908, Due slope failure, basement ad, Staff ReportsM1 •
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INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
Agenda Item No.: 5-B
Mtg. Date: 08-14-17
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR
THROUGH: RAYMOND R. CRUZ, CITY MANAGER
SUBJECT: RESOLUTION NO. 2017-11. A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A SITE
PLAN REVIEW FOR GRADING TO REPAIR A FAILED SLOPE, A
VARIANCE TO EXCEED THE MAXIMUM PERMITTED
DISTURBANCE OF THE LOT AND A STABLE USE PERMIT TO
ALLOW RECREATION USE IN A STRUCTURE CONSTRUCTED AS A
STABLE IN ZONING CASE NO. 908, AT 2950 PALOS VERDES DRIVE
NORTH, (LOT 1-D-1RH) (ROTTER).
ATTACHMENT:
Resolution
RECOMMENDATION, REQUEST AND PLANNING COMMISION ACTION
1. It is recommended that the City Council receive and file this report or provide
other direction to staff.
2. The applicants, Mr. and Mrs. Hans Rotter have submitted applications for a Site
Plan Review, Variance, and Stable Use Permit to allow improvements to their property
located at 2950 Palos Verdes Drive North. A Site Plan Review is required to allow
grading of 642 cubic yards total over a 6,295 square foot surface area to remediate a slope
failure contiguous and partially underlying the home and to construct a new 2,040
square foot basement area during the remedial work. A Variance is required because the
proposed grading will exceed the amount of disturbed area permitted on the property.
A Stable Use Permit is included with this application to allow a structure constructed as
• •
a stable in 1980 to continue to be used as a recreation room and to require building
permits for the upgrade of the structure.
3. The Planning Commission adopted Resolution No. 2017-11 approving the project
by all present with Commissioner Kirkpatrick absent and excused. They found that the
project is consistent with the City's General Plan and the repair, (which causes the
exceedance of disturbance), is necessary for the safety of the lot and the residents. The
basement addition is a common construction in the City, especially when the adjoining
slopes can easily accommodate such construction and where caissons would be required
to shore up the structure. The Stable Use Permit is an allowed use if it meets the
requirement for such conversion.
BACKGROUND
4. Subject property is located in the RA-S-1 Zone and has 40,528 square feet of net lot
area. The lot is developed with a single family residence and accessory structures and is
occupied.
5. The applicants request a Site Plan Review to permit grading of a 6,295 square foot
area contiguous to the existing home that has been subjected to slope failure and
construct a new basement. The interior of the house will be modified to provide access
from the house to the basement by adding 60 square feet for interior stairway. A total of
642 cubic yards of dirt (cut and fill) will be graded and balanced on site. The excavated
material from the area of the proposed basement will be used to repair and stabilize the
slope and backfill the basement area. Along the exterior of the new basement area, a 4'
wide walkway will be constructed. The exposed height of the basement wall on the
exterior will be 5-feet maximum. The slope area being repaired, after remediation, will
be restored to its pre -failure condition, with a maximum 2:1 slope.
6. The applicants conducted geological and soils explorations for the property. This
information will be submitted to the County geology and soils division and building and
safety department following Planning Commission/City Council approval. The City's
approval, if the project is approved, will be subject to meeting all of the LA County code
requirements for slope repair and soils and geology conditions. No other property is
affected by the slope failure.
7. The total disturbed area, including the existing house and all of the existing
impervious areas, will be 18,025 square feet or 44.5% of the net lot area, which requires a
Variance. Pursuant to the City's regulations, remedial grading is considered disturbance
and is included in the maximum disturbance calculations.
8. As part of the approval it is required that disturbed area be re -vegetated with
native drought tolerant plants and shrubs and that landscaping plan be submitted to the
City prior to grading. It is also a condition that during construction any stocked piled
dirt be covered when not used, that the dirt be watered for dust control, that erosion
ZC NO. 908
0
• •
control measures be implemented and all other storm water best management practices
adhered to, per the building code.
9. The property is developed with a 3,609 square foot residence, a 652 square foot
garage, a 530 square foot guest house, a 625 square foot stable that is being used as a
recreation room, 180 square foot breezeway, and a 96 square foot service yard. The
guest house was approved in 1978 as a "cabana/rumpus room" and a set aside area was
designated for a future stable and corral in the general area of the recreation room. At
that time no distinction was made between a guest house and recreation room. In 1980 a
stable was approved and sometime after that time it was converted into a recreation
room. Building permits from County of LA and RHCA were found for the stable and the
guest house. The applicant is requesting a Stable Use Permit to retain the use of the
previously approved stable as a "tack room" for passive recreation uses. The applicant
will be required to provide photographic evidence that shows that it can be converted
into a stable. Pursuant to Section 17.18.140(H) legally constructed one-story stable not
currently used as a stable may be used for passive recreation activities provided that the
following conditions are met:
H. Property owners of stables that do not conform to the provisions of this chapter due
to the size of the agricultural and the tack room space, plate height of the loft, size of
corral and access, or other requirements of this chapter, and that were constructed or
modified prior to September 7, 2011 and/or were used for a purpose other than
animal -keeping prior to September 7, 2011, may apply for a "stable use permit"
granting such structures the legal right to exist under this code that runs with the
land, with not having to provide additional area for a set aside for a future stable
and corral, if the following requirements are met:
1. The structure is not larger than eight hundred square feet.
2. The structure has one story only.
3. The owner pays a fee set by a resolution of the City Council that reimburses the
City for the reasonable costs of this permit.
4. Owner consents to an inspection including photographic records of the current
structure of the current use.
5. Owner must apply for and obtain building permits for any and all portions of
the structure that were modified without building permits.
6. The structure shall not be located in a setback or front yard, except if in the
permitted rear setback.
7. The structure shall not be used for sleeping.
8. The structure shall have a stable -like appearance from the exterior.
9. The structure shall not be modified further unless it is to accommodate animals
or to repair, remodel re -roof or generally maintain such structure within the
existing footprint.
ZC NO. 908
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10. The structure shall only be used for passive recreation or animal keeping
activities.
11. There is an area adjacent to the structure usable for a corral.
The City Manager shall be authorized to approve, conditionally approve or deny the
stable use permit on the basis of whether the requirements of this subsection (H) are met,
providing the applicant submitted signed statements from at least one owner of each
adjacent property and shall state that the owner is in support of the use. If such
statement is not submitted from at least one owner of each adjoining property then a
hearing shall be scheduled before the Planning Commission. Written notice shall be sent
by regular mail to all adjacent property owners a minimum of ten days prior to said
hearing. After such a hearing is held, the Planning Commission shall be authorized. to
approve, conditionally approve or deny a stable use permit on the basis of whether the
requirements of this subsection are met.
10. Notices were mailed to the adjacent property owners regarding the Stable Use
Permit request and for the public hearing. To date we have not received any inquiry
regarding this project. Per the code, if no objections are received, the applicant will be
required to work with staff to comply with the provisions of Section 17.18.140H.
11. The structural coverage on the lot will be 5,752 square feet or 14.2% and the total
coverage (structures and hardscape) will be 10,252 square feet or 25.3%, both in
compliance with the code. The residential building pad coverage will be 5,127sq. ft. or
29.8%, with the 60 square foot addition. The tack room structure is located on a 3,080
square foot building pad and has coverage of 20.3%.
