940, Construct a new 1325 sq ft det, Staff Reportseetv 4 Roag9 qeetd
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
Agenda Item No. 5A
Mtg. Date: 09-24-18
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JULIA STEWART, ACTING PLANNING DIRECTOR
JOHN F. SIGNO, CONTRACT PLANNER
THRU: YOLANTA SCHWARTZ, INTERIM CITY MANAGER
SUBJECT: RESOLUTION 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 LOCATGED 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 AT 38
PORTUGUESE BEND ROAD IN ZONING CASE NO. 940, (LOT 18-RH) ROLLING HILLS,
CA (WHEELER).
APPLICATION NO.
SITE LOCATION:
ZONING AND SIZE:
APPLICANT:
REPRESENTATIVE:
PUBLISHED:
ATTACHMENT
ZONING CASE NO. 940
38 PORTUGUESE BEND ROAD (LOT 18-RH)
RAS-2, 5.08 ACRES (EXCL. ROADWAY EASEMENT)
MR. AND MRS. STEVE WHEELER
BOLTON ENGINEERING
JULY17,2018
Resolution No. 2018-08
RECOMMENDATION AND PROTECT DESCRIPTION
Recommendation
It is recommended that the City Council receive and file this report or provide other
direction to staff.
Proposed Project
ZC NO. 940 38 Portuguese Bend Road
1
The applicant is proposing a new 1,325 square foot, detached, four -car garage located in
the front yard area, which will require grading and flatwork. Additionally, the project
includes a remodel of an existing residence through a series of smaller additions, a
garage conversion, a larger covered porch area at the front entrance to the house, and
driveway improvements. Balanced grading is needed mostly in and around the area of
the new detached garage and consists of a total of 490 cubic yards.
Site Plan Review
The applicant is requesting a Site Plan Review to connect the house to the existing
garage via a 75-square-foot residential addition and add another 30 square feet to the
front of the existing garage for a total of 105 square feet of new livable area. The existing
761 square foot garage will then be converted to livable residential space for a total of
866 square feet additional residential livable space. Additionally, a 196-square-foot
covered porch will be added to the entrance of the residence and 945 square feet of
pavement will be added to the existing driveway for better circulation and
maneuverability. The proposed project includes 45 cubic yards of cut, 45 cubic yards of
fill, 200 cubic yards of over -excavation, and 200 cubic yards of recompaction. The
majority of the grading for the project will be for the newly proposed detached garage.
Conditional Use Permit
A Conditional Use Permit is requested for the construction of a 1,325 square foot one-
story detached garage pursuant to Section 17.16.210 (A)(4) of the Zoning Ordinance.
Variances
A Variance is needed to exceed the maximum permitted 40% disturbance of the lot
resulting from general grading for the proposed project. The applicant is proposing a
total overall disturbance of 42.09%, which includes grading for a future stable and
corral.
A second variance is required in order to construct the detached garage in the front
yard in front of the main residence. Pursuant to Section 17.16.210 (A)(4), a detached
garage cannot be located in the front yard.
BACKGROUND
Grading
Grading will be limited to the area immediately surrounding the proposed detached
garage and along the driveway entrance to widen the driveway to 20 feet per Fire
Department standards. A 5-foot-wide walkway is proposed along the northern portion
of the detached garage leading to a stairway to the west for fire safety. Grading will
occur in the walkway and stairway area in order to flatten the grade. Additional
grading will be done for the driveway in order to install a hammerhead turnaround for
fire department access.
2
ZC No. 940 38 Portuguese Bend Road
Zoning, Land Size and Existing Condition
The property is zoned RAS-2 and the lot area excluding the roadway easement is 5.08
acres. For development purposes the net lot area is 192,980 square feet or 4.43 acres.
The existing property is currently developed with a 5,112 square foot residence, 761
square foot attached garage, 848 square foot swimming pool and spa, and a 653 square
foot pool house.
Driveway and Motor Court
The applicants propose to retain the existing driveway, but to improve it in certain
areas. This includes the area past the approach from Portuguese Bend Road and the
area adjacent to the detached garage in order to accommodate a fire department
turnaround. The gravel driveway leading to the future stable will not be improved and
is not a part of the proposed project.
Past Property Reviews
Previous Approvals
In February 2014, after several modifications, the Planning Commission approved
balanced cut and fill to enlarge the swimming pool pad and construct an 800 sq.ft.
covered patio that would contain an outdoor kitchen and other amenities. A spa on a
lower pad behind the swimming pool and two retaining walls along the building pad
were also approved. The spa and the retaining walls will not be constructed.
Code Enforcement
Prior to the 2014 approval, the applicants of the property constructed two decorative
fountain features and large retaining walls with stairs leading from the residential pad
to the pool and pool house development pad. Through the code enforcement process,
the applicants received approval for the fountain and hardscape features which are still
under construction and must be completed prior to commencement of construction
should the current proposal be approved.
Subsequent to resolving the hardscape and fountain code enforcement items,
approximately 3,700 cubic yards of dirt were illegally imported to the lot, which caused
the property to be subject to new code enforcement proceedings. Following City
Council's declaration of a nuisance condition on the lot and order of abatement, the
applicants submitted revised plans to be able to utilize most of the imported dirt to
restore the slopes.
In Summer of 2017, the Planning Commission held two public hearings at the site,
deliberated the project at its regular meeting, and following discussion, suggested that
3
ZC No. 940 38 Portuguese Bend Road
the applicant amend the scope of the project so that it resembles the previously
approved entitlement.
The applicants made several revisions to the plans based on Planning Commission
feedback and at the October 17, 2017 meeting, the Planning Commission adopted a
Resolution approving the request with conditions, including export of some of the
illegally dumped dirt. The conditions include a requirement that prior to finalizing the
project the applicants must certify grading and slopes, vegetate the slopes, inform City
and RHCA staff when the dirt is to be exported, and implement Best Management
Practices during the hauling of the dirt.
Currently, the applicant is the process of restoring the slope.
A stable and corral area was set -aside at the northern corner of the property, with access
through a gravel access way along the pool pad. This set aside area is included in the
current proposal.
MUNICIPAL CODE COMPLIANCE
Grading and Stabilization
Grading will be limited to the detached garage location and surrounding area. The
project includes a total of 45 cubic yards of cut and 45 cubic yards of fill. The pad for the
detached garage will be over -excavated and recompacted with a balance of 200 cubic
yards for stabilization. No dirt will be imported or exported for this project.
Disturbance
A Variance is required because the maximum permitted disturbance is 40% of the net
lot area. The existing disturbance for the site is 39.13%; the proposed project will add
2.96% of disturbance, or 5,712 square feet. Thus, the proposed project will result in a
total disturbed area of 42.09% or 81,232 square feet, which includes grading for a future
stable and corral and an increase in grading around the proposed detached garage, to
provide a planter with landscaping to screen the out of grade corner of the garage, as
requested by the Planning Commission. The disturbance for the site is also impacted by
the 80-foot wide roadway easement traversing the property, the area of which is
deducted for the net lot area calculations.
Height
The finished height of the proposed detached garage is a maximum of 15 feet to the
ridgeline and 13 feet to the ridgelines of the side roof hip extensions.
Drainage
Storm water runoff will be collected in a biofiltration device and discharged through an
erosion control unit to comply with City's Low Impact Development requirements. The
4
ZC No. 940 38 Portuguese Bend Road
grading and drainage plan for the proposed project will be reviewed by Los Angeles
County.
