915, Construct new stable (5368 sq , Resolutions & Approval ConditionsRESOLUTION NO. 2019-04
A .RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A TWO-YEAR TIME EXTENSION FOR A
PREVIOUSLY APPROVED PROJECT FOR SITE PLAN REVIEW, VARIANCES
AND CONDITIONAL USE PERMIT IN ZONING CASE NO. 915, AT 1
MIDDLERIDGE LANE NORTH, (PORTION OF LOTS 15,16,17-MR, CIPOLLA).
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 Chaz and Emily Cipolla with respect to real
property located at 1 Middleridge Lane North requesting a two-year time extension to comply with
the requirements of Planning Commission Resolution No. 2017-03 to commence construction of the
approved project.
Section 2. The Commission considered this item at a meeting on February 19, 2019 at which
time information was presented by the applicants indicating that additional time is needed to
commence construction of this project.
Section 3. The Planning Commission finds that pursuant to RHMC Section 17.46.080 the
expiration would constitute an undue hardship upon the property owner; and the continuation of
the approval would not be materially detrimental to the health, safety and general welfare of the
public.
Section 4. Based upon information and evidence submitted, the Planning Commission grants
two year time extension and does hereby amend Paragraph A of Section 9 of Planning Commission
Resolution No. 2017-03, dated April 18, 2017 to read as follows:
Section 9.
A. The Site Plan, Conditional Use Permit and Variance approvals shall expire within four years
from the effective date of approval if construction pursuant to this .approval has not
commenced within that time period, as required by Sections 17.46.080 and 17.38.070(A) of the
Rolling Hills Municipal Code, or the approval granted is otherwise extended pursuant to the
requirements of those sections.
Section 5. Except as herein amended, the provisions and conditions of Resolution No. 2017-03
shall continue to be in full force and effect.
PASSED, APPROVED AND ADOPTED THIS 19th DAY; 9F FEER RY 2 1 19.
B$.A HEL\E, CHAIRMA
ATTEST:
YVETTE HALL, CITY CLERK
1
or
-
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
)
) §§
I certify that the foregoing Resolution No. 2019-04 entitled
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS
GRANTING A TWO-YEAR TIME EXTENSION FOR A PREVIOUSLY APPROVED PROJECT
FOR SITE PLAN REVIEW, VARIANCES AND CONDITIONAL USE PERMIT IN ZONING
CASE NO. 915, AT 1 MIDDLERIDGE LANE NORTH, . (PORTION OF LOTS 15, 16, 17-MR,
CIPOLLA).
was approved and adopted at a regular meeting of the Planning Commission on February 19,
2019 by the following roll call vote:
AYES: CARDENAS, KIRKPATRICK, SEABURN, AND CHAIR CHELF.
NOES: NONE.
ABSENT: COOLEY.
ABSTAIN: NONE.
and in compliance with the laws of California was posted at the following:
Administrative Offices
1"1r HALL
CITY CLERK
2
• •
RESOLUTION NO. 2017-03
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN
REVIEW, CONDITIONAL USE PERMIT AND VARIANCES FOR A
RESIDENCE ADDITION, BASEMENT, VARIOUS WALLS AND
GRADING; WIDEN ONE OF THE TWO RESIDENTIAL
DRIVEWAYS AND TO ENCROACH INTO THE FRONT SETBACK
WITH PORTIONS OF THE ADDITIONS, BASEMENT AND
GARAGE IN ZONING CASE NO. 915 AT 1 MIDDLERIDGE
LANE NORTH, (PARTS OF LOTS 15, 16, 17-MR), (CIPOLLA).
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. Chaz Cipolla with respect
to real property located at 1 Middleridge Lane North, (Part of Lots 15, 16, 17-MR),
Rolling Hills, CA requesting a Site Plan Review for the construction of 1,750 square feet
addition and 1,750 square feet of underlying basement, 380 square feet of covered
porches at the house front and side, and a 441 square foot (2-car) garage to be attached
by a 120 square foot breezeway on the home's east side, for a total of 4,650 square foot
residence with 909 square feet garages. The applicants also propose to retain an
existing 140 square foot outdoor BBQ and 15 square foot outdoor kitchen at the home's
rear and a tree house in the front. Several not to exceed 3' high retaining walls, which
will average out to 2.5' in height, are proposed along the enlarged building pad to
accommodate the additions, including the new garage. Grading for the enlarged
residential pad for the addition and for the widening of the driveway would be 2,510
cubic yards, total cut and fill. The applicants seek a CUP to widened one of the two
driveways to accommodate access to the new proposed garage and variances to
encroach with portions of the proposed development, including the basement and
garage into the front yard setback and to increase the disturbed area from 35.5 % to
37.3%, (40% maximum allowed).
