842, Construction of an above grade, Resolutions & Approval ConditionsRECORDING REQUESTED BY AND
MAIL TO:
CITY OF ROLLING HILLS
PLANNING DEPARTMENT
2 PORTUGUESE BEND RD.
ROLLING HILLS, CA 90274
(310) 377-1521
(310) 377-7288 FAX
031)tl2014
*20140221742*
+p RECORDER'S USE ONLY
THE REGISTRAR -RECORDER'S OFFICE REQUIRES THAT THE FORM BE NOTARIZED BEFORE
RECORDATION.
AFFIDAVIT OF ACCEPTANCE FORM
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
ZONING CASE NO. 842
XX VARIANCES XX SITE PLAN REIVEW
(SEE EXHIBIT A ATTACHED)
I (We) the undersigned state
I am (We are) the owner(s) of the real property described as follows:
26 CINCHRING ROAD, ROLLING HILLS, CA 90274 (LOT 18-2-CH)
This property is the subject of the above numbered case and conditions of approval
I am (We are) aware of, and accept, all the stated conditions in said ZONING CASE NO. 842
XX VARIANCES
XX SITE PLAN RENEW
I (We) cep I clare) under the penalty of perjury that t foregoing is correct.
Signature
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Signatures must be acknowledged by a notary public.
State of California )
County of Los Angeles )
On Dtre i it, 2o13 before me,
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(Insert Name of Notary Public and Title)
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who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ are
subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in
his/her/their authorized capacity(ies) and that by his/ her /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS by hand and official seal.
Signature of Notary
()6? ter
( Seal)
CHRISTOPHER JOHN KISLIG
Commission # 1931125
Notary Public - California
Los Angeles County
My Comm. Expires Apr 1, 2015 T
RESOLUTION NO. 2013-18
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW
FOR GRADING AND CONSTRUCTION OF AN ABOVE GRADE DECK
AND REQUEST FOR VARIANCES TO EXPORT DIRT FROM THE SITE,
TO EXCEED THE MAXIMUM PERMITTED DISTURBANCE AND TO
EXCEED THE REQUIREMENT THAT WALLS BE ON THE AVERAGE
2.5 FEET IN HEIGHT IN ZONING CASE NO. 842, 26 CINCHRING
ROAD, (LOT 18-2-CH), ROLLING HILLS, CA. (BRUNNER). PROJECT
HAS BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT, (CEQA).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES
HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was duly filed by Drs. Elliott and Nourit Brunner
with respect to real property located at 26 Cinchring Road, Rolling Hills (Lot 18-2-CH)
requesting a Site Plan Review to grade 880 cubic yards of dirt, to construct a 629 square
feet above grade deck, to construct several walls ranging in height from a curb to 5',
reconfigure and enlarge the pool for a total of 933 square foot pool and spa, reconstruct
the rear patio and enlarge the turn around at the end of the driveway. A Variance is also
requested to export 340 cubic yards of dirt, to exceed the maximum disturbed area and
to exceed the requirement that walls be on the average 2.5 feet in height.
Section 2. The Planning Commission conducted duly noticed public hearings
at field trips to the property on July 16, 2013 and October 31, 2013 to consider the
application and at a regular Planning Commission meetings on November 19, 2013. The
applicants were notified of the public hearings in writing by first class mail. Evidence
was heard and presented from all persons interested in affecting said proposal and
from members of the City staff and the Planning Commission having reviewed,
analyzed and studied said proposal. The applicants and their representatives were in
attendance at the hearings.
During the field trip a concern was raised by a neighbor to the east regarding location of
the property line between the two properties. The applicant had the property line re-
surveyed and a corner marked.
Section 3. The property is zoned RAS-1 and the gross lot area is 1.58 acres.
The net lot area for development purposes is 58,670 square feet or 1.34 acres. The lot is
landlocked. Access to the property is over easements on adjacent properties. The rear of
the property is located in a steep canyon, which is also a flood hazard area, and is not
developable.
ZC No. 842, 26 Cinchring Rd. 1
Section 4. The Planning Commission finds that the project qualifies as a Class
3 Exemption, and is therefore categorically exempt from environmental review under
the California Environmental Quality Act.
Section 5. Section 17.46.030 of the Zoning Ordinance requires a development
plan to be submitted for Site Plan Review and approval before any grading requiring a
grading permit or any building or structure may be constructed. Section 17.46.020
requires a development plan to be submitted for Site Plan Review for above grade deck
and Section 17.16.190F requires a Site Plan review for walls over 3 feet in height.
Grading is required for these improvements. With respect to the Site Plan Review
application for grading and for the improvements the Planning Commission makes the
following findings of fact:
A. The proposed development is compatible with the General Plan and
surrounding uses because the proposed project complies with the General Plan
requirement of low profile, low -density residential development with sufficient open
space between surrounding structures. The grading for the improvements are minor
and are not contained in one area, therefore the lot does not have the appearance of
having unnatural terrain, as all of the grading blend into a natural looking condition.