12. Rolling Hills Community Association will review this project at a later date.
13. When reviewing a development application the Planning Commission consider
whether the proposed project meets the criteria for a Site Plan Review and Variances,
enclosed below.
14. The project has been determined to be categorically exempt pursuant to the
California Environmental Quality Act (CEQA).
ZC NO.908
SITE PLAN REVIEW
RA-S- 1 ZONE SETBACKS
Front: 50 ft. from front easement line
Side: 20 ft. from property line
Rear: 20 ft. from rear easement line
STRUCTURES
(Site Plan Review required if size of
structure increases by at least 1,000
sq.ft. and has the effect of increasing
the size of the structure by more than
25% in a 36-month period).
STRUCTURAL LOT COVERAGE
(20% maximum)
TOTAL LOT COVERAGE
(35% maximum)
BUILDING PADS (30% guideline)
Residential
Recreation Room
GRADING
Site Plan Review required if
excavation and/or fill or combination
thereof that is more than 3 feet in
depth and covers more than 2,000
sq.ft.) must be balanced on site.
DISTURBED AREA
(40% maximum; any graded building
pad area, any remedial grading
(temporary disturbance), any graded
slopes and building pad areas, and
any nongraded area where
impervious surfaces exist.)
STABLE (min. 450 SO.FT.
& 550 SO.FT. CORRAL)
EXISTING
SINGLE FAMILY RESIDENCE
AND ACCESSORY
STRUCTURES
Residence
Basement
Garage attached
Guesthouse
Recreation Room
Att. Cov Porches
Service yard
TOTAL
114%
22.7%
29.0%
20.3%
N/A
28.94%
11 PROPOSED
NEW BASEMENT, 60 SF
ADDITION, SLOPE REPAIR
STABLE USE PERMIT
3609 sq.ft. Residence
0 sq.ft *Basement
652 sq.ft Garage attached
530 sq.ft Guesthouse
625 sq.ft Stable
180 sq.ft Att. Cov Porches
96 sq.ft Service yard
Basement
5692 sq.ft. TOTAL
625 sq. ft. (stable/recreation
room)
550 sq. ft. corral -future
STABLE ACCESS N/A
ROADWAY ACCESS N/A
VIEWS N/A
PLANTS AND ANIMALS N/A •
* Basements are not included in the calculations for structural coverage
ZC NO. 908
3669 sq.ft.
2040 sq.ft.
652 sq.ft.
530 sq.ft.
625 sq. ft.
180 sq.ft.
96 sq.ft
2040 sq.ft.
5,752 sq.ft
5,752 sf w/allowances 14.2% of
40,528 sq.ft. net lot area
10,252 sf w/allowances or 25.3%
of 40,528 sq.ft. net lot area
29.3% of 16,860 sq.ft. pad
20.3% of 3,080 sq.ft pad
642 cy cut and fill, = balanced on
site.
44.5% (18,025 sq. ft.)
625 sq. ft. (stable/recreation
room)
550 sq. ft. corral -future
Proposed from driveway
Proposed from driveway
Planning Commission condition
Planning Commission condition
• •
SITE PLAN REVIEW CRITERIA
11.46.010 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.
1 T 46.050 Required findings.
A. The Commission shall be required to make findings in acting to approve,
conditionally approve, or deny a site plan review application.
B. No project which requires site plan review approval shall be approved by the
Commission, or by the City Council on appeal, unless the following findings can be made:
1. The project complies with and is consistent with the goals and
policies of the general plan and all requirements of the zoning ordinance;
2. The project substantially preserves the natural and undeveloped
state of the lot by minimizing building coverage. Lot coverage requirements are regarded as
maximums, and the actual amount of lot coverage permitted depends upon the existing
buildable area of the lot;
3. The project is harmonious in scale and mass with the site, the
natural terrain and surrounding residences;
4. The project preserves and integrates into the site design, to the
greatest extent possible, existing topographic features of the site, including surrounding native
vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls);
5. Grading has been designed to follow natural contours of the site
and to minimize the amount of grading required to create the building area;
6. Grading will not modify existing drainage channels nor redirect
drainage flow, unless such flow is redirected into an existing drainage course;
7. The project preserves surrounding native vegetation and mature
trees and supplements these elements with drought -tolerant landscaping which is compatible
with and enhances the rural character of the community, and landscaping provides a buffer or
transition area between private and public areas;
8. The project is sensitive and not detrimental to the convenient and
safe movement of pedestrians and vehicles; and
9. The project conforms to the requirements of the California
Environmental Quality Act.
CRITERIA FOR VARIANCES
17.38.050 Required findings. In granting a variance, the Commission (and Council on appeal)
must make the following findings:
ZC NO.908
C�
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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;
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;
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;
D. That in granting the variance, the spirit and intent of this title will be observed;
E. That the variance does not grant special privilege to the applicant;
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; and
G. That the variance request is consistent with the general plan of the City of Rolling
Hills.
SOURCE: City of Rolling Hills Zoning Ordinance
ZC NO.908
THIS PAGE INTENTIONALLY LEFT BLANK
• •
RESOLUTION NO. 2017-11
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A SITE PLAN REVIEW FOR GRADING
TO REPAIR A FAILED SLOPE, A VARIANCE TO EXCEED THE
MAXIMUM PERMITTED DISTURBANCE OF THE LOT AND A STABLE
USE PERMIT TO ALLOW RECREATION USE IN A STRUCTURE
CONSTRUCTED AS A STABLE IN ZONING CASE NO. 908, AT 2950
PALOS VERDES DRIVE NORTH, (LOT 1-D-1RH) (ROTTER).
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 Mr. and Mrs. Hans and Theresa
Rotter with respect to real property located at 2950 Palos Verdes Drive North, Rolling
Hills, requesting a Site Plan Review approval for grading of 642 cubic yards dirt (cut
and fill) over a 6,295 square foot surface area to repair a failed slope and to excavate and
finish a 2,040 square foot basement under the existing residence.
Also requested is a Stable Use Permit to allow a structure originally permitted as a
stable to be used for recreational purposes, pursuant to Section 17.18.140(H) of the
Rolling Hills Municipal Code.
Section 2. The Planning Commission conducted duly noticed public hearings
to consider the application on July 18, 2017 in the field and at an evening meeting on
July 18, 2017, at which the Resolution of Approval was reviewed by the Planning
Commission, and following discussion was adopted. 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 applicant's representative was in attendance at the hearings. No one
from the public came forward to address this project.
Section 3. The Planning Commission finds that the project qualifies as an
exemption, and is therefore categorically exempt from environmental review under the
California Environmental Quality Act.
Section 4. Subject property is located in the RA-S-1 Zone and has a permitted
structure that was built as a stable, but it has been used as a recreation room for many
years. The applicants are requesting to retain said use, and have therefore applied for a
Stable Use Permit, (Section 17.18.140(H) of the Rolling Hills Municipal Code).
Section 5. Section 17.46.020(A)(1) requires a Site Plan Review for grading
projects requiring a grading permit. With respect to the Site Plan Review application,
the Planning Commission makes the following findings of fact:
ZC 908, 2950 PV DR. N.
