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940, Construct a new 1325 sq ft det, Resolutions & Approval ConditionsRESOLUTION NO. 2018-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW, CONDITIONAL USE PERMIT, AND VARIANCES TO CONSTRUCT A NEW 1,325 SQUARE FOOT DETACHED GARAGE, TO BE LOCATED IN THE FRONT YARD WITH 490 CUBIC YARDS OF GRADING; TO EXCEED THE MAXIMUM PERMi i i Lv DISTURBANCE OF THE LOT; AND FOR MINOR ADDITIONS TO THE RESIDENCE IN ZONING CASE NO. 940 AT 38 PORTUGUESE BEND ROAD, LOT 18-RH, (WHEELER). 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. Steve Wheeler with respect to real property located at 38 Portuguese Bend Road, Rolling Hills (Lot 118-RH) requesting a Site Plan Review, Conditional Use Permit, and Variances for the construction of a new 1,325 square foot detached garage to be located in the front yard with 490 cubic yards of grading, add 105 square feet to the existing residence, add 196 square feet to the covered front porch area, and exceed the maximum 40% disturbance allowed up to 42.09%. Section 2. The Planning Commission conducted duly noticed public hearings held on April 17, July 17, and August 21, 2018. At the April 17, 2018 meeting, the public hearing was opened and the Planning Commission directed City staff to schedule a field visit to the subject property. The applicant requested a series of continuances due to changes to the project design resulting from the Fire Department and Public Health Department requirements. On July 17, 2018, the Planning Commission reopened the public hearing at the subject property in the morning. Two residents inquired about the proposed project with one neighbor inviting the Planning Commissioners, City staff, and members of the public to view the subject property from their lot. The Planning Commission did, indeed, visit the neighboring property as part of the field visit to the subject property and continued the hearing until the evening meeting on that same date. At that meeting, the Planning Commission provided direction to staff to prepare a resolution of approval for the proposed project. Neighbors within a 1,000-foot radius were notified of the public hearings and a notice was published in the Peninsula News on July 5, 2018. The applicants and their agents were notified of the public hearings in writing by first class mail and the applicants and agents were in attendance at the hearings. Evidence was heard and presented from all person interested in affecting said proposal, and from members of the City staff. Two residents inquired about the project expressed concern, of which one will be addressed by conditions of approval and the other was a private matter. Section 3. The property is zoned RAS-2 and the gross lot area is 5.08 acres (excluding the roadway easement). The net lot area is 4.43 acres or 192,980 square feet. The existing property is currently developed with a 5,112 square foot residence 761 square foot attached garage, swimming pool and pool house. An open recreation pavilion was approved several years ago, but has not been constructed yet. Resolution No. 2018-08 38 Portuguese Bend Road -1- Section 4. The Planning Commission finds that the project is exempt from the California Environmental Quality Act, (CEQA) pursuant to Class 3, Section 15303 (a) and (3) of the CEQA guidelines. Section 5. Site Plan Review. With respect to the Plans submitted for the development, the Planning Commission hereby approves the request for Site Plan Review in Zoning Case No. 940 to build the proposed project and makes the following findings: A. The proposed development is compatible with the General Plan, the Zoning Ordinance and surrounding uses because the proposed structures comply with the General Plan requirement of low profile, low -density residential development with sufficient open space between surrounding structures and maintaining sufficient setbacks to provide buffers between residential uses. The net lot area of the property is 4.43 acres which is within the requirements of the RAS-2 zone. None of the proposed new structures are in setbacks. The project conforms to Zoning Code lot coverage requirements. The net lot area of the property is 192,980 square feet. The structural net lot coverage is proposed at 5.86% (20% max. permitted); and the total lot coverage proposed, including the driveway would be 14.78%, (35% max. permitted). The disturbed area of the lot is proposed to be 42.09% which is above the 40% maximum disturbance, thus, a variance is included in the proposed project request. B. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. The configuration of the lot has been considered, and it was determined that the proposed development will not adversely affect or be materially detrimental to adjacent uses, buildings, or structures, because the proposed location of structures on the lot are consistent with surrounding development, and are of sufficient distance from nearby residences so that it will not impact the view or privacy of surrounding neighbors, and will allow the owners to enjoy their property without deleterious infringement on the rights of surrounding property owners. The project has a set aside area for a new stable and corral and thereby promotes equestrian uses, furthering the City's goal to remain an equestrian community. C. The proposed development, is harmonious in scale and mass with the site, and is consistent with the scale of the neighborhood when compared to new residences in the vicinity of said lot. The development plan takes into consideration the visibility from all roadway easements with the new detached garage being set back away from the roadway easement to reduce visibility. The residential and new porch addition are not visible from the roadway easement. D. The project preserves and integrates into the site design, to the greatest extent possible, existing topographic features of the site, including surrounding native vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls). The new detached garage will be located on an existing parking pad and will utilize an out of grade foundation in order to minimize grading. E. The grading on the property has been designed to follow natural contours of the site and to minimize the amount of grading required to create the building area. Grading will Resolution No. 2018-08 38 Portuguese Bend Road -2- be limited to the area immediately surrounding the proposed detached garage and along the driveway entrance to widen the driveway per Los Angeles County Fire Department standards. A 5-foot wide walkway is proposed along the garage leading to a stairway for fire safety. The remainder of the property will not be affected by grading and therefore will continue to follow the natural contours of the site as presently constructed. Contours are rounded and no drainage courses will be redirected. Out of grade foundations have been used, where practical, to aid in reducing disturbance for the garage development. The limitations of having an existing house and steep slopes surrounding the residence make the area of possible development quite small. F. Grading will not modify existing drainage channels nor redirect drainage flow, unless such flow is redirected into an existing drainage course. Grading will be limited to the area immediately surrounding the proposed detached garage and along the driveway entrance to widen the driveway per Los Angeles County Fire Department standards. A 5-foot wide walkway is proposed along the garage leading to a stairway for fire safety. The remainder of the property will not be affected by grading and therefore will continue to follow the natural contours of the site as presently constructed. Contours are rounded and no drainage courses will be redirected. Out of grade foundations have been used, where practical, to aid in reducing disturbance for the garage development. The limitations of having an existing house and steep slopes surrounding the residence make the area of possible development quite small. Storm water runoff will be collected in a biofiltration device and discharged through an erosion control unit to comply with the City's low impact development requirements. G. The project preserves surrounding native vegetation and mature trees and supplements these elements with drought -tolerant landscaping which is compatible with and enhances the rural character of the community, and landscaping provides a buffer or transition area between private and public areas. There will be no changes to the property as it relates to native vegetation and mature trees. The project will include an 18-inch planter around the side of the detached garage to screen the visible wall of the detached garage with landscaping. The existing vegetation is mainly along the perimeter of the lot, in the easements, where no grading is proposed. The area of development for the detached garage is currently free of most vegetation due to it being an existing parking pad. Trees and shrubs will be planted adjacent to the building to screen out the grade foundation. H. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles because there will be no change to the existing driveway apron. There is ample parking in the garage and there is parking for guests on site. I. The project conforms to the requirements of CEQA; as previously stated, the project is exempt from CEQA, 14 CCR Section 15303 (a)(3) of the CEQA guidelines. Section 6. Conditional Use Permit. Sections 17.16.210 (A)(4) of the Rolling Hills Municipal Code permits approval of a detached garage with a Conditional Use Permit. The proposed 1,325 square foot detached garage complies with all requirements of this section with exception to being located in the front yard in which a variance is requested. With respect to this request for a Conditional Use Permit, the Planning Commission finds as follows: Resolution No. 2018-08 38 Portuguese Bend Road -3- A. Conditionally permitted uses are not outright permitted by the Rolling Hills Municipal Code. The Planning Commission must consider applications for a Conditional Use Permit and may, with such conditions as are deemed necessary, approve a conditional use which will not jeopardize, adversely affect, endanger or otherwise constitute a menace to the public health, safety or general welfare or be materially detrimental to the property of