The grading cut is not deep nor the fill is very high; and in several areas follow the
natural topography. The proposed deck replaces an old deck that is in disrepair and
almost 8 feet above ground. The proposed project is screened from the road so as to
reduce the visual impact of the development.
B. The development plan substantially preserves the natural and undeveloped state
of the lot because the new improvements will not cause the lot to look overdeveloped.
The proposed deck will be located in the same place, along the residence, as the existing
deck, but the slope reaching the deck will be terraced to eliminate the 8' above grade
condition. Most of the disturbance is on grade and follows the natural topography of
the property. The proposed 5' wall in the rear will replace an existing 8' wall to soften
the appearance of the rear yard. Significant portions of the lot will be left undeveloped
so as to maintain open space on the property. The nature, condition, and development
of adjacent uses, buildings, and structures and the topography of the lot have been
considered, and the construction will not adversely affect or be materially detrimental
to the adjacent uses, buildings, or structures because the proposed improvements will
be constructed on a portion of the lot which is least intrusive to surrounding properties,
will be screened and landscaped with flowers and shrubs is of sufficient distance from
nearby residences so that the proposed project will not impact the view or privacy of
surrounding neighbors.
C. The proposed development, as conditioned, is harmonious in scale and mass
with the site, the natural terrain and surrounding residences. The proposed project is
consistent with the scale of the neighborhood. The proposed project does not entail
construction of new structures, but low walls, terraced configuration for landscaping
ZC No. 842, 26 Cinchring Rd. 2
would be denied to the property in question absent a variance. The applicants propose
to demolish several existing tall retaining walls and replace them with longer but
shorter walls and groom the lot to soften the cuts in the topography, which resulted
from the existing high walls. Those shorter walls necessitate disturbance of the Iot
beyond the current disturbance. The overage is of 2% over the maximum permitted
disturbance is not significant and the property owner should not be denied the privilege
of a more usable lot simply because the topographic nature of the lot and the flood
hazard area constraint, on which structures may not be constructed make it infeasible to
comply strictly with Section 17.16.170.
C. The granting of the Variance would not be materially detrimental to the public
welfare or injurious to the property or improvements in such vicinity and zone in which
the property is located. A minor increase in the overall percentage of disturbed area on
the lot will have no effect on the public welfare or on property or improvements in the
vicinity.
D. In granting the variance, the spirit and intent of the Zoning Ordinance will be
observed. The purpose of the Zoning Ordinance is to regulate development in an
orderly fashion and in a manner consistent with the goals and policies of the General
Plan. Approval of the variance will not impede any goals of the Zoning Ordinance or
the General Plan. Rather, the variance will allow the property owner to enjoy the same
rights and privileges afforded to other property owners in the vicinity. The overage
requested is not substantial and does not undermine the spirit or intent of the Zoning
Ordinance.
E. The variance does not grant special privileges to the applicant. Unique
circumstances applicable to the subject property make it infeasible for the property
owner to comply with Section 17.16.070. The minor overage requested will allow the
property owner to enjoy the same rights and privileges afforded to many other
properties in the vicinity and zone.
Section 7. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal
Code permit approval of a Variance from the standards and requirements of the Zoning
Ordinance when exceptional or extraordinary circumstances applicable to the property
and not applicable to other similar properties in the same zone prevent the owner from
making use of a parcel of property to the same extent enjoyed by similar properties in the
same vicinity. A Variance from Section 17.16.190F is requested because it states that walls
may not exceed 5' on the average of 21/2 feet in height. The applicants request a Variance
to allow a portion of the rear walls to exceed on the average 2.5 feet in height. With
respect to this request for a Variance, the Planning Commission finds as follows:
A. There are exceptional and extraordinary circumstances and conditions applicable
to this property that do not apply generally to the other properties in the same zone. The
property is unique in that the original grading and construction created steep slopes
ZC No. 842, 26 Cinchring Rd. 4
• •
between the driveway and the building pad and an 8' high wall in the rear of the
property to accommodate a pool and a back yard. In order to soften the topography of
the lot and create more usable areas the rear and side walls will not exceed 5', but will be
4'4" to 4'6" high on the average. A portion of the 8' wall will be replaced with those
lower walls, which will soften the rear yard area and allow for additional landscaping
and gentler slopes. In order to shore up the rear slope, after removal of the 8' wall, those
walls are necessary.
13. The variance is necessary for the preservation and enjoyment of a substantial
property right possessed by other properties in the same vicinity and zone, but which
would be denied to the property in question absent a variance. Many of the homes in
the area are developed with walls that on the average exceed 2.5' in height. The
construction of the walls is intended to remove an 8' high wall, soften the looks of the
rear yard and the slopes above.
