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CL_AGN_221220_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, December 20, 2022 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 DECEMBER 20, 2022 RECOMMENDATION: Approve as presented. 7.B.CONTINUATION OF REMOTE CITY COUNCIL AND COMMISSION MEETINGS DURING THE MONTH OF DECEMBER, 2022 PURSUANT TO THE REQUIREMENTS OF AB 361. RECOMMENDATION: Approve as presented. 7.C.APPROVE THE MINUTES FOR THE NOVEMBER 15, 2022, PLANNING COMMISSION REGULAR MEETING 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. 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, 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 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. 2022- 16 approving the project as presented. CL_AGN_221220_PC_AffidavitofPosting.pdf CL_MIN_221115_PC_F.pdf Development Table Development Plans Slope Analysis Conceptual Landscape Plan.pdf Proximity Map.pdf Picture of Proposed Tennis Court Location 2 11.OLD BUSINESS 12.NEW BUSINESS 13.SCHEDULE FIELD TRIPS 14.ITEMS FROM STAFF 14.A.DIRECTOR'S REPORT RECOMMENDATION: Receive and file. 15.ITEMS FROM THE PLANNING COMMISSION 16.ADJOURNMENT Next meeting: Tuesday, January 17, 2023 at 6:30 p.m. via teleconference. Existing Site Photos Received 9/15/22 Letter from Wendi Russell_9 Upper Blackwater Canyon Road Received 10/11/22 Letter from Murry Smith_.10 Upper Blackwater Canyon road Received 12/6/22 Addended Letter from Wendi Russell_.pdf Received 12/12/22 Email from Murry Smith_.pdf Resolution No. 2022-16_12 Upper Blackwater Canyon Road PL_GPN_HSG_221123_HCD_ComplianceLetter.pdf CL_PBN_221215_NOI_Mailing_InitialStudyMitigatedNegDec.pdf SBCCOG Housing Education Forum - Housing Markets.pdf 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: 12/20/2022 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 DECEMBER 20, 2022 DATE:December 20, 2022 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Approve as presented. ATTACHMENTS: CL_AGN_221220_PC_AffidavitofPosting.pdf 4 Administrative Report 7.A., File # 1599 Meeting Date: 12/20/2022 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 DECEMBER 20 , 2022 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: December 16, 2022 5 Agenda Item No.: 7.B Mtg. Date: 12/20/2022 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 DECEMBER, 2022 PURSUANT TO THE REQUIREMENTS OF AB 361. DATE:December 20, 2022 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: 12/20/2022 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 NOVEM BER 15, 2022, PLANNING COMMISSION REGULAR MEETING DATE:December 20, 2022 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Approve as presented. ATTACHMENTS: CL_MIN_221115_PC_F.pdf 8 MINUTES – PLANNING COMMISSION MEETING Tuesday, November 15 , 2022 Page 1 Minutes Rolling Hills Planning Commission Tuesday, November 15, 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 6:30 p.m. 2. ROLL CALL Commissioners Present: Cooley, Douglass, Vice Chair Kirkpatrick, Chair Chelf Commissioners Absent: None Staff Present: John Signo, Planning & Community Services Director Stephanie Grant, Assistant Planner Ryan Stager, Assistant City Attorney 3. PLEDGE OF ALLEGIANCE Stephanie Grant, Assistant Planner, led the Pledge of Allegiance. 4. APPROVE ORDER OF THE AGENDA Motion by Commissioner Cooley, seconded by Vice Chair Kirkpatrick, to approve as is. Motion carried unanimously with the following roll call vote: AYES: Cardenas, Cooley, Douglass, Kirkpatrick, Chair Chelf NOES: None ABSENT: None 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 NOVEMBER 15, 2022 7.B. CONTINUATION OF REMOTE CITY COUNCIL AND COMMISSION MEETINGS DURING THE MONTH OF NOVEMBER, 2022 PURSUANT TO THE REQUIREMENTS OF AB 361. 7.C. APPROVE THE MINUTES FOR THE OCTOBER 18 , 2022, PLANNING COMMISSION REGULAR MEETING Motion by Vice Chair Kirkpatrick, seconded by Commissioner Douglass, to approve Items 7A, 7B, and 7C. Commissioner Cardenas abstained because he was not present at the October 18, 2022 Planning Commission meeting under Item 7C. Motion carried unanimously with the following roll call vote: 9 MINUTES – PLANNING COMMISSION MEETING Tuesday, November 15 , 2022 Page 2 AYES: Cooley, Douglass, Kirkpatrick, Chair Chelf NOES: None ABSENT: None ABSTAIN: Cardenas 8. EXCLUDED CONSENT CALENDAR ITEMS – NONE 9. PUBLIC HEARINGS ON ITEMS CONTINUED FROM PREVIOUS MEETINGS – NONE 10. NEW PUBLIC HEARINGS 10.A. RESOLUTION RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING CHAPTER 17.28 OF THE ROLLING HILLS MUNICIPAL CODE REGARDING ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA Presentation by Director John Signo. There were no comments or questions from the Commissioners. Chair Chelf opened the public hearing for comments but there were no speakers. Staff did not receive any concerns or feedback before the meeting. Motion by Commissioner Cardenas, seconded by Vice Chair Kirkpatrick, to adopt Resolution No. 2022-20 as written. 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 12.A. UPCOMING PLANNING COMMISSION MEETINGS AND CONSIDERATION TO GO BACK TO IN- PERSON MEETINGS Mr. Signo presented the 2023 Planning Commission schedule and suggested a replacement date for the upcoming December meeting. The Commission confirmed the next meeting date will remain on Tuesday, December 20, 2022. Commissioner Cooley indicated she will be out of town from December 6th -14th. Mr. Signo discussed the possibility of going back to in-person meetings. Commissioners discussed and considered the issue. Assistant City Attorney Ryan Stager provided insight on State law in regards to remote and hybrid meetings. Updates will be provided as needed. No action was taken by the Commission. 13. SCHEDULED FIELD TRIPS 10 MINUTES – PLANNING COMMISSION MEETING Tuesday, November 15 , 2022 Page 3 The next scheduled field trip will be located at 12 Upper Blackwater Canyon Road on Tuesday, December 20, 2022 at 7:30 a.m. 14. ITEMS FROM STAFF Mr. Signo indicated the Housing Element is being reviewed by HCD. Housing Consultant Barry Miller was contacted by HCD this week and Mr. Signo and Mr. Miller will be working with HCD to clarify issues. 15. ITEMS FROM THE PLANNING COMMISSION – NONE Vice Chair Kirkpatrick asked Assistant City Attorney Stager about challenges to the Governor’s zoning laws. Mr. Stager indicated he could research the issues and provide a report to the Commission at the next meeting. 16. ADJOURNMENT: 6:52 P.M. The meeting was adjourned at 6:52 p.m. to a field trip of the Planning Commission scheduled to be held on Tuesday, December 20, 2022 beginning at 7:30 a.m. at 12 Upper Blackwater Canyon Road. Respectfully submitted, ____________________________________ Christian Horvath, City Clerk Approved, ____________________________________ Brad Chelf, Chair 11 Agenda Item No.: 10.A Mtg. Date: 12/20/2022 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. 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, 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 DATE:December 20, 2022 BACKGROUND: The applicant, Brian Kim, submitted applications for Zoning Case No. 21-17 on December 15, 2021, for the construction of a new 7,088 square foot tennis court. The project requires a Site Plan Review, Conditional Use Permit, and Variance applications. Past Project Approvals The existing main residence and guesthouse were built in 1967. On May 21, 1968, the Planning Commission approved a Variance for an existing structure to be remodeled into servants’ quarters. On October 17, 2000, the Planning Commission approved a Variance for an illegally constructed deck located at 10 Upper Blackwater Canyon Road to encroach into 12 the front yard setback of 12 Upper Blackwater Canyon Road. On October 17, 2000, the Planning Commission approved a Site Plan Review for a major remodel and addition to the single-family residence. Project Background The project was originally scheduled for a field trip public hearing on September 20, 2022, but the project was not staked and silhouetted in time, and thus, the field trip had to be cancelled. The evening meeting did proceed and the Planning Commission continued the item to the next meeting on October 18, 2022. However, the applicant was not able to have the site staked and silhouetted in time for the October 18, 2022 field trip and evening Planning Commission meeting so the item was pulled from the agenda. On November 11, 2022, the applicant informed staff that the site had finally been staked and silhouetted. Staff conducted a site visit on November 16, 2022, to confirm. The project was re- noticed for the December 20, 2022 morning field trip and evening Planning Commission meeting. On December 8, 2022, the applicants and owners within 1,000 foot radius of the Property were notified of the December 20, 2022 public hearings by first class mail and a notice was published in the Daily Breeze. Zoning, Location, and Lot Description The Property is zoned RAS-2. The gross lot area is 198,198 square feet (4.6 acres) and net lot area is 139,420 square feet (3.2 acres) in size. The Property includes one main 52,924 square foot building pad that slopes down, and consists of 5 terraced levels. The first level has an existing legal non-conforming 2,072-square-foot guesthouse with a 751-square-foot detached garage. The second level (main residential level) is developed with a 10,543-square- foot single-family residence and attached garage. The third