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830, A 385 sq ft addition to existi, Resolutions & Approval ConditionsRESOLUTION NO. 2013-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW RESIDENCE AND A VARIANCE TO ENCROACH WITH A PORTION OF THE RESIDENCE INTO THE FRONT YARD SETBACK IN ZONING CASE NO. 830, AT 6 PORTUGUESE BEND ROAD, (LOT 22-RH), (CHANG). THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:. Section 1. An application was duly filed by Mr. and Mrs. Tsern Shi Chang with respect to real property located at 6 Portuguese Bend Road requesting a Site Plan Review for grading of total of 340 cubic yards of cut and fill to be balanced on for the construction of a new 4,527 square foot residence with 1,007 square foot attached garage, 479 square feet covered porches, and a service yard. A not to exceed 4-foot wall is proposed in the rear, between the garage and the residence. The applicants also seek a Variance to allow the new residence to encroach 20-feet into the front yard setback. Section 2. The Planning Commission conducted several duly noticed public hearings to consider the application at regular meeting on November 20, 2012, January 15, 2013, March 19, 2013, and April 16, 2013 and at two field trips to the property on January 15 and April 16, 2013. Several neighbors were present at the meetings including the first field trip and provided testimony regarding this project. The applicants revised the project several times to reduce the height of the development and configuration of the residence. The applicants were notified of the public hearings in writing by first class mail. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. The applicant's representatives were in attendance at the hearings. Section 3. The property is zoned RAS-1 and is located on the corner of Portuguese Bend Road and Saddleback Road. Not including the roadway easements, the lot is 1.20 acres. For development purposes the net lot area of the lot is 41,704 square feet or 0.95 acres. The lot is irregular in shape as it is long and narrow. The lot narrows in width towards Saddleback Road. Section 4. The property is developed with a 1,924 sq.ft. single family residence and a 385 sq.ft. garage, where 809 sq.ft. of the house and 385 sq.ft. of the garage are within the front yard setback. The current encroachment into the front setback varies from 11' to 28.5'. The new house will encroach between 11' to no more than 20' into the front setback. The existing house will be demolished. The existing driveway is proposed to be moved in a northerly direction and was approved by the Traffic Commission. Section 5. Art ordinance was recently adopted allowing reconstruction of residences within the original footprint and encroachment, providing the property is located in the RAS-1 zoning district, is not larger than 1.25 acres in size (excluding roadway easements), and the encroachment is not greater than 20' into the front setback and not greater than 10' into the side setback. Ordinance No. 326 became effective on May 23, 2012. The subject property meets the criteria of Ordinance No. 326 and the applicants propose to construct the new residence within the 20' front yard encroachment as the existing residence, and encroach up to 20' into the front setback with the new portion of the residence. Pursuant to the new ordinance, the previously existing encroachment is not subject to a Variance. However, additional encroachment into the front yard setback is proposed in an area where currently there is no encroachment. A Variance for this encroachment is required. Reso. 2013-10 6 Portuguese Bend Rd. 1 • • Section 6. The Planning Commission finds that the project qualifies as a Class 3 Exemption, and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 7. Section 17.46.030 requires a development plan to be submitted for Site Plan Review and approval before any grading requiring a grading permit or any new building or structure may be constructed or any expansion, addition, alteration or repair to existing buildings may be made which involve changes to grading or an increase to the size of the building or structure by not more than 999 square feet in any thirty-six (36) month period. With respect to the Site Plan Review application requesting grading and construction of a new residence, 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 structures comply with the General Plan requirement of low profile, low -density residential development with sufficient open space between surrounding structures. The lot size is adequate to accommodate the new residence and not look overdeveloped. The newer homes in the neighborhood are similar or larger in size to the proposed home on similar lots. The project conforms to Zoning Code lot coverage requirements. The net lot area of the lot is 41,704 square feet. The structural net lot coverage is proposed at 15.9%, which includes all