other persons located in the vicinity of such use. B. The granting of a Conditional Use Permit for the detached garage would be consistent with the purposes and objectives of the Zoning Ordinance and General Plan because the use is consistent with similar uses in the community, and meets all the applicable code development standards for such uses, and is located in the area on the property that is adequately sized to accommodate such use. The proposed use is sufficiently separated from nearby structures. The detached garage will be constructed in furtherance of the Rolling Hills goal of encouraging sufficient parking for residences, guest houses, and visiting guests. C. The nature, condition, and development of adjacent structures have been considered, and the project will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures because the proposed detached garage use is located mostly in the middle of a 5.08 acre lot and the general location is of sufficient distance from nearby residences so as to not impact the view or privacy of surrounding neighbors, and conveniently located for enjoyment of the property owners. D. The site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed. The proposed uses comply with the low profile residential development pattern of the community and will not give the property an over -built look, and areas will remain open and unobstructed. The lot is 5.08 net acres and is sufficiently large to accommodate a 1,325 square foot, detached four -car garage.The detached garage will be compatible with the uses in the surrounding area because Rolling Hills encourages lots with a pool house to have additional garage spaces. E. The proposed conditional use complies with all applicable development standards of the. zone district including the requirements in Sections 17.16.210(A)(4) of the Zoning Ordinance, with exception to the proposed detached garage, which is located in the front yard in which a variance has been requested. F. The proposed conditional use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting criteria for hazardous waste facilities because the project site is not listed on the current State of California Hazardous Waste and Substances Sites List. G. The proposed conditional use observes the spirit and intent of this title. The property currently has a two -car garage, which does not meet the current design requirement since the property has a guest house. Providing the four -car garage on the existing parking pad will bring the property into compliance with the requirements applied to comparable properties. Section 7. 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 Resolution No. 2018-08 38 Portuguese Bend Road -4- 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. A variance from the requirements of Section 17.16.210(A)(4) of the Zoning Ordinance is required for detached garages (detached garages cannot be located in the front yard) and from Section 17.16.070 (maximum disturbance of 40% of the net lot area). With respect to the aforementioned request for a variance, the Planning Commission finds as follows: 1. There are exceptional circumstances and conditions on the subject property, including the natural slope, location of the building pad and the shape of the lot, all of which constrain development. The lot is oddly shaped which causes the location of the detached garage in the front yard area even though it is not located in the front yard setback. Additionally, the applicant has included the stable and corral set aside area in the disturbance calculations of 42.09%, without which, the proposed project would be within the allowable maximum disturbance. 2. 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. Properties with a residence and guest house are required to have at least three covered parking spaces. 3. 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 in that the garage and the planter wall around it are minimally visible from adjacent properties and do not negatively affect drainage or traffic circulation to and from the property. The walls of the garage will be further screened with vegetation in the planter directly adjacent to the garage. 4. In granting the variance, the spirit and intent of the Zoning Ordinance will be observed in that the design of the garage is orderly, attractive, and do not detrimentally affect the rural character of the community. The style is cohesive with the rural character, and will match the construction of the residence. 5. The variance will not grant special privilege to the applicant because as discussed the location of the new detached garage is outside of a setback, is adjacent to the residence, making it convenient and very likely usable as a garage and it is the future stable construction that pushes disturbance over the acceptable limit, which is minimal. 6. 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 because it does not affect any hazardous waste facilities. 