level has a 782-square-foot pool (1st pool). The fourth level has a 160-square-foot pool (2 nd pool), water fountain, and covered patio. The fifth level, is where the future 1,000 square foot stable and corral set aside will be located. The Applicant is proposing to grade and level the northwest corner of parcel and develop it into a recreational building pad (Pad #2). There is an existing ground pathway that starts at the west portion of the main residence, and extends around the perimeter to the rear of the property. There is also an access gate located at the northwest corner of the existing fence that is accessible from Upper Blackwater Canyon Road. The main residence and guesthouse are accessible by a driveway entrance off Upper Blackwater Canyon Road. The main residence is orientated to where the back yard fronts onto Upper Blackwater Canyon Road. The main residence and guesthouse are located on the southern portion of the lot, whereas the proposed tennis court and planter will be located on the northwest portion of the lot. The parcel is an irregular shaped lot and the existing topography of the project site slopes down approximately 78 feet from top elevation of the guesthouse to the lowest portion of the lot where the proposed tennis court will be located. There is a Rolling Hills Community Association (RHCA) Bridal Trail located to the north and south of the parcel. Along the east portion of the parcel, there is a restricted area and flood hazard area, in addition to a bridle trail. The northeast portion of the lot contains a steep slope that is greater than 2:1, so the undeveloped areas for buildable space is limited. As such, the best location for the proposed tennis court is in the northwest corner of the sloped parcel. The proposed location is ideal for the new tennis court because it is undeveloped and will only require the removal of one tree. 13 However, grading is required to level and flatten the recreational building pad. DISCUSSION: Applicant Request The applicant proposes to construct a new tennis court (7,088 square feet) with a maximum 10-foot-high fence in the front yard and front setback. The project also includes a new “Permavoid” planter box (362 square feet) along the northwest side of the tennis court and new concrete stairs (421 square feet) that will lead down to the tennis court from the main residence pad. The proposed tennis court is 120 feet in length and 60 feet in width. Site Plan Review As per Rolling Hills Municipal Code Section 17.46.020.A.2.a, a Site Plan Review (SPR) is required for grading. The Applicant is proposing to grade and flatten the third building pad for recreational use. The proposed 7,088-square-foot tennis court, 362-square-foot planter, and 421 square feet of concrete stairs will require 4,030 cubic yards (CY) of grading: 1,925 CY of cut, 1,050 CY over excavation, 1,050 CY recompaction, and 5 CY of fill. The grading for the proposed project will not be balanced on site and will require export of 1,920 CY (see Development Plans, Attachment No. 2). Conditional Use Permit As per Rolling Hills Municipal Code Section 17.16.210 a Conditional Use Permit is required for construction of a new 7,088-square-foot sports court . Variances Rolling Hills Municipal Code (RHMC) Section 17.16.210(A)(7)(b) states a game court shall not be located in the front yard or any setback; RHMC Section 17.16.210(A)(7)(c) states a game court shall not be located within 50 feet of any paved road; RHMC Section 17.16.210.(A)(7)(h) states when grading is required for a game court, grading shall be balanced on site and shall not exceed 750 CY; RHMC Section 17.16.210(A)(7)(i) states when grading is required for a game court, cutting and filling shall be balanced on site and shall not exceed 10,000 square feet of surface area; and RHMC Section 17.16.070(B) states the maximum disturbed area shall be limited to 40 percent of the net lot area. The west portion of the tennis court requires variances for the encroachment into the front yard area, front setback, and within 50 feet of a paved road. The RHMC Section 17.16.210(A)(7)(b) states a game court shall not be located in the front yard or any setback. The lot size, configuration, easements, setbacks, RHCA Bridle Trail, slopes, restricted areas and together with the existing developments on the lot creates a difficulty in locating the tennis court elsewhere on the property. Therefore, the proposed location is the best to accommodate the sports court, but it has to encroach into the front yard and into the front yard setback by 29 feet. The applicant is requesting relief from the Municipal Code to encroach in the front yard area and front setback. RHMC Section 17.16.210(A)(7)(c) states a game court shall not be located within 50 feet of any paved road. The west side of the tennis court will encroach 13 feet into the paved road 14 along Upper Blackwater Canyon Road. The Applicant is requesting a Variance to encroach 13 feet into the paved road. RHMC Section 17.16.210.(A)(7)(h) states when grading is required for a game court, cutting landfilling shall be balanced on site and shall not exceed 750 CY. The Applicant is proposing to develop the northwest portion of the lot into a building pad (Pad #2) for recreational use. In order to construct the tennis court, planter, and stairs, a total of 4,030 CY will be required for grading. This exceeds the maximum allowable of 750 CY. The Applicant is proposing a total of 4,030 CY, which is an excess of 3,280 CY. In addition, the Municipal Code requires that all dirt be balanced onsite. If the dirt is balanced onsite, then it would cause a significant change to the current terrain and natural contours of the existing slopes. The Applicant is requesting Variances to exceed the maximum required grading quantities to 4,030 CY and export 1,920 CY. RHCA Section 17.16.210(A)(7)(i) states when grading is required for a game court, cutting and filling shall be balanced on site and shall not exceed 10,000 SF of surface area. The Applicant is proposing a total of 13,360 SF of grading area, which exceeds the limit by 3,360 SF. RHMC Section 17.16.070 (B) states the maximum disturbed area shall be limited to 40% of the net lot area. The existing disturbed area is 38%, and the Project proposes up to 47.8%, which exceeds the maximum by 7.8%. The applicant is requesting a Variance to exceed the maximum allowable disturbance up to 47.8%. A small portion of the new tennis court will be located within 50 feet of a paved road. Grading for the proposed project includes a total of 4,030 CY: 1,925 CY of cut, 1,050 CY recompaction, 1,050 CY over excavation, and 5 CY of fill. The grading will not be balanced on site. A total of 1,920 CY will be exported for the tennis court and 5 cy of fill will be placed in the area of the new stairs that will lead to the tennis court. The graded area for the project will be a total of 13,360 square feet; 10,000 square feet maximum is allowed. MUNICIPAL CODE COMPLIANCE Lot and Building Pad Coverage The net lot area is 139,420 square feet. The structural coverage is as follows; the upper pad is developed with a single residence and two swimming pools that cover 14,476 square feet or 10.4%, and the lower pad with the proposed tennis court will cover 7,450 square feet or 5.1%. The total structural coverage for the entire lot will be 21,664 square feet or 15.5 % (20% maximum permitted). The proposed flatwork is as follows; upper pad with the existing driveway and paved walkways includes 18,741 square feet or 13.4%, and the proposed flatwork for the recreational pad will be 421 square feet or 5.4%. The total flatwork for the entire lot will be 19,162 square feet or 13.7% (15% maximum permitted) The total lot coverage (structures and flatworks) is as follows; the upper pad with the residence and guest house is 33,217 square feet or 23.8%, and the lower pad that will be developed with a tennis court will be 7,509 square feet or 5.4%. The lot coverage for the entire site will be 40,726 square feet or 29.2% in conformance with lot coverage limitations (35% maximum permitted). The total disturbed area for the lot will be 65,996 square feet or 47.3% of the lot (40% 15 maximum permitted) (See Development Table, Attachment No. 1). Tennis Court and Planter Table 1. Setbacks RAS-2 Setbacks RMHC Section 17.16.110 – 17.16.130 Required Proposed Complies with Code Requirements Paved road setback (west elevation)50 Feet 13 Feet No. The tennis court will encroach 13 feet into the required paved road setback Front setback (west elevation)50 Feet 29 Feet No. The tennis court encroaches 29 feet into the required front setback. Side yard (north elevation)35 Feet 37 Feet Y e s . The tennis court exceeds the minimum required side yard setback on the north elevation by 2 feet Rear yard (East Elevation)50 Feet 145 Feet Yes. The tennis court exceeds the minimum required rear yard setback Views The views from the front yard and road of the main residence include views of neighboring lots. Locating the tennis court and planter wall on a lower pad elevation, behind the residence and incorporation of landscaping will reduce the visibility of the tennis court. The distances from the adjacent surrounding properties are listed on the Table 2 below: Table 2. Distances Residence Address Distance of residence from Proposed Tennis Court 9 Upper Blackwater Canyon Main Residence 160 FT 10 Upper