A. The proposed activity, as conditioned, is compatible with the General Plan
and the Zoning Ordinance. The Land Use Element of the General Plan establishes the
maintenance of strict grading practices to preserve the community's natural terrain. The
Building Code and the Zoning Ordinance require a balanced cut and fill ratio and do
not permit import or export of soil, except under special circumstances applicable to a
property and with a discretionary permission by the Planning Commission. It is
projected that all of the dirt will be used on site.
B. The proposed activity preserves and integrates into the site design, to the
maximum extent feasible, existing natural topographic features of the lot including
surrounding native vegetation, mature trees, drainage courses, and land forms (such as
hillsides and knolls). Although grading of the existing slope is necessary to correct slope
failure and for the installation of drainage devices, only 0.15 acres or 6,295 square feet
over the net parcel area will be affected by the grading, and is necessary to repair a
failed slope. The excavation for the basement does not require a discretionary review.
C. The development plan follows natural contours of the site to minimize
grading. The natural drainage courses will be preserved and continue drainage to the
canyon at the northeastern side of this lot. As a result of this activity drainage on site
will be corrected, thus, preventing erosion of the slopes and the drainage will be
directed to the canyon.
D. The development plan will, based upon compliance with the conditions
contained in this Resolution, supplement the existing vegetation with landscaping that
is compatible with and enhances the rural character of the community. Upon
completion of the project the graded slope will be re -vegetated with native vegetation.
E. The development plan substantially preserves the natural and
undeveloped state of the lot by minimizing building coverage because no new
structures are proposed.
F. The proposed project is harmonious in scale and mass with the site, the
natural terrain and other residences in the vicinity. Grading will be minor and required
only to repair the slope failure of the property.
Section 6. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal
Code permit approval of a Variance granting relief from the standards and
requirements of the Zoning Ordinance when exceptional or extraordinary
circumstances applicable to the property prevent the owner from making use of a parcel
of property to the same extent enjoyed by similar properties in the same vicinity or
zone. In proposing to remediate a failed surficial slope and make the lot safe from a
geotechnical standpoint, grading of the failed area is necessary, in which case the
proposed disturbance area would exceed the allowed amounts with an increases from
ZC 908, 2950 PV DR. N.
• i
29% to 44.5 where 40% maximum total lot disturbance is allowed. With respect to the
aforementioned request for the Variance, the Planning Commission finds as follows:
A. There are exceptional circumstances and conditions on the subject
property as follows:
Regarding the requested variance from Section 17.16.070 for disturbance limits,
the project does not meet the maximum disturbance allowed. The increase in
disturbance is due to the necessary repair of the failed slope, which pursuant to the
City's Ordinance is considered disturbance. The exceptional circumstance is that the
slope failed and it is necessary to repair it, so that further damage to the property, the
adjacent canyon and adjacent properties are prevented.
B. The variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property owners in the same vicinity and
zone but which is denied to the property in question by strict application of the code.
The property right which otherwise would not be enjoyed is the ability to retain a safe
and geotechnically stable lot. The proposed location of the repair is the least visually
intrusive to the property and its neighbors.
C. The granting of the Variance would not be materially detrimental to the
public welfare or injurious to the properties or improvements in such vicinity and zone
in which the property is located, on the contrary, not repairing the slope could result in
property damage to the applicants' and adjacent lots.
D. In granting of the Variance the spirit and intent of the Zoning Ordinance
will be observed in that the proposed activity is necessary to create a safe condition on
the lot and will not impact use of the existing structures.
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 7. Stable Use Permit: Pursuant to Section 17.18.140(H) of the Rolling
Hills Municipal Code, property owners of stables that do not conform to the provisions
of this chapter (17.18 of the RHMC) due to the size of the agricultural and the tack room
space, plate height of the loft, size of corral and access, or other requirements of this
chapter, and that were constructed or modified prior to September 7, 2011 and/ or were
used for a purpose other than animal -keeping prior to September 7, 2011, may apply for
a "stable use permit" granting such structures the legal right to exist under this code that
runs with the land, with not having to provide additional area for a set aside for a
future stable and corral, if the following requirements are met:
1. The structure is not larger than eight hundred square feet.
2. The structure has one story only.
ZC 908, 2950 PV DR. N.
3 9
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3. The owner pays a fee set by a' resolution of the City Council that reimburses the
City for the reasonable costs of this permit.
4. Owner consents to an inspection including photographic records of the current
structure of the current use.
5. Owner must apply for and obtain building permits for any and all portions of
the structure that were modified without building permits.
6. The structure shall not be located in a setback or front yard, except if in the
permitted rear setback.
7. The structure shall not be used for sleeping.
8. The structure shall have a stable -like appearance from the exterior.
9. The structure shall not be modified further unless it is to accommodate animals
or to repair, remodel re -roof or generally maintain such structure within the
existing footprint.
10. The structure shall only be used for passive recreation or animal keeping
activities.
11. There is an area adjacent to the structure usable for a corral.
The City Manager shall be authorized to approve, conditionally approve or deny
the stable use permit on the basis of whether the requirements of this subsection (H) are
met, providing the applicant submitted signed statements from at least one owner of
each adjacent property and shall state that the owner is in support of the use. If such
statement is not submitted from at least one owner of each adjoining property then a
hearing shall be scheduled before the Planning Commission. Written notice shall be
sent by regular mail to all adjacent property owners a minimum of ten days prior to
said hearing. After such a hearing is held, the Planning Commission shall be authorized
to approve, conditionally approve or deny a stable use permit on the basis of whether
the requirements of this subsection are met.
Section 8. The' applicant has not separately informed the adjacent neighbors
prior to the public hearing to obtain concurrence, but a separate notice was mailed to
the adjacent neighbors informing them of the request for the Stable Use Permit, with the
notice of the public hearing for the slope remediation. In the letter, the neighbors were
provided an opportunity to comment in writing or come to the public hearing and
address the request at that time. To date, the City has not received any inquiry
regarding this project or the stable use permit. If no objections are received, or if no
more than one objection is received but the Planning Commission concurs with the
continued use, the applicant will be required to comply with the provisions of Section
17.18.140H.
Section 9. Based upon the foregoing findings and the evidence in the record,
the Planning Commission hereby approves the Site Plan Review and Variance, as well
as Stable Use Permit, in Zoning Case No. 908 for grading and slope repair and to
ZC 908, 2950 PV DR. N.
• •
continue utilizing the stable structure for recreational uses as indicated on the
development plan incorporated herein, subject to the following conditions:
A. The Site Plan Review, Variance and Stable Use Permit approvals shall
expire within two year 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 of the Rolling Hills Municipal Code, or the approval granted
is otherwise extended the entitlement pursuant to the requirements of said sections.
B. If any condition of this resolution is violated, the entitlement granted by
this resolution shall be suspended and the privileges granted hereunder shall lapse and
upon receipt of written notice from the City, all construction work being performed on
the subject property shall immediately cease, other than work determined by the City
Manager or his/her designee required to cure the violation. The suspension and stop
work order will be lifted once the Applicant cures the violation to the satisfaction of the
City Manager or his/her designee. In the event that the Applicant disputes the City
Manager or his/her designee's determination that a violation exists or disputes how the
violation must be cured, the Applicant may request a hearing before the City Council.