Lot Coverage
Structural coverage on the lot is proposed to be 11,308 square feet or 5.86%, which
includes all of the structures (including a future 720 square foot stable). The total lot
coverage, including structures and hardscape will be 29,111 square feet or 15.08%.
The proposed project will be entirely on the building pad where the main residence is
located. The proposed project will add 1,065 square feet to the existing 29,340 square
foot building pad, bringing the total to 30,405 square feet. The proposed project will add
1,539 square feet of new structures, bringing the total structures on the pad to 8,137
square feet. This equates to a building pad coverage of 26.76%.
The pool pad and future stable pad are not proposed to change, remaining at 26.4% and
26.8%, respectively.
Walls
There is a proposed wall located along the northern elevation of the proposed detached
garage that will serve as a footing to stabilize the dirt underneath the detached garage.
The average wall height is 2.5 feet and the maximum height is 5 feet.
Stable Access
Stable access is proposed along an existing gravel pathway located to the north of the
proposed detached garage. No changes to the gravel pathway are proposed as a result
of this project. A future stable may have to meet Fire Department requirements for
access but has not been evaluated and is not part of the proposed project.
CONDITIONAL USE PERMIT SUMMARY
A Conditional Use Permit is required for construction of a detached garage.
Detached Garage Requirements
Pursuant to Section 17.16.210 (A)(4) of the Zoning Ordinance, detached garages are
required to meet the following:
REQUIREMENTS PROPOSED
a. Shall not be located in the front yard or The proposed detached garage will be
any setback located in the front yard area between the
roadway easement and the main residence.
A Variance request is included in the
application.
b. A sink and toilet shall be permitted None proposed.
5
ZC No. 940 38 Portuguese Bend Road
c. A kitchen or kitchenette shall not be None proposed.
permitted
d. No sleeping quarters or renting of the None proposed.
structures shall be permitted
e. The Planning Commission shall have The Planning Commission did not alter the
the ability to limit the size of the proposed project.
detached garage in relationship to the
size of the residence, topography, size
of the lot and other conditions.
Utility Lines/ Septic Tank
It will be a requirement that utility lines to all of the proposed structures be placed
underground if they are not already located underground. The septic system will have
to be relocated as a result of the new detached garage.
General
Non -conforming Conditions
The approved grading and hardscape to eliminate the illegal non -conforming
conditions to the pool pad and area overlooking it, must be completed prior to any
permit signoffs for the currently proposed project should it be approved. This is in
order to resolve the illegal non -conforming conditions.
Justification from the Applicant
"The project, aside from the detached garage being located in the front yard, is
compatible with the General Plan, Zoning Ordinance and surrounding uses. The new
garage will bring the residence close in size to those adjacent on Portuguese Bend Road
and bring the property into compliance with current codes related to guest house and
number of garages. The garage and all additions are proposed to be built outside of all
setbacks and the new garage will be at an elevation of 1 foot below the elevation of the
existing residence.
From a site coverage standpoint the proposed development is below the allowable 35%
total coverage allowance. The individual pads also meet the guideline of 30% coverage.
The setbacks are on par with those surrounding it in the RAS-2 Zone, 35 feet from the
side yards and 50 feet for front and rear, and 25 feet from the rear for equestrian uses.
The project preserves and integrates into the site design existing topographic features
by developing on portions of the property which have been developed before. 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.
6
ZC No. 940 38 Portuguese Bend Road
The site development plan follows the natural contours of the site by concentrating the
development in areas that are flatter and/or previously developed. Contours are
rounded and no drainage courses will be re -directed. 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 said residence
make the area of possible development quite small.
The project preserves the native vegetation by minimizing the grading in areas of
vegetation and maintaining buffer zones between properties. The existing vegetation is
mainly along the perimeter of the lot, in the easements, where we are not proposing any
grading in the majority of that area due to restrictions from the RHCA. The area of
development for the detached garage is currently free of most vegetation due to it being
an existing parking pad. Trees / shrubs will be planted adjacent to the building, as
allowed by Fire Code to help screen the out of grade foundations.
Building coverage is minimized by the garage addition being proportional to the net lot
area, building pad coverage is 24.7% for the residence pad. Due to the location of the
new garage we are actually removing a portion of the existing driveway. There will be a
new widened 20 foot fire access road with a hammerhead turnaround that will service
the residence and new garage.
The proposed development is outside of all setbacks and has the same setbacks as the
neighboring residences compliant with the RAS-2 zoning.
The Site Plan is sensitive and not detrimental to convenience and safety of circulation of
pedestrians and vehicles as the proposed addition is adjacent to the existing house and
will be required to widen the driveway to 20 feet for fire department access. The
development is still located behind the entry arbor for the site so pedestrians will not be
affected by construction. The new garage will allow for more cars to be parked inside as
opposed to on the current parking pad.
The extraordinary circumstances which do not apply to general other properties is that
this property was developed toward the rear and side yard setbacks, with a portion of
the existing garage being located in the side yard setback. There is not room to add any
additional garage space where the existing garage is. It is proposed to locate the new
garage in the front yard, however outside of all setbacks in a location that is currently
used as a parking pad. The property also currently only has a two -car -garage, which is
not up to the current code of requiring a three -car garage if there is a guest house on the
property. It is desired to house the vehicles stored on the parking pad in a garage
instead.
7
ZC No. 940 38 Portuguese Bend Road
Due to the layout of the lot, topography, setbacks, an existing house there are minimal
places to add on while staying out o setbacks and steep topography. Most properties in
Rolling Hills have a three -care garage, especial those in the RAS-2 zone.
The variance will not be detrimental due to the fact that the proper building and OSHA
codes being followed during the construction process. The areas being disturbed will be
planted to stabilize the slopes and help to prevent erosion along with removing cars
from sitting outside which typically is not desired.
The proposed detached garage and residential additions are compatible with the
general plan and zoning ordinance, other than being located in the front yard."
Rolling Hills Community Association Review
Rolling Hills Community Association will review this project at a later date.
Planning Commission Responsibilities
When reviewing a development application, the Planning Commission must consider
whether the proposed project meets the criteria for a Site Plan Review, Conditional Use
Permit, and Variances as attached below.
Environmental Review
The project has been determined to be categorically exempt pursuant to the California
Environmental Quality Act (CEQA) Guidelines, Sections 15301,15303, and 15304.
SPR, CUP & VR
RA-S- 2 ZONE SETBACKS
Front: 50 ft. from front easement line
Side: 35 ft. from side property line
Rear: 50 ft. from rear property line
SPR required for grading, pool,
covered patio, misc. structures &
walls.
Variance is required for height of
walls and import of dirt.
GRADING
Site Plan Review required if
excavation and/or fill or combination
thereof that is more than 3 feet in
Project Summary
EXISTING OR PREVIOUSLY
APPROVED
SINGLE FAMILY RESIDENCE,
GARAGE, POOL HOUSE,
POOL, COVERED PATIO
Residence 5,112 s.f.
Garages 761 s.f.
Pool/spa 848 s.f.
Guest House 653 s.f.
Pool equip. 90 s.f.
Stable -future 0 s.f.
Attached porch 525 s.f.
Entry 87 s.f.
Covered patio 860 s.f.
Service yard 113 s.f.
TOTAL 9,049 s.f.