Blackwater Canyon Main Residence 117 FT 4 Pine Tree Lane Guest House 260 FT Landscaping The project proposes 4,890 square feet new landscaping including groundcover, grasses, and the following types of large shrubs: Fremontodendren ‘California Glory’ 15 to-20 feet in height Ligustrum japonicum ‘Texanum’ 6 to 8 feet in height and Rhus integrifola – 3 to 10 feet in height (See Conceptual Landscape Plans, Attachment No. 4). Environmental Review The proposed project has been determined to not have a significant effect on the environment and is categorically exempt from the provisions of CEQA pursuant to Section 15303 (New 16 Construction or Conversion of Small Structures) of the CEQA Guidelines, which exempts a tennis court. Stable set-aside A set aside area of 1,000 square feet is identified on the second building pad (Pad #2). Rolling Hills Community Association Review Rolling Hills Community Association will review this project at a later date. Residents' Tennis Courts Table 3. List of Properties in the City with Tennis Courts in front yard area Addresses Encroach Front Setback Encroach Front Yard Area Encroach within 50 feet of paved road 35 Saddleback Road Yes Yes Yes 92 Saddleback Road Yes Yes No 1 Pine Tree Lane Yes Yes No 19 Eastfield Drive Yes Yes Yes 1 Hummingbird Lane No No Yes PUBLIC PARTICIPATION On September 12, 2022, Mr. Dave Breiholz, the resident at 6 Upper Blackwater Canyon Road located northwest of the subject property, expressed his concerns regarding the non- compliance with the zoning code and excessive variances. He came into City Hall to review the plans. He was concerned about the proposed project impacting the views on Upper Blackwater Canyon Road. He also said that the proposed project was massive for the parcel. On September 12, 2022, Mr. Murray Smith, the resident at 10 Upper Blackwater Canyon Road. His property is adjacent to the north of subject property. He came into City Hall to review the plans. He expressed his concerns that the tennis court visible from driving down the street on Upper Blackwater Canyon Road. He also requested the tennis court to be located 30 feet south of the proposed location. On September 12, 2022, Ms. Valerie Cox, the resident at 14 Upper Blackwater Canyon Road south of the subject property, called to inquire about the project. Staff informed her that the tennis court will be on the northwestern side of the property farthest from her home. On September 15, 2022, Ms. Wendi Russel, the resident at 9 Upper Blackwater Canyon Road located northwest of the subject property, expressed concerns regarding the proposed location and height of the tennis court may negatively impact her views. She came into City Hall to review the plans. Please see her attached letter. On September 20, 2022, at the evening Planning Commission meeting, Ms. Russell and her attorney expressed their concerns for the proposed project during the public participation. On October 11, 2022, Mr. Murray Smith, the resident at 10 Upper Blackwater Canyon Road, came into City Hall to drop off his letter regarding noise abatement (please see attached). 17 On December 6, 2022, Ms. Wendi Russel sent an addended letter expressing all of her concerns regarding the tennis court. Please see her attached letter. On December 12, 2022, Mr. Murray Smith, also sent an email regarding sound abatement and prohibiting Pickle Ball (please see the attached email) SITE PLAN REVIEW CRITERIA Section 17.46.010 Purpose. The site plan review process is established to provide discretionary review of certain development projects in the City for the purposes of ensuring that the proposed project is consistent with the City's General Plan; incorporates environmentally and aesthetically sensitive grading practices; preserves existing mature vegetation; is compatible and consistent with the scale, massing and development pattern in the immediate project vicinity; and otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills. Section 17.46.50 Required findings. 1. The Commission shall be required to make findings in acting to approve, conditionally approve, or deny a site plan review 2. 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: 3. 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 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; 4. The project is harmonious in scale and mass with the site, the natural terrain and surrounding residences; 5. 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); 6. Grading has been designed to follow natural contours of the site and to minimize the amount of grading required to create the building area; 7. Grading will not modify existing drainage channels nor redirect drainage flow, unless such flow is redirected into an existing drainage course; 8. 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; 9. The project is sensitive and not detrimental to the convenient and safe movement of pedestrians and vehicles; and 10. The project conforms to the requirements of the California Environmental Quality. CONDITIONAL USE PERMIT CRITERIA Section 17.42.50 Basis for approval or denial of conditional use permit. The Commission (and Council on appeal), in acting to approve a conditional use permit 18 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: 1. That the proposed conditional use is consistent with the General Plan; 2. 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; 3. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed; 4. That the proposed conditional use complies with all applicable development standards of the zone district; 5. 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 waste facilities; 6. That the proposed conditional use observes the spirit and intent of this title. CRITERIA FOR VARIANCES Section 17.38.050 Required Variance findings. In granting a variance, the Commission (and Council on appeal) must make the following findings: 1. 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; 2. 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; 3. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; 4. That in granting the variance, the spirit and intent of this title will be observed; 5. That the variance does not grant special privilege to the applicant; 6. 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; and 7. That the variance request is consistent with the general plan of the City of Rolling Hills. SOURCE: City of Rolling Hills Zoning Ordinance. FISCAL IMPACT: None. RECOMMENDATION: Adopt Resolution No. 2022-16 approving a Site Plan Review (SPR) for grading, approving a Conditional Use Permit (CUP) for the development of a new 7,088-square-foot tennis court, approving Variances (VAR) for the export of dirt, encroachment of tennis court and planter in the front setback and front yard area, encroachment within 50 feet of a paved road, 19 exceedance of maximum 10,000 square foot grading area, exceedance of maximum allowed 750 cubic yards of grading, and exceedance of the maximum allowed disturbance. ATTACHMENTS: Development Table Development Plans Slope Analysis Conceptual Landscape Plan.pdf Proximity Map.pdf Picture of Proposed Tennis Court Location Existing Site Photos Received 9/15/22 Letter from Wendi Russell_9 Upper Blackwater Canyon Road Received 10/11/22 Letter from Murry Smith_.10 Upper Blackwater Canyon road Received 12/6/22 Addended Letter from Wendi Russell_.pdf Received 12/12/22 Email from Murry Smith_.pdf Resolution No. 2022-16_12 Upper Blackwater Canyon Road 20 Development Table Zoning Case No. 21-17 12 Upper Blackwater Canyon Road Site Plan Review, Conditional Use Permit and Variance EXISTING PROPOSED TOTAL RA-S-1 Zone SINGLE FAMILY RESIDENCE, DETACHED GARAGE GUEST HOUSE, UPPER LEVEL POOL AND SPA, LOWER LEVEL POOL NEW 7,088 SF TENNIS COURT & 362 SF PLANTER TO ENCROACH IN FRONT YARD SETBACK, PAVED ROAD SETBACK, 4,030 CY GRADING,13,360 SF GRADING ARED, 421 SF STAIRS, 1,920 CY EXPORT 1,000 SF FUTURE (SET ASIDE) STABLE AND CORRAL Gross 202,554 SF 0 SF 202,554 SF Net Lot Area 139,420 SF 0 SF 139,420 SF Residence 10,543 SF 0 SF 10,543 SF Garage 751 SF 0 SF 751 SF Swimming Pools/Spa 941 SF 0 SF 941 SF Pool Equipment 80 SF (estimate)0 SF 80 SF (estimate) Guest House 2,072 SF 0 SF 2,072 Future Stable minimum: 450 SF Corral minimum: 550SF 0 SF 1,000 SF (Future Stable/corral)1,000 SF (Future Stable/corral) New Planter Box 0 SF 362 362 SF Recreation Court 0 SF 7,088 SF 7,088 SF Attached Covered Porches, Entryway, Porte Cochere, Breezeways 0 SF 0 SF 0 SF Detached Structures: Sheds, Trellises, Gazebos 113 SF 0 SF 113 SF Water features 56 SF 0 SF 56 SF Service Yard 125 SF 0 SF 125 SF Basement Area 0 SF 0 SF 0 SF Primary Driveway 11,630 SF 0 SF 11,630 SF Paved walks, patio areas, courtyards 6,321 SF 421 SF (new stairs)6,742 SF Other paved areas 790 SF 790 SF Grading (not balanced onsite)--4,030cubic yards total (1,925 cy cut/1,050 cy over excavation/1,050 cy recompaction/1,920 cy export/ 5 cy fill) 4,030 cy total & (1,920 cy of export) Total Structure Area 14,556 SF 7,088 SF 21,644 SF % Structural Coverage 10.4%5.1%15.5% Total Structures Excluding: up to 5 legal and up to 800 SF detached structures that are not higher than 12 ft (no more than 120 SF per structure per deduction, except for trellis) 0 SF 0 SF 0 SF Structural Lot Coverage (20% max) 14,556 SF (10.4%)7,088 SF (5.1%)21,644 SF (15.5%) Flatwork Lot Coverage 18,741 SF (13.4 %)421 SF (5.4 %)19,162 SF (13.7%) 21 Total Lot Coverage (Structures