The hearing shall be scheduled at the next regular meeting of the City Council for
which the agenda has not yet been posted; the Applicant shall be provided written
notice of the hearing. The stop work order shall remain in effect during the pendency
of the hearing. The City Council shall make a determination as to whether a violation
of this Resolution has occurred. If the Council determines that a violation has not
occurred or has been cured by the time of the hearing, the Council will lift the
suspension and the stop work order. If the Council determines that a violation has
occurred and has not yet been cured, the Council shall provide the Applicant with a
deadline to cure the violation; no construction work shall be performed on the property
until and unless the violation is cured by the deadline, other than work designated by
the Council to accomplish the cure. If the violation is not cured by the deadline, the
Council may either extend the deadline at the Applicant's request or schedule a hearing
for the revocation of the entitlements granted by this Resolution pursuant to Chapter
17.58 of the Rolling Hills Municipal Code (RHMC).
C. All requirements of the Buildings and Construction Ordinance, the
Zoning Ordinance, and of the zone in which the subject property is located must be
complied with unless otherwise set forth in the Permit, or shown otherwise on an
approved plan. These conditions of approval shall be printed on all construction plans.
D. Prior to submittal of final working drawings to Building and Safety
Department for issuance of 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 City Council.
ZC 908, 2950 PV DR. N.
E. The lot shall be developed and maintained in substantial conformance
with the site plan on file dated June 29, 2017, except as otherwise provided in these
conditions. 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 including conformance with
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.
F. The basement shall be reviewed and approved by the Rolling Hills
Community Association (RHCA) Architectural Committee prior to the issuance of
building permit. Perimeter easements and trails, if any, shall remain free and clear of
any improvements including, but not be limited to fences -including construction fences,
any hardscape, driveways, landscaping, irrigation and drainage devices, except as
otherwise approved by the RHCA.
G. The property owner shall defend, indemnify, and hold harmless the City
of Rolling Hills and its officers, employees and agents from and against any claim,
action or proceeding against the City of Rolling Hills, its officers, employees, or agents
to attack, set aside, void, or annul any approval or condition of approval of the City of
Rolling Hills concerning this Site Plan Review application, including but not limited to
any approval or condition of approval of the City Council, Planning Commission or
Planning Director, which action is brought within the time period provided for in
Government Code Section 66499.37. The City shall promptly notify the applicant of any
claim, action, or proceeding concerning the application and the City shall cooperate
fully in the defense of the matter.
H. Grading shall not exceed 6,295 square feet surface area, 642 cubic yards of
cut and fill and shall be balanced on site, unless approved by staff as a minor
modification. The project shall be completed to Building and Safety Engineer's
requirements and satisfaction.
I. The disturbed area of the lot, which includes the existing disturbed areas
and the proposed slope repair area, shall not exceed 18,025 square feet or 44.5% of the
net lot area in conformance with lot disturbance limitations.
J. A grading plan shall be reviewed and approved by the Building Dept.
Geology and Soils Sections prior to commencing any work on subject property, and be
completed per LA County grading requirements.
ZC 908, 2950 PV DR. N. 6 ` t I
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K. A drainage plan system shall be approved by the Drainage Engineer, to
include any water from the site irrigation systems and natural flow and all drainage
from the site shall be conveyed in an approved manner.
L. An Erosion Control Plan containing the elements set forth is Section 7010
of the 2016 County of Los Angeles Uniform Building Code shall be prepared to
minimize erosion and to protect slopes and channels to control stormwater pollution as
required by the Building Code.
M. Intensive geotechnical review and supervision may be required
throughout the time the project is ongoing.
N. Two copies of landscape plan for the graded/repaired area shall be
submitted for review by the Planning Department prior to the issuance of grading
permit. Mitigation areas shall be planted with native and drought tolerant plants.
O. To prevent construction equipment from going beyond the limits of the
remediation area, contractors shall use fencing or other barriers to the greatest extent
possible. There shall be no dumping of soil, construction material or any other debris
into the canyon.
P. The property owners shall be required to conform with South Coast Air
Quality Management District, Los Angeles County and local ordinances and
engineering practices during construction by using dust control measures to stabilize
the soil from wind erosion and reduce dust and objectionable odors generated by
construction activities. Stockpiles of soil, sand and similar materials shall be stabilized
by being enclosed, covered, watered twice daily, or with application of non -toxic soil
binders.
Q. During construction, all parking shall take place on the project site. The
common driveways shall not be impeded by construction trucks or contractors' vehicles
at any time and shall remain open. In the event that construction activities require the
use of the common driveway, a flagman shall be provided to assist with the traffic.
R. 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.
S. Should the repair activity be halted for any reason, (i.e. inclement
weather), the property owner shall take appropriate measures, as determined by the
Building Official, to minimize the seepage of any water into the area of slope failure.
ZC 908, 2950 PV DR. N.
• •
T. Notwithstanding the above conditions, any modification to the plan dated
June 29, 2017, as required by the applicants' soils engineer and Public Works
Department shall be reported to the Planning Commission by City staff.
U. 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/iox/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. Should a red flag warning be declared and if work is to
be conducted on the property, the contractor shall have readily available fire
distinguisher.
V. Prior to finaling of the project an "as graded" plan and certification shall
be provided to the Planning Department and the Building Department to ascertain that
the completed project is in compliance with the approved plans.
W. The applicant shall comply with the requirements of Section 17.18.140(H)
for the Stable Use Permit and all necessary modifications to the structure and area
adjacent thereto shall be completed at the same time as the slope repair is completed, or
no final inpsecton shall be granted for the project.
X. Until the applicants execute an Affidavit of Acceptance of all conditions of
this approval, the approvals shall not be effective.
Y. All conditions of the Site Plan, Variance and the Stable Use Permit
approvals, that apply, shall be complied with prior to the issuance of a grading or
building permit.
PASSED, APPROVED AND ADOPTED THIS 18TH DY J9k71-201
AD CHELHAIRIV,IAN
ATTEST:
HEIDI LUCE, CITY CLERK
Any action challenging the final decision of the City made as a result of the public
hearing on this application must be filed within the time limits set forth in Section
17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure Section
1094.6.
ZC 908, 2950 PV DR. N.
(1-D
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS
I certify that the foregoing Resolution No. 2017-11 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A SITE PLAN REVIEW FOR GRADING
TO REPAIR A FAILED SLOPE, A VARIANCE TO EXCEED THE
MAXIMUM PERMITTED DISTURBANCE OF THE LOT AND A STABLE
USE PERMIT TO ALLOW RECREATION USE IN A STRUCTURE
CONSTRUCTED AS A STABLE IN ZONING CASE NO. 908, AT 2950
PALOS VERDES DRIVE NORTH, (LOT 1-D-1RH) (ROTTER).
was approved and adopted at a regular meeting of the Planning Commission on July
18, 2017 by the following roll call vote:
AYES: Commissioners Cardenas, Cooley, Seaburn and Chairman Chelf.
NOES: None.
ABSENT: Commissioner Kirkpatrick.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
kz 1 L)
J
HEIDI LUCE,
CITY CLERK
ZC 908, 2950 PV DR. N.