Section 2. The Planning Commission conducted duly noticed public hearings to
consider the application on January 17, 2017, March 21, 2017 and in the field on March
21, 2017. The applicants were notified of the public hearings in writing by first class
mail. Evidence was heard and presented from all persons interested in affecting said
proposal and from members of the City staff and Planning Commission having
reviewed, analyzed, and studied said proposal. The property owners and their
representatives were in attendance at the public hearings.
Section 3. Originally included in the request was a conditional uses permit and
additional variance for a 10-stall stable with loft and related grading, additional
disturbance, a driveway to the stable and a request to legalize grading for a previously
created path in the rear of the property, and allow to retain the path. The grading for
the pathway consists of a total of 3,500 cubic yards cut and fill over 15,250 square foot
Reso. 2017-03 1
• •
surface area, and it has been completed. Due to the Planning Commission and
neighbors' concerns related to the stable and the proposed third driveway to the stable,
the applicants withdrew the request for that portion of the application. At the April 18,
2017 field trip to view the graded path, the Planning Commission decided not to
consider it at this time and to re -visit this portion of the application with the future
application for a stable and grading.
Section 4. The property is zoned RAS-1 and the gross lot area is 4.19 acres. The net
lot area, as calculated by the City, is 2.82 acres or 122,943 square feet. The property is
currently developed with a 2,900 square foot single-family residence and 468 square
foot attached garage, tree house, sheds and outdoor kitchen with BBQ and fire pit.
Vehicular access is provided through two aprons on Middleridge Lane N. that allow
access to and through the existing garage as well as to an existing paved parking area
at the front. The easterly existing apron is proposed to be widened to allow access to
the proposed second garage. The Traffic Commission reviewed the residential apron
widening request and recommended approval. There are no records of permits for the
outdoor kitchen and sheds. It is required that the applicants obtain building permit for
these structures or demolish them.
Section 5. The project has been determined to be categorically exempt pursuant to
the California Environmental Quality Act (CEQA) as a Class 1 exemption in that the
project is an addition.
Section 6. Section 17.46.020(3) requires a development plan to be submitted for Site
Plan Review for an addition over 999 square feet, and for grading. With respect to the
Site Plan Review application requesting approval of a 1,750 square foot addition with
basement, and associated grading the Planning Commission makes the following
findings of fact:
A. The proposed development is compatible with the General Plan, the
Zoning Ordinance and surrounding uses because the proposed structure complies
with the General Plan requirement of low profile, low -density residential
development. The project conforms to Zoning Code lot coverage requirements. The
lot is over 2.8 acres, as calculated by City, and the addition will not result in the lot to
look overdeveloped. The lot currently is nonconforming for front yard encroachment
with the residence and the additional encroachment would be minimal. The proposed
project is located below Middleridge Lane arid will be screened from the road by the
drop in elevation and landscaping which minimizes the visual impact of the
development.
B. The development plan substantially preserves the natural and
undeveloped state of the lot by minimizing building coverage because the addition is
located in line with the existing residence, majority of which is below the road and the
addition will not cause the lot to look overdeveloped. Significant portions of the lot
will be left undeveloped so as to maintain open space on the property. The nature,
condition, and development of adjacent uses, buildings, and structures and the
Reso. 2017-03 2
• i
topography of the lot have been considered, and the construction and maintenance of
the proposed addition will not adversely affect or be materially detrimental to the
adjacent uses, buildings, or structures because the proposed addition will be
constructed in line with the existing residence, which partially encroaches into the
front setback, will be below street view, is a sufficient distance from nearby residences
so that the proposed structure will not impact the view or privacy of surrounding
neighbors.
C. The proposed development, as conditioned, is harmonious in scale and
mass with the site, the natural terrain and surrounding residences. The proposed
project is consistent with the scale of homes in the surrounding RA-S-1 similarly zoned
neighborhood. The proposed project entails construction of an addition and will create
a residence that is 4,650 square feet with 909 square foot garages, which is comparable
to the homes in vicinity of subject site.