Previously approved for various
projects
PROPOSED TOTAL
ADDITIONS, DETACHED
GARAGE, GRADING
Residence 5,978 s.f.
Garages 1,325 s.f.
Pool/spa 848 s.f.
Guest House 653 s.f.
Pool equip. 90 s.f.
Stable -future 720 s.f.
Attached porch 721 s.f.
Entry 0 s.f.
Covered patio 860 s.f.
Service yard 113 s.f.
TOTAL 11,308 s.f.
245 cy of cut; 245 cy of fill
ZC No. 940 38 Portuguese Bend Road
depth and covers more than 2,000 sq.
ft.) must be balanced on -site.
STRUCTURAL LOT COVERAGE
(20% maximum)
TOTAL LOT COVERAGE
(35 % maximum)
BUILDING PAD COVERAGE (30%
maximum -guideline)
Residential
Pool pad
Stable pad
DISTURBED AREA
(40% maximum; any graded building
pad area, any remedial grading
(temporary disturbance), any graded
slopes and building pad areas, and
any non -graded area where
impervious surfaces exist.)
STABLE (min. 450 S.F.
& 550 S.F. CORRAL)
STABLE ACCESS
ROADWAY ACCESS
VIEWS
PLANTS AND ANIMALS
4.69% of 192,980 s.f. net lot area
5.86% of 192,980 s.f. net lot area
13.53% of 192,980 s.f. net lot area 14.78% of 192,980 s.f. net lot area
22.5% of 29,340 s.f. pad
26.4% of 9,272 s.f. pad
Future
39.13% incl. future stable
(192,980 sq. ft. net lot area)
N/A
Existing driveway approach
N/A
N/A
26.8% of 30,405 s.f. pad
26.4% of 9,272 s.f. pad
Future
42.09% or 81,232 s.f. incl. future
stable and area around proposed
garage (192,980 sq. ft. net lot area)
Future 720 s.f. & min 550 s.f.
corral
Proposed from Port. Bend Rd.
Existing driveway approach
Planning Commission review
Planning Commission review
SITE PLAN REVIEW CRITERIA
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
9
ZC No. 940 38 Portuguese Bend Road
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 APPROVAL OF CONDITIONAL USE PERMIT:
17.42.050 Basis for approval or denial of conditional use permit.
The Commission (and Council on appeal), in acting to approve a conditional use permit
application, may impose conditions as are reasonably necessary to ensure the project is
consistent with the General Plan, compatible with surrounding land use, and meets the
provisions and intent of this title. In making such a determination, the hearing body shall find
that the proposed use is in general accord with the following principles and standards:
A. That the proposed conditional use is consistent with the General Plan;
B. That the nature, condition and development of adjacent uses, buildings and
structures have been considered, and that the use will not adversely affect or be materially
detrimental to these adjacent uses, building or structures;
C. That the site for the proposed conditional use is of adequate size and shape to
accommodate the use and buildings proposed;
D. That the proposed conditional use complies with all applicable development
standards of the zone district;
E. That the proposed use is consistent with the portions of the Los Angeles County
Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste
facilities;
F. That the proposed conditional use observes the spirit and intent of this title.
CRITERIA FOR VARIANCES
17.38.050 Required findings.
In granting a variance, the Commission (and Council on appeal) must make the
following findings:
10
ZC No. 940 38 Portuguese Bend Road
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
11
ZC No. 940 38 Portuguese Bend Road
•
ail Re flay qc e,
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
Agenda Item No. 6A
Mtg. Date: 08-21-18
TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING
COMMISSION
FROM: JULIA STEWART, ACTING PLANNING DIRECTOR
JOHN F. SIGNO, CONTRACT PLANNER
APPLICATION NO.
SITE LOCATION:
ZONING AND SIZE:
APPLICANT:
REPRESENTATIVE:
PUBLISHED:
ATTACHMENT:
ZONING CASE NO. 940
38 PORTUGUESE BEND ROAD (LOT 118-RH)
RAS-2, 5.08 ACRES (EXCL. ROADWAY EASEMENT)
MR. AND MRS. STEVE WHEELER
BOLTON ENGINEERING
JULY 5, 2018
RESOLUTION NO. 2018-08
REQUEST AND RECOMMENDATION
Applicant Request
The applicant is requesting approval of the resolution for the following:
Proposed Project
The applicant is proposing a new 1,325 square foot, detached, four -car garage located in
the front yard area, which will require grading and flatwork. Additionally, the project
includes a remodel of an existing residence through a series of smaller additions, a
garage conversion, a larger covered porch area at the front entrance to the house, and
driveway improvements. Balanced grading is needed mostly in and around the area of
the new detached garage and consists of a total of 500 cubic yards.
Site Plan Review
The applicant is requesting a Site Plan Review to connect the house to the existing
garage via a 75-square-foot residential addition and add another 30 square feet to the
front of the existing garage for a total of 105 square feet of new livable area. The existing
761 square foot garage will then be converted to livable residential space for a total of
866 square feet additional residential livable space. Additionally, a 196-square-foot
ZC NO. 917 5 Pine Tree Lane
1/15
1
covered porch will be added to the entrance of the residence and 1,040 square feet of
pavement will be added to the existing driveway for better circulation and
maneuverability. The proposed project includes 250 cubic yards of cut, 250 cubic yards
of fill, 200 cubic yards of over -excavation, and 200 cubic yards of recompaction. The
majority of the grading for the project will be for the newly proposed detached garage.
Conditional Use Permit
A Conditional Use Permit is requested for the construction of a 1,325 square foot one-
story detached garage pursuant to Section 17.16.210 (A) (4) of the Zoning Ordinance.
Variances
A Variance is needed to exceed the maximum permitted 40% disturbance of the lot
resulting from general grading for the proposed project. The applicant is proposing a
total overall disturbance of 42.09%, which includes grading for a future stable and
corral and 200 square feet of additional disturbance resulting from a modification to the
area around the detached garage in response to suggested changes by the Planning
Commission.
A second variance is required in order to construct the detached garage in the front
yard in front of the main residence. Pursuant to Section 17.16.210 (A) (4), a detached
garage cannot be located in the front yard.
Recommendation
It is recommended that the Planning Commission review and consider the attached
Resolution No. 2018-08.
BACKGROUND
Planning Commission Review
At the April 17, 2018 regular evening Planning Commission meeting, a 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 inthe morning and continued the hearing until the evening
meeting on that same date. At that meeting, the Planning Commission directed City
staff to prepare a resolution of approval. 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. The two residents who inquired about the project expressed concern
in the following areas:
2
ZC No. 940 38 Portuguese Bend Road
2/15
• •
• Completion of the construction work commenced under previous approvals for
the subject property
• Locations of trees along the property boundaries
At the field visit, the Planning Commissioners expressed concern about the visibility of
the side of the detached garage due to a large footing that exposed a significant amount
of the garage wall. The applicant responded by providing an 18-inch planter around the
area of concern thereby pushing out the proposed walkway. As a result, the disturbance
is slightly higher but the visible wall of the garage can now be screened with
landscaping.
These concerns regarding the timing of previously approved construction work and the
visibility of the detached garage wall are reflected in the conditions of approval
contained in the draft resolution. The location of the tree was determined to be a private
matter to be resolved between neighboring property owners and does not affect the
proposed project.
Justification from the Applicant
"The proposed conditional uses are consistent with the General Plan other than being
located in the front yard.
