plan 9. Proposed Driveway Diagram Notice: In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting due to your disability, please contact the City Clerk at (310) 377-1521 at least 48 hours prior to the meeting to enable the City to make reasonable arrangements to ensure accessibility and accommodation for your review of this agenda and attendance at this meeting. Documents pertaining to an agenda item received after the posting of the agenda are available for review in the City Clerk's office or at the meeting at which the item will be considered. All of the above resolutions and zoning case items have been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines unless otherwise stated. 3 Agenda Item No.: 7.A Mtg. Date: 02/21/2023 TO:HONORABLE CHAIR AND MEMBERS OF THE PLANNING COMMISSION FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:APPROVE AFFIDAVIT OF POSTING FOR THE PLANNING COMMISSION REGULAR MEETING OF JANUARY 17, 2023 DATE:February 21, 2023 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Approve as presented. ATTACHMENTS: CL_AGN_230221_PC_AffidavitofPosting.pdf 4 Administrative Report 7.A., File # 1615 Meeting Date: 2/21/2023 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) AFFIDAVIT OF POSTING In compliance with the Brown Act, the following materials have been posted at the locations below. Legislative Body Planning Commission Posting Type Regular Meeting Agenda Posting Location 2 Portuguese Bend Road, Rolling Hills, CA 90274 City Hall Window City Website: https://www.rolling-hills.org/government/agenda/index.php https://www.rolling-hills.org/government/city_council/city_council_archive_agendas/index.php Meeting Date & Time FEBRUARY 21, 2023 6:30 pm As City Clerk of the City of Rolling Hills, I declare under penalty of perjury, the document noted above was posted at the date displayed below. Christian Horvath, City Clerk Date: February 17, 2023 5 Agenda Item No.: 7.B Mtg. Date: 02/21/2023 TO:HONORABLE CHAIR AND MEMBERS OF THE PLANNING COMMISSION FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:CONTINUATION OF REMOTE CITY COUNCIL AND COMMISSION MEETINGS DURING THE MONTH OF FEBRUARY, 2023 PURSUANT TO THE REQUIREMENTS OF AB 361. DATE:February 21, 2023 BACKGROUND: With the Governor ’s approval of AB 361, public agencies have been granted the continuing ability to conduct virtual meetings during declared public health emergencies under specified circumstances until January 1, 2024. Based on the requirements of AB 361, in order for the City to hold virtual meetings, the Planning Commission needs to determine monthly that the following conditions exist: 1) There continues to be a health and safety risk due to COVID-19 as a proclaimed state of emergency with recommended measures to promote social distancing; and 2) Meeting in person during the proclaimed state of emergency would present imminent risks to the health and safety of attendees. The other requirements associated with continued virtual meetings are outlined in the text of AB 361. The recommended action is for the Planning Commission to find that the following conditions exist and that they necessitate remote Committee meetings for the coming month: 1) There continues to be a health and safety risk due to COVID-19 as a proclaimed state of emergency with recommended measures to promote social distancing; and 2) Meeting in person during the proclaimed state of emergency would present imminent risks to the health and safety of attendees. These findings will need to be made by the City Council each month that the City opts to continue with remote meetings. 6 DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: None. ATTACHMENTS: 7 Agenda Item No.: 7.C Mtg. Date: 02/21/2023 TO:HONORABLE CHAIR AND MEMBERS OF THE PLANNING COMMISSION FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:APPROVE THE MINUTES FOR THE DECEM BER 20, 2022, PLANNING COMMISSION MEETINGS DATE:February 21, 2023 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Approve as presented. ATTACHMENTS: CL_MIN_221220_PC_F.pdf CL_MIN_221220_PC_FT_F.pdf 8 MINUTES – PLANNING COMMISSION MEETING Tuesday, December 20 , 2022 Page 1 Minutes Rolling Hills Planning Commission Tuesday, December 20, 202 2 Regular Meeting 6:30 p.m. Via tele-conference 1. CALL MEETING TO ORDER The Planning Commission of the City of Rolling Hills met via teleconference on the above date with Chair Chelf presiding. Chair Chelf called the meeting to order at 6:31 p.m. 2. ROLL CALL Commissioners Present: Cardenas, Cooley, Douglass, Chair Chelf Commissioners Absent: Vice Chair Kirkpatrick [not present at roll call but joined later on] Staff Present: John Signo, Planning & Community Services Director Stephanie Grant, Assistant Planner Ryan Stager, Assistant City Attorney 3. PLEDGE OF ALLEGIANCE Director Signo led the Pledge of Allegiance. 4. APPROVE ORDER OF THE AGENDA Motion by Commissioner Cardenas, seconded by Commissioner Cooley, to approve as is. Motion carried unanimously with the following roll call vote: AYES: Cardenas, Cooley, Douglass, Chair Chelf NOES: None ABSENT: Kirkpatrick 5. BLUE FOLDER ITEMS (SUPPLEMENTAL) - NONE 6. PUBLIC COMMENTS ON NON-AGENDA ITEMS – NONE 7. CONSENT CALENDAR 7.A. APPROVE AFFIDAVIT OF POSTING FOR THE PLANNING COMMISSION REGULAR MEETING OF DECEMBER 20, 2022 7.B. CONTINUATION OF REMOTE CITY COUNCIL AND COMMISSION MEETINGS DURING THE MONTH OF DECEMBER, 2022 PURSUANT TO THE REQUIREMENTS OF AB 361. 7.C. APPROVE THE MINUTES FOR THE NOVEMBER 15, 2022, PLANNING COMMISSION REGULAR MEETING Motion by Commissioner Cardenas, seconded by Chair Chelf, to approve Items 7A, 7B, and 7C. Motion carried unanimously with the following roll call vote: 9 MINUTES – PLANNING COMMISSION MEETING Tuesday, December 20 , 2022 Page 2 AYES: Cardenas, Cooley, Douglass, Chair Chelf NOES: None ABSENT: Kirkpatrick 8. EXCLUDED CONSENT CALENDAR ITEMS – NONE 9. PUBLIC HEARINGS ON ITEMS CONTINUED FROM PREVIOUS MEETINGS – NONE 10. NEW PUBLIC HEARINGS 10.A. ZONING CASE NO. 21-17: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR: A SITE PLAN REVIEW FOR GRADING; CONDITIONAL USE PE RMIT FOR A 7,088-SQUAREFOOT TENNIS COURT; AND VARIANCE REQUESTS FOR GRADING EXPORT, ENCROACHMENT OF THE TENNIS COURT AND PLANTER INTO THE FRONT SETBACK AND FRONT YARD AREA, ENCROACHMENT WITHIN 50 FEET OF A PAVED ROAD, EXCEEDANCE OF THE MAXIMUM ALLOWED 10,000 SQUARE FEET GRADING AREA, EXCEEDANCE OF THE MAXIMUM ALLOWED 750 CUBIC YARDS OF GRADING, AND EXCEEDANCE OF THE MAXIMUM ALLOWED DISTURBANCE AREA FOR A PROPERTY LOCATED AT 12 UPPER BLACKWATER CANYON ROAD (LOT 97-1-RH) ROLLING HILLS, CA 90274 (KIM), AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Presentation by Assistant Planner Grant. Chair Chelf opened the public hearing for comments. Assistant City Attorney Stager announced that Vice Chair Kirkpatrick joined the meeting and was in attendance. Public comments: Gregory Gershuni, Dave Breiholz, Wendi Russell, Patrick Kaufman (applicant), Charles Kim (owner) Discussion provided by Commissioner Cardenas, Commissioner Douglass, Commissioner Cooley, Vice Chair Kirkpatrick, and Chair Chelf. Mr. Kim agreed to continue the item to be able to study relocating the tennis court. Motion by Commissioner Cardenas, seconded by Vice Chair Kirkpatrick, to continue the item to the regularly scheduled meeting on February 21, 2023, to give the applicant time to relocate the tennis court further southeast. Motion carried unanimously with the following roll call vote: AYES: Cardenas, Cooley, Douglass, Kirkpatrick, Chair Chelf NOES: None ABSENT: None 11. OLD BUSINESS – NONE 12. NEW BUSINESS – NONE 13. SCHEDULED FIELD TRIPS – NONE 10 MINUTES – PLANNING COMMISSION MEETING Tuesday, December 20 , 2022 Page 3 14. ITEMS FROM STAFF 14.A. DIRECTOR’S REPORT Director Signo gave a report on the Housing Element certification, Notice of Intent to Adopt a Mitigated Negative Declaration for the Shen Residence at 77 Portuguese Bend Road, and the upcoming SBCCOG Housing Education Forum, which were all included in the agenda package. He gave an overview of the projects the Commission worked on in 2022, expectations in 2023, and thanked the Commission for their work. Assistant City Attorney Stager gave an overview of two lawsuits filed by certain cities to try to overturn SB 9 as well as a pending ballot measure led by “Our Neighborhood Voices.” 