the structures, with allowance for permitted deductions, (20% max. permitted); and the total lot coverage proposed will be 28.5%, (35% max. permitted). The disturbed area of the lot is proposed at 39.9%, which includes disturbance for a future stable and corral. B. The development plan substantially preserves the natural and undeveloped state of the lot by minimizing building coverage because the new structure 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 applicants propose utilizing the existing building pad in addition to grading of sloped areas to create gentler slopes and more natural terrain. The rear of the lot is steep and the natural topography of the sloped areas will remain. The nature, condition, and development of adjacent uses, buildings, and structures and the topography of the lot have been considered, and the construction of the new house will not adversely affect or be materially detrimental to the adjacent uses, buildings, or structures because the proposed structure will be constructed on a portion of the lot which is least intrusive to surrounding properties, will be screened and landscaped with trees and shrubs, is a sufficient distance from nearby residences so that the proposed structures will not impact the view or privacy of surrounding neighbors, and will substantially utilize the existing building pad. C. The proposed development, as conditioned, is harmonious in scale and mass with the site, the natural terrain and surrounding residences. The proposed house is not excessive for the size of the lot. The project takes advantage of the new ordinance and eliminates additional grading, therefore preserving the natural terrain in the rear of the lot. D. The development plan incorporates existing trees and is screened from other properties, which will be preserved. The applicant is proposing to keep the large trees on the property and shrubs along the western property line to screen the residence from Portuguese Bend Road and new landscaping will be installed. E. The development plan follows to the maximum extent practicable contours of the site to minimize grading and retain the natural drainage courses. The project utilizes most of the existing building pad area, however portions of the lot will be filled to create gentler pad. The graded areas will be landscaped. F. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles because much of the existing driveway will be utilized and a larger than existing garage will be constructed to house more cars. G. The project conforms to the requirements of the California Environmental Quality Act and is exempt. Reso. 2013-10 6 Portuguese Bend Rd. 2 Section 8. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code permit approval of a Variance from the standards and requirements of the Zoning Ordinance when exceptional or extraordinary circumstances applicable to the property and not applicable to other similar properties in the same zone prevent the owner from making use of a parcel of property to the same extent enjoyed by similar properties in the same vicinity. A Variance to Section 17.16.110 is required because it states that every lot in the RAS-1 zone shall have a front setback of not less than 50 feet from the roadway easement line and shall be unobstructed. The applicant is requesting a Variance to encroach into the front setback. With respect to this request for a Variance, the Planning Commission finds as follows: A. There are exceptional and extraordinary circumstances and conditions applicable to the property that do not apply generally to the other property or lass of use in the same zone. The existing residence has been developed in 1940 and it encroaches into the front setback. The encroachment permits the use of the lot to the extent allowed for other properties with similar lot configurations. The lot was graded at that time to create a pad for construction in a manner that the structure was placed towards the front of the property. The topography of the lot together with the fact that the existing pad and residence are located in the front setback create difficulty in constructing the new residence elsewhere on the property without intruding on neighbors privacy. B. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, but which is denied to the property in question. The Variance is necessary because the existing terrain and development on the lot creates a difficulty in placing the new construction elsewhere on the property. The lot is located on a very unique property where the front is very long, therefore moving the house out of the front setback in an easterly direction would put the house dose to the neighboring house in the rear. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. The proposed construction will be constructed largely on an existing building pad, will be the least intrusive to surrounding properties, will be screened and landscaped, is of sufficient distance from nearby residences and is a lesser encroachment than currently exists into the front setback. The development will not impact the view or privacy of surrounding neighbors, and will permit the owners to enjoy their property without deleterious infringement on the rights of surrounding property owners. D. In granting of the Variance the spirit and intent of the Zoning Ordinance will be observed in that the proposed construction will be orderly, attractive and shall protect the. rural character of the community. The proposed residence will not encroach into the existing or potentially future equestrian uses on the property. A stable and corral area will be retained on the lot. 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. Section 9. Based upon the foregoing findings in Sections 7 and 8, the Planning Commission hereby approves the Site Plan Review application and a Variance as shown on the Site Plan dated April 5, 2013 subject to the following conditions: A. The conditions of approval specified herein shall be printed on all construction plans, including those for Building Department, and shall be available at all times at the construction site. B. The Site Plan Review 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 of the Rolling Hills Municipal Code, or the approval granted is otherwise extended pursuant to the requirements of those sections. Reso. 2013-10 6 Portuguese Bend Rd. 3 • C. It is declared and made a condition of the approval, that if any conditions thereof are violated, this approval shall be suspended and the privileges granted hereunder shall lapse; provided that the applicants have been given written notice to cease such violation, the opportunity for a hearing has been provided, and if requested, has been held, and thereafter the applicant fails to correct the violation within a period of thirty (30) days from the date of the City's determination. D. All requirements of the Building and Construction Code, the Zoning Code of the zone in which the subject property is located, including City of Rolling Hills and RHCA roofing material standards, building material standards, Outdoor Lighting Standards and others, must be complied with unless otherwise set forth in this approval, or shown otherwise on an approved plan. E. The lot shall be developed and maintained in substantial conformance with the site plan on file dated April 5, 2013 including the height of the proposed structure. F. The working drawings submitted to the Department of Building and Safety for plan check and construction review must conform to the development plan approved with this application. The licensed professional preparing construction plans for this project for Building Department review shall execute a Certificate affirming that the plans conform in all respects to this Resolution approving this project and all of the conditions set forth therein and the City's Building Code and Zoning Ordinance. G. Prior to submittal of final plans to the Building Department for issuance of grading or building permits, the plans for the project shall be submitted to staff for verification that the final plans are, in compliance with the plans approved by the Planning Commission. 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. H. Grading shall not exceed 170 cubic yards of cut, 170 cubic yards of fill to be balanced on site and no import/export of dirt from/to the site is anticipated. I. Structural lot coverage shall not exceed 12,867 square feet or 28.5% of the net lot area. J Total lot coverage of structures and paved areas shall not exceed 12,564 square feet or 28.7% in conformance with lot coverage limitations. K. The disturbance of the net lot may not exceed 39.9% or 16,648 square feet of the net lot. L. Residential building pad coverage on the 8,299 square foot residential building pad shall not exceed 75.1 % or 6,179 sq.ft. (not including most of the covered porch, but including the stable). M. The driveway shall be constructed per the plan approved by the Traffic Commission. N. All utility lines to the development shall be placed underground. O. The applicants shall be required to conform to the City of Rolling Hills Water Efficient Landscape Ordinance, Chapter 13.18 of the Municipal Code. The applicant shall submit to the City two copies of a landscaping and irrigation plan and water usage certification prior to obtaining grading or building permits. Within 90-days of completion of the construction of the project, the applicant shall submit a landscaping compliance certification. P. A fuel modification plan, a landscape plan, and an irrigation plan prepared by a registered landscape architect, landscape designer, landscape contractor, or an individual with expertise acceptable to the forestry division of the fire departmerit shall be submitted and Reso. 2013-10 6 Portuguese Bend Rd. 4 approved by the fire Department. A