C. The granting of the Variance would not be materially detrimental to the public
welfare or injurious to the property or improvements in such vicinity and zone in which
the property is located. The proposed wall will not impact the view or privacy of
surrounding neighbors, and will permit the owners to enjoy their property without
deleterious infringement on the rights of surrounding property owners.
D. In granting the variance, the spirit and intent of the Zoning Ordinance will be
observed. The purpose of the Zoning Ordinance is to regulate development in an
orderly fashion and in a manner consistent with the goals and policies of the General
Plan. Approval of the variance will not impede any goals of the Zoning Ordinance or
the General Plan. Rather, the variance will allow the property owner to enjoy the same
rights and privileges afforded to other property owners in the vicinity, where the
topography of the lots dictate grading requirements for property stabilization and
erosion control and height of walls. The requested variance is not substantial and does
not undermine the spirit or intent of the Zoning Ordinance.
E. 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.
Section 8. A Variance to Section 17.16.230 is required because it states that no
import or export of soil shall be permitted in connection with any grading. The
applicant is requesting a Variance because a total of 340 cubic yards of dirt is proposed
to be exported from the property. With respect to this request for a Variance, the
Planning Commission finds as follows:
A. There are exceptional and extraordinary circumstances and conditions applicable
to this property that do not apply generally to the other properties in the same zone
because there is no feasible area on the lot to deposit the extra soil that will be generated
ZC No. 842, 26 Cinchring Rd. 5
• •
A. The conditions of approval specified herein shall be printed on all
construction plans and shall be available at the construction site at all times.
B. The Site .Plan Review and Variances approvals shall expire within two
years from the effective date of approval if construction pursuant to this approval has
not commenced within that time period, as required by Sections 17.46.080(A) and
17.38.070(A) of the Rolling Hills Municipal Code, or the approval granted is otherwise
extended pursuant to the requirements of those sections.
C. It is declared and made a condition of the approval, that if any conditions
thereof are violated, this approval shall be suspended and the privileges granted
hereunder shall lapse; provided that the applicants have been given written notice to
cease such violation, the opportunity for a hearing has been provided, and if requested,
has been held, and thereafter the applicant fails to correct the violation within a period
of thirty (30) days from the date of the City's determination.
D. All requirements of the Building and Construction Code, the Zoning
Code, and of the zone in which the subject property is located must be complied with,
including the Lighting Ordinance, unless otherwise set forth in this approval, or shown
otherwise on an approved plan.
E. The lot shall be developed and maintained in substantial conformance
with the site plan on file dated October 8, 2013. Prior to submittal of final working
drawings to the Building and Safety Department for issuance of grading and/ or
building permits, the plans for the project shall be submitted to City staff for
verification that the final plans are in compliance with the plans approved by the
Planning Commission.
F. The licensed professional preparing construction plans for this project for
Building Department review shall execute a Certificate affirming that the plans conform
in all respects to this Resolution approving this project and all of the conditions set forth
therein and the City's Building Code and Zoning Ordinance.
Further, the person obtaining a building and/ or grading permit for this project
shall execute a Certificate of Construction stating that the project will be constructed
according to this Resolution and any plans approved therewith.
G. The project must be reviewed and approved by the RHCA.
H. Grading shall not exceed a total of 880 cubic yard of cut and fill total; of
which 340 cubic yards may be exported as approved herein by a Variance. Cut and fill
slopes shall not exceed steepness as shown on the development plan dated October 8,
2013.
ZC No. 842, 26 Cinchring Rd. 7
I. Structural lot coverage shall not exceed 7,589 square feet or 13.4% of the
net lot area, in conformance with the zoning requirements.
J Total lot coverage of structures and paved areas shall not exceed 15,710
square feet, including the driveway or 26.8% in conformance with the zoning ordinance.
K. The retaining wall along the patio in the rear yard and along the enlarged
parking pad/tum out area may not exceed 5 feet in height at any one point from the
finished grade.
L. The disturbance of the net lot shall not exceed 24,602 square feet of surface
area or 42.0%, which includes the future stable, corral and access thereto.
M. Residential building pad coverage on the 11,132 square feet residential
building pad shall not exceed 6,922 square feet or 61.3%.
N. The applicant shall be required to conform to the City of Rolling Hills
Water Efficient Landscape Ordinance, Chapter 13.18 of the Municipal Code. The
applicant shall submit to the City two copies of a landscaping and irrigation plan and
water usage certification prior to obtaining grading permit. Within 90-days of
completion of the construction of the project, the applicant shall submit a landscaping
compliance certification.