15. ITEMS FROM THE PLANNING COMMISSION – NONE 16. ADJOURNMENT : 7:30 P.M. The meeting was adjourned at 7:30 p.m. to the regularly scheduled Planning Commission meeting on Tuesday, January 17, 2023 beginning at 6:30 p.m. Respectfully submitted, ____________________________________ Christian Horvath, City Clerk Approved, ____________________________________ Brad Chelf, Chair 11 MINUTES – PLANNING COMMISSION FIELD TRIP MEETING Tuesday, December 20 , 2022 Page 1 Minutes Rolling Hills Planning Commission Tuesday, December 20, 2022 Field Trip Meeting 7:30 a.m. 12 Upper Blackwater Canyon Road 1. CALL MEETING TO ORDER The Planning Commission of the City of Rolling Hills met at 12 Upper Blackwater Canyon Road on the above date at 7:34 a.m. Chair Brad Chelf presiding. 2. ROLL CALL Commissioners Present: Cardenas, Cooley, Douglass, Vice Chair Kirkpatrick, Chair Chelf Commissioners Absent: None Staff Present: John Signo, Planning & Community Services Director Stephanie Grant, Assistant Planner Public Present: James Aichele, Murray Smith, Wendi Russell, Dave Brieholtz, Gregory Gershuni 3. COMMENTS FROM THE PUBLIC ON ITEMS NOT ON THE AGENDA – NONE 4. FIELD TRIP 4.A. APPROVE AFFIDAVIT OF POSTING FOR THE PLANNING COMMISSION FIELD TRIP MEETING OF DECEMBER 20, 2022 Motion by Chair Chelf, seconded by Vice Chair Kirkpatrick to approve as is. Motion carried unanimously with the following voice vote: AYES: Cardenas, Cooley, Douglass, Kirkpatrick, Chair Chelf NOES: None ABSENT: None 4.B. ZONING CASE NO. 21-17: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR: A SITE PLAN REVIEW FOR GRADING; CONDITIONAL USE PERMIT FOR A 7,088-SQUARE-FOOT TENNIS COURT; AND VARIANCE REQUESTS FOR GRADING EXPORT, ENCROACHMENT OF THE TENNIS COURT AND PLANTER INTO THE FRONT SETBACK AND FRONT YARD AREA, ENCROACHMENT WITHIN 50 FEET OF A PAVED ROAD, EXCEEDENCE OF THE MAXIMUM ALLOWED 10,000 SQUARE FEET GRADING AREA, EXCEEDENCE OF THE MAXIMUM ALLOWED 750 CUBIC YARDS OF GRADING, AND EXCEEDANCE OF THE MAXIMUM ALLOWED DISTURBANCE AREA FOR A PROPERTY LOCATED AT 12 UPPER BLACKWATER CANYON ROAD (LOT 97-1-RH) ROLLING HILLS, CA 90274 (KIM), AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Presentation by Stephanie Grant, Assistant Planner. Public Comment: Murray Smith, Wendi Russell, Dave Breiholz 5. ADJOURNMENT : 8:04 A.M. 12 MINUTES – PLANNING COMMISSION FIELD TRIP MEETING Tuesday, December 20 , 2022 Page 2 The meeting was adjourned at 8:04 a.m. to the regular meeting of the Planning Commission scheduled to be held on Tuesday, December 20, 2022 beginning at 6:30 p.m. via tele-conference. Respectfully submitted, ____________________________________ Christian Horvath, City Clerk Approved, ____________________________________ Brad Chelf, Chair 13 Agenda Item No.: 10.A Mtg. Date: 02/21/2023 TO:HONORABLE CHAIR AND MEMBERS OF THE PLANNING COMMISSION FROM:STEPHANIE GRANT, ASSISTANT PLANNER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT: ZONING CASE NO. 23-003: REQUEST FOR APPROVAL OF A SITE PLAN REVIEW FOR NON-EXEMPT GRADING AND CONDITIONAL USE PERMIT FOR A PROPOSED 960-SQUARE-FOOT STABLE WITH 480- SQUARE-FOOT COVERED PORCH TO EXCEED THE ALLOWABLE 200-SQUARE-FOOT MAXIMUM LOCATED AT 74 PORTUGUESE BEND ROAD, (LOT 37-FT) (WILSON), AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT DATE:February 21, 2023 BACKGROUND: Zoning, Location, and Lot Description The lot is an irregularly shaped parcel zoned RAS-2 and the net lot area is 156,122 square feet (3.58 acres). The lot is currently developed with a 2,531 -square-foot single-family residence, 510-square-foot attached garage, 469-square-foot above ground pool, 321-square- foot chicken coop, 194 -square- foot shed, and 7,518-square-foot corral. There is one main building pad, and the subject property is developed for equestrian uses with existing temporary structures and a fenced pipe corral area that will be demolished and replaced with the proposed new stable. The subject property is located at the end of Portuguese Bend Road within the Flying Triangle. The property is accessible from Portuguese Bend Road by a long extended private driveway that slopes down to the proposed stable and residence. The existing corral is located in the northern portion of the property. DISCUSSION: Applicant Request On January 5, 2023, the Applicant and Property Owner, Patrick Wilson, submitted an 14 application for a Site Plan Review and Conditional Use Permit. The applicant is proposing to construct a new prefabricated 960-square-foot stable with 480 square feet of covered porches. The applicant is also proposing to remove temporary structures, demolish the existing pipe corral, and grade a portion of the pad for the new stable. Site Plan Review The Rolling Hills Municipal Code requires a Site Plan Review for non -exempt grading and a grading permit is required for grading of more than 50 cubic yards. The Applicant is requesting a Site Plan Review for a total of 56 cubic yards of grading. The proposed project includes balanced grading of 28 cubic yards of cut and 28 cubic yards of fill. Conditional Use Permit The Rolling Hills Municipal Code (RHMC) requires a Conditional Use Permit for a stable that exceeds the maximum allowable 200 square feet. The applicant is proposing to construct a new prefabricated 960-square- foot stable with a total of 4 stalls, each 16 feet long by 12 feet wide. The stable also includes 480 square feet of covered porches. MUNICIPAL CODE COMPLIANCE Setbacks The project complies with all of the required setbacks in the RAS-2 Zone. Lot Coverage and Building Pad Coverage The existing structural and flatwork coverage is 11,443 square feet or 7.33%, and the project increases that by 1,440 square feet or 0.92%. The total overall structural and flatwork coverage will result in 12,883 square feet or 8.25%, which is still well under the maximum allowed 35% structural and flatwork coverage. The existing Building Pad Coverage is 19,388 square feet or 28.8%, and there is no increase, this is well below the maximum 30% guideline. Disturbance The existing disturbed area is 21,700 square feet or 13.9%. There will be an increase of 810 square feet or 0.5% of disturbance. The total overall disturbed area will result in 22,510 square feet or 14.4%, which is well under the 40% maximum allowed disturbed area. The proposed project requires minimal grading and all dirt will be balanced onsite. Stable Access The proposed stable is accessible from an existing sloped driveway located at the end of Portuguese Bend Road. Neighbor Concerns No public comments have been received on the date of publication of this Agenda item. Environmental Review The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA) pursuant to Section 15303(e) (New Construction or Conversion of Small Structures) of the CEQA Guidelines, which exempts accessory structures. The property is in the Flying Triangle but the area has been used for equestrian purposes and the new stable is not for human habitation and will replace temporary structures meant to support equestrian use. 15 CRITERIA FOR SITE PLAN REVIEW 17.46.050 - Required Site Plan Review findings A. The Commission shall be required to make findings in acting to approve, conditionally approve, or deny a Site Plan Review application. B. No project which requires Site Plan Review approval shall be approved by the Commission, or by the City Council on appeal, unless the following findings can be made: 1. The project complies with and is consistent with the goals and policies of the general plan and all requirements of the zoning ordinance; 2. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. Lot coverage requirements are regarded as maximums, and the actual amount of lot coverage permitted depends upon the existing buildable area of the lot; 3. The project is harmonious in scale and mass with the site, the natural terrain and surrounding residences; 4. The project preserves and integrates into the site design, to the greatest extent possible, existing topographic features of the site, including surrounding native vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls); 5. Grading has been designed to follow natural contours of the site and to minimize the amount of grading required to create the building area; 6. Grading will not modify existing drainage channels nor redirect drainage flow, unless such flow is redirected into an existing drainage course; 7. The project preserves surrounding native vegetation and mature trees and supplements these elements with drought-tolerant landscaping which is compatible with and enhances the rural character of the community, and landscaping provides a buffer or transition area between private and public areas; 8. The project is sensitive and not detrimental to the convenient and safe movement of pedestrians and vehicles; and 9. The project conforms to the requirements of the California Environmental Quality Act. If all of the above findings cannot be made with regard to the proposed project, or cannot be made even with changes to the project through project conditions imposed by City staff and/or the Planning Commission, the site plan review application shall be denied. CRITERIA FOR CONDITIONAL USE PERMIT 17.42.050 Basis for approval or denial of Conditional Use Permit The Commission (and Council on appeal), in acting to approve a conditional use permit application, may impose conditions as are reasonably necessary to ensure the project is consistent with the General Plan, compatible with surrounding land use, and meets the provisions and intent of this title. In making such a determination, the hearing body shall find that the proposed use is in general accord with the following principles and standards: A. That the proposed conditional use is consistent with the General Plan; B. That the nature, condition and development of adjacent uses, buildings and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, building or structures; C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed; D. That the proposed conditional use complies with all applicable development standards of the zone district; E. That the proposed use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting and siting criteria for hazardous 16 waste facilities; and F. That the proposed conditional use observes the spirit and intent of this title. FISCAL IMPACT: None. RECOMMENDATION: Open the public hearing, receive public testimony, discuss the project, close the public hearing, and adopt Resolution No. 2023-01 approving the project as presented. ATTACHMENTS: 1. Development Table 2. PL_ADR_230221_74PortugueseBendRd_ZC23-003_radius_map.pdf 3. 2023-01_PC RESOLUTION_74PortugueseBendRd_ZC23-003_Stable_Wilson_D.pdf 4. Development Plans 17 Development Table Zoning Case No. 23-003 74 Portuguese Bend Road Site Plan Review (SPR)and Conditional Use Permit (CUP) EXISTING PROPOSED TOTAL RA-S-2 Zone SINGLE FAMILY RESIDENCE, ATTACHED GARAGE, SWIMMING POOL, SHED, & CHICKEN COOP SPR FOR GRADING AND NEW 960 SF STABLE WITH 480 SF COVERED PORCH Net Lot Area 156,122 SF (3.58 acres)0 SF 156,122 SF (3.58 acres) Residence 2,531 SF 0 SF 2,531 SF Garage 510 SF 0 SF 510 SF Swimming Pools/Spa 469 SF 0 SF 469 SF Pool Equipment 24 SF 0 SF 24 SF Pool House 0 SF 0 SF 0 SF Stable minimum: 450 SF Corral minimum: 550SF 0 SF 8,445 SF 960 SF 0 SF 960 SF 8,445 SF Recreation Court 0 SF 0 SF 0 SF Stairs 0 SF 0 SF 00 SF Attached Covered Porches, Entryway, Porte Cochere, Breezeways 0 SF 480 SF 480 SF Detached Structures: Sheds, Trellises, Gazebos 194 SF 0 SF 194 SF Chicken Coop 321 SF 0 SF 321 SF Service Yard 95 SF 0 SF 95 SF Basement Area 0 SF 0 SF 0 SF Primary Driveway 2,582 SF 0 SF 2,582 SF Paved walks, patio areas, courtyards 2,648 SF 0 SF 2,648SF Other paved areas 1,891 SF 0 SF 1,891 SF Grading 0 CY 56 CY total 28 CY cut 28 CY fill 56 CY Structural Lot Coverage (20% max) 4,049 (2.6%)1,440 SF (0.9%)5,489 SF (3.5%) Flatwork Lot Coverage 7,395 SF (4.74 %)0 SF (0.0 %)7,395 SF (4.74%) Total Lot Coverage (Structures and Flatwork) (35% max & with deductions 11,443 SF (7.33%)1,440 SF (0.92%)12,883 SF (8.25%) Total Disturbed Area (40% maximum) 21,700 SF (13.9%)810 SF (0.5%)22,510 SF (14.4%) Building Pad #1 total 7,492 SF Main Residence and Garage 19,388 SF (21.4%)0 SF 19,388 SF (28.8%) 18 City of Rolling Hills 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 TITLE VICINITY MAP CASE NO. Zoning Case No. 23-003 Site Plan Review & Conditional Use Permit OWNER Patrick L. Wilson and Nancy A. Bell ADDRESS 74 Portuguese Bend Road, Rolling Hills, CA 90274 19 65277.00010\41031089.2 02/14/23 RESOLUTION NO. 2023-001 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR NON-EXEMPT GRADING AND A CONDITIONAL USE PERMIT FOR A PROPOSED 960-SQUARE-FOOT STABLE WITH 480-SQUARE-FOOT COVERED PORCH TO EXCEED THE ALLOWABLE 200-SQUARE-FOOT MAXIMUM LOCATED AT 74 PORTUGUESE BEND ROAD, (LOT 37-FT) (WILSON), AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. On January 5, 2023, an application was duly filed by Mr. Patrick Wilson (“Applicant”) with respect to real property located at 74 Portuguese Bend Road, Rolling Hills, requesting a Site Plan Review for non-exempt grading that covers an area greater than 2,000 square feet and a Conditional Use Permit for a 960-square-foot stable with 480 square feet of covered porches. Section 2. On February 21, 2023, the Planning Commission conducted a duly noticed public hearing to consider the proposed project during an on-site field trip and an evening teleconference meeting on the same day. Neighbors within a 1,000-foot radius were notified of the public hearings and public notice was published in the Daily Breeze on February 11, 2023. The Applicant and the agent were notified of the public hearings in writing by first class mail and the Applicant and agent were in attendance at the hearings. Evidence was heard and presented from all persons interested in said proposal. Section 3. The lot is an irregularly shaped parcel zoned RAS-2 and the net lot area is 156,122 square feet. The lot is currently developed with an existing 2,531-square- foot single-family residence, 510-square-foot attached garage, 469-square-foot above ground pool, 321-square foot chicken coop, 194-square-foot shed, and 8,445-square-foot corral. There is one main building pad, and the northern portion of the subject property is developed for equestrian uses with the corral. The proposed stable will be located within the existing corral and the applicant will demolish temporary structures and the existing pipe corral and grade a portion of the pad for the new stable. Section 4. This Project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303(e), Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, which exempts the construction and location of new small facilities or structures, including accessory structures, including but not limited to garages, carports, patios, swimming pools and fences. Here, the Project includes construction of a new prefabricated stable with a covered porch. Although the property is located in the Flying Triangle, the project is not meant for human habitation and will be located in an area already used for equestrian purposes. Accordingly, the Project qualifies for the exemption pursuant to Section 15303(e). Further, no exceptions 20 65277.00010\41031089.2 02/21/23 2 Resolution No. 2023-001 74 Portuguese Bend Road (Wilson) to the exemption apply; there is no reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. Section 