copy of a Covenant and Agreement for maintenance of the fuel modification plan shall be recorded at the registrar-recorder/county clerk's office and copy submitted to the City. Q The development shall be screened from Portuguese Bend Road by trees and shrubs, which shall not grow higher than the ridge line of the residence and shall be planted on the property (behind the roadway easement line) in an off set manner. The growth may not result in a hedge like screening of the development. R. Prior to the issuance of building permit two copies of a preliminary landscape and irrigation plan, per the above requirements, shall be submitted for review by the Planning Department. A security in the amount of the cost estimate of the implementation of the landscaping plan (including irrigation), plus 15% shall be required to be posted prior to issuance of building permits and shall be retained with the City for not less than two years after landscape installation. The retained security will be released by the City after the City Manager/ designee determines that the landscaping was installed pursuant to the landscaping plan as approved, and that such landscaping is properly established and in good condition. S. Minimum of 50% of the demolition and construction spoils shall be recycled and diverted. The debris hauler shall obtain City's license and documentation of diversion shall be submitted to the City. T. There shall be no dumping of any debris, trash, soil spoils, construction materials or any other matter into the canyon or on the easements. U. The front property line, easement line and setback in the vicinity of the area of construction shall be delineated during the entire duration of the construction. 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 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. W. During grading and construction operations, trucks shall not park, queue and/or idle at the project site or in the adjoining right-of-way before or after the permitted hours of operations. To the maximum extent possible, staging of equipment and parking of vehicles during construction shall be on site. X. As part of the soils and geology report, location for a future septic tank to serve the new single-family residence will be established. All applicable State and County requirements, including County Health Department, pertaining to septic tanks construction and mainte ance shall be complied with. Y. The applicants shall comply with requirements for bonding for grading and all other requirements resulting from the review of the soils and geology reports. Z. The applicant shall submit a detailed drainage plan including hydrology study, if required, to the drainage engineer. To the maximum extent practicable, additional drainage generated from the development shall be retained and dissipated on site. Prior to issuance of any grading permits such approved plan shall be submitted to the Planning Department for review and filing. AA. No drainage device may be located in such a manner as to contribute to erosion or in any way affect an easement, trail or adjacent properties. The energy dissipaters shall be designed in such a manner as to not cross over any equestrian trails or easements. The drainage system(s) shall not discharge water onto a trail, shall incorporate earth tone colors, including in the design of the dissipater and shall be screened from any trail and neighbors views to the maximum extent practicable, without impairing the function of the drainage system. Reso. 2013-10 6 Portuguese Bend Rd. 5 • • AB. The property owners shall be required to conform to the Regional Water Quality Control Board and County Public Works Department requirements for the installation and post construction maintenance of stormwater drainage facilities. AC. During construction, conformance with the air quality management district requirements shall be complied with, so that people or property are not exposed to undue vehicle trips, noise, dust, and objectionable odors. The grading activities shall be watered on a daily basis, or more often, if necessary. AD. An Erosion Control Plan per Building Code requirements shall be prepared to minimize erosion and to protect slopes and channels to control storm water pollution as required by the Code. AE. The property owner and/or his/her contractor/applicant shall be responsible for compliance with the no -smoking provisions in the Municipal Code. AF. 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. AG. Until the applicants execute and record an Affidavit of Acceptance of all conditions of this Site Plan Review and Variance approvals, as required by the Municipal Code, the approvals shall not be effective. AH. All conditions of the Site Plan and Variance approvals, that apply, shall be complied with prior to the issuance of grading or building permit. AI. Any modification to the project or future development on the property, including but not be limited to increase in grading quantities, limits of grading or disturbed area or additional structures shall be reviewed by the Planning Commission, pursuant to Section 17.46.040C of the Rolling Hills Municipal Code. AJ. The applicant shall pay all of the applicable Building and Safety and Public Works Department fees and Palos Verdes Peninsula Unified School District fees for new residence. AK. Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in Section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure Section 1094.6. PASSED, APPROVED AND ADOPTED THIS 21st DAY OF AY 2 ATTEST: 40"11,Ate) HEIDI LUCE, DEPUTY CITY CLERK Reso. 2013-10 6 Portuguese Bend Rd. 6 AD CHELF, CI I STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) §§ I certify that the foregoing Resolution No. 2013-10 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A Sl'1,h PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW RESIDENCE AND A VARIANCE TO ENCROACH WITH A PORTION OF THE RESIDENCE INTO THE FRONT YARD SETBACK IN ZONING CASE NO. 830, AT 6 PORTUGUESE BEND ROAD, (LOT 22-RH), (CHANG). THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALl'1'Y ACT (CEQA). was approved and adopted at a regular meeting of the Planning Commission on May 21, 2013 by the following roll call vote: AYES: Commissioners Henke, Mirsch, Smith and Chairman Chelf. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. d/`''i DEPUTY CITY CLERK Reso. 2013-10 6 Portuguese Bend Rd. 7 • • RESOLUTION NO. 1176 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS GRANTING A TIME EXTENSION FOR A PREVIOUSLY APPROVED SITE PLAN REVIEW AND VARIANCE FOR GRADING AND CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 830 AT 6 PORTUGUESE BEND ROAD, (LOT 22-RH), (CHANG). THE CITY COUNCIL DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application was duly filed by Mr. Walter Chang, property owner, with respect to real property located at 6 Portuguese Bend Road, Rolling Hills, CA requesting a two- year time extension for a previously approved Site Plan Review and variance for grading and construction of a new single family residence to replace an existing single family residence in Zoning Case No. 830. The project was approved by Resolution No. 1148 in July 2013. Section 2. The City Council considered this item at a meeting on May 11, 2015 at which time information was presented indicating that additional time is needed to commence construction. Section 3. Based upon information and evidence submitted, the City Council does hereby amend Paragraph B, Section 9 of Resolution No. 1148, dated July 8, 2013 to read as follows: A. The Site Plan and Variances approvals shall expire within four years from the effective date of approval if work has not commenced as defined in Section 17.46.080 of the Zoning Ordinance. No further extension shall be granted. Section 4. Except as herein amended, the provisions and conditions of Resolution No. 1148 shall continue to be in full force and effect. PASSED, APPROVED AND ADOPTED THIS l lth DAY OF MAY 2015. EA DIERNGER MAYOR PRO TEM ATTEST: ii411.kd HEIDI LUCE CITY CLERK Resolution No. 1176 1 • • STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) §§ I certify that the foregoing Resolution No. 1176 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS GRANTING A TIME EXTENSION FOR A PREVIOUSLY APPROVED SITE PLAN REVIEW AND VARIANCE FOR GRADING AND CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 830 AT 6 PORTUGUESE BEND ROAD, (LOT 22-RH), (CHANG). was approved and adopted at a regular meeting of the City Council on May 11, 2015 by the following roll call vote: AYES: Councilmembers Black, Mirsch, Wilson and Mayor Pro Tem Diernger. NOES: None. ABSENT: None. ABSTAIN: Mayor Pieper (recused). and in compliance with the laws of California was posted at the following: Administrative Offices HEIDI LUCE CITY CLERK Resolution No. 1176 2 • rl�� • [ •"201 RECORDING REQUESTED BY ANE *20131133623k MAIL TO: CITY OF ROLLING HILLS PLANNING DEPARTMENT 2 PORTUGUESE BEND RD, ROLLING HILLS, CA 90274 (310) 377-1521 (310) 377-7288 FAX T RECORDER'S USE ONLY THE REGISTRAR -RECORDER'S OFFICE REQUIRES THAT THE FORM BE NOTARIZED BEFORE RECORDATION. ZONING CASE NO. 830 XX SITE PLAN REVIEW XX VARIANCE (SEE EXHIBIT A ATTACHED) I (We) the undersigned state I am (We are) the owner(s) of the real property described as follows: 6 PORTUGUESE BEND ROAD, (LOT 22-RH) ROLLING HILLS, CA 90274 This property is the subject of the above numbered case and conditions of approval am (We are) aware of, and accept, all the stated conditions in said case: ZONING CASE NO. 830 XX SITE PLAN REVIEW XX VARIANCE I (We) c r declare) under the penalty of perjury that to foregoing is true and rrect. Name typed or printed WALTER TSERN-SHI CHANG Address CitylState 5303 VALLEY VIEW ROAD RANCHO PALOS VERDES, CA 90275 Signature Name typed or printed CHIUNG HUI CHANG Address