and Flatwork) (35% max & with deductions 33,217 SF (23.9%)7,509 SF (5.4%)40,726 SF (29.2%) Total Disturbed Area (40% maximum) 52,924 SF (38%)13,360 SF (9.4%)66,284 (47.5 %) 22 “”LC ENGINEERING GROUP, INC.C O N S U L T I N G E N G I N E E R S889 Pierce Court, Suite 101, Thousand Oaks, California 91360818-991-7148 805-497-1244 lcegroupinc.com workfiles@lcegroupinc.com 23 LC ENGINEERING GROUP, INC.C O N S U L T I N G E N G I N E E R S889 Pierce Court, Suite 101, Thousand Oaks, California 91360818-991-7148 805-497-1244 lcegroupinc.com workfiles@lcegroupinc.com 24 LC ENGINEERING GROUP, INC.C O N S U L T I N G E N G I N E E R S889 Pierce Court, Suite 101, Thousand Oaks, California 91360818-991-7148 805-497-1244 lcegroupinc.com workfiles@lcegroupinc.com 25 LC ENGINEERING GROUP, INC.C O N S U L T I N G E N G I N E E R S889 Pierce Court, Suite 101, Thousand Oaks, California 91360818-991-7148 805-497-1244 lcegroupinc.com workfiles@lcegroupinc.com 26 LC ENGINEERING GROUP, INC.C O N S U L T I N G E N G I N E E R S889 Pierce Court, Suite 101, Thousand Oaks, California 91360818-991-7148 805-497-1244 lcegroupinc.com workfiles@lcegroupinc.com 27 afQsTmaafQsTmaLC ENGINEERING GROUP, INC.C O N S U L T I N G E N G I N E E R S889 Pierce Court, Suite 101, Thousand Oaks, California 91360818-991-7148 805-497-1244 lcegroupinc.com workfiles@lcegroupinc.com 28 LC ENGINEERING GROUP, INC.C O N S U L T I N G E N G I N E E R S889 Pierce Court, Suite 101, Thousand Oaks, California 91360818-991-7148 805-497-1244 lcegroupinc.com workfiles@lcegroupinc.com 29 LC ENGINEERING GROUP, INC.C O N S U L T I N G E N G I N E E R S889 Pierce Court, Suite 101, Thousand Oaks, California 91360818-991-7148 805-497-1244 lcegroupinc.com workfiles@lcegroupinc.com THIS DRAINS TO OCEAN NO DUMPINGHYDROLOGIC DATALEGENDNOTE:30 LC ENGINEERING GROUP, INC.C O N S U L T I N G E N G I N E E R S889 Pierce Court, Suite 101, Thousand Oaks, California 91360818-991-7148 805-497-1244 lcegroupinc.com workfiles@lcegroupinc.com LID CALCULATIONS:31 LC ENGINEERING GROUP, INC.C O N S U L T I N G E N G I N E E R S889 Pierce Court, Suite 101, Thousand Oaks, California 91360818-991-7148 805-497-1244 lcegroupinc.com workfiles@lcegroupinc.com 32 33 34 35 12 Upper Blackwater Canyon Proposed Tennis Court Location The red arrow indicates the proposed project location. 36 EXISTING SITE PHOTOS OF 12 UPPER BLACKWATER CANYON ROAD (ZC 21-17) This photo was taken from the existing stairs and looking northeast at the proposed project location. 37 This picture was taken from Upper Blackwater Canyon Road looking east at the proposed project site. 38 39 40 41 42 43 44 45 46 47 Wendi Russell-Waters 9 Upper Blackwater Canyon Road Rolling Hills, CA 90274 12-05-2022 Dear Mr. Signo and Members of the Planning Commission: My name is Wendi Russell-Waters, and I own and reside at 9 Upper Blackwater Canyon Road. My home is just downslope/across from the subject parcel at 12 Upper Blackwater Canyon Road. I wrote to the Planning Commission several months ago regarding the request by the Kim family for variances and/or conditional use permits that would entitle the Kim family to construct a 7,088 square-foot !Recreational Game Court” which is out of compliance with the applicable standards governing such uses. The purposed court is in the front yard, along the frontage of Upper Blackwater Canyon Road, encroaching into the setbacks. Now that the purposed game court has been staked and flagged, I feel even more compelled to express my thoughts to the Members of the Planning Commission as it is even more apparent that this sports court is inappropriate in both size and placement. It is clear that this purposed sports court right on the side of the road is simply not in keeping with the standards and nature of our community. It will be an enormous and unsightly blight. Given the proximity of the proposed Recreational Game Court (and ancillary construction) to the frontage on Upper Blackwater Canyon Road, I am concerned with unwanted adverse impact on my property at 9 Upper Blackwater Canyon Road as well as the adverse impact the neighboring properties on Upper Blackwater Canyon Road, including 6 Upper Blackwater Canyon Road, 10 Upper Blackwater Canyon Road, 11 Upper Blackwater Canyon Road, 14 Upper Blackwater Canyon Road, and other nearby properties. Such adverse impacts include visual blight, excessive noise, excessive fence heights, and encroachment into both the setbacks and easements. Additionally, I have concerns with respect to the 1,930 cubic yards of grading and earth movement which is proposed by the Kim family for this project. Rolling Hills Zoning Codes are rules set in place to regulate what can and cannot be constructed in our city and are developed, in part, to preserve the aesthetic values of our 48 community. It is the job of the Planning Commission to enforce these Codes, again, in part, to maintain the nature of our community. When we as residents of The City of Rolling Hills purchase our homes, we do so with clear expectation of what the City advertises and offers, a bucolic rural neighborhood. It is incumbent upon the members of this Planning Commission to preserve the nature of this community by enforcing the Codes. Rolling Hills Zoning Code 17.16.210 - Conditions for Conditional Use Permits, Section A, Number 7 instructs that Recreational Game Courts shall adhere to a number of specific conditions. The Kim"s Recreational Game Court proposal is not in compliance with several of these conditions that I am aware of thus far. In fact, there are so many variances needed in order for this project to move forward, it seems that the project should be rejected outright. The project, as proposed, is simply out of compliance with too many Rolling Hills Zoning Codes. RH Zoning Code 17.16.210, Sec A, #7, b: A Game Court shall not be located in the front yard or any setback. **My understanding is that the Kim"s projected project is located in the front yard. RH Zoning Code 17.16.210, Sec A, #7, c: A game court shall not be located within 50 feet of any paved road or street easements. **My understanding is that the Kim"s projected project is located within 50 feet of Upper Blackwater Canyon Road. **My understanding is that the Kim"s projected project is located in an easement. RH Zoning Code 17.16.210, Sec A, #7, h: When grading is required for a game court, cutting landfilling shall be balanced on site and shall not exceed seven hundred fifty cubic yards **My understanding is that the grading on the Kim"s projected project will exceed four thousand cubic yards RH Zoning Code 17.16.210, Sec A, #7, i: 49 When grading is required for a game court, cutting and filling shall be balanced on site and shall not exceed ten thousand square feet **My understanding is that the cutting and filling on the Kim"s projected project will exceed ten thousand square feet In addition to the clear violations outlined above, I am very concerned about how the Recreational Game Court, as it is proposed so close to the road, will affect the natural bucolic character we as residents enjoy in our city. For many of us, that natural character and serene nature is THE very reason we buy homes and live in Rolling Hills. A tennis court placed on the side of the road is an eyesore in sharp contrast to the beauty we expect and enjoy in the city of Rolling Hills. I am concerned that there is no effective way to screen a tennis court built along Upper Blackwater. Coming down Blackwater, one will be looking down onto the tennis court. There is no effective way to truly screen ten-foot fencing around such a large surface area when approaching from above. It seems to me this would be a visual blight and very out of character to the natural beauty of Rolling Hills. In addition, young new trees and landscaping take a very long time to grow and mature. It is unreasonable to think plants will grow and mature to the point of providing reasonable screening for many many years. Even then, this is not true screening. No amount of vegetation will truly screen chain-link fencing as evidenced by the Rolling Hills Community Courts across from City Hall. We all still clearly see the chain-link fence and the tennis courts through mature trees and landscaping. Additionally, as I drive up and out my driveway, I fear I will be staring up at an eyesore, a tennis court with its ten-foot high chain-link fencing. Again, this view is inconsistent and out of character with the nature of Rolling Hills. Sound traveling from the court is also a big concern. It appears there is only 151 feet from the proposed court to my bedroom window No doubt, sound from the court will travel down slope and reverberate right around the living spaces of my home. Moreover, Pickle Ball is a hugely popular and very LOUD sport played on tennis courts. The idea that such a loud sport being played in our residential area right along the street and near our homes seems unreasonable and unfair. Thus, the issue of noise created on the proposed sports court in such close proximity to my home is an enormous encroachment on the use and enjoyment of my property. 