5. Conditional Use Permit Findings. Section 17.18.050(A)(1) of the Rolling Hills Municipal Code (RHMC) permits approval of a stable greater than two hundred square with a Conditional Use Permit. RHMC Section 17.16.040 (A)(6) allows the proposed project in the RA-S zone, provided a conditional use permit is approved. The Planning Commission must consider findings for a Conditional Use Permit and may, with such conditions as are deemed necessary, approve a conditional use that complies with the findings in RHMC Section 17.18.060 - Requirements for stables requiring a conditional use permit. The proposed stable complies with all requirements of this section. With respect to the aforementioned request for a Conditional Use Permit per RHMC Section 17.42.050, the Planning Commission finds as follows: A. The proposed conditional use is consistent with the General Plan. The granting of a Conditional Use Permit for the new stable is consistent with the purposes and objectives of the Zoning Ordinance and General Plan because the stable meets the setback requirements, preserves viewscapes, and minimizes grading. The use is also consistent with similar uses in the community, and meets all the applicable code development standards for a stable. The propose project is located in an area on the property that is already developed to accommodate such equestrian use. The project is consistent with the following land use policies of the General Plan: Land Use Policy 2.3: Maintain and provide regulations for sufficient setbacks and easements to provide buffers between residential uses. Land Use Policy 2.4: Ensure the siting of buildings maintain and preserve viewscapes from adjacent structures through the site review process. Land Use Policy 3.2: Maintain strict grading practices to preserve the community's natural terrain. B. That the nature, condition and development of adjacent uses, buildings and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, building or structures. The new 960-square-foot stable is distanced from nearby residences by at least 35 feet as required by Code, as well as not having any impact on the views of surrounding neighbors. 21 65277.00010\41031089.2 02/21/23 3 Resolution No. 2023-001 74 Portuguese Bend Road (Wilson) C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed. The proposed new stable is of similar scale with existing stables in the community and the net lot area is 3.58 acres. The proposed stable will be located in an existing 8,445- square-foot corral, which is sufficient to accommodate the proposed use. Furthermore, the area is already used for equestrian purposes and the stable will be replacing temporary structures used to support the equestrian use. D. The proposed conditional use complies with all applicable development standards of the zone district. The proposed stable requires a Conditional Use Permit pursuant to RHMC Sections 17.18.050 and 17.18.060. The proposed stable meets all of the development standards of RHMC Section 17.06.060 for the RAS-2 Zone, including the front, rear, and side setbacks. The proposed stable is located 35 feet from any habitual structures. E. The proposed conditional use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating 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. F. The proposed conditional use observes the spirit and intent of this title. The proposed stable observes the spirit and intent of the zoning title because it provides for a use that is encouraged throughout the City, as each property is required to have a stable and corral or a set aside therefor. It also meets all development standards and therefore observes the spirit and intent of the zoning ordinance. Section 6. Site Plan Review Findings. RHMC Section 17.46.020(A)(1) requires a Site Plan Review for a proposed project with non-exempt grading. The project consists of 56 cubic yards of grading, including 28 cubic yards of cut from the west section of the building footprint and 28 cubic yards of fill in the east portion of the building footprint. The graded area covers more than 2,000 square feet of surface area and will level and flatten the pad for the proposed stable. In accordance with RHMC Section 17.46.050, the Planning Commission makes the following findings: A. The project complies with and is consistent with the goals and policies of the general plan and all requirements of the zoning ordinance. The Project is consistent with the purposes and objectives of the General Plan and is consistent with similar amenities in the community. It will be located in an area on the property that is already developed for equestrian uses. RHMC Section 17.20.120 requires 22 65277.00010\41031089.2 02/21/23 4 Resolution No. 2023-001 74 Portuguese Bend Road (Wilson) all grading to be balanced on site. Eliminating export complies with the goals of the General Plan by balancing grading on site. The total grading for the stable is 56 cubic yards and covers over 2,000 square feet of surface area. Grading will be balanced on site. B. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. Lot coverage requirements are regarded as maximums, and the actual amount of lot coverage permitted depends upon the existing buildable area of the lot. The development plan substantially preserves the natural and undeveloped state of the lot because minimal grading is required to level the building pad footprint for the stable. The Project site, with the development, will be within the allowed structural coverage (3.5% proposed, 20% maximum permitted), total coverage of the lot (8.25% proposed, 35% maximum permitted). C. The project is harmonious in scale and mass with the site, the natural terrain and surrounding residences. The proposed development, as conditioned, is harmonious in scale and mass with the site. The existing lot disturbance is 21,700 square feet or 13.9%. The proposed increase of disturbance is 810 square feet or 0.5%. The total proposed disturbed area is 22,510 square feet or 14.4%, and this is still below the 40% maximum permitted. The total proposed grading for this project will be minimal and grading will be balanced onsite. Slopes will not be steeper than 2:1 and no cut or fill areas will exceed a height of three feet. The existing stable building pad is already used for equestrian purposes. D. The project preserves and integrates into the site design, to the greatest extent possible, existing topographic features of the site, including surrounding native vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls). There will be no changes to the overall drainage features on the lot. The stable will be located on a graded pad in an area already used for equestrian purposes. Minimal grading will be done to further flatten the pad so the stable is level and native vegetation and mature trees will not be affected. E. Grading has been designed to follow natural contours of the site and to minimize the amount of grading required to create the building area. Grading is minimal and drainage has been designed to flow with the natural contours of the site. Slopes will not exceed 2:1 and cut and fill areas will not have a height greater than three feet. F. Grading will not modify existing drainage channels nor redirect drainage flow, unless such flow is redirected into an existing drainage course. 