O. All graded areas shall be vegetated utilizing to the greatest extent feasible
mature native and drought resistant plants. Plants shall be utilized, which are consistent
with the rural character of the community and meet the fire department requirements
for fire resistant plants. Any trees and shrubs used in the Landscaping scheme for this
project shall be planted in a way that will not result in a hedge like screening and as not
to impair views of neighboring properties but to screen the project site.
P. Minimum of 50% of the construction material spoils shall be recycled and
diverted. The hauler shall provide the appropriate documentation to the City.
Q. There shall be no dumping of any debris, trash, soil spoils, construction
materials or any other matter into the canyon.
R. No grading, construction or storage of any objects including building
materials shall take place in the easement, unless approved by the RHCA.
S. During construction, the property owners shall be required to schedule
and regulate construction and related traffic noise throughout the day between the
hours of 7 AM and 6 PM, Monday through Saturday only, when construction and
mechanical equipment noise is permitted, so as not to interfere with the quiet
residential environment of the City of Rolling Hills.
ZC No. 842, 26 Cinchring Rd. 8
• •
T. During grading and construction operations, trucks shall not park, queue
and/or idle at the project site or in the adjoining right-of-way before or after the
permitted hours of operations. To the maximum extent possible, staging of equipment
and parking of vehicles during construction shall be on site.
U. The applicant shall comply with grading requirements relative to
submitting grading and construction reports as required by the Building and Grading
Code.
V. The applicant shall submit a detailed drainage plan including hydrology
study to the City's drainage engineer, if required. This project shall meet the
requirements of the City's Low Impact Development portion of the Storm Water
Management and Pollution Control ordinance.
W. No drainage device may be located in such a manner as to contribute to
erosion or in any way affect an easement, trail or adjacent properties. The energy
dissipaters shall be designed in such a manner as to not cross over any equestrian trails
or easements. The drainage system(s) shall not discharge water onto a trail, shall
incorporate earth tone colors, including in the design of the dissipater and shall be
screened from any trail and neighbors views to the maximum extent practicable,
without impairing the function of the drainage system.
X. The property owners shall be required to conform to the Regional Water
Quality Control Board and County Public Works Department requirements for the
installation and post construction maintenance of stormwater drainage facilities.
Y. During construction, conformance with the air quality management
district requirements shall be complied with, so that people or property are not exposed
to undue vehicle trips, noise, dust, and objectionable odors.
Z. The property owners shall be required to conform to the Regional Water
Quality Control Board and County Public Works Department Best Management
Practices (BMPs) related to solid waste and storm water management, including erosion
control measures.
AA. The property owner and/or his/her contractor/applicant shall be
responsible for compliance with the no -smoking provisions in the Municipal Code.
AB. 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#FIR
E. It is the sole responsibility of the property owner and/or his/her contractor to
monitor the red flag warning conditions.
ZC No. 842, 26 Cinchring Rd. 9
AC. Until the applicants execute and record an Affidavit of Acceptance of all
conditions of this Site PIan Review and Variances approvals, as required by the
Municipal Code, the approvals shall not be effective.
AD. All conditions of the Site Plan and Variances approvals, that apply, shall
be complied with prior to the issuance of grading or building permit.
AE. Arty modification to the project, including but not be limited to
increase in grading quantities, limits of grading or disturbed area on the property
that varies from this approval and any future development on the property shall be
reviewed and approved by the Planning Commission, except as provided for in
Section 17.46.040C.
AF. Any action challenging the final decision of the City made as a result of
the public hearing on this application must be filed within the time limits set forth in
Section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure
Section 1094.6
PASSED, APPROVED AND ADOPTED THIS 19th DAY 0 O E [BER2013.
r
B r A P HEL CH
ATTEST:
*di that
HEIDI LUCE, CITY CLERK
ZC No. 842, 26 Cinchring Rd. 10
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
) §§
I certify that the foregoing Resolution No. 2013-18 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW
FOR GRADING AND CONSTRUCTION OF AN ABOVE GRADE DECK
AND REQUEST FOR VARIANCES TO EXPORT DIRT FROM THE SITE,
TO EXCEED THE MAXIMUM PERMITTED DISTURBANCE AND TO
EXCEED THE REQUIREMENT THAT WALLS BE ON THE AVERAGE
2.5 FEET IN HEIGHT IN ZONING CASE NO. 842, 26 CINCHRING
ROAD, (LOT 18-2 CH), ROLLING HILLS, CA. (BRUNNER). PROJECT
HAS BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT, (CEQA).
was approved and adopted at a regular meeting of the Planning Commission on
November 19, 2013 by the following roll call vote:
AYES: Commissioners Gray, Mirsch and Chairman Chelf.
NOES: iNbne.
ABSENT: None.
ABSTAIN: Smith.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
*fit, Ovici,
HEIDI LUCE
CITY CLERK
ZC No. 842, 26 Cinchring Rd. 11