50 Rolling Hills Outdoor Ordinance reads, !An important goal of the City of Rolling Hills General Plan is to maintain a rural character.” This project as a whole, its location close to a sloping road and close to other residences is out of compliance with many of the city"s own Zoning Codes and simply not in keeping with the character of Rolling Hills. I feel it is my right as a resident of Rolling Hills to have and maintain the !natural environment” that the City outlines in its own policies and codes. In order to maintain the !natural environment” the city should decline the request for variance and/or conditional use permits to construct a tennis court right along our road and into the easements. The Zoning Codes and Regulations should be enforced. Once again, a tennis court located on the side of the road is a loud and noisy eyesore in sharp contrast to the beauty and tranquillity we expect and enjoy in the city of Rolling Hills. Respectfully, Wendi Russell-Waters 9 Upper Blackwater Canyon Road cc: GG, MS, DB, SB, DH, WR 51 From:murray smith To:Stephanie Grant Subject:Proposed Tennis Court Date:Monday, December 12, 2022 3:28:43 PM Re: Sound Abatement. I am concerned about annoying sounds from a tennis court so close to my home at #10. Previously I had sent to you some exhibits from sound abatement companies for mitigating those sounds. I took a look at the three city courts across from City Hall and, although they were enclosed, the material used seemed to be for simply visual purposes. I would like to emphasize that there be a requirement for material that actually is designed to abate sound. Also, a prohibition on Pickelball - the noise created is awful and not consistent with the expectation of reasonable peace and quiet in a residential neighborhood. I think the field trip next week will make things clearer. Thank you. 52 65277.00010\40703389.8 Resolution 2022-16 12 Upper Blackwater Canyon Road (Kim) 1 RESOLUTION NO. 2022-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR: REQUEST FOR APPROVAL OF 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, AND WITHIN 50 FEET OF A PAVED ROAD; EXCEEDANCE OF THE MAXIMUM ALLOWED 10,000 SQUARE FEET GRADING AREA, EXCEEDANCE OF MAXIMUM ALLOWABLE 750 CUBIC YARDS OF GRADING, AND EXCEEDANCE OF THE MAXIMUM ALLOWED DISTURBANCE AREA IN ZONING CASE NO. 21-17 FOR A PROPERTY LOCATED AT 12 UPPER BLACKWATER CANYON ROAD (LOT 97-1-RH) ROLLING HILLS, CA 90274 (KIM) THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. On December 15, 2021, an application was duly filed by Mr. Brian Kim requesting: 1) Site Plan Review for grading; (2) Conditional Use Permit for the construction of a 7,088-square-foot tennis court; 3) Variance for grading export; 4) Variance for encroachment of the tennis court and planter in the front setback and front yard area;5) Variance for the tennis court and planter to encroach within 50 feet of the paved road; 6) Variance to exceed maximum 10,000 square feet grading area, 7) Variance to exceed maximum allowable 750 cubic yards of grading; and 8) Variance to exceed the 40% maximum disturbance (collectively the “Project”) for the subject property located at 12 Upper Blackwater Canyon Road, Rolling Hills, CA 90274 (“Property”). Section 2. A.On September 8, 2022, the applicants and owners within 1,000 feet of the Property were notified of the public hearings scheduled for September 20, 2022, in writing by first class mail and a notice was published in the Daily Breeze on September 9, 2022. On September 15, 2022, the Applicants’ agent notified Staff that the Property would not be surveyed, staked, and silhouetted in time for the September 20, 2022 field trip meeting. The Applicants’ agent requested the Planning Commission’s consideration of the Project be continued to the next meeting on October 18, 2022. B.Given the foregoing, the September 20, 2022 field trip for the Project was canceled. At the evening meeting that same date, the Planning Commission opened the public hearing, took public testimony, and continued the item to the next field trip meeting on October 18, 2022. The applicant was not able to have the site staked and silhouetted in time for October 18, 2022 field trip and evening Planning Commission meeting, so the item was pulled from the agenda. C.On November 11, 2022, the Applicant’s agent informed Staff that the site had finally been staked and silhouetted, and Staff conducted a site visit on November 16, 2022 53 65277.00010\40703389.8 Resolution 2022-16 12 Upper Blackwater Canyon Road (Kim) 2 to confirm. The project was rescheduled for a December 20, 2022 morning field trip and evening Planning Commission meeting. On December 8, 2022, the applicants and owners within a 1,000-foot radius of the subject property were notified of the public hearings scheduled for December 20, 2022, in writing by first class mail. A notice was published in the Daily Breeze on December 8, 2022. D.On December 20, 2022, the Planning Commission conducted a morning field trip meeting, took public testimony, and walked the Property. The Planning Commissioners and members of the public also provided comments on the Project. The field trip hearing was continued to that evening’s teleconference meeting at 6:30 p.m. At the evening meeting, evidence was heard and presented from all persons interested in said proposal. Section 3. A.The Property is zoned RAS-2 and the gross lot area is 198,198 square feet (4.55 acres). The net lot area for development purposes is 139,420 square-feet (3.2 acres). The lot is an irregular shaped lot and existing topography of the project site slopes down approximately 78 feet from the highest elevation of the guesthouse to the lowest portion of the lot where the proposed tennis court and planter will be located. B.The Property includes a main building pad that slopes down and has 5 terraced levels. The main building pad (“Pad #1”) is a total of 52,924 square feet and is developed with a 10,543 square foot single-family residence and attached garage, 782 square foot pool (1st pool), and 160 square foot pool (2nd pool).Also on Pad #1 is an existing legal non-conforming 2,072 square foot guesthouse and 751 square foot detached garage on the top level. A 1,000 square foot stable and corral set aside will be located on a level area on the southwest are of the side of the main pad. The Applicant is proposing to grade and level the northwest corner of parcel and develop into a recreational building pad. The proposed building recreational pad will be a total of 7,450 square feet and is the location for the proposed new tennis court and planter. C.The applicants are proposing to build a new 7,088 square foot full size tennis court with a new 362 square foot Permavoid planter. The applicants are also proposing to construct a new 421-square-foot concrete stairway (approximately 24-35 steps). The applicants are proposing a total of 4,030 cubic yards of grading (1,925 cubic yards cut, 1,050 cubic yards recompaction, 1,050 cubic yards of over excavation, and 5 cubic yards fill. The Project proposes 1,920 cubic yards of export). Section 4. This Project is categorically exempt from CEQA pursuant to Section 15303, Class 3 (New Construction or Conversion of Small Structures), which exempts the construction and location of new small facilities or structures, including accessory structures (e.g., including but not limited to garages, carports, patios, swimming pools and fences). Here, the Project proposes a new 7,088-square-foot tennis court with maximum 10-foot-high fencing, a new 362 square foot planter, a new 421-square-foot stairway (24-35 total new stairs) and associated grading. Accordingly, the Project qualifies for the exemption pursuant to Section 15303. Further, no exceptions to the exemption apply; there is no reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. 54 65277.00010\40703389.8 Resolution 2022-16 12 Upper Blackwater Canyon Road (Kim) 3 Section 5. Variance Approval Findings. Section 17.38.010 of the Rolling Hills Municipal Code sets forth the required Variance findings. Encompassed within the Project are Variance requests for the following: (1): grading export; (2) encroachment of the tennis court and planter front setback and front yard area; (3) encroachment of the proposed tennis court and planter into the required 50 foot paved road setback; (4) exceedance of the maximum 10,000 square feet grading area, (5) exceedance of the maximum 750 cubic yards of grading, and (6) exceedance of the maximum allowed disturbance of 40%. These Variance requests concern relief from RHMC Sections 17.16.210(A)(7)(b), 17.16.070(A)(7)(c), 17.16.210(A)(7)(h), and 17.16.210(A)(7)(i). With respect to the above Variance requests, 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 configuration in that it is deep and slopes down towards the rear. There is a Rolling Hills Community Association (RHCA) Bridal Trail located to the north and south of the parcel. Along the east portion of the parcel, there is a restricted area and flood hazard area, in addition to a bridle trail. The northeast portion of the lot contains a steep slope that is greater than 2:1, so the undeveloped areas for buildable space is limited. 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. The Variances are necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity and zone, but in which is denied to the property in question.Strict application of the Zoning Ordinance would deprive the property owner of the right and benefits enjoyed by similarly situated properties in the same vicinity and zone. The lot size, configuration, easements, setbacks, RHCA Bridle Trail, slopes, restricted areas and together with the existing developments on the lot creates a difficulty in locating the tennis court elsewhere on the property. There are other properties in the City that have been granted variances to allow them to have a recreational sports court located in the front yard area and front setback. 