D. The development plan generally follows natural contours of the site to
the maximum extent practicable to accomplish groomed and usable areas of the lot,
subject to concurrent approval of Variance pursuant to Section 7 of this resolution.
Natural drainage courses will not be affected by the project. Minimal grading is
proposed for the residence addition.
E. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because the
proposed widening of the driveway will be safer and more maneuverable than the
current condition and was recommended for approval by the Traffic Engineer and the
Traffic Commission.
F. The project conforms to the requirements of the California Environmental
Quality Act and is exempt.
Section 7. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code
permit approval of a Variance from the standards and requirements of the Zoning
Ordinance when exceptional or extraordinary circumstances applicable to the property
and not applicable to other similar properties prevent the owner from making use of a
parcel or property to the same extent enjoyed by similar properties in the same
vicinity. Sections 17.16.110 requires that every lot in the RAS-1 zone shall have a front
setback of not less than 50 feet from the road easement line. The applicant is
requesting a Variance to encroach with a 360 square foot portion of the addition and
same size encroachment of the basement, and with a portion of the porch and Porte
Cochere into the front yard setback. With respect to this request for Variance, the
Planning Commission finds as follows:
A. There are exceptional circumstances and conditions because the property
was previously developed with the residence close to the front yard setback with a
steep slope behind the residential building pad. 876 sq.ft. of the existing residence and
the entire garage currently encroach into the front setback. The lot is adjacent to the
Reso. 2017-03 3
• •
RAS-1 Overlay Zone where unusually configured lots enjoy a reduced setback; and
although this lot is larger than the rest of the lots in the Overlay Zone, the home was
constructed to the same setback encroachment as the other homes in the Overlay Zone.
The addition will bring the residence more in line and more compatible with other
residences in the vicinity. Minimal grading is required for the additional building pad
for the addition and the disturbance would only increase by 1.8% for this portion of the
project and would be less than 40%.
B. The Variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other properties in the same vicinity and zone,
but which is denied to the property in question. Strict application of the Zoning
Ordinance would deprive the property owner of the rights and benefits enjoyed by
similarly situated properties in the same zone, including the ability to enjoy a similar
sized home due to physical constraints of the lot. The encroachment permits the use of
the lot to the extent allowed for other properties in the vicinity.
C. The granting of the Variance would not be materially detrimental to the
public welfare or injurious to the properties or improvements in such vicinity and zone
in which the property is located. Development in the front setbacks is minimal. The
area of addition would not impair views.
D. In granting of the Variance the spirit and intent of the Zoning Ordinance
will be observed in that the proposed addition will be orderly, attractive, attached to
the residence, and will not affect the rural character of the community. The proposed
addition will not encroach into potentially future equestrian uses on the property. A
suitable stable and corral area has been set -aside on the site.
E. The Variance request is consistent with the General Plan of the City of
Rolling Hills because the proposed structures comply with the General Plan
requirement of low profile, low -density residential development with sufficient open
space between surrounding structures. The structural lot coverage and the total
impervious lot coverage are within the requirements of the City.
Section 8. Section 17.16.210(A)(1) of the Zoning Ordinance contains conditions for a
second driveway, subject to approval of a conditional use permit. Section 17.24.030
states that a legal non -conforming use may continue, provided that such use is not
expanded or extended. The two driveways that exist on the property are legal non-
conforming, as no CUP was granted nor required when they were constructed. The
applicant proposes to widen one of the driveway aprons by 10 feet, triggering the
requirement of Section 17.24.030 of the Zoning Ordinance. With respect to this request
for Conditional Use Permits, the Planning Commission finds as follows:
A. Conditionally permitted uses are not outright permitted by the Rolling
Hills Municipal Code. The 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 to otherwise
Reso. 2017-03 4
• .
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 widening of the existing
driveway apron would be consistent with the purposes and objectives of the Zoning
Ordinance and General Plan because use is consistent with similar uses in the
community, and meet all the applicable code development standards and is located in
an area on the property that is not in conflict with vehicular access on the road adjacent
thereto. The Traffic Commission approved the request.
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 widening of the
apron is of sufficient distance from nearby driveways so as to not impact the ingress,
egress and road condition of surrounding neighbors.
D. The project is harmonious in scale and mass with the site, the natural
terrain, and surrounding residences because the proposed use is not different than
what exists and its use will not be increased, as it serves the same house.