The proposed garage will be used for the storage of vehicles and will meet all
requirements for the Conditional Use Permit, other than being located in the front yard.
It will have the appearance of a garage and meet all of the requirements of the City
Code & RHCA requirements. The proposed height is 14 feet.
The surrounding properties all have large garages and houses of the same approximate
size. The property currently only has a two -car garage, which does not meet current
code due to having a guest house. There is an existing parking pad which is where we
are proposing to locate said detached garage in order to work to bring the property into
code compliance.
The existing site has a net lot area of 4.43 acres. The proposed detached garage will be
located adjacent to the residence and on a partially existing parking pad. With the new
building additions, the pad coverage will only be 24.7% and the total flatwork and
structural coverage is 15.1%, both being well below the allowable [limits]. In looking at
where to locate the new garage, the location of the current house in relation to the
setbacks and slopes posed a hindrance and we could not add on to the existing garage
without encroaching further into the side yard setback. Despite being located in the
front yard we have kept the detached garage outside of the all setbacks.
Other than being located in the front yard, all other development standards for RAS-2
zone are met as the stable was previously reviewed and conceptually approved. No
3
ZC No. 940 38 Portuguese Bend Road
3/15
• •
additional disturbance is proposed for the detached garage [except the small amount
resulting from the changes requested by the Planning Commissioners]."
Environmental Review
The project has been determined to be categorically exempt pursuant to the California
Environmental Quality Act (CEQA) Guidelines, Sections 15301,15303, and 15304.
SPR, CUP & VR
RA-S- 2 ZONE SETBACKS
Front: 50 ft. from front easement line
Side: 35 ft. from side property line
Rear: 50 ft. from rear property line
SPR required for grading, pool,
covered patio, misc. structures &
walls.
Variance is required for height of
walls and import of dirt.
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.
STRUCTURAL LOT COVERAGE
(20% maximum)
TOTAL LOT COVERAGE
(35% maximum)
BUILDING PAD COVERAGE (30%
maximum -guideline)
Residential
Pool pad
Stable pad
DISTURBED AREA
(40% maximum; any graded building
pad area, any remedial grading
(temporary disturbance), any graded
slopes and building pad areas, and
any non -graded area where
impervious surfaces exist.)
Project Summary
EXISTING OR PREVIOUSLY 11 PROPOSED TOTAL
APPROVED
SINGLE FAMILY RESIDENCE,
GARAGE, POOL HOUSE,
POOL, RECR. PAVILION .
5,112 s.f.
761 s.f.
848 s.f.
653 s.f.
90 s.f.
0 s.f.
525 s.f.
87 s.f.
860 s.f.
Residence
Garages
Pool/ spa
Guest House
Pool equip.
Stable -future
Attached porch
Entry
Recreation
pavilion
Service yard 113 s.f.
TOTAL 9,049 s.f.
Previously approved for various
projects
ADDITIONS, DETACHED
GARAGE, GRADING
Residence 5,978 s.f.
Garages 1,325 s.f.
Pool/ spa 848 s.f.
Guest House 653 s.f.
Pool equip. 90 s.f.
Stable -future 720 s.f.
Attached porch 721 s.f.
Entry 0 s.f.
Recreation 860 s.f.
pavilion
Service yard 113 s.f.
TOTAL 11,308 s.f.
250 cy of cut; 250 cy of fill
4.69% of 192,980 s.f. net lot area 5.86% of 192,980 s.f. net lot area
13.53% of 192,980 s.f. net lot area 14.78% of 192,980 s.f. net lot area
(No deductions)
22.5% of 29,340 s.f. pad
26.4% of 9,272 s.f. pad
Future
39.13% incl. future stable
(192,980 sq. ft. net lot area)
(No deductions)
26.7% of 30,510 s.f. pad
26.4% of 9,272 s.f. pad
Future
42.09% or 81,220 s.f. incl. future
stable (192,980 sq. ft. net lot area)
ZC No. 940 38 Portuguese Bend Road
4/15
STABLE (min. 450 S.F.
& 550 S.F. CORRAL)
STABLE ACCESS
ROADWAY ACCESS
VIEWS
PLANTS AND ANIMALS
N/A
I Existing driveway approach
N/A
IN/A
Future 720 s.f. & min 550 s.f.
corral
Proposed from Port. Bend Rd.
Existing driveway approach
Planning Commission review
Planning Commission review
SITE PLAN REVIEW CRITERIA
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.
ZC No. 940 38 Portuguese Bend Road
5
5/15
• •
CRITERIA FOR APPROVAL OF CONDITIONAL USE PERMIT:
17.42.050 Basis for approval or denial of conditional use permit
The Commission (and Council on appeal), in acting to approve a conditional use permit
application, may impose conditions as are reasonably necessary to ensure the project is consistent with the
General Plan, compatible with surrounding land use, and meets the provisions and intent of this title. In
making such a determination, the hearing body shall find that the proposed use is in general accord with
the following principles and standards:
A. That the proposed conditional use is consistent with the General Plan;
B. That the nature, condition and development of adjacent uses, buildings and structures
have been considered, and that the use will not adversely affect or be materially detrimental to these
adjacent uses, building or structures;
C. That the site for the proposed conditional use is of adequate size and shape to
accommodate the use and buildings proposed;
D. That the proposed conditional use complies with all applicable development standards of
the zone district;
E. That the proposed use is consistent with the portions of the Los Angeles County
Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities;
F. That the proposed conditional use observes the spirit and intent of this title.
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
ZC No. 940 38 Portuguese Bend Road
6/15
•
RESOLUTION 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
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).
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 500 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 7/15-
•
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. If landscaping is introduced , it must be compatible with and enhance the rural
character of the community, and the landscaping should provide a buffer or transition area
between private and public areas.
E. 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.
Resolution No. 2018-08
38 Portuguese Bend Road 8/15)-
• •
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:
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 project is harmonious in scale and mass with the site, the natural terrain, and
surrounding residences because 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 the proposed uses.
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.
Resolution No. 2018-08
38 Portuguese Bend Road 9/153-
• •
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
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.
Resolution No. 2018-08
38 Portuguese Bend Road 10/15-
• •
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 500 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
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.
Resolution No. 2018-08
38 Portuguese Bend Road 11/15.
• •
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. 500 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).
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.
Resolution No. 2018-08
38 Portuguese Bend Road 12/15-
• •
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
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.
Resolution No. 2018-08
38 Portuguese Bend Road
13/1
• •
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 DAY OF AUGUST 2018.
BRAD CHELF, CHAIRMAN
ATTEST:
YVETTE HALL, 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.
Resolution No. 2018-08
38 Portuguese Bend Road 14/1,,5
s
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:
NOES:
ABSENT:
ABSTAIN:
and in compliance with the laws of California was posted at the following:
Administrative Offices.
YVETTE HALL, CITY CLERK
Resolution No. 2018-08
38 Portuguese Bend Road
15/A5
•
Reaei9 get4
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
Agenda Item No. 7A
Mtg. Date: 7-17-18
TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING
COMMISSION
FROM: JULIA STEWART, ACTING PLANNING DIRECTOR
JOHN F. SIGNO, CONTRACT PLANNER
APPLICATION NO.