7. The variance is consistent with the general plan of the City of Rolling Hills. Although the variance will permit more disturbance and allow a detached garage in the front yard, it will allow the property owner to make use of the existing parking pad where the Resolution No. 2018-08 38 Portuguese Bend Road -5- detached garage will be located. It will also bring the property into code compliance. Additionally, the limitations of having an existing house and steep slopes surrounding the residence make the area of possible development quite small. Finally, the project is still in line with the General Plari s requirement of low profile, low -density residential development with sufficient open space between surrounding structures and maintaining sufficient setbacks to provide buffers between residential uses. Section 8. Based upon the foregoing findings, and the evidence in the record, the Planning Commission hereby approves Zoning Case No. 940 request for the construction of a new detached garage of 1,325 square feet and a new residential additions of 105 square feet with a new 196 square foot covered porch and 490 cubic yards total of grading subject to the following conditions: A. This approval shall expire within two years from the effective date of approval unless the approval granted is otherwise extended pursuant to the requirements of RHMC Sections 17.38.070,17.42.070, and 17.46.080. 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, if any, 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 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 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 RHMC. C. All requirements of the Building and Construction Ordinance, the Zoning Ordinance, and of the zone in which the subject property is located must be complied with unless otherwise set forth in this permit, or shown otherwise on an approved plan. Construction fencing may be required. D. The lot shall be developed and maintained in substantial conformance with the site plan on file received on August 16, 2018 except as otherwise provided in these conditions. The working drawings submitted to the Department of Building and Safety for plan check review shall conform to the approved development plan. All conditions of the Site Plan Resolution No. 2018-08 38 Portuguese Bend Road -6- Review approval shall be incorporated into the building permit working drawings, and where applicable complied with prior to issuance of a grading or building permit from the building department. The conditions of approval of this Resolution shall be printed onto building plans submitted to the Building Department for review and shall be kept on site at all times. Any modifications and/or changes to the approved project, including resulting from field conditions, shall be discussed and approved by staff prior to implementing the changes. E. 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 Planning Commission. F. A licensed professional preparing construction plans for this project for Building Department review shall execute a Certificate affirming that the plans conform in all respects to this Resolution approving this project and all of the conditions set forth 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. Structural lot coverage of the lot shall not exceed 11,308 square feet or 5.86% of the net lot area, in conformance with lot coverage limitations (20% maximum). The total lot coverage proposed, including structures and flatwork, shall not exceed 28,532 square feet or 14.78%, of the net lot area, in conformance with lot coverage limitations (35% max). H. 490 cubic yards of grading shall take place for the proposed project. The disturbed area of the lot, including the stable and corral set aside shall not exceed 42.09%. I. A minimum of five-foot level path and/or walkway, which does not have to be paved, shall be provided around the entire perimeter of all structures, or as otherwise required by the Fire Department. J. The garage structure shall not be used as habitable space, and may not have a kitchen, and shall meet all of the requirements of Section 17.16.210(A4). K. The finished roof height of the proposed garage structure shall not exceed 15 feet at the highest ridgeline. L. The property on which the project is located shall contain an area of minimum of 1,000 square feet to provide an area meeting all standards for a stable (450 square feet) and corral (550 square feet) with access thereto. (720 s.f. previously proposed and set aside). Resolution No. 2018-08 38 Portuguese Bend Road -7- M. The applicant shall comply with all requirements of the Lighting Ordinance of the City of Rolling Hills (RHMC 17.16.190 E), pertaining to lighting on said property, roofing and material requirements of properties in the Very High Fire Hazard Severity Zone. N. All utility lines to the residence, and garage shall be placed underground, subject to all applicable standards and requirements. O. A drainage plan, if required by the Building Department, shall be prepared and approved by City Staff prior to issuance of a construction permit. Such plan shall be subject to LA County Code requirements. P. If applicable, the new landscaping shall be subject to the requirements of the City's Water Efficient Landscape Ordinance, (Chapter 13.18of the RHMC). Q. The setback lines and roadway easement lines in the vicinity of the construction for this