The second driveway will enable adequate Fire Department access and provide
on -site parking opportunities for guests. It will have low profile and allow for that
portion of the property to be open and unobstructed.
E. The proposed conditional uses are 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.
Section 9. Based upon the foregoing findings in Sections 6, 7 and 8, the Planning
Commission hereby approves the Site Plan Review, Variances and a Conditional Use
Permit in Zoning Case No. 915 to construct 1,750 square feet addition and 1,750 square
feet of underlying basement, 380 square feet of covered porches and a 441 square foot
(2-car) garage to be attached by a 120 square foot breezeway to the residence; to retain
an existing 140 square foot outdoor BBQ and 15 square foot outdoor kitchen and a tree
house in the front; grading of total of 2,510 cubic yards of dirt, to widen one existing
driveway and to encroach with 360 square feet of the new addition and basement, with
180 square feet of the garage and portions of the porch and breezeway into the front
yard setback, subject to the following conditions:
A. The Site Plan, Conditional Use Permit and Variance approvals shall
expire within two years from the effective date of approval if construction pursuant to
this approval has not commenced within that time period, as required by Sections
17.46.080 and 17.38.070(A) of the Rolling Hills Municipal Code, or the approval
granted is otherwise extended pursuant to the requirements of those sections.
Reso. 2017-03 5
• •
B. If any condition of this resolution is violated, the entitlement granted by
this resolution shall be suspended and the privileges granted hereunder shall lapse and
upon receipt of written notice from the City, all construction work being performed on
the subject property shall immediately cease, other than work determined by the City
Manager or his/her designee required to cure the violation. The suspension and stop
work order will be lifted once the Applicant cures the violation to the satisfaction of the
City Manager or his/her designee. In the event that the Applicant disputes the City
Manager or his/her designee's determination that a violation exists or disputes how
the violation must be cured, the Applicant may request a hearing before the City
Council. The hearing shall be scheduled at the next regular meeting of the City
Council for which the agenda has not yet been posted; the Applicant shall be provided
written notice of the hearing. The stop work order shall remain in effect during the
pendency of the hearing. The City Council shall make a determination as to whether a
violation of this Resolution has occurred. If the Council determines that a violation has
not occurred or has been cured by the time of the hearing, the Council will lift the
suspension and the stop work order. If the Council determines that a violation has
occurred and has not yet been cured, the Council shall provide the Applicant with a
deadline to cure the violation; no construction work shall be performed on the
property until and unless the violation is cured by the deadline, other than work
designated by the Council to accomplish the cure. If the violation is not cured by the
deadline, the Council may either extend the deadline at the Applicant's request or
schedule a hearing for the revocation of the entitlements granted by this Resolution
pursuant to Chapter 17.58 of the Rolling Hills Municipal Code (RHMC).
C. All requirements of the 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 the Permit, or shown otherwise on an approved plan,
including but not be limited to the Outdoor Lighting Ordinance. Further, pursuant to
Section 17.27.030, all utility lines to the residence shall be placed underground. Per
Chapter 8.30 of the RHMC the property shall at all times be maintained free of dead
trees and vegetation.
D. The lot shall be developed and maintained in substantial conformance
with the site plan on file dated April 12, 2017, including the widened driveway, as
recommended approval by the Traffic Commission, except as otherwise provided in
these conditions.
E. The working drawings submitted to the Department of Building and
Safety for plan check review must conform to the development plan approved with
this application. A copy of the conditions of this Resolution shall be printed on plans
approved when a building permit is issued and a copy of such approved plans,
including conditions of approval, shall be available on the building site at all times.
Any modifications and/ or changes to the approved project, including resulting from
field conditions, shall be discussed and approved by staff prior to implementing the
changes. Such review will require a public hearing before the Planning Commission if
the modifications represent a major modification of the project.
Reso. 2017-03 6
• i
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 including
conformance with all of the conditions set forth therein and the City's Building Code
and Zoning Ordinance.
Further, the person obtaining a building 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. A minimum of five-foot level path and/or walkway, which does not have
to be paved, shall be provided around the entire perimeter of all of the proposed
structures, or as otherwise required by the Fire Department.
H. Grading for this project will entail 2,510 cubic yards cut and fill total. Dirt
shall not be exported.