SITE LOCATION:
ZONING AND SIZE:
APPLICANT:
REPRESENTATIVE:
PUBLISHED:
ZONING CASE NO. 940
38 PORTUGUESE BEND ROAD (LOT 18-RH)
RAS-2, 5.08 ACRES (EXCL. ROADWAY EASEMENT)
MR. AND MRS. STEVE WHEELER
BOLTON ENGINEERING
JULY 17, 2018
PROTECT DESCRIPTION AND RECOMMENDATION,
The Project
The applicant is proposing a new approximately 1,325 square foot, detached, four -car
garage located in the front yard area, which will require grading and flatwork.
Additionally, the project includes a remodel of an existing residence through a series of
smaller additions, a garage conversion, a larger covered porch area at the front entrance
to the house, and driveway improvements. Balanced grading is needed mostly in and
around the area of the new detached garage and consists of a total of 490 cubic yards.
Site Plan Review
The applicant is requesting a Site Plan Review to connect the house to the existing
garage via a 75-square-foot residential addition and add another 30 square feet to the
front of the existing garage for a total of 105 square feet of new livable area. The existing
761 square foot garage will then be converted to livable residential space for a total of
866 square feet additional residential livable space. Additionally, a 196-square-foot
covered porch will be added to the entrance of the residence and 945 square feet of
pavement will be added to the existing driveway for better circulation and
maneuverability. The proposed project includes 45 cubic yards of cut, 45 cubic yards of
ZC NO. 917 5 Pine Tree Lane
• •
3
fill, 200 cubic yards of over -excavation, and 200 cubic yards of recompaction. The
majority of the grading for the project will be for the newly proposed detached garage.
Conditional Use Permit
A Conditional Use Permit is requested for the construction of a 1,325 square foot one-
story detached garage pursuant to Section 17.16.210 (A)(4) of the Zoning Ordinance.
Variances
A Variance is needed to exceed the maximum permitted 40% disturbance of the lot
resulting from general grading for the proposed project. The applicant is proposing a
total overall disturbance of 41.1%, which includes grading for a future stable and corral.
A second variance is required in order to construct the detached garage in the front
yard in front of the main residence. Pursuant to Section 17.16.210 (A)(4), a detached
garage cannot be located in the front yard.
Field Visit
The Planning Commission viewed the project in the field, opened the hearing to enable
brief public testimony and continued the meeting to the evening meeting of the
Planning Commission. It is recommended that the Planning Commission continue the
public hearing and provide direction to staff.
BACKGROUND
Grading
Grading will be limited to the area immediately surrounding the proposed detached
garage and along the driveway entrance to widen the driveway to 20 feet per Fire
Department standards. A 5-foot-wide walkway is proposed along the northern portion
of the detached garage leading to a stairway to the west for fire safety. Grading will
occur in the walkway and stairway area in order to flatten the grade. Additional
grading will be done for the driveway in order to install a hammerhead turnaround for
fire department access.
Zoning and Land Size
The property is zoned RAS-2 and the lot area excluding the roadway easement is 5.08
acres. For development purposes the net lot area is 192,980 square feet or 4.4 acres.
Driveway and Motor Court
The applicants propose to retain the existing driveway, but to improve it in certain
areas. This includes the area past the approach from Portuguese Bend Road and the
area adjacent to the detached garage in order to accommodate a fire department
turnaround. The gravel driveway leading to the future stable will not be improved and
is not a part of the proposed project.
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ZC No. 940 38 Portuguese Bend Road
•
Past Property Reviews
Previous Approvals
In February 2014, after several modifications, the Planning Commission approved
balanced cut and fill to enlarge the swimming pool pad and construct an 800 sq.ft.
covered patio that would contain an outdoor kitchen and other amenities. A spa on a
lower pad behind the swimming pool and two retaining walls along the building pad
were also approved. The spa and the retaining walls will not be constructed.
Code Enforcement
Prior to the 2014 approval, the applicants of the property constructed two decorative
fountain features and large retaining walls with stairs leading from the residential pad
to the pool and pool house development pad. Through the code enforcement process,
the applicants received approval for the fountain and hardscape features which are still
under construction and must be completed prior to commencement of construction
should the current proposal be approved.
Subsequent to resolving the hardscape and fountain code enforcement items,
approximately 3,700 cubic yards of dirt were illegally imported to the lot, which caused
the property to be subject to new code enforcement proceedings. Following City
Councils declaration of a nuisance condition on the lot and order of abatement, the
applicants submitted revised plans to be able to utilize most of the imported dirt.
In Summer of 2017, the Planning Commission held two public hearings at the site,
deliberated the project at its regular meeting, and following discussion, suggested that
the applicant amend the scope of the project so that it resembles the previously
approved entitlement.
The applicants made several revisions to the plans based on Planning Commission
feedback and at the October 17, 2017 meeting, adopted the Resolution approving the
request with conditions, including export of some of the illegally dumped dirt. The
conditions include a requirement that prior to finalizing the project the applicants must
certify grading and slopes, vegetate the slopes, inform City and RHCA staff when the
dirt is to be exported, and implement Best Management Practices during the hauling of
the dirt.
Currently, the applicant is the process of restoring the slope.
A stable and corral area was set -aside at the northern corner of the property, with access
through a gravel access way along the pool pad. This set aside area is included in the
current proposal.
ZC No. 940 38 Portuguese Bend Road
MUNICIPAL CODE COMPLIANCE
Grading and Stabilization
Grading will be limited to the detached garage location and surrounding area. The
project includes a total of 45 cubic yards of cut and 45 cubic yards of fill. The pad for the
detached garage will be over -excavated and recompacted with a balance of 200 cubic
yards for stabilization. No dirt will be imported or exported for this project.
Disturbance
A Variance is required because the maximum permitted disturbance is 40% of the net
lot area. The existing disturbance for the site is 39.13%; the proposed project will add
2.85% of disturbance, or 5,500 square feet. Thus, the proposed project will result in a
total disturbed area of 41.1% or 81,020 square feet, which includes grading for a future
stable and corral. The disturbance for the site is also impacted by the 80-foot wide
roadway easement traversing the property.
Height
The finished height of the proposed detached garage is a maximum of 15 feet to the
ridgeline and 13 feet to the ridgelines of the side roof hip extensions.
Drainage
Storm water runoff will be collected in a biofiltration device and discharged through an
erosion control unit to comply with City's Low Impact Development requirements. The
grading and drainage plan for the proposed project will be reviewed by Los Angeles
County.
Lot Coverage
Structural coverage on the lot is proposed to be 11,308 square feet or 5.86%, which
includes all of the structures (including a future 720 square foot stable). The total lot
coverage, including structures and hardscape will be 29,111 square feet or 15.08%.
The proposed project will be entirely on the building pad where the main residence is
located. The proposed project will add 1,065 square feet to the existing 29,340 square
foot building pad, bringing the total to 30,405 square feet. The proposed project will add
1,539 square feet of new structures, bringing the total structures on the pad to 8,137
square feet. This equates to a building pad coverage of 26.76%.
The pool pad and future stable pad are not proposed to change, remaining at 26.4% and
26.8 %, respectively.
Walls
There is a proposed wall located along the northern elevation of the proposed detached
garage that will serve as a footing to stabilize the dirt underneath the detached garage.
The average wall height is 2.5 feet and the maximum height is 5 feet.
ZC No. 940 38 Portuguese Bend Road
Stable Access
Stable access is proposed along an existing gravel pathway located to the north of the
proposed detached garage. No changes to the gravel pathway are proposed as a result
of this project. A future stable may have to meet Fire Department requirements for
access but has not been evaluated and is not part of the proposed project.