Roae;‘, gee4
INCORPORATED JANUARY
24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
Agenda Item No.: 7E
Mtg. Date: 07-18-17
TO: HONORABLE CHAIRMAN AND MEMBERS OF THE
PLANNING COMMISSION
FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR
APPLICATION NO. ZONING CASE NO. 908
SITE LOCATION: 2950 PALOS VERDES DRIVE N. (LOT 1-D1-RH)
ZONING AND SIZE: RA-S-1, 1.16 ACRES (GROSS)
OWNER: MR. AND MRS. HANS ROTTER
REPRESENTATIVE: DALMO CHONG A.I.A, PROJECT ARCHITECT
PUBLISHED: July 7, 2017
REQUEST AND PLANNING COMMISSION REVIEW
The Planning Commission visited the site earlier today and commenced the
public hearing in the field.
1. The applicants, Mr. and Mrs. Hans Rotter submitted applications for a Site Plan
Review, Variance, and Stable Use Permit to allow proposed improvements to their
property located at 2950 Palos Verdes Drive North. A Site Plan Review is required to
allow grading of 642 cubic yards total over a 6,295 square foot surface area to remediate
a slope failure contiguous and partially underlying the home and secondarily, to
construct a new 2,040 square foot basement area during the remedial work. A Variance
is required because the proposed grading will exceed the amount of disturbed area
permitted on the property. A Stable Use Permit is included with this application to
allow a structure constructed as a stable in 1980 to continue to be used for recreation
uses and to require building permits for the upgrade of the structure.
2. It is recommended that the Planning Commission continue the public hearing,
take public testimony and provide direction to staff.
0
• •
Due to the urgency of the slope failure and condition of the house foundation, the
applicants desire to commence the project prior to the rainy season. To expedite the
review process, staff prepared a draft Resolution of approval for the project, subject to
Planning Commission's direction.
The Resolution contains standard findings, facts and conditions, including conditions
specific to this case such as:
The common driveway shall be passable at all times and not be impeded by
construction vehicles; flagmen to be present when driveway is to be
obstructed
- Landscaping plan to be submitted for the repaired slope
- Soils/geology report to be submitted to the Building Dept.
- Erosion control and storm water management measures shall be implemented
- All of the requirements for the Stable Use Permit must be met concurrently with
the project completion
BACKGROUND
3. The applicants request a Site Plan Review to permit grading of a 6,295 square foot
area contiguous to the existing home that has been subjected to slope failure and
construct a new basement. The lot is developed with a single family •residence and
accessory structures and is occupied. A total of 642 cubic yards of dirt (cut and fill) will
be graded and balanced on site. The excavated material from the area of the proposed
basement will be used to repair and stabilize the slope and backfill the basement area.
Along the exterior of the new basement area, a 4' wide walkway will be constructed.
The exposed height of the basement wall on the exterior will be 5-feet maximum. The
slope area being repaired, after remediation, will be restored to its pre -failure condition,
with a maximum 2:1 slope.
4. The applicants conducted geological and soils explorations for the property. This
information will be submitted to the County geology and soils division and building
and safety department following Planning Commission/City Council approval. The
City's approval, if the project is approved, will be subject to meeting all of the LA
County code requirements for slope repair and soils and geology conditions.
5. Subject property is located in the RA-S-1 Zone. The interior of the house will be
modified to provide access from the house to the basement by adding 60 square feet
for interior stairway.
6. The lot consists of 40,528 square feet of net lot area. The total disturbed area,
including the existing house and all of the existing impervious areas, will be 18,025
square feet or 44.5% of the net lot area, which requires a Variance.
Pursuant to the City's regulations, remedial grading is considered disturbance and is
included in the maximum disturbance calculations.
7. It will be required that the disturbed area be re -vegetated with native drought
tolerant plants and shrubs and that landscaping plan be submitted to the City prior to
grading. In addition it will be a requirement that during construction any stocked piled
dirt be covered when not used, that the dirt be watered for dust control, that erosion
control measures be implemented and all other storm water best management
practices adhered to, per the building code.
8. No other property is affected by the slope failure.
9. The property is developed with a 3,609 square foot residence, a 652 square foot
garage, a 530 square foot guest house, a 625 square foot stable that is being used as a
recreation room, 180 square foot breezeway, and a 96 square foot service yard. The
guest house was approved in 1978 as a "cabana/rumpus room" and a set aside area
was designated for a future stable and corral in the general area of the recreation room.
At that time no distinction was made between a guest house and recreation room. In
1980 a stable was approved and sometime after that time it was converted into a
recreation room. Building permits from County of LA and RHCA were found for the
stable and the guest house. The applicant is requesting a Stable Use Permit to retain the
use of the previously approved stable as a "tack room" for passive recreation uses. The
applicant will be required to provide photographic evidence that shows that it can be
used as a tack room.
Pursuant to Section 17.18.140(H) legally constructed one-story stable not currently used
as a stable may be used for passive recreation activities provided that certain
conditions are met. This section states as follows:
H. Property owners of stables that do not conform to the provisions of this
chapter due to the size of the agricultural and the tack room space, plate
height of the loft, size of corral and access, or other requirements of this
chapter, and that were constructed or modified prior to September 7, 2011
and/or were used for a purpose other than animal -keeping prior to
September 7, 2011, may apply for a "stable use permit" granting such
structures the legal right to exist under this code that runs with the land,
with not having to provide additional area for a set aside for a future stable
and corral, if the following requirements are met:
1. The structure is not larger than eight hundred square feet.
2. The structure has one story only.
3. The owner pays a fee set by a resolution of the City Council that
reimburses the City for the reasonable costs of this permit.
0
• •
4. Owner consents to an inspection including photographic records of the
current structure of the current use.
5. Owner must apply for and obtain building permits for any and all
portions of the structure that were modified without building permits.
6. The structure shall not be located in a setback or front yard, except if in
the permitted rear setback.
7. The structure shall not be used for sleeping.
8. The structure shall have a stable -like appearance from the exterior.
9. The structure shall not be modified further unless it is to accommodate
animals or to repair, remodel re -roof or generally maintain such
structure within the existing footprint.
10. The structure shall only be used for passive recreation or animal keeping
activities.
11. There is an area adjacent to the structure usable for a corral.
The City Manager shall be authorized to approve, conditionally approve or
deny the stable use permit on the basis of whether the requirements of this
subsection (H) are met, providing the applicant submitted signed statements
from at least one owner of each adjacent property and shall state that the owner
is in support of the use. If such statement is not submitted from at least one
owner of each adjoining property then a hearing shall be scheduled before the
Planning Commission. Written notice shall be sent by regular mail to all adjacent
property owners a minimum of ten days prior to said hearing. After such a
hearing is held, the Planning Commission shall be authorized to approve,
conditionally approve or deny a stable use permit on the basis of whether the
requirements of this subsection are met.
10. The applicant has not separately notified the adjacent neighbors prior to the
public hearing to obtain concurrence; but the City mailed a separate notice to the
adjacent neighbors, in addition to the notice of the public hearing for the slope
remediation. To date we have not received any inquiry regarding this project. If
no objections are received, or if no more than one objection is received but the
Planning Commission concurs with the continued use, the applicant will be
required to work with staff to comply with the provisions of Section 17.18.140H.