I. Structural lot coverage, including a minimum of 450 sq.ft. stable, shall not
exceed 7,092 square feet or 5.8% of the total net lot area of the lot, excluding the
allowed deductions. The total lot coverage will be 14,187 square feet or 11.54% of the
net lot area. The residential building pad, which would be increased by 1,415 square
feet, is proposed at 7,215 square feet, (not in setbacks), shall have coverage of 6,100
square feet (with deductions) or 84.55%.
J.
The disturbed area of the lot shall not exceed 45,825 square feet or 37.3%.
K. A set -aside area for a future stable and corral of 1,000 square feet, shall be
retained on the property at all times, unless an application is filed for a CUP for stable
construction, and it is constructed.
L. In conjunction with an application for a building permit for this project,
the applicant shall submit an application for a permit for the non -permitted outdoor
amenities, or they shall be demolished. A final inspection by the Building Inspector
must be granted for the "as built" and "as graded" items prior to or in concurrence
with a final inspection of the additions.
M. A drainage plan, as 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.
N. The front setback line and the roadway easement line in the vicinity of
the construction of this project shall remain staked throughout the construction.
O. During construction, conformance with the air quality management
district requirements, storm water pollution prevention practices, county and local
Reso. 2017-03 7
• •
ordinances and engineering practices so that people or property are not exposed to
undue vehicle trips, noise, dust, and objectionable odors shall be required.
P. 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
management. Further the property owners shall be required to conform to the County
Health Department requirements for a septic system, should changes to the existing
system be required.
Q. 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.
R. 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.
S. During construction, to the extent feasible, all parking shall take place on
the project site, on the new driveway and, if necessary, any overflow parking may take
place within the unimproved roadway easements along adjacent streets, and shall not
obstruct neighboring driveways, visibility at intersections or pedestrian and equestrian.
passage. During construction, to the maximum extent feasible, employees of the
contractor shall car-pool into the City. To the extent feasible, a minimum of 4' wide
path, from the edge of the roadway pavement, for pedestrian and equestrian passage
shall be available and be clear of vehicles, construction materials and equipment at all
times.
T. During construction, the property owners shall be required to schedule
and regulate construction and related traffic noise throughout the day between the
hours of 7 AM and 6 PM, Monday through Saturday only, when construction and
mechanical equipment noise is permitted, so as not to interfere with the quiet
residential environment of the City of Rolling Hills.
U. The contractor shall not use tools that could produce a spark, including
for clearing and grubbing, during red flag warning conditions. Weather conditions can
be found at:
http:/ /www.wrh.noaa.gov/ lox/ main.php ?suite =safety&p age=hazard_definitions#FI
RE. 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.
Reso. 2017-03 8
V. Prior to finaling of the project an "as graded" and an "as built" plans and
certifications shall be provided to the Planning Department and the Building
Department to ascertain that the completed project is in compliance with the approved
plans. In addition, any modifications made to the project during construction, shall be
depicted on the "as built/as graded" plan.
W. Until the applicants execute an Affidavit of Acceptance of all conditions
of this approval, the approvals shall not be effective. Such affidavit shall be recorded
together with the resolution.
PASSED, APPROVED AND ADOPTE P THIS
i
ATTEST:
HEIDI LUCE, CITY CLERK
IL 2017.
Cl-i�FLF, CHAIRM
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
Reso. 2017-03 9
• •
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS)
I certify that the foregoing Resolution No. 2017-03 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE
PLAN REVIEW, CONDITIONAL USE PERMIT AND
VARIANCES FOR A RESIDENCE ADDITION, BASEMENT,
VARIOUS WALLS AND GRADING; WIDEN ONE OF THE
TWO RESIDENTIAL DRIVEWAYS AND TO ENCROACH
INTO THE FRONT SETBACK WITH PORTIONS OF THE
ADDITIONS, BASEMENT AND GARAGE IN ZONING CASE
NO. 915 AT 1 MIDDLERIDGE LANE NORTH, (PARTS OF
LOTS 15, 16, 17-MR), (CIPOLLA).
was approved and adopted at a regular meeting of the Planning
Commission on April 18, 2017 by the following roll call vote:
AYES: Commissioners Cooley, Kirkpatrick, Seaburn and Chairman
Chelf.
NOES: None.
ABSENT: None.
ABSTAIN: Commissioner Cardenas (recused).
and in compliance with the laws of California was posted at the following:
Administrative Offices.
gitaltc,e)
HEIDI LUCE
CITY CLERK
Reso. 2017-03 10