CONDITIONAL USE PERMIT SUMMARY
A Conditional Use Permit is required for construction of a detached garage.
Detached Garage Requirements
Pursuant to Section 17.16.210 (A)(4) of the Zoning Ordinance, detached garages are
required to meet the following:
REQUIREMENTS PROPOSED
a. Shall not be located in the front yard or The proposed detached garage will be
any setback located in the front yard area between the
roadway easement and the main residence.
A Variance request is included in the
application.
b. A sink and toilet shall be permitted None proposed.
c. A kitchen or kitchenette shall not be None proposed.
permitted
d. No sleeping quarters or renting of the None proposed.
structures shall be permitted
e. The. Planning Commission shall have The Planning Commission may consider
the ability to limit the size of the altering the proposed project.
detached garage in relationship to the
size of the residence, topography, size
of the lot and other conditions.
Utility Lines / Septic Tank
It will be a requirement that utility lines to all of the proposed structures be placed
underground if they are not already located underground. The septic system will have
to be relocated as a result of the new detached garage.
General
Non -conforming Conditions
The approved grading and hardscape to eliminate the illegal non -conforming
conditions to the pool pad and area overlooking it, must be completed prior to any
5
ZC No. 940 38 Portuguese Bend Road
• •
permit signoffs for the currently proposed project should it be approved. This is in
order to resolve the illegal non -conforming conditions.
Justification from the Applicant
"The project, aside from the detached garage being located in the front yard, is
compatible with the General Plan, Zoning Ordinance and surrounding uses. The new
garage will bring the residence close in size to those adjacent on Portuguese Bend Road
and bring the property into compliance with current codes related to guest house and
number of garages. The garage and all additions are proposed to be built outside of all
setbacks and the new garage will be at an elevation of 1 foot below the elevation of the
existing residence.
From a site coverage standpoint the proposed development is below the allowable 35%
total coverage allowance. The individual pads also meet the guideline of 30% coverage.
The setbacks are on par with those surrounding it in the RAS-2 Zone, 35 feet from the
side yards and 50 feet for front and rear, and 25 feet from the rear for equestrian uses.
The project preserves and integrates into the site design existing topographic features
by developing on portions of the property which have been developed before. 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.
The site development plan follows the natural contours of the site by concentrating the
development in areas that are flatter and/or previously developed. Contours are
rounded and no drainage courses will be re -directed. 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 said residence
make the area of possible development quite small.
The project preserves the native vegetation by minimizing the grading in areas of
vegetation and maintaining buffer zones between properties. The existing vegetation is
mainly along the perimeter of the lot, in the easements, where we are not proposing any
grading in the majority of that area due to restrictions from the RHCA. The area of
development for the detached garage is currently free of most vegetation due to it being
an existing parking pad. Trees / shrubs will be planted adjacent to the building, as
allowed by Fire Code to help screen the out of grade foundations.
Building coverage is minimized by the garage addition being proportional to the net lot
area, building pad coverage is 24.7% for the residence pad. Due to the location of the
new garage we are actually removing a portion of the existing driveway. There will be a
new widened 20 foot fire access road with a hammerhead turnaround that will service
the residence and new garage.
ZC No. 940 38 Portuguese Bend Road
• •
The proposed development is outside of all setbacks and has the same setbacks as the
neighboring residences compliant with the RAS-2 zoning.
The Site Plan is sensitive and not detrimental to convenience and safety of circulation of
pedestrians and vehicles as the proposed addition is adjacent to the existing house and
will be required to widen the driveway to 20 feet for fire department access. The
development is still located behind the entry arbor for the site so pedestrians will not be
affected by construction. The new garage will allow for more cars to be parked inside as
opposed to on the current parking pad.
The extraordinary circumstances which do not apply to general other properties is that
this property was developed toward the rear and side yard setbacks, with a portion of
the existing garage being located in the side yard setback. There is not room to add any
additional garage space where the existing garage is. It is proposed to locate the new
garage in the front yard, however outside of all setbacks in a location that is currently
used as a parking pad. The property also currently only has a two -car -garage, which is
not up to the current code of requiring a three -car garage if there is a guest house on the
property. It is desired to house the vehicles stored on the parking pad in a garage
instead.
Due to the layout of the lot, topography, setbacks, an existing house there are minimal
places to add on while staying out o setbacks and steep topography. Most properties in
Rolling Hills have a three -care garage, especial those in the RAS-2 zone.
The variance will not be detrimental due to the fact that the proper building and OSHA
codes being followed during the construction process. The areas being disturbed will be
planted to stabilize the slopes and help to prevent erosion along with removing cars
from sitting outside which typically is not desired.
The proposed detached garage and residential additions are compatible with the
general plan and zoning ordinance, other than being located in the front yard."
Rolling Hills Community Association Review
Rolling Hills Community Association will review this project at a later date.
Planning Commission Responsibilities
When reviewing a development application, the Planning Commission must consider
whether the proposed project meets the criteria for a Site Plan Review, Conditional Use
Permit, and Variances as attached below.
Environmental Review
The project has been determined to be categorically exempt pursuant to the California
Environmental Quality Act (CEQA) Guidelines, Sections 15301,15303, and 15304.
7
ZC No. 940 38 Portuguese Bend Road
SPR, CUP & VR
RA-S- 2 ZONE SETBACKS
Front: 50 ft. from front easement line
Side: 35 ft. from side property line
Rear: 50 ft. from rear property line
SPR required for grading, pool,
covered patio, misc. structures &
walls.
Variance is required for height of
walls and import of dirt.
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.
STRUCTURAL LOT COVERAGE
(20% maximum)
TOTAL LOT COVERAGE
(35% maximum)
BUILDING PAD COVERAGE (30%
maximum -guideline)
Residential
Pool pad
Stable pad
DISTURBED AREA
(40% maximum; any graded building
pad area, any remedial grading
(temporary disturbance), any graded
slopes and building pad areas, and
any non -graded area where
impervious surfaces exist.)
STABLE (min. 450 S.F.
& 550 S.F. CORRAL)
STABLE ACCESS
ROADWAY ACCESS
VIEWS
PLANTS AND ANIMALS
Project Summary
EXISTING OR PREVIOUSLY N
APPROVED
SINGLE FAMILY RESIDENCE,
GARAGE, POOL HOUSE,
POOL, COVERED PATIO
Residence 5,112 s.f.
Garages 761 s.f.
Pool/spa 848 s.f.
Guest House 653 s.f.
Pool equip. 90 s.f.
Stable -future 0 s.f.
Attached porch 525 s.f.
Entry 87 s.f.
Covered patio 860 s.f.
Service yard 113 s.f.
TOTAL 9,049 s.f.
Previously approved for various
projects
4.69% of 192,980 s.f. net lot area
PROPOSED TOTAL
ADDITIONS, DETACHED
GARAGE, GRADING
Residence
Garages
Pool/spa
Guest House
Pool equip.
Stable -future
Attached porch
Entry
Covered patio
Service yard
TOTAL
5,978 s.f.
1,325 s.f.
848 s.f.
653 s.f.
90 s.f.
720 s.f.
721 s.f.
0 s.f.
860 s.f.
113 s.f.
11,308 s.f.