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. The sports court will be screened from the adjacent properties and the road, as required by the conditions of this approval. It will be screened and landscaped with trees and shrubs that will be a sufficient distance from nearby residences so that the sports court will not impact the view or privacy of surrounding neighbors. D. That in granting the variance, the spirit and intent of this title will be observed. The proposed development does not prevent anyone from enjoying their property rights; the improvements are visually harmonious with adjacent properties and in scale with 55 65277.00010\40703389.8 Resolution 2022-16 12 Upper Blackwater Canyon Road (Kim) 4 adjacent residential development. The proposed location for the recreational game court is of sufficient distance from nearby residences. There is an existing hedge located at northeast corner that screens the small portion of the court area from that would be visible from the street. The proposed project will be located in the northwest corner of the lot and will be screened with landscaping out of the views of the neighboring properties. The recreational game court is proposed to be located on the northwest property so that it will be downslope from the existing main residence and minimally visible. E. That the variance does not grant special privilege to the applicant. The variance does not grant special privilege to the applicant in that the proposed sports court is in character and similar in scale with other recreational courts in the community. The applicant will have the opportunity to enjoy the same amenities enjoyed by other residents in thecommunity. 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. The proposed location of the Project will not be sited near hazardous waste facilities and is surrounded by residential land use. G. That the variance request is consistent with the general plan of the City of Rolling Hills. Granting these Variances is consistent with the City’s General Plan, including Land Use Element (“LUE”) Policy 2.4, which aims for structures to be sited in a manner that preserves viewscapes from adjacent structures. Here, the Project is consistent with LUE Policy 2.4 as the sports court and planter will be landscaped with trees and shrubs that will be a sufficient distance from nearby residences so that the improvements will not impact the view or privacy of surrounding neighbors. Granting the Variances is also consistent with LUE Policy 1.1, which aims for the City to maintain its one and two acre minimum lot size requirements. The Project (and its Variances) are consistent Policy 1.1 as they do not upset and retain the acreage of the Property, which is and will remain 4.55 acres in size. Granting the Variances is consistent with LUE Goal 2, which aims to accommodate development that is compatible with and complements existing land uses. Here, the Project is compatible with existing land uses as other properties in the same zone have sports courts and planters. The Project is also compatible with existing land uses as the sports court and planter will be landscaped with trees and shrubs that will be a sufficient distance from nearby residences so that the improvements will not impact the view or privacy of surrounding neighbors. Lastly, by constructing a sports court, the Project (inclusive of the Variances) is consistent with Open Space and Conservation Element Goal 2, which aims for expanded opportunities for outdoor recreation. Section 7. Conditional Use Permit Findings. The Project includes a proposed 7,088- square-foot tennis court and 362-square-foot planter in the northwest corner the Property. The RHMC requires a Conditional Use Permit for the development of a recreational game court (RHMC, § 17.16.210(A)(7)). With respect to the Project’s request for a Conditional Use Permit, the Planning Commission makes the following findings: 56 65277.00010\40703389.8 Resolution 2022-16 12 Upper Blackwater Canyon Road (Kim) 5 A.That the proposed conditional use is consistent with the General Plan. See findings in subsection (G) of Section 6 above. The sports court associated with this Project’s Conditional Use Permit is consistent with the purposes and objectives of the General Plan because the use is consistent with similar uses in the community, will not upset the City’s existing minimum lot size requirements, is sited and landscaped in a manner that will not impact the view or privacy of surrounding neighbors, and increases opportunities for outdoor recreation. .Granting the Conditional Use Permit is consistent with LUE Goal 2, which aims to accommodate development that is compatible with and complements existing land uses. The Project is compatible with existing land uses as other properties in the same zone have sports courts and planters. The Project is also compatible with existing land uses as the sports court and planter will be landscaped with trees and shrubs that will be a sufficient distance from nearby residences so that the improvements will not impact the view or privacy of surrounding neighbors. Lastly, by constructing a sports court, the Project is consistent with Open Space and Conservation Element Goal 2, which aims for expanded opportunities for outdoor recreation. 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 nature, condition, and development of adjacent uses, buildings, and structures have been considered. The Project will not adversely affect or be materially detrimental to adjacent uses, buildings, or structures because the recreational game court is located in the rear of the property and its general location is of sufficient distance from nearby residences so as to not impact the view or privacy of surrounding properties. Due to the incline of the slopes, easements, flood zone, restricted areas, RHCA Bridal Trail easement, and configuration of the lot, the proposed sports court was limited to the location at the northwestern portion of the parcel.There is no other location to place the proposed sports court onsite without causing significant change to the current terrain, increase grading quantities, or cut into the greater than 2:1 slope. For the benefit of adjacent uses, buildings, and structures, the sports court will be screened by landscaping on all four sides;it will also not impact the view or privacy of surrounding neighbors. C.That the site for the proposed conditional use is of adequate size and shape to accommodate the uses and buildings proposed. The Project is harmonious in scale and mass with the site, the natural terrain, and surrounding residences.At 4.55 gross acres, the Property is sufficient to accommodate the proposed use. As noted above, the design and construction of the recreation sports court has been designed to include methods to mitigate visual and noise impacts. D.That the proposed conditional use complies with all applicable development standards of the zone district. Adoption of this Resolution includes Variances that will provide relief from specified RHMC standards; the Project complies with all other applicable RHMC standards. 57 65277.00010\40703389.8 Resolution 2022-16 12 Upper Blackwater Canyon Road (Kim) 6 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 waste facilities 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 waste facilities because the project site is not listed on the current State of California Hazardous Waste and Substances Sites List. F.That the proposed conditional use observes the spirit and intent of this title. The construction of the sports court allows the Applicant the ability to enjoy rights enjoyed by other residents in the City. The proposed use is consistent with the residential character of the City. Section 8. Site Plan Review Findings. RHMC Section 17.46.020(A)(1) requires a Site Plan Review for grading. The applicant is proposing to build a 7,088-square-foot recreation sports court, 1925 cubic yards of cut, 1,050 cubic yards of over-excavation, 1,050 cubic yards of re-compaction, and 5 cubic yards of fill. The applicant has applied for a variance for the export of 1,925 cubic yards of dirt. 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. See subsection (G) of Section 6 above. The Project, inclusive of the activities contemplated by the Site Plan Review (for the proposed sports court)is consistent with the purposes and objectives of the General Plan.The Project, inclusive of the entitlements granted in this Resolution, is also consistent with and complies with the provision of the Zoning Ordinance. 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 topography and the configuration of the irregularly shaped lot have been considered, and it was determined that the proposed project will not adversely affect or be materially detrimental to adjacent uses, buildings, or structures. Due to the topography and configuration of the lot, the proposed sports court will be located on the northwest corner portion of the lot.The proposed project is in the front yard area of the property at a higher elevation from the road and will be screened with landscaping from all four sides. 