23 65277.00010\41031089.2 02/21/23 5 Resolution No. 2023-001 74 Portuguese Bend Road (Wilson) No drainage channels will be affected by the proposed grading. G. The project preserves surrounding native vegetation and mature trees and supplements these elements with drought-tolerant landscaping which is compatible with and enhances the rural character of the community, and landscaping provides a buffer or transition area between private and public areas. The surrounding native vegetation and mature trees will not be affected. H. The project is sensitive and not detrimental to the convenient and safe movement of pedestrians and vehicles. There are no changes to the circulation patterns on the site. I. The project conforms to the requirements of the California Environmental Quality Act. This project is also categorically exempt from CEQA pursuant to Section 15301. See Section 4 above. The Project is exempt from the CEQA Guidelines pursuant to Section 15303(e), Class 3 (New Construction or Conversion of Small Structures). Section 7. Approvals. Based upon the foregoing findings, the Planning Commission hereby approves the Site Plan Review and Conditional Use Permit requests in Zoning Case No. 23-001 for: (1) the construction of a new 960-square-foot stable and 480-square-foot covered patio to exceed the maximum allowable 200 square feet; and (2) 56 cubic yards of grading covering a surface area of more than 2,000 square feet. The Planning Commission’s approval of the Site Plan Review and Conditional Use Permit is subject to the following conditions: A. The Site Plan and Conditional Use Permit approvals shall expire within two years from the effective date of approval as defined in RHMC Sections 17.46.080 and 17.42.070 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 24 65277.00010\41031089.2 02/21/23 6 Resolution No. 2023-001 74 Portuguese Bend Road (Wilson) 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, LA County Building Code and of the zone in which the subject property is located must be complied with unless otherwise set forth in the Permit, or shown otherwise on an approved plan. D. The lot shall be developed and maintained in substantial conformance with the site plan on file dated February 21, 2023 except as otherwise provided in these conditions. E. The conditions of approval of the Resolution shall be printed on a separate sheet and included in the building plans submitted to the Building Department for review and shall be kept on site at all time. F. 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 Commission 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. G. 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. H. 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. I. Further, the person obtaining a building 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. 25 65277.00010\41031089.2 02/21/23 7 Resolution No. 2023-001 74 Portuguese Bend Road (Wilson) J. Structural lot coverage shall not exceed 5,489 square feet, or 3.5%. Total flatwork coverage shall not exceed 7,395 square feet or 4.74%.Total lot coverage shall not exceed 12,883 square feet or 8.25%. K. Grading shall not exceed 56 cubic yards and all dirt shall be balanced on site. L. The main building pad coverage shall not exceed 5,584 square feet, or 28.8%. M. The disturbed area of the lot shall not exceed 22,510 square feet or 14.4%. N. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills Municipal Code, any modification to this project or to the property, which would constitute additional structural development, grading, excavation of dirt and any modification including, but not be limited to retaining walls, drainage devices, pad elevation and any other deviation from the approved plan, shall require the filing of a new application for approval by the Planning Commission. O. During construction, conformance with the air quality management district requirements, stormwater pollution prevention practices, county and local ordinances and engineering practices so that people or property are not exposed to undue vehicle trips, noise, dust, and objectionable odors shall be required. P. 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. Q. The Applicant shall be required to conform with the Regional Water Quality Control Board and County Public Works Department Best Management Practices (BMPs) requirements related to solid waste, drainage, cisterns, and storm water drainage facilities management and to the City’s Low Impact development Ordinance (LID), if applicable. Further, the Applicants shall be required to conform to the County Health Department requirements for a septic system. R. 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#FI RE. It is the sole responsibility of the property owner and/or his/her contractor to monitor the red flag warning conditions. Should a red flag warning be declared and if work is to be conducted on the property, the contractor shall have readily available fire distinguisher. S. 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 26 65277.00010\41031089.2 02/21/23 8 Resolution No. 2023-001 74 Portuguese Bend Road (Wilson) 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. T. Until the Applicant execute an Affidavit of Acceptance of all conditions of this approval, the approvals shall not be effective. Such affidavit shall be recorded together with the resolution. U. 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. V. During construction, activities shall conform with air quality management district requirements, stormwater pollution prevention practices, county and local ordinances, and engineering practices so that people and property are not exposed to undue vehicle trips, noise, dust, objectionable odors, landslides, mudflows, erosion, or land subsidence. W. During construction, to the extent feasible, all parking shall take place on the project site, but if necessary, any overflow parking may take place within the nearby roadway easements, without blocking access to and over the common driveway to the residences adjacent thereto. X. The Applicant shall be responsible for keeping the common access roadway in good condition during the entire construction process and shall, at their sole expense, make necessary repairs to the common access roadway should any damage occur during construction of their project. Y. If an above ground drainage design is utilized, it shall be designed in such a manner as not to cross over any equestrian trails. Any drainage system shall not discharge water onto a trail, shall incorporate earth tone colors, including in the design of the dissipater and be screened from any trail and neighbors views to the maximum extent practicable, without impairing the function of the drain system. Z. The project shall be reviewed and approved by the Rolling Hills Community Association Architectural Review Committee prior to the issuance of any permits. AA. The applicant shall comply with the Requirements of the Fire Department for access, water flow and fire fuel modification prior to issuance of the Building permit. BB. Before construction, Applicants shall clear the property of any dead or alive tumbleweed or dead tree, shrub, palm frond or other plant. CC. During construction, the dust disturbance must be minimized at all times. 27 65277.00010\41031089.2 02/21/23 9 Resolution No. 2023-001 74 Portuguese Bend Road (Wilson) DD. Applicants shall indemnify, protect, defend, and hold the City, and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and other such procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the California Environmental Quality Act, the Planning and Zoning Law, the Code of Civil Procedure Sections 1085 or 1094.5, or any other federal, state, or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that applicant shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the applicant of any Action brought and City shall cooperate with applicant in the defense of the Action. PASSED, APPROVED AND ADOPTED THIS 21st DAY OF FEBRUARY 2023. _____________________________________ BRAD CHELF, CHAIRMAN 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 Code of Civil Procedure Section 1094.6. 