245 cy of cut; 245 cy of fill
5.86% of 192,980 s.f. net lot area
13.53% of 192,980 s.f. net lot area 14.78% of 192,980 s.f. net lot area
22.5% of 29,340 s.f. pad
26.4% of 9,272 s.f. pad
Future
39.13% incl. future stable
(192,980 sq. ft. net lot area)
N/A
Existing driveway approach
N/A
N/A
ZC No. 940 38 Portuguese Bend Road
26.8% of 30,405 s.f. pad
26.4% of 9,272 s.f. pad
Future
41.1% or 81,020 s.f. incl. future
stable (192,980 sq. ft. net lot area)
Future 720 s.f. & min 550 s.f.
corral
Proposed from Port. Bend Rd.
Existing driveway approach
Planning Commission review
Planning Commission review
•
SITE PLAN REVIEW CRITERIA
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 APPROVAL OF CONDITIONAL USE PERMIT:
17.42.050 Basis for approval or denial of conditional use permit.
The Commission (and Council on appeal), in acting to approve a conditional use permit
application, may impose conditions as are reasonably necessary to ensure the project is
consistent with the General Plan, compatible with surrounding land use, and meets the
provisions and intent of this title. In making such a determination, the hearing body shall find
that the proposed use is in general accord with the following principles and standards:
A. That the proposed conditional use is consistent with the General Plan;
9
ZC No. 940 38 Portuguese Bend Road
• •
B. That the nature, condition and development of adjacent uses, buildings and
structures have been considered, and that the use will not adversely affect or be materially
detrimental to these adjacent uses, building or structures;
C. That the site for the proposed conditional use is of adequate size and shape to
accommodate the use and buildings proposed;
D. That the proposed conditional use complies with all applicable development
standards of the zone district;
E. That the proposed use is consistent with the portions of the Los Angeles County
Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste
facilities;
F. That the proposed conditional use observes the spirit and intent of this title.
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
10
ZC No. 940 38 Portuguese Bend Road
• •
a/Rd/at, qedei
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
Agenda Item No. 9A
Mtg. Date: 4-17-18
TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING
COMMISSION
FROM: JULIA STEWART, ACTING PLANNING DIRECTOR `�'
JOHN F. SIGNO, AICP, CONTRACT PLANNER
APPLICATION NO.
SITE LOCATION:
ZONING AND SIZE:
APPLICANT:
REPRESENTATIVE:
PUBLISHED:
PROTECT DESCRIPTION
ZONING CASE NO. 940
38 PORTUGUESE BEND ROAD (LOT 18-RH)
RAS-2, 5.08 ACRES (EXCL. ROADWAY EASEMENT)
MR. AND MRS. STEVE WHEELER
BOLTON ENGINEERING
APRIL 5, 2018
The Project
The applicant is proposing to remodel an existing residence through a series of small
additions, a garage conversion, and increasing the amount of covered porch area at the
front entrance to the house. Additionally, to replace the converted garage space, the
applicant is seeking to construct a new detached garage, with a proposed location in the
front yard area, along with additional grading and flatwork.
Site Plan Review
The applicant is requesting a Site Plan Review to connect the house to the existing
garage via a 75-square-foot extension and add 30 square feet to the front of the garage
for a total of 105 square feet. Additionally, a 196-square-foot covered porch will be
added to the entrance of the residence and 945 square feet of pavement will be added to
the existing driveway for better circulation and maneuverability. The proposed project
includes 45 cubic yards of cut, 45 cubic yards of fill, 200 cubic yards of over -excavation,
and 200 cubic yards of recompaction. The majority of the grading for the project will be
located beneath a newly proposed detached garage.
ZC NO. 917 5 Pine Tree Lane
1/8
• •
Conditional Use Permit
A Conditional Use Permit is requested for the construction of a 1,325 square foot one-
story detached garage pursuant to Section 17.16.210 (A) (4) of the Zoning Ordinance.
Variances
A Variance is needed to exceed the maximum permitted 40% disturbance of the lot
resulting from general grading for the proposed project. The applicant is proposing a
total overall disturbance of 41.98%, which includes grading for a future stable and
corral.
A second variance is required in order to construct the detached garage in the front
yard in front of the main residence. Pursuant to Section 17.16.210 (A) (4), a detached
garage cannot be located in the front yard.
BACKGROUND
Grading
Grading will be limited to the area immediately surrounding the proposed detached
garage. A 5-foot-wide walkway is proposed along the northern portion of the detached
garage leading to a stairway to the west, which may be needed to meet fire department
requirements. Grading will occur in the walkway and stairway area in order to flatten
the grade. Additional grading will be done for the driveway in order to install a
hammerhead turnaround for fire department access.
Zoning and Land Size
The property is zoned RAS-2 and the lot area excluding the roadway easement is 5.08
acres. For development purposes the net lot area is 192,980 square feet or 4.4 acres.
Driveway and Motor Court
The applicants propose to retain the existing driveway, but to improve it in certain
areas. This includes the area past the approach from Portuguese Bend Road and the
area adjacent to the detached garage in order to accommodate a fire department
turnaround. The gravel driveway leading to the future stable will not be improved and
is not a part of the proposed project.
Past Property Reviews
Previous Approvals
In February 2014, after several modifications, the Planning Commission approved
balanced cut and fill to enlarge the swimming pool pad and construct an 800 sq.ft.
covered patio that would contain an outdoor kitchen and other amenities. A spa on a
lower pad behind the swimming pool and two retaining walls along the building pad
were also approved. The spa and the retaining walls will not be constructed.
ZC No. 940 38 Portuguese Bend Road
2
2/8
• •
Code Enforcement
Prior to the 2014 approval, the applicants of the property constructed two decorative
fountain features and large retaining walls with stairs leading from the residential pad to
the pool and pool house development pad. Through the code enforcement process, the
applicants received approval for the fountain and hardscape features which are still
under construction and must be completed prior to commencement of construction
should the current proposal be approved.
Subsequent to resolving the hardscape and fountain code enforcement items,
approximately 3,700 cubic of dirt were illegally imported to the lot, which caused the
property to be subject to new code enforcement proceedings. Following City Council's
declaration of a nuisance condition on the lot and order of abatement, the applicants
submitted revised plans to be able to utilize most of the imported dirt.
In Summer of 2017, the Planning Commission held two public hearings at the site,
deliberated the project at its regular meeting, and following discussion, suggested that
the applicant amend the scope of the project so that it resembles the previously approved
entitlement.
The applicants made several revisions to the plans based on Planning Commission
feedback and at the October 17, 2017 meeting, adopted the Resolution approving the
request with conditions, including export of some of the illegally dumped dirt. The
conditions include a requirement that prior to finalizing the project the applicants must
certify grading and slopes, vegetate the slopes, inform City and RHCA staff when the dirt
is to be exported, and implement Best Management Practices during the hauling of the
dirt.
Currently, the applicant is working on obtaining a grading permit to restore the slope.
A stable and corral area was set -aside at the northern corner of the property, with access
through a gravel access way along the pool pad. This set aside area is included in the
current proposal.
MUNICIPAL CODE COMPLIANCE
Grading and Stabilization
Grading will be limited to the detached garage location and surrounding area. The
project includes a total of 45 cubic yards of cut and 45 cubic yards of fill. The pad for the
detached garage will be over -excavated and recompacted for stabilization. No dirt will
be imported or exported.