11. The structural coverage on the lot will be 5,752 square feet or 14.2% and
the total coverage (structures and hardscape) will be 10,252 square feet or 25.3%,
both in compliance with the code. The residential building pad coverage will be -
5,127sq. ft. or 29.8%, with the 60 square foot addition. The tack room/recreation
room structure is located on a 3,080 square foot building pad and has coverage of
20.3%.
12. Rolling Hills Community Association will review this project at a later
date.
13. When reviewing a development application the Planning Commission
must consider whether the proposed project meets the criteria for a Site Plan
Review and Variances, enclosed below
14 The project has been determined to be categorically exempt pursuant to
the California Environmental Quality Act (CEQA).
Zoning Case No. 908
SUE. PLAN REVIEW
RA-S- 1 ZONE SETBACKS
Front: 50 ft. from front easement line
Side: 20 ft. from property line
Rear: 20 ft. from rear easement line
STRUCTURES
(Site Plan Review required if size of
structure increases by at least 1,000
sq.ft. and has the effect of increasing
the size of the structure by more than
25% in a 36-month period).
STRUCTURAL LOT COVERAGE
(20% maximum)
TOTAL LOT COVERAGE
(35% maximum)
BUILDING PADS (30% Q uideline)
Residential
Recreation Room
GRADING
Site Plan Review required if
excavation and/or fill or combination
thereof that is more than 3 feet in
depth and covers more than 2,000
sq.ft.) must be balanced on site.
DISTURBED AREA
(40% maximum; any graded building
pad area, any remedial grading
(temporary disturbance), any graded
slopes and building pad areas, and
any nongraded area where
impervious surfaces exist.)
STABLE (min. 450 SQ.FT.
& 550 SQ.FT. CORRAL)
EXISTING
SINGLE FAMILY RESIDENCE
AND ACCESSORY
STRUCTURES
Residence
Basement
Garage attached
Guesthouse
Recreation Room
Att. Cov Porches
Service yard
TOTAL
14%
22.7%
29.0%
20.3%
3609 sq.ft.
0 sq.ft
652 sq.ft
530 sq.ft
625 sq.ft
180 sq.ft
96 sq.ft
5692 sq.ft.
PROPOSED
NEW BASEMENT, 60 SF
ADDITION, SLOPE REPAIR
STABLE USE PERMIT
Residence
*Basement
Garage attached
Guesthouse
Stable
Att. Cov Porches
Service yard
Basement
TOTAL
3669 sq.ft.
2040 sq.ft.
652 sq.ft.
530 sq.ft.
625 sq. ft.
180 sq.ft.
96 sq.ft
2040 sq.ft.
5,752 sq.ft
5,752 sf w/allowances 14.2% of
40,528 sq.ft. net lot area
10,252 sf w/allowances or 25.3%
of 40,528 sq.ft. net lot area
29.3% of 16,860 sq.ft. pad
20.3% of 3,080 sq.ft pad
N/A 642 cy cut and fill, = balanced on
site.
28.94%
625 sq. ft. (stable/recreation
room)
550 sq. ft. corral -future
44.5% (18,025 sq. ft.)
625 sq. ft. (stable/recreation
room)
550 sq. ft. corral -future
0
STABLE ACCESS N/ A
ROADWAY ACCESS N/A
VIEWS N/A
PLANTS AND ANIMALS N/A
* Basements are not included in the calculations for structural coverage
SITE PLAN REVIEW CRITERIA
Proposed from driveway
Proposed from driveway
Planning Commission condition
Planning Commission condition
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.
17.46.050 Required findings.
A. The Commission shall be required to make findings in acting to approve,
conditionally approve, or deny a site plan review application.
B. No project which requires site plan review approval shall be approved by
the Commission, or by the City Council on appeal, unless the following findings can be
made:
1. The project complies with and is consistent with the goals
and policies of the general plan and all requirements of the zoning ordinance;
2. The project substantially preserves the natural and
undeveloped state of the lot by minimizing building coverage. Lot coverage
requirements are regarded as maximums, and the actual amount of lot coverage
permitted depends upon the existing buildable area of the lot;
3. The project is harmonious in scale and mass with the site,
the natural terrain and surrounding residences;
4. The project preserves and integrates into the site design, to
the greatest extent possible, existing topographic features of the site, including
surrounding native vegetation, mature trees, drainage courses and land forms (such as
hillsides and knolls);
5. Grading has been designed to follow natural contours of
the site and to minimize the amount of grading required to create the building area;
6. Grading will not modify existing drainage channels nor
redirect drainage flow, unless such flow is redirected into an existing drainage course;
7. The project preserves surrounding native vegetation and
mature trees and supplements these elements with drought -tolerant landscaping which
is compatible with and enhances the rural character of the community, and landscaping
provides a buffer or transition area between private and public areas;
8. The project is sensitive and not detrimental to the
convenient and safe movement of pedestrians and vehicles; and
•
9. The project conforms to the requirements of the California
Environmental Quality Act.
CRITERIA FOR VARIANCES
17.38.050 Required findings. In granting a variance, the Commission (and Council on
appeal) must make the following findings:
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;
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;
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;
D. That in granting the variance, the spirit and intent of this title will be
observed;
E. That the variance does not grant special privilege to the applicant;
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; and
G. That the variance request is consistent with the general plan of the City of
Rolling Hills.
SOURCE: City of Rolling Hills Zoning Ordinance
THIS PAGE INTENTIONALLY LEFT BLANK
• •
RESOLUTION NO.2017-11.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A SITE PLAN REVIEW FOR GRADING
TO REPAIR A FAILED SLOPE, A VARIANCE TO EXCEED THE
MAXIMUM PERMITTED DISTURBANCE OF THE LOT AND A STABLE
USE PERMIT TO ALLOW RECREATION USE IN A STRUCTURE
CONSTRUCTED AS A STABLE IN ZONING CASE NO. 908, AT 2950
PALOS VERDES DRIVE NORTH, (LOT 1-D-1RH) (ROTTER).
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 Mr. and Mrs. Hans and Theresa
Rotter with respect to real property located at 2950 Palos Verdes Drive North, Rolling
Hills, requesting a Site Plan Review approval for grading of 642 cubic yards dirt (cut
and fill) over a 6,295 square foot surface area to repair a failed slope and to excavate and
finish a 2,040 square foot basement under the existing residence.
Also requested is a Stable Use Permit to allow a structure originally permitted as a
stable to be used for recreational purposes, pursuant to Section 17.18.140(H) of the
Rolling Hills Municipal Code.
Section 2. The Planning Commission conducted duly noticed public hearings
to consider the application on July 18, 2017 in the field and at an evening meeting on
July 18, 2017, at which the Resolution of Approval was reviewed by the Planning
Commission, and following discussion was adopted. 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 applicant's representative was in attendance at the hearings. No one
from the public came forward to address this project.
Section 3. The Planning Commission finds that the project qualifies as an
exemption, and is therefore categorically exempt from environmental review under the
California Environmental Quality Act.
Section 4. Subject property is located in the RA-S-1 Zone and has a permitted
structure that was built as a stable, but it has been used as a recreation room for many
years. The applicants are requesting to retain said use, and have therefore applied for a
Stable Use Permit, (Section 17.18.140(H) of the Rolling Hills Municipal Code).