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, and is consistent with the scale of the neighborhood when compared to new residences 58 65277.00010\40703389.8 Resolution 2022-16 12 Upper Blackwater Canyon Road (Kim) 7 in the vicinity of said lot.The proposed sports court will be located on the northwest corner of the property and will not impact any views of the surrounding residences, but will enhance the use of the project site. The slopes are being preserved or rebuilt in a manner that attempts to mimic the natural terrain. Portions of the new building pad will be landscaped and the court will be screened from the road and neighbors. 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). The proposed new tennis court, stairs, & planter will be built on a newly created 7,450 square foot recreational building pad.The net lot area is over 139,420 square feet and is sufficient to accommodate the proposed use. There will be no significant changes to the site design, as the residential uses will remain and the proposed sports court will be constructed in a location that is suitable for the use. The proposed grading, tennis court, landscaping, stairs, and planter are all designed to preserve slopes where possible and mimic the natural terrain and to preserve drainage courses and mature trees. The development plan will introduce additional landscaping, which is compatible with and enhances the rural character of the community, and the landscaping will provide a buffer or transition area between private and public areas. 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. The proposed sports court will require a total of 4,030 cubic yards of grading. The applicant proposes 1,925 cubic yards cut, 1,050 cubic yards over excavation, 1,050 cubic yards re-compaction,and 5 cubic yards fill for the proposed tennis court. The maximum depth of cut for the tennis court is 11.7-foot cuts at the south end of the tennis court.The maximum depth of cut for the stairs is 2-foot cuts. The allowable export shall not exceed 1,920 cubic yards of dirt. The proposed location of the tennis court abuts the Rolling Hills Community Association Easements to the north and east, Bridle Trail, and grading will not have any impact on the existing trails or easements. F.Grading will not modify existing drainage channels nor redirect drainage flow,unless such flow is redirected into an existing drainage course. Drainage flows from the top of the property to the rear due to the site naturally topography. Drainage will continue to flow toward the rear of the property with development of the proposed project. 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 applicant is proposing landscaping along the all four sides of the court. The proposed project will preserve the natural and native vegetation. 59 65277.00010\40703389.8 Resolution 2022-16 12 Upper Blackwater Canyon Road (Kim) 8 H.The project is sensitive and not detrimental to the convenient and safe movement of pedestrians and vehicles; The proposed sports court is located at the northwest corner of the property and will not impact the existing circulation on the lot. I.The project conforms to the requirements of the California Environmental Quality Act. . The Project is categorically exempt from CEQA. See Section 4 above. Section 7. Approvals. Based upon the foregoing, the Planning Commission hereby approves the following: 1) Site Plan Review for grading; (2) Conditional Use Permit for the construction of a 7,088-square-foot tennis court and planter; 3) Variance for grading export; 4) Variance for encroachment of the tennis court and planter in the front setback and front yard area; 5) Variance to encroach within 50 feet of a paved road; 6) Variance to exceed maximum 10,000 square feet grading area, 7) Variance to exceed maximum 750 cubic yards of grading; and 8) Variance to exceed the 40% maximum disturbance are subject to the following conditions: A. The Site Plan Review, Conditional Use Permit, and Variances approvals shall expire within two years from the effective date of approval as defined in RHMC Sections 17.46.080, 17.42.070, 17.60.080, and 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 entitlements 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 60 65277.00010\40703389.8 Resolution 2022-16 12 Upper Blackwater Canyon Road (Kim) 9 plan on file at City Hall and approved by the Planning Commission on December 20, 2022 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 Site Plan Review, Conditional Use Permit, and Variance approvals shall be incorporated into the building permit working drawings, and where applicable complied with prior to issuance of a grading or building permit from the building department. E.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. 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 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. 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 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. J.Structural lot coverage of the lot shall not exceed 21,644 square feet or 15.5% 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 40,806 square feet or 29.3% of the net lot area, in conformance with lot coverage limitations (35% maximum). K.The disturbed area of the lot shall not exceed 47.5%, or 66,284 square feet surface area. Grading for this project shall not exceed a total of 4,030 cubic yards: 1,925 cubic yards of cut, 1,050 cubic yards over excavation, 1,050 cubic yards of re-compaction, and 5 cubic yards of fill. The maximum export shall not exceed 1,920 cubic yards. L.The second building pad (Pad #2) is proposed at 7,450 square feet and shall not exceed coverage of 7,450 square feet or 100%. M.Access to the stable and to the corral shall be decomposed granite or 100% pervious roughened material; it shall not be wider than 12’. N.Except as otherwise authorized by this Resolution’s Variances, the recreational game court shall at all times comply with the requirements of RHMC Section 17.16.210(A)(7). 61 65277.00010\40703389.8 Resolution 2022-16 12 Upper Blackwater Canyon Road (Kim) 10 O 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 the proposed structures, including the recreational game court, or as otherwise required by the Fire Department. P.The applicant shall comply with all requirements of the Low Impact Development requirements for storm water management on site (RHMC Chapter 8.32). Q.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. R.Prior to issuance of a final construction approval of the project, all graded slopes shall be landscaped. Prior to issuance of building permit, the landscaping plan shall meet the requirements of the City, shall be submitted to the City in conformance with Fire Department Fuel Modification requirements, and shall be approved by the City’s landscape consultant. S.The project shall be landscaped, and continually maintained in substantial conformance with the landscaping plan on file approved by the City’s landscape consultant. 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 height of the tennis court fencing. In addition, the landscaping plan shall provide for screening of the proposed recreational game court, 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. T.The applicant shall submit a landscaping performance bond or other financial obligation, to be kept on deposit by the City, in the amount of the planting plus irrigation plus 15%. The bond shall be released no sooner than two years after completion of all plantings, subject to a City staff determination that the plantings required for the project are in substantial conformance with approved plans and are in good condition. U.The landscaping shall be subject to the requirements of the City’s Water Efficient Landscape Ordinance, (Chapter 13.18 of the RHMC). V. Pursuant to Chapter 8.30 of the RHMC, the property shall at all times be maintained free of dead trees and vegetation. W.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. X.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. 62 65277.00010\40703389.8 Resolution 2022-16 12 Upper Blackwater Canyon Road (Kim) 11 Y.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. Z. 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. AA. During construction, to the extent feasible, all parking shall take place on the project site, on the new driveway and, if necessary, any overflow parking may take place within the unimproved roadway easements along adjacent streets, and shall not obstruct neighboring driveways, visibility at intersections or pedestrian and equestrian passage. During construction, to the maximum extent feasible, employees of the 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. BB.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. CC.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. DD.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. EE.The recreational game court shall drain in accordance with the approved grading and drainage plan. 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. FF.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. 63 65277.00010\40703389.8 Resolution 2022-16 12 Upper Blackwater Canyon Road (Kim) 12 GG.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. HH.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. II.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. JJ.