project shall remain marked throughout the construction. The silhouette (story poles) shall be taken down and removed from the property immediately upon completion of the review process of the project R. Perimeter easements, including roadway 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 Rolling Hills Community Association. S. Any construction facility, such as a construction trailer/office or portable toilets, to a maximum extent practicable, shall be located in a manner not visible from the street, and be in a location satisfactory to City staff. T. Minimum of 65% of any construction materials must be recycled or diverted from landfills. The hauler of the materials shall obtain City's Construction and Demolition permits for waste hauling prior to start of work and provide proper documentation to the City. U. During construction, conformance with the air quality management district requirements, stormwater pollution prevention practices, county and local ordinances and engineering practices so that people or property are not exposed to undue vehicle trips, noise, dust, and objectionable odors shall be required. V. 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, when construction and mechanical equipment noise is permitted, so as not to interfere with the quiet residential environment of the City of Rolling Hills. W. The contractor shall not use tools that could produce a spark, including for clearing and grubbing, during red flag warning conditions. Weather conditions can be found at: http://www.wrh.noaa.gov/lox/main.php?suite=safety&page=hazard_definitions#FIRE. It is the sole responsibility of the property owner and/or his/her contractor to monitor the red Resolution No. 2018-08 38 Portuguese Bend Road -8- 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. X. The property owners shall be required to conform with the Regional Water Quality Control Board and County. Public Works Department Best Management Practices (BMP's) requirements related to solid waste, drainage and storm water drainage facilities management. Further the property owners shall be required to conform to the County Health Department requirements for a septic system, if a new septic system is required. Y. Prior to finaling of the project an "as constructed" set of plans and certifications, including certifications of ridgelines of the structures, shall be provided to the Planning Department and the Building Department to ascertain that the completed project is in compliance with the approved plans. In addition, any modifications made to the project during construction, shall be depicted on the "as built" plan. Z. Construction vehicles or equipment, employees vehicles, delivery trucks shall not impede any traffic lanes to the maximum extend practical; and if necessary to block traffic in order to aid in the construction, no more than a single lane may be blocked for a short period of time and flagmen utilized on both sides of the impeded area to direct traffic. AA. The applicant shall execute an Affidavit of Acceptance of all conditions of this permit pursuant to Zoning Ordinance, or the approval shall not be effective. The affidavit shall be recorded together with the resolution. AB. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills Municipal Code, any modification to this project or to the property, which would constitute additional structural development, grading, excavation of dirt and any modification including, but not be limited to retaining walls, drainage devices, pad elevation, size and any other deviation from the approved plan, shall require the filing of a new application for approval by the Planning Commission. AC. All code enforcement related construction commenced and/or permitted under previous approvals for the subject property must be completed prior to the beginning of any construction work for the proposed project. AD. The extended footing of the detached garage must be sufficiently screened by a planter wall and by landscaping as determined by City staff. PASSED, APPROVED AND ADOPTED THIS 21th DA r OF - . T 201 ATTEST: C TTE Hif.WeZt-- LL, CITY CLERK Resolution'No. 2018-08 38 Portuguese Bend Road -9- C ELF, CHAI1M'MAN 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. Resolution No. 2018-08 38 Portuguese Bend Road -10- STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS I certify that the foregoing Resolution No. 2018-08 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW, CONDITIONAL USE PERMIT, AND VARIANCES TO CONSTRUCT A NEW 1,325 SQUARE FOOT DETACHED GARAGE, TO BE LOCATED IN THE FRONT YARD WITH 490 CUBIC YARDS OF GRADING; TO EXCEED THE MAXIMUM PERMITTED DISTURBANCE OF THE LOT; AND FOR MINOR ADDITIONS TO THE RESIDENCE IN ZONING CASE NO. 940 AT 38 PORTUGUESE BEND ROAD, LOT 18-RH, (WHEELER). was approved and adopted at a regular meeting of the Planning Commission on August 21, 2018, by the following roll call vote: AYES: CARDENAS, COOLEY, SEABURN, AND CHAIR CHELF. NOES: NONE. ABSENT: KIRKPATRICK. ABSTAIN: NONE. and in compliance with the laws of California was posted at the following: Administrative Offices. TTE HALL, CITY CLERK Resolution No. 2018-08 38 Portuguese Bend Road -11-