Section 5. Section 17.46.020(A)(1) requires a Site Plan Review for grading
projects requiring a grading permit. With respect to the Site Plan Review application,
the Planning Commission makes the following findings of fact:
ZC 908, 2950 PV DR. N. 1
• •
A. The proposed activity, as conditioned, is compatible with the General Plan
and the Zoning Ordinance. The Land Use Element of the General Plan establishes the
maintenance of strict grading practices to preserve the community's natural terrain. The
Building Code and the Zoning Ordinance require a balanced cut and fill ratio and do
not permit import or export of soil, except under special circumstances applicable to a
property and with a discretionary permission by the Planning Commission. It is
projected that all of the dirt will be used on site.
B. The proposed activity preserves and integrates into the site design, to the
maximum extent feasible, existing natural topographic features of the lot including
surrounding native vegetation, mature trees, drainage courses, and land forms (such as
hillsides and knolls). Although grading of the existing slope is necessary to correct slope
failure and for the installation of drainage devices, only 0.15 acres or 6,295 square feet
over the net parcel area will be affected by the grading, and is necessary to repair a
failed slope. The excavation for the basement does not require a discretionary review.
C. The development plan follows natural contours of the site to minimize
grading. The natural drainage courses will be preserved and continue drainage to the
canyon at the northeastern side of this lot. As a result of this activity drainage on site
will be corrected, thus, preventing erosion of the slopes and the drainage will be
directed to the canyon.
D. The development plan will, based upon compliance with the conditions
contained in this Resolution, supplement the existing vegetation with landscaping that
is compatible with and enhances the rural character of the community. Upon
completion of the project the graded slope will be re -vegetated with native vegetation.
E. The development plan substantially preserves the natural and
undeveloped state of the lot by minimizing building coverage because no new
structures are proposed.
F. The proposed project is harmonious in scale and mass with the site, the
natural terrain and other residences in the vicinity. Grading will be minor and required
only to repair the slope failure of the property.
Section 6. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal
Code permit approval of a Variance granting relief from the standards and
requirements of the Zoning Ordinance when exceptional or extraordinary
circumstances applicable to the property prevent the owner from making use of a parcel
of property to the same extent enjoyed by similar properties in the same vicinity or
zone. In proposing to remediate a failed surficial slope and make the lot safe from a
geotechnical standpoint, grading of the failed area is necessary, in which case the
proposed disturbance area would exceed the allowed amounts with an increases from
ZC 908, 2950 PV DR. N.
2 !�
• •
29% to 44.5 where 40% maximum total lot disturbance is allowed. With respect to the
aforementioned request for the Variance, the Planning Commission finds as follows:
A. There are exceptional circumstances and conditions on the subject
property as follows:
Regarding the requested variance from Section 17.16.070 for disturbance limits,
the project does not meet the maximum disturbance allowed. The increase in
disturbance is due to the necessary repair of the failed slope, which pursuant to the
City's Ordinance is considered disturbance. The exceptional circumstance is that the
slope failed and it is necessary to repair it, so that further damage to the property, the
adjacent canyon and adjacent properties are prevented.
B. The variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property owners in the same vicinity and
zone but which is denied to the property in question by strict application of the code.
The property right which otherwise would not be enjoyed is the ability to retain a safe
and geotechnically stable lot. The proposed location of the repair is the least visually
intrusive to the property and its neighbors.
C. The granting of the Variance would not be materially detrimental to the
public welfare or injurious to the properties or improvements in such vicinity and zone
in which the property is located, on the contrary, not repairing the slope could result in
property damage to the applicants' and adjacent lots.
D. In granting of the Variance the spirit and intent of the Zoning Ordinance
will be observed in that the proposed activity is necessary to create a safe condition on
the lot and will not impact use of the existing structures.
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 7. Stable Use Permit: Pursuant to Section 17.18.140(H) of the Rolling
Hills Municipal Code, property owners of stables that do not conform to the provisions
of this chapter (17.18 of the RHMC) due to the size of the agricultural and the tack room
space, plate height of the loft, size of corral and access, or other requirements of this
chapter, and that were constructed or modified prior to September 7, 2011 and/or were
used for a purpose other than animal -keeping prior to September 7, 2011, may apply for
a "stable use permit" granting such structures the legal right to exist under this code that
runs with the land, with not having to provide additional area for a set aside for a
future stable and corral, if the following requirements are met:
1. The structure is not larger than eight hundred square feet.
2. The structure has one story only.
ZC 908, 2950 PV DR. N.
3
11
• •
3. The owner pays a fee set by a resolution of the City Council that reimburses the
City for the reasonable costs of this permit.
4. Owner consents to an inspection including photographic records of the current
structure of the current use.
5. Owner must apply for and obtain building permits for any and all portions of
the structure that were modified without building permits.
6. The structure shall not be located in a setback or front yard, except if in the
permitted rear setback.
7. The structure shall not be used for sleeping.
8. The structure shall have a stable -like appearance from the exterior.
9. The structure shall not be modified further unless it is to accommodate animals
or to repair, remodel re -roof or generally maintain such structure within the
existing footprint.
10. The structure shall only be used for passive recreation or animal keeping
activities.
11. There is an area adjacent to the structure usable for a corral.
The City Manager shall be authorized to approve, conditionally approve or deny
the stable use permit on the basis of whether the requirements of this subsection (H) are
met, providing the applicant submitted signed statements from at least one owner of
each adjacent property and shall state that the owner is in support of the use. If such
statement is not submitted from at least one owner of each adjoining property then a
hearing shall be scheduled before the Planning Commission. Written notice shall be
sent by regular mail to all adjacent property owners a minimum of ten days prior to
said hearing. After such a hearing is held, the Planning Commission shall be authorized
to approve, conditionally approve or deny a stable use permit on the basis of whether
the requirements of this subsection are met.
Section 8. The applicant has not separately informed the adjacent neighbors
prior to the public hearing to obtain concurrence, but a separate notice was mailed to
the adjacent neighbors informing them of the request for the Stable Use Permit, with the
notice of the public hearing for the slope remediation. In the letter, the neighbors were
provided an opportunity to comment in writing or come to the public hearing and
address the request at that time. To date, the City has not received any inquiry
regarding this project or the stable use permit. If no objections are received, or if no
more than one objection is received but the Planning Commission concurs with the
continued use, the applicant will be required to comply with the provisions of Section
17.18.140H.
Section 9. Based upon the foregoing findings and the evidence in the record,
the Planning Commission hereby approves the Site Plan Review and Variance, as well
as Stable Use Permit, in Zoning Case No. 908 for grading and slope repair and to
ZC 908, 2950 PV DR. N.
4 IZ
• •
continue utilizing the stable structure for recreational uses as indicated on the
development plan incorporated herein, subject to the following conditions:
A. The Site Plan Review, Variance and Stable Use Permit approvals shall
expire within two year 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 of the Rolling Hills Municipal Code, or the approval granted
is otherwise extended the entitlement pursuant to the requirements of said sections.