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. KK.The applicants shall execute an Affidavit of Acceptance of all conditions of the Site Plan Review approval, or the approval shall not be effective. LL. 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 MM.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. NN.The tennis court shall require state of the art sound blocking and noise reduction acoustic screening at all times to mitigate the noise. PASSED, APPROVED AND ADOPTED THIS 20 th DAY OF DECEMBER, 2022. BRAD CHELF, CHAIRPERSON ATTEST: ____________________________________ CHRISTIAN HORVATH, CITY CLERK 64 65277.00010\40703389.8 Resolution 2022-16 12 Upper Blackwater Canyon Road (Kim) 13 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 2022-16 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR: REQUEST FOR APPROVAL OF 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, AND WITHIN 50 FEET OF A PAVED ROAD; EXCEEDANCE OF THE MAXIMUM ALLOWED 10,000 SQUARE FEET GRADING AREA, EXCEEDANCE OF MAXIMUM ALLOWABLE 750 CUBIC YARDS OF GRADING, AND EXCEEDANCE OF THE MAXIMUM ALLOWED DISTURBANCE AREA IN ZONING CASE NO. 21-17 FOR A PROPERTY LOCATED AT 12 UPPER BLACKWATER CANYON ROAD (LOT 97-1-RH) ROLLING HILLS, CA 90274 (KIM) was approved and adopted at a regular meeting of the Planning Commission on December 20, 2022, 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. __________________________________ CITY CLERK 65 Agenda Item No.: 14.A Mtg. Date: 12/20/2022 TO:HONORABLE CHAIR AND MEMBERS OF THE PLANNING COMMISSION FROM:JOHN SIGNO, DIRECTOR OF PLANNING & COMMUNITY SERVICES THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:DIRECTOR'S REPORT DATE:December 20, 2022 BACKGROUND: Here are some announcements for the Planning Commission: A. Housing Element deemed compliant by HCD on Nov. 23, 2022 B. Shen Residence (77 Portuguese Bend Road) Notice of Intent to adopt MND 1. Public review from Dec. 15, 2022 to Jan. 31, 2023 C. SBCCOG Housing Education Forum D. 2022 Accomplishments 1. Housing Element 2. Safety Element 3. CEQA review for Elements 4. Low Impact Development Workshop 5. ADU Ordinance 6. Ordinance on Employee, Supportive, and Transitional Housing 7. Family Day Care Homes Ordinance 8. Density Bonus Ordinance 9. Storm Water Management Ordinance 10. Development Projects E. Happy Holidays and a Happy New Year! DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Receive and file. 66 ATTACHMENTS: PL_GPN_HSG_221123_HCD_ComplianceLetter.pdf CL_PBN_221215_NOI_Mailing_InitialStudyMitigatedNegDec.pdf SBCCOG Housing Education Forum - Housing Markets.pdf 67 STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT 2020 W. El Camino Avenue, Suite 500 Sacramento, CA 95833 (916) 263-2911 / FAX (916) 263-7453 www.hcd.ca.gov November 23, 2022 John F. Signo, Director Planning & Community Services Department City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 Dear John F. Signo RE: Rolling Hills’ 6th Cycle (2021-2029) Adopted Housing Element Thank you for submitting the City of Rolling Hills’ (City) housing element adopted on September 26 and received for review on September 28, 2022, along with technical modifications authorized by Resolution Number 1309. Pursuant to Government Code section 65585, subdivision (h), the California Department of Housing and Community Development (HCD) is reporting the results of its review. Our review was facilitated by conversations with you and your consultant, Barry Miller on November 21 and 22, 2022. HCD is pleased to find the adopted housing element in full compliance with State Housing Element Law (Article 10.6 of the Gov. Code) The adopted element, along with technical modifications, addresses the statutory requirements described in HCD’s July 21, 2022 review. Additionally, the City must continue timely and effective implementation of all programs including but not limited to the following: • Program 2: Rancho Del Mar Opportunity Site Monitoring • Program 3: No Net Loss and Other Multi-Family Housing Opportunities • Program 6: Accessory Dwelling Unit (ADU) • Program 13: Homesharing • Program 14: Sewer Feasibility Studies • Program 21: Fair Housing Outreach and Affirmative Marketing The City must monitor and report on the results of this and other programs through the annual progress report, required pursuant to Government Code section 65400. Please be aware, Government Code section 65585, subdivision (i) grants HCD authority to review any action or failure to act by a local government that it determines is 68 John F. Signo, Director Page 2 inconsistent with an adopted housing element or housing element law. This includes failure to implement program actions included in the housing element. HCD may revoke housing element compliance if the local government’s actions do not comply with state law. Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City now meets housing element requirements for these and other funding sources. For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at: https://www.opr.ca.gov/planning/general-plan/guidelines.html. HCD appreciates the hard work from you and the City’s consultant, Barry Miller, provided in the housing element update. HCD also wishes the City success in implementing its housing element and looks forward to following its progress through the General Plan annual progress reports pursuant to Government Code section 65400. If HCD can provide assistance in implementing the housing element, please contact Jose Jauregui, of our staff, at jose.jauregui@hcd.ca.gov. Sincerely, Paul McDougall Senior Program Manager 69 Page 1 of 2 City of Rolling Hills INCORPORATED JANUARY 24, 1957 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 NOTICE OF INTENT TO ADOPT AN INITIAL STUDY and MITIGATED NEGATIVE DECLARATION Rolling Hills, CA This serves as the City of Rolling Hills' Notice of Intent to adopt an Initial Study/Mitigated Negative Declaration (IS/MND) for the Shen Residence Project, prepared in accordance with the California Environmental Quality Act (CEQA) Guidelines and local implementation procedures. Name of Project: Shen Residence Project Project Location: 77 Portuguese Bend Road Lead Agency: City of Rolling Hills Project Description The project site consists of an undeveloped 21.14-acre parcel located at 77 Portuguese Bend Road and existing private off-site access drive. The proposed project involves four components: 1) construction of an 8,847-square-foot single-family residence (hereafter referred to as “proposed home”); 2) construction of a 2,427-square-foot guesthouse; 3) construction of a 2,766-square-foot pool area; and 4) the re-alignment and potential modification of an existing road and driveway into the easement area located between residences at 73 and 74 Portuguese Bend Road. The proposed home would include two two-car garages, four bedrooms, four bathrooms and two half-bathrooms. Amenities associated with the proposed home would include an open central courtyard, a gym/workshop, a breakfast nook, a laundry room, and a pantry. The proposed guesthouse would include an open pond courtyard, one bedroom, one bathroom and one half-bathroom. The proposed pool area would include a swimming pool with a pool gate, jacuzzi, walkway, and pool deck. The proposed project would also include a 450-square- foot stable, a 550-square-foot corral, and a trash enclosure near the northern boundary of the project footprint. NOTICE IS HEREBY GIVEN THAT the City proposes to adopt an Initial Study and Mitigated Negative Declaration for the above-referenced project. Such an IS/MND determination is based on the finding that the project will have no significant environmental impacts that would not be reduced to a less-than-significant level with mitigation. The reasons to support such a finding are documented by the environmental document prepared by the City. 70 Page 2 of 2 The IS/MND and supporting materials are available for review at the following locations: • City of Rolling Hills City Hall: Planning and Community Services Department 2 Portuguese Bend Road Rolling Hills, CA 90274 Walk-In: Monday to Thursday, 8:00 a.m. to 12:00 p.m. Appointment: Monday to Wednesday, 12:00 p.m. to 5:00 p.m.; Thursday 12:00 p.m. to 3:30 p.m. • City's Website: https://www.rolling- hills.org/government/planning_and_community_services/index.php Written comments regarding the proposed IS/MND must be submitted to the Planning and Community Services Department prior to 5:00 p.m. on the last day of the 48-day public review/comment period (January 31, 2023). All correspondence and any questions regarding the IS/MND should be directed to John F. Signo, AICP, Director of Planning and Community Services, at the address above, or email jsigno@cithofrh.net. Public Review Period: December 15, 2022 to January 31, 2023 Public Hearing: The date of the public hearing will be posted on the City’s website: www.rolling-hills.org. 77 Portuguese Bend Rd. 71 Thursday, January 12, 2023 12-1pm on Zoom Lunch and LearnLunch and Learn Unit 1: Housing Markets Ken K. Hira, PresidentKosmont Companies Registration: bit.ly/SBCCOG-Forum1 For questions, contact: Jonathan Pacheco Bell jonathan@southbaycities.org Speaker: A virtual series to understand housing issues in the South Bay from multiple perspectives. Open to member agencies of the South Bay Cities COG. RSVP by 10am the day of event Save the Date Next sessions: January 26th February 2nd February 23rd March 2nd March 30th 72