28 65277.00010\41031089.2 02/21/23 10 Resolution No. 2023-001 74 Portuguese Bend Road (Wilson) STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 2023-001 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR NON-EXEMPT GRADING AND A CONDITIONAL USE PERMIT FOR A PROPOSED 960-SQUARE-FOOT STABLE WITH 480-SQUARE-FOOT COVERED PORCH TO EXCEED THE ALLOWABLE 200-SQUARE-FOOT MAXIMUM LOCATED AT 74 PORTUGUESE BEND ROAD, (LOT 37-FT) (WILSON), AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT was approved and adopted at a regular meeting of the Planning Commission on February 21, 2023 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 29 SCALE: 1" = 40'EARTHWORK ESTIMATE INDEX OF SHEETS OVERALL SITE PLAN 10 10 20 10 74 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 1st Submittal-Dec 27, 2022Bolton Engineering Corp.C i v i l E n g i n e e r i n g & S u r v e y i n g2 5 8 3 4 N a r b o n n e A v e n u e S t e . 2 1 0L o m i t a , C A 9 0 7 1 7P h o n e ( 3 1 0 ) 3 2 5 - 5 5 8 0 F a x ( 3 1 0 ) 3 2 5 - 5 5 8 1C1 74 74 30 SCALE: 1" = 20' PARTIAL TOPOGRAPHIC MAPPING 20 20 40 20 1st Submittal-Dec 27, 2022Bolton Engineering Corp.C i v i l E n g i n e e r i n g & S u r v e y i n g2 5 8 3 4 N a r b o n n e A v e n u e S t e . 2 1 0L o m i t a , C A 9 0 7 1 7P h o n e ( 3 1 0 ) 3 2 5 - 5 5 8 0 F a x ( 3 1 0 ) 3 2 5 - 5 5 8 120 20 40 20 Legend Property Description Basis Of Bearings Benchmark C2 31 SCALE: 1" = 10' SITE PLAN 10 10 20 10 1st Submittal-Dec 27, 2022Bolton Engineering Corp.C i v i l E n g i n e e r i n g & S u r v e y i n g2 5 8 3 4 N a r b o n n e A v e n u e S t e . 2 1 0L o m i t a , C A 9 0 7 1 7P h o n e ( 3 1 0 ) 3 2 5 - 5 5 8 0 F a x ( 3 1 0 ) 3 2 5 - 5 5 8 1SCALE: 1" = 10' SECTION A-A SCALE: 1" = 10' EARTHWORK EXHIBIT C3 BARN FLOORPLAN AND ELEVATION 32 Agenda Item No.: 10.B Mtg. Date: 02/21/2023 TO:HONORABLE CHAIR AND MEMBERS OF THE PLANNING COMMISSION FROM:STEPHANIE GRANT, ASSISTANT PLANNER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT: ZONING CASE NO. 22-81: REQUEST FOR APPROVAL OF A SITE PLAN REVIEW FOR A 912-SQUARE-FOOT SWIMMING POOL/SPA, APPURTENANT STRUCTURES, HARDSCAPE, LANDSCAPE, AND NON-EXEMPT GRADING; CONDITIONAL USE PERMITS FOR THE CONSTRUCTION OF A 714-SQUARE-FOOT MIXED-USE DETACHED GARAGE AND CHICKEN COOP, 3,348-SQUARE-FOOT EQUESTRIAN RIDING ARENA, RELOCATION OF AN EXISITNG DRIVEWAY APRON, RECONSTRUCTED STABLE ON THE SAME FOOTPRINT; AND VARIANCES FOR STRUCTURES TO ENCROACH INTO THE REQUIRED SETBACKS, TO EXCEED THE MAXIMUM 35% LOT COVERAGE, AND TO EXCEED THE 20% FRONT YARD COVERAGE FOR THE DRIVEWAY, LOCATED AT 9 PORTUGUESE BEND ROAD, (LOT 74-RH) (WILLIS), AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT DATE:February 21, 2023 BACKGROUND: Zoning, Location, and Lot Description The property is zoned RAS-1 and has a net lot area of 1.07 acre (46,610 square feet). It is on a corner lot located at the intersection of Portuguese Bend Road and Lower Blackwater Canyon. The property includes a 50-foot wide roadway easement along Portuguese Bend Road and a 30-foot wide roadway easement along Lower Blackwater Canyon Road. The lot is relatively flat and has one building pad. The lot is developed with a 3,809-square-foot main residence, 544-square-foot detached garage, 1,589-square-foot legal non-conforming guesthouse with attached trellis, 1,334-square-foot stable, 690-square-foot pool/spa, 30- square-foot pool equipment, 114-square-foot water feature, 140-square-foot storage sheds, 33 and 200-square-foot service yard. The existing hardscape includes a 1,540-square-foot parking pad that is accessible from two main driveways connecting to Portuguese Bend Road and Lower Blackwater Canyon Road. There is a third driveway on Lower Blackwater Canyon Road that provides access to the stable. Previous Approvals On July 17, 2012, the Planning Commission adopted Resolution No. 2012-14 approving a Variance in Zoning Case No. 819 to permit construction of an addition to encroach into the rear yard setback and to retain a shed in the rear yard setback. There are no records on file of when the house was constructed. However, there are several building permits that date from 1957 to present for improvements, additions, and construction. DISCUSSION: Applicants' Request The overall project includes items not subject to discretionary review that can be approved at the administrative level including: 1. Interior and exterior remodel 2. New 820-square-foot accessory dwelling unit (ADU) 3. Reconfiguration of hardscape and landscape 4. Removal of existing walkways and sheds 5. Garden walls 3 feet less Other items that would typically be approved administratively, but require discretionary review because of size or location, include new fountains, water features, maximum three-foot-high walls, patio, fire pit, and a reconfigured pool deck. Items subject to discretionary review that require Planning Commission approval include: a new mixed use structure that includes a 714-square-foot detached garage with an 84-square- foot chicken coop that will partially encroach into the western side and front setbacks; reconstruction of a 1,334-square-foot stable and loft on the existing footprint; a new 912- square-foot pool/spa to replace the existing pool/spa; a new 3,650-square-foot equestrian riding arena that will partially encroach into the eastern side setback; a 26-foot-wide reconfigured primary driveway; and relocation of a driveway apron, which has already been approved by the Traffic Commission. Site Plan Review for Swimming Pool/Spa 800 square feet or greater The Applicants are proposing to demolish the existing 544-square-foot swimming pool and build a new 912-square-foot pool and spa north of the existing pool, with the spa shifted east of the existing pool footprint. Rolling Hills Municipal Code requires a Site Plan Review for the construction of a swimming pool and spa 800 square feet or greater. The 3,190-square-foot pool deck will be decreased by 900 square feet; the new pool deck will be 2,290 square feet. Site Plan Review for Non-Exempt Grading for Riding Arena The Applicants are requesting a Site Plan Review for the grading of a new 3,650-square-foot equestrian riding arena (93 feet long by 36 feet wide). The proposed location of the riding arena is along the eastern property line and will encroach 20 feet into the required 20-foot side 34 yard setback. The Applicants are requesting a Variance to encroach into the side yard setback. RHMC Section 17.46.010.A.1. requires a Site Plan Review for non-exempt grading. The Applicants are proposing a total of 265 cubic yards of cut. The 177 cubic yards of cut for the swimming pool is exempt from grading calculation if exported. The project includes 88 cubic yards of cut at 1.4-foot depth in the northern portion of the arena. The 88 cubic yards (non-exempt) of cut and 177 cubic yards (exempt) for the swimming pool will be used to fill the southern portion of the arena. Although, 177 cubic yards of cut from the pool is exempt for export, the Applicants are proposing to use the cut from the pool to fill the arena, which requires a Site Plan Review. The fill is included in the grading calculations. OVERALL SITE GRADING Cut (C.Y.) Swimming Pool 177 Cut (C.Y.) North Arena 88 Fill (C.Y.) South Arena 177 Fill (C.Y.) South Arena 265 Total Grading (C.Y.)530 Conditional Use Permit for Stable to Exceed Maximum 200 Square Feet The Applicants are proposing to demolish an existing 1,334-square-foot stable and reconstruct a new 1,870-square-foot stable on the same footprint. The reconstructed stable encroaches 20 feet into the required 20-foot side yard setback. Conditional Use Permit for the Relocation of an Existing Driveway Apron There are a total of three existing driveway aprons on the property. The main driveway (1st Driveway) is located ten feet from the property line and fronts onto Portuguese Bend Road. The second driveway apron (2nd Driveway) is located at the corner intersection of Portuguese Bend Road and Lower Upper Blackwater Canyon Road. The third driveway apron (3rd Driveway) fronts onto Lower Blackwater Canyon Road and is used for stable access. The Applicants are requesting a Conditional Use Permit for the relocation of the 2 nd Driveway apron. The relocation of the proposed