Disturbance
A Variance is required because the maximum permitted disturbance is 40% of the net
lot area. The existing disturbance for the site is 39.13%; the proposed project will add
ZC No. 940 38 Portuguese Bend Road
3
3/8
• •
2.85% of disturbance, or 5,500 square feet. Thus, the proposed project will result in a
total disturbed area of 42% or 81,020 square feet, which includes grading for a future
stable and corral.
Height
The finished height of the proposed detached garage is a maximum of 15 feet to the
ridgeline and 13 feet to the ridgelines of the side extensions.
Drainage
Storm water runoff will be collected in a biofiltration device and discharged through an
erosion control unit to comply with City's Low Impact Development requirements.
Lot Coverage
Structural coverage on the lot is proposed to be 11,308 square feet or 5.86%, which
includes all of the structures (including a future 720 square foot stable). The total lot
coverage, including structures and hardscape will be 29,111 square feet or 15.08%.
The proposed project will be entirely on the building pad where the main residence is
located. The proposed project will add 1,065 square feet to the existing 29,340 square foot
building pad, bringing the total to 30,405 square feet. The proposed project will add 1,539
square feet of new structures, bringing the total structures on the pad to 8,137 square feet.
This equates to a building pad coverage of 26.76%.
The pool pad and future stable pad are not proposed to change, remaining at 26.4% and
26.8%, respectively.
Walls
There is a proposed wall located along the northern elevation of the proposed detached
garage that will serve as a footing to stabilize the dirt underneath the detached garage.
The average wall height is 2.5 feet and the maximum height is 5 feet.
Stable Access
Stable access is proposed along an existing gravel pathway located to the north of the
proposed detached garage. No changes to the gravel pathway will be made as a result of
the proposed project. A future stable is believed to meet Fire Department requirements
for access.
CONDITIONAL USE PERMIT SUMMARIES
A Conditional Use Permit is required for construction of a detached garage.
Detached Garage Requirements
Pursuant to Section 17.16.210 (A)(4) of the Zoning Ordinance, detached garages are
required to meet the following:
ZC No. 940 38 Portuguese Bend Road
4
4/8
REQUIREMENTS
a. Shall not be located in the front yard or
any setback
b. A sink and toilet shall be permitted
c. A kitchen or kitchenette shall not be
permitted
d. No sleeping quarters or renting of the
structures shall be permitted
e. The Planning Commission shall have
the ability to limit the size of the
detached garage in relationship to the
size of the residence, topography, size
of the lot and other conditions.
PROPOSED
The proposed detached garage will be
located in the front yard area between the
roadway easement and the main residence.
A Variance request is included in the
application.
None proposed.
None proposed.
None proposed.
The Planning Commission may consider
altering the proposed project.
Utility Lines / Septic Tank
It will be a requirement that utility lines to all of the proposed structures be placed
underground. The septic system will have to be relocated as a result of the new detached
garage.
General
Non -conforming Conditions
The approved grading and hardscape to eliminate the illegal non -conforming
conditions to the pool pad and area overlooking it, must be completed prior to any
permit signoffs for the currently proposed project should it be approved. This is in
order to resolve the illegal non -conforming conditions.
Rolling Hills Community Association Review
Rolling Hills Community Association will review this project at a later date.
Planning Commission Responsibilities
When reviewing a development application, the Planning Commission must consider
whether the proposed project meets the criteria for a Site Plan Review, Conditional Use
Permit, and Variances as attached below.
Environmental Review
The project has been determined to be categorically exempt pursuant to the California
Environmental Quality Act (CEQA).
ZC No. 940 38 Portuguese Bend Road
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SPR, CUP & VR
RA-S- 2 ZONE SETBACKS
Front: 50 ft. from front easement line
Side: 35 ft. from side property line
Rear: 50 ft. from rear property line
SPR required for grading, pool,
covered patio, misc. structures &
walls.
Variance is required for height of
walls and import of dirt.
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.
STRUCTURAL LOT COVERAGE
(20% maximum)
TOTAL LOT COVERAGE
(35% maximum)
BUILDING PAD COVERAGE (30%
maximum -guideline)
Residential
Pool pad
Stable pad
DISTURBED AREA
(40% maximum; any graded building
pad area, any remedial grading
(temporary disturbance), any graded
slopes and building pad areas, and
any non -graded area where
impervious surfaces exist.)
STABLE (min. 450 S.F.
& 550 S.F. CORRAL)
STABLE ACCESS
ROADWAY ACCESS
VIEWS
PLANTS AND ANIMALS
Project Summary
EXISTING OR PREVIOUSLY II
APPROVED
SINGLE FAMILY RESIDENCE,
GARAGE, POOL HOUSE,
POOL, COVERED PATIO
Residence 5,112 s.f.
Garages 761 s.f.
Pool/spa 848 s.f.
Guest House 653 s.f.
Pool equip. 90 s.f.
Stable -future 0 s.f.
Attached porch 525 s.f.
Entry 87 s.f.
Rec. room 860 s.f.
Service yard 113 s.f.
TOTAL 9,049 s.f.
Previously approved for various
projects
4.69% of 192,980 s.f. net lot area
PROPOSED TOTAL
ADDITIONS, DETACHED
GARAGE, GRADING
Residence
Garages
Pool/ spa
Guest House
Pool equip.
Stable -future
Attached porch
Entry
Rec. room
Service yard
TOTAL
5,978 s.f.
1,325 s.f.
• 848 s.f.
653 s.f.
90 s.f.
720 s.f.
721 s.f.
0 s.f.
860 s.f.
• 113 s.f.
11,308 s.f.
245 cy of cut; 245 cy of fill
5.86% of 192,980 s.f. net lot area
13.53% of 192,980 s.f. net lot area 15.08% of 192,980 s.f. net lot area
22.5% of 29,340 s.f. pad
26.4% of 9,272 s.f. pad
Future
39.13% incl. future stable
(192,980 sq. ft. net lot area)
N/A
Existing driveway approach
N/A
N/A
ZC No. 940 38 Portuguese Bend Road
26.8% of 30,405 s.f. pad
26.4% of 9,272 s.f. pad
Future
41.98% or 81,020 s.f. incl. future
stable (192,980 sq. ft. net lot area)
Future 720 sq.f.t & min 550 s.f.
corral
Proposed from Port. Bend Rd.
Existing driveway approach
Planning Commission review
Planning Commission review
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• •
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.
11.46.050 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 APPROVAL OF CONDITIONAL USE PERMIT:
11.42.050 Basis for approval or denial of conditional use permit.
The Commission (and Council on appeal), in acting to approve a conditional use permit
application, may impose conditions as are reasonably necessary to ensure the project is
consistent with the General Plan, compatible with surrounding land use, and meets the
provisions and intent of this title. In making such a determination, the hearing body shall find
that the proposed use is in general accord with the following principles and standards:
A. That the proposed conditional use is consistent with the General Plan;
ZC No. 940 38 Portuguese Bend Road
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• •
B. That the nature, condition and development of adjacent uses, buildings and
structures have been considered, and that the use will not adversely affect or be materially
detrimental to these adjacent uses, building or structures;
C. That the site for the proposed conditional use is of adequate size and shape to
accommodate the use and buildings proposed;
D. That the proposed conditional use complies with all applicable development
standards of the zone district;
E. That the proposed use is consistent with the portions of the Los Angeles County
Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste
facilities;
F. That the proposed conditional use observes the spirit and intent of this title.
CRITERIA FOR VARIANCES
11.38.050 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
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