B. If any condition of this resolution is violated, the entitlement granted by
this resolution shall be suspended and the privileges granted hereunder shall lapse and
upon receipt of written notice from the City, all construction work being performed on
the subject property shall immediately cease, other than work determined by the City
Manager or his/her designee required to cure the violation. The suspension and stop
work order will be lifted once the Applicant cures the violation to the satisfaction of the
City Manager or his/her designee. In the event that the Applicant disputes the City
Manager or his/her designee's determination that a violation exists or disputes how the
violation must be cured, the Applicant may request a hearing before the City Council.
The hearing shall be scheduled at the next regular meeting of the City Council for
which the agenda has not yet been posted; the Applicant shall be provided written
notice of the hearing. The stop work order shall remain in effect during the pendency
of the hearing. The City Council shall make a determination as to whether a violation
of this Resolution has occurred. If the Council determines that a violation has not
occurred or has been cured by the time of the hearing, the Council will lift the
suspension and the stop work order. If the Council determines that a violation has
occurred and has not yet been cured, the Council shall. provide the Applicant with a
deadline to cure the violation; no construction work shall be performed on the property
until and unless the violation is cured by the deadline, other than work designated by
the Council to accomplish the, cure. If the violation is not cured by the deadline, the
Council may either extend the deadline at the Applicant's request or schedule a hearing
for the revocation of the entitlements granted by this Resolution pursuant to Chapter
17.58 of the Rolling Hills Municipal Code (RHMC).
C. All requirements of the Buildings and Construction Ordinance, the
Zoning Ordinance, and of the zone in which the subject property is located must be
complied with unless otherwise set forth in the Permit, or shown otherwise on an
approved plan. These conditions of approval shall be printed on all construction plans.
D. Prior to submittal of final working drawings to Building and Safety
Department for issuance of 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 City Council.
ZC 908, 2950 PV DR. N. 5 g
• •
E. The lot shall be developed and maintained in substantial conformance
with the site plan on file dated June 29, 2017, except as otherwise provided in these
conditions. 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 including conformance with
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.
F. The basement shall be reviewed and approved by the Rolling Hills
Community Association (RHCA) Architectural Committee prior to the issuance of
building permit. Perimeter easements and trails, if any, shall remain free and clear of
any improvements including, but not be limited to fences -including construction fences,
any hardscape, driveways, landscaping, irrigation and drainage devices, except as
otherwise approved by the RHCA.
G. The property owner shall defend, indemnify, and hold harmless the City
of Rolling Hills and its officers, employees and agents from and against any claim,
action or proceeding against the City of Rolling Hills, its officers, employees, or agents
to attack, set aside, void, or annul any approval or condition of approval of the City of
Rolling Hills concerning this Site Plan Review application, including but not limited to
any approval or condition of approval of the City Council, Planning Commission or
Planning Director, which action is brought within the time period provided for in
Government Code Section 66499.37. The City shall promptly notify the applicant of any
claim, action, or proceeding concerning the application and the City shall cooperate
fully in the defense of the matter.
H. Grading shall not exceed 6,295 square feet surface area, 642 cubic yards of
cut and fill and shall be balanced on site, unless approved by staff as a minor
modification. The project shall be completed to Building and Safety Engineer's
requirements and satisfaction.
I. The disturbed area of the lot, which includes the existing disturbed areas
and the proposed slope repair area, shall not exceed 18,025 square feet or 44.5% of the
net lot area in conformance with lot disturbance limitations.
J. A grading plan shall be reviewed and approved by the Building Dept.
Geology and Soils Sections prior to commencing any work on subject property, and be
completed per LA County grading requirements.
ZC 908, 2950 PV DR. N.
• •
K. A drainage plan system shall be approved by the Drainage Engineer, to
include any water from the site irrigation systems and natural flow and all drainage
from the site shall be conveyed in an approved manner.
L. An Erosion Control Plan containing the elements set forth is Section 7010
of the 2016 County of Los Angeles Uniform Building Code shall be prepared to
minimize erosion and to protect slopes and channels to control stormwater pollution as
required by the Building Code.
M. Intensive geotechnical review and supervision may be required
throughout the time the project is ongoing.
N. Two copies of landscape plan for the graded/repaired area shall be
submitted for review by the Planning Department prior to the issuance of grading
permit. Mitigation areas shall be planted with native and drought tolerant plants.
O. To prevent construction equipment from going beyond the limits of the
remediation area, contractors shall use fencing or other barriers to the greatest extent
possible. There shall be no dumping of soil, construction material or any other debris
into the canyon.
P. The property owners shall be required to conform with South Coast Air
Quality Management District, Los Angeles County and local ordinances and
engineering practices during construction by using dust control measures to stabilize
the soil from wind erosion and reduce dust and objectionable odors generated by
construction activities. Stockpiles of soil, sand and similar materials shall be stabilized
by being enclosed, covered, watered twice daily, or with application of non -toxic soil
binders.
Q. During construction, all parking shall take place on the project site. The
common driveways shall not be impeded by construction trucks or contractors' vehicles
at any time and shall remain open. In the event that construction activities require the
use of the common driveway, a flagman shall be provided to assist with the traffic.
R. 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.
S. Should the repair activity be halted for any reason, (i.e. inclement
weather), the property owner shall take appropriate measures, as determined by the
Building Official, to minimize the seepage of any water into the area of slope failure.
ZC 908, 2950 PV DR. N. 7
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T. Notwithstanding the above conditions, any modification to the plan dated
June 29, 2017, as required by the applicants' soils engineer and Public Works
Department shall be reported to the Planning Commission by City staff.
U. 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: httn://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. Should a red flag warning be declared and if work is to
be conducted on the property, the contractor shall have readily available fire
distinguisher.
V. Prior to finaling of the project an "as graded" plan and certification shall
be provided to the Planning Department and the Building Department to ascertain that
the completed project is in compliance with the approved plans.
W. The applicant shall comply with the requirements of Section 17.18.140(H)
for the Stable Use Permit and all necessary modifications to the structure and area
adjacent thereto shall be completed at the same time as the slope repair is completed, or
no final inpsecton shall be granted for the project.
X. Until the applicants execute an Affidavit of Acceptance of all conditions of
this approval, the approvals shall not be effective.
Y. All conditions of the Site Plan, Variance and the Stable Use Permit
approvals, that apply, shall be complied with prior to the issuance of a grading or
building permit.
PASSED, APPROVED AND ADOPTED THIS 18TH DAY OF JULY 2017.
BRAD CHELF, CHAIRMAN
ATTEST:
HEIDI LUCE, CITY CLERK
Any action challenging the final decision of the City made as a result of the public
hearing on this application must be filed within the time limits set forth in Section
17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure Section
1094.6.
ZC 908, 2950 PV DR. N. 8
• •
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2017-11 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A SITE PLAN REVIEW FOR GRADING
TO REPAIR A FAILED SLOPE, A VARIANCE TO EXCEED THE
MAXIMUM PERMITTED DISTURBANCE OF THE LOT AND A STABLE
USE PERMIT TO ALLOW RECREATION USE IN A STRUCTURE
CONSTRUCTED AS A STABLE IN ZONING CASE NO. 908, AT 2950
PALOS VERDES DRIVE NORTH, (LOT 1-D-1RH) (ROTTER).
was approved and adopted at a regular meeting of the Planning Commission on July
18, 2017 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.
HEIDI LUCE, CITY CLERK
ZC 908, 2950 PV DR. N. 9