driveway is a safer location for the Applicants because it is shifted farther from the intersection. The relocation of the 2nd Driveway was approved by the Traffic Commission on November 11, 2022. Conditional Use Permit for a Mixed-Use Structure The Applicants are requesting a Conditional Use Permit (CUP) for the new garage which connects to a new 84-square-foot chicken coop. The chicken coop will result in the two structures having a shared wall and thus, requires a Conditional Use Permit approval for the proposed mixed-use structure. Applicants are also requesting a Variance for the mixed-use structure to encroach into the side yard and front yard setbacks. The chicken coop is more than 35 feet from any habitable structures. Variances Variance for Structures to Encroach into the Required Setbacks and Front Yard 35 The Applicants are requesting several Variances for the proposed structures to encroach into the required setbacks. Variances are needed for the proposed mixed-use structure, new patio, new fire pit, new water fountain, portion of the reconstructed stable, new bin enclosure, portion of the arena, and portion of the reconfigured new driveway to encroach into the required setbacks. A table is attached that summarizes the compliance with the development standards. Variance for Proposed Driveway to exceed 20% Front Yard Setback and Area The new driveway will cover 61.9% of the front setback area and a Variance is required to exceed the required 20% maximum. The proposed driveway will be located along the southeastern portion of the property. The new driveway will be 26 feet wide and over 200 feet long. It will be located along the fence that fronts Portuguese Bend Road. The project also includes a motor court located north of the new garage. There will be an ADU parking space next to the new garage. The existing landscape along the southeastern portion will be removed and replaced with the new driveway. The Planning Commission should consider keeping the existing landscape and redesigning the proposed driveway to be screened by landscaping. RHMC Section 17.16.160.A.2 states no driveways shall exceed 20 feet in width, unless approved by the Planning Commission. MUNICIPAL CODE COMPLIANCE MUNICIPAL CODE COMPLIANCE Lot Coverage The proposed structural coverage on the lot will be 9,398 square feet, or 20.1% (with deductions) of the lot, which is more than the lot coverage limitation of 20% maximum. The proposed total coverage including structures and flatwork will be 17,373 square feet or 37.3% of the lot area, which is more than the lot coverage limitation of 35% maximum. The total existing structural and flatwork is 22,510 square feet or 48.3 percent (with deductions). However, the project will decrease the total structural and flatwork by 5,137 square feet or 11% (with deductions). Area of Disturbance The project site is 100% disturbed. Access to Stable The northwestern portion of the lot has been developed for equestrian uses. There is an existing 896-square-foot paddock, 1,334-square-foot stable, and a driveway that is accessible from Lower Black Water Canyon Road. The project will reconfigure the existing driveway access by removing the existing pavers and replacing with gravel. Access will be provided to the new riding arena. The existing 1,334-square-foot stable will be demolished and reconstructed with a new stable on the existing footprint. Landscaping There is existing landscaping throughout the property, including along the roadways which 36 helps screen the residence for privacy. The Conceptual Landscape Plan has been reviewed by the City’s landscape consultant. However, the Planning Commission should consider leaving the existing landscaping so that privacy is maintained and the driveway and structures are screened. Walls The maximum height of all proposed walls will not exceed 3 feet. Issues of Concern Mixed Use Structure : The proposed mixed-use structure is for a detached garage connected to a chicken coop. The structure requires a variance for encroachment into the front and side yard setbacks. The existing garage, which is located in the side yard setback and along the side property line, will be demolished and the new garage will be located 10 feet from the side property line and 40 feet from the front roadway easement. The chicken coop attached to the southern portion of the garage will encroach entirely into the 10-foot side easement. Since the structure requires variances to encroach into the front and side yard setbacks, staff does not recommend a mixed use structure with a chicken coop should be approved. There are better locations on the property to put the chicken coop. Ideally, the chicken coop should be located near the stable and proposed riding ring arena on the northern portion of the property so animal-keeping activities are in close proximity. Staff does not recommend approval of the chicken coop in the proposed location and has included a condition of approval in the resolution indicating it is must be relocated. Main Driveway: The main driveway is proposed to be relocated next to the front fence along Portuguese Bend Road. The Traffic Commission has already reviewed and approved the driveway apron on Lower Blackwater Canyon Road which will be moved away from the street intersection. However, the rest of the driveway and parking pad will be in the front yard setback comprising 61.9% of the front yard setback. Pursuant to RHMC Section 17.16.150(B-C), driveways shall not cover more than 20% of the area of the setback in which they are located, and uncovered parking areas shall not exceed 10% of the area of the setback in which they are located and no closer than 30 feet from any roadway easement. As such, variances are required for the proposed driveway and parking area. Furthermore, pursuant to RHMC Section 17.16.160.A.2, driveways shall be no wider than 20’ unless approved by the Planning Commission. It is staff’s opinion that the driveway can be reoriented to be similar to the existing and reduced in width to no more than 20 feet. This will move most of the driveway outside of the front yard setback and reduce the amount of pavement, which will also meet stormwater requirements. A condition of approval has been included to reduce the width and relocated the driveway away from the front fence. The area between the driveway and front fence will need to be landscaped. Stable and Loft : The stable is being proposed to be demolished and rebuilt on the same footprint. The existing stable does not have a loft and is located in the required side yard setback making it legal nonconforming. Although the rebuilt stable will be on the same footprint, it adds a 540-square- foot loft that does not currently exist, and increases the stable height up to 21'5". Pursuant to RHMC Section 17.24.030(B), "Nonconforming uses may be continued, provided that such use 37 is not expanded or extended into any other portion of the building it occupies, nor any structural alterations to the building are made, except those required by law." Technically, the use as a stable remains the same and is not being expanded or extended; it will still be used for equestrian purposes. Additionally, the stable will not be expanded beyond its existing footprint. However, the addition of a loft and the increased height will make the stable appear larger. It is the Commission's discretion to determine if the reconstructed stable is allowed. The project does include a variance request to encroach into the required setbacks should the Commission determine the stable to be expanded or extended. If the Commission supports the proposal to reconstruct the stable, the design of the stable will still have to be modified to meet the requirements for window openings and plate height. According to RHMC Section 17.18.060.E.4-5, glazed/glass window openings are not allowed for a loft used to store hay, and the plate height for the wall of the loft shall be no greater than 7 feet. The plans currently show window openings for the loft and a plate height of 8.5 feet. In checking with the Rolling Hills Community Association (RHCA), their Architectural Committee may also have an issue with the design and plate height. However, it should be noted that t he applicants' intent is to improve the function, use, and appearance of the stable. Environmental Review The proposed project has been determined not to have a significant effect on the environment and is categorically exempt from the provisions of CEQA pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, which exempts accessory structures including garages, carports, patios, swimming pools, and fences. FISCAL IMPACT: None. RECOMMENDATION: Open the public hearing, receive public testimony, discuss the project, provide direction to staff, and continue the public hearing to the next regularly scheduled Planning Commission meeting on March 21, 2023. ATTACHMENTS: 1. Development Table 2. Development Plans 3. Project Summary Table 4. Radius Map 5. Photos 6. Traffic Commission Staff Report November 10, 2022 7. Traffic Engineer Report 8. Existing Driveway Plan 9. Proposed Driveway Diagram 38 Development Table Zoning Case No. 22-81 9 Portuguese Bend Road Site Plan Review, Conditional Use Permit and Variance EXISTING PROPOSED TOTAL RA-S-1 Zone SINGLE FAMILY RESIDENCE, DETACHED GARAGE GUEST HOUSE, STABLE, POOL/SPA, WATER FEATURE, COVERED PORCHES, TRELLISES, & SERVICE YARD 521 ADDITION TO MAIN HOUSE, NEW DETACHED GARAGE, RECONTRUCT EXISTING STABLE ON SAME FOOTPRINT, NEW POOL/SPA, NEW ATTACHED COVERED PORCHES, NEW RIDING RING, NEW DRIVWAY, RELOCATED DRIVEWAY APRON, Gross 55,610 SF 55,610 SF Net Lot Area 46,610 46,610 SF Residence 3,809 SF 521 SF 4,330 SF Garage 544 SF 170 SF 714 SF Swimming Pools/Spa 690 SF 222 SF 912 SF Pool Equipment 30 SF 0 SF 30 SF Guest House 1,589 SF 0 SF 1,589 SF ADU 0 SF 820 SF 820 SF Stable minimum: 450 SF Corral minimum: 550SF 1,334 SF 896 SF 0 SF 1,334 SF 869 SF New Planter Box 0 SF 0 SF 0 SF Recreation Court 0 SF 0 SF 0 SF Attached Covered Porches 0 SF 677 SF 677 SF Detached Sheds SF 0 SF SF Attached Trellis @ Guest House 320 SF 0 SF 320 SF Water features 114 SF -22 SF 92 SF Service Yard 200 SF 0 SF 200 SF Basement Area 0 SF 0 SF 0 SF Primary Driveway 3,720 SF 3,462 SF 7,182 SF Paved walkways 6,321 SF 421 SF (new stairs)6,742 SF Patios 1,860 SF -1,010 SF 850 SF Stable Area 3,800 SF -2,750 SF 1,050 SF Pool Deck 3,190 SF -900 SF 2,290 SF Parking Pads 1,540 SF -1,540 0 SF Grading (not balanced onsite)--530 CY total 265 CY cut 265 CY fill 530 CY Total Structural Lot Coverage (20% max) 8,330 SF (17.8%)1,088 SF (2.3%)12,097 SF (25.9%) Flatwork Lot Coverage 16,960 SF (36.4 %)-3,295 SF (-10.4 %)19,162 SF (13.7%) Total Lot Coverage (Structures and Flatwork) (35% max & with deductions 25,590 SF (54.2%)-3,775 SF (-8.1%)21,495 SF (46.1%) Total Disturbed Area (40% maximum) 55,610 SF (100%)0 SF (0%)55,610 (100%)39 40 41 42 43 44 45 46 47 48 49 9 Portuguese Bend Road (Zoning Case No. 22-81) 9 Portuguese Bend Road (Zoning Case No. 22-81) PROPOSED PROJECT SUMMARY TABLE PROPOSED DESCRIPTION TYPE OF APPLICATION REQURIES ADMINSTRATIVE APPROVAL (STAFF APPROVAL) REQUIRES DISCRETIONARY APPROVAL (PLANNING COMMISSION APPROVAL) Accessory Dwelling Unit (ADU) 820 SF ADU AA Yes No Interior & Exterior Remodel Remodel of the exterior and interior of residence. AA Yes No Demolition of an existing 512 SF swimming pool spa New 912 SF Swimming Pool Spa Site Plan Review is required for swimming pool 800 SF or greater. SPR No Yes Removal and reconfiguration of walkways and hardscape Removal of -4,863 SF AA Yes No 120 SF addition The proposed addition is located at the north of the house. The addition encroaches into the rear yard setback. Variance. required. VAR No Yes 230 SF addition The proposed addition is located at the east side of house. It encroaches into the rear setback. VAR Yes 50 9 Portuguese Bend Road (Zoning Case No. 22-81) 208 SF addition The proposed addition is located at east side of the house. AA Yes No 53 SF addition The proposed addition located at the south side of house at the front door. AA Yes No New Patio The new patio encroaches into the rear and west side setback. Variance required. VAR No Yes New BBQ The new patio encroaches into the rear and west side setback. Variance required. VAR No Yes 84 SF Chicken Coop Encroaches into the west side setback and easement and variance is required. It will require RHCA approval because it encroached into the easement. VAR &CUP No Yes Mixed Use Structure Chicken coop will be attached to new garage. A variance is required for mixed-use structure encroach into the front and west side setbacks. CUP required for mixed-use. VAR & CUP No Yes Demolish an Encroaches into VAR & CUP No Yes 51 9 Portuguese Bend Road (Zoning Case No. 22-81) existing 544 existing detached garage. Relocate and reconstruct new 712 SF detached garage the front and west side setback. Requests for Variance to encroach into setbacks. Request for CUP for detached structure Demolish existing 1,334 square foot stable and reconstruct new stable with loft on same footprint Encroaches into rear and east side setbacks. Variances are required to encroach into rear and east side setback. A CUP is required to exceed the 200 SF maximum allowable stable size VAR & CUP No Yes New Equestrian Arena Variances are required to encroach into the east side setback. A SPR grading permit is required for grading. VAR & CUP No Yes Reconfigured and relocated new driveway The new (26 FT wide by 211 FT long) driveway requires a variance to encroach into the front yard. A variance to exceed the 20% maximum front yard area. VAR No Yes New garden wall at main entry walkway The new garden wall is less than 3 feet high AA Yes No 52 9 Portuguese Bend Road (Zoning Case No. 22-81) New garden wall located west of the arena The new garden wall is less than 3 feet high AA Yes No New terrace The new terrace is located at the south of the ADU AA Yes No New pool equipment New 30 SF pool equipment located on the southeast of ADU AA Yes No Relocation of existing 2nd Driveway The existing driveway at the intersection will be shifted north of exiting location. The relocation was approved by the Traffic Commission. A CUP is required for more than one driveway. CUP No Yes Variance VAR Site Plan Review SPR Conditional Use Permit CUP Administrative Review AA 53 City of Rolling Hills 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 TITLE VICINITY MAP CASE NO. Zoning Case No. 22-81 Site Plan Review, Conditional Use Permit, and Variance OWNER Gregory and Melissa Willis ADDRESS 9 Portuguese Bend Road, Rolling Hills, CA 90274 54 55 56 57 58 59 60 61 62 63 Memorandum TO: Elaine Jeng, PE, City Manager FROM: Vanessa Munoz, PE, TE City Traffic Engineer DATE: November 3, 2022 SUBJECT: 9 Portuguese Bend Road Driveway This memorandum is in response to the request by the city to review and provide input on the proposed driveway relocation by the residents of 9 Portuguese Bend Road. The proposed driveway will be shifted northwest from the existing location (intersection of Portuguese Bend Road and Blackwater Canyon Road, see picture) to Blackwater Canyon Road. The proposed driveway will have a 17-foot driveway aisle with a 29-foot driveway apron. On Tuesday November 1, 2022, a field visit was made to the location to assess the proposed driveway location and width. Based on the field observations and engineering judgement, the proposed driveway location is an improvement from the existing driveway location and provides greater visibility, but the proposed location is not ideal as it is only 30 feet away from the intersection. I would recommend the driveway be relocated north an additional 10 to 20- feet. However, if not feasible to relocate the driveway the additional distance, the proposed location is acceptable. 64 65 66