CitylState 5303 VALLEY VIEW ROAD RANCHO PALOS VERDES, CA 90275 Signatures must be acknowledged by a notary public. State of California ) County of Los Angeles ) On_jlhL A 31 20(3 before me, 14-eart v&. Lopez- , vti 7L1blrU (Insert Name of Notary Public and Title) Personally waiter appeared waiter Merin -- Ski airviC ND i 611J ' I- u I Cka ng who proved to me on the basis of satisfactory evidence to be the persons whose name(s)-ist 0 subscribed to the within instrument and acknowledged to me that heJ-she/he executed the same in hisitiefitt011 authorized capacity(ies) and that by bisl-her /theft signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS by hand and official seal. Signature of Nota��`�l�t�G� ( Seal) ALEJANDRA LOPEZ Commission * 1924032 Notary Public • California z Los Angeles County My Comm. Expires Mar 1, 2015 t • RESOLUTION NO. 1148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW RESIDENCE AND A VARIANCE TO ENCROACH WITH A PORTION OF THE RESIDENCE INTO THE FRONT YARD SETBACK IN ZONING CASE NO. 830, AT 6 PORTUGUESE BEND ROAD, (LOT 22-RH), (CHANG). THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT' PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS FOLLOWS: Section 1. An application was duly filed by Mr. and Mrs. Tsem Shi Chang with respect to real property located at 6 Portuguese Bend Road requesting a Site Plan Review for grading of total of 340 cubic yards of cut and fill to be balanced on for the construction of a new 4,527 square foot residence with 1,007 square foot attached garage, 479 square feet covered porches, and a service yard. A not to exceed 4-foot wall is proposed in the rear, between the garage and the residence. The applicants also seek a Variance to allow the new residence to encroach 20-feet into the front yard setback. Section 2. The Planning Commission conducted several duly noticed public hearings to consider the application and at two field trips to the property and approved the project on April 21, 2013. The City Council at their meeting of May 13, 2013 took the case under their jurisdiction and held a field trip public hearing on June 24, 2013 and resumed deliberation of the case at their regular meeting on June 24, 2013. The applicants were notified of the public hearings in writing by first class mail. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff, neighbors and the City Council. The City Council having reviewed, analyzed and studied said proposal at their June 24, 2013 meeting directed staff to prepare a resolution to approve the project. The applicants and their representatives were in attendance at the hearings. Llection 3. The property is zoned RAS-1 and is located on the corner of Portuguese Bend Road and Saddleback Road. Not including the roadway easements, the lot is 1.20 acres. For development purposes the net lot area of the lot is 41,704 square feet or 0.95 acres. The lot is irregular in shape as it is long and narrow. The lot narrows in width towards Saddleback Road. Section 4. The property is developed with a 1,924 sq.ft. single family residence and a 385 sq.ft. garage, where 809 sq.ft. of the house and 385 sq.ft. of the garage are within the front yard setback. The current encroachment into the front setback varies between 11' to 28.5'. The new house will encroach between 11' to 20' into the front setback. The existing house will be demolished. The existing driveway is proposed to be moved in a northerly direction and was approved by the Traffic Commission. Section 5. Pursuant to Ordinance No. 326, a residence may be reconstructed within the original footprint and encroachment, providing the property is located in the RAS-1 zoning district, is not larger than 1.25 acres in size (excluding roadway easements), and the encroachment is not greater than 20' into the front setback and not greater than 10' into the side setback. The subject property meets the criteria of Ordinance No. 326 due to the size of the lot and the existing encroachment. The applicants propose to re -construct the portion of the existing residence within the existing encroachment (not to exceed 20') and encroach up to 20' into the front setback with the new portion of the residence, which requires a Variance and is being requested. Section 6. The City Council finds that the project qualifies as a Class 3 Exemption, and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Resolution No.1148 1 • • Section 7. Section 17.46.Q30 requires a development plan to be submitted for Site Plan Review and approval before any grading requiring a grading permit or any new building or structure may be constructed or any expansion, addition, alteration or repair to existing buildings may be made which involve changes to grading or an increase to the size of the building or structure by not more than 999 square feet in any thirty-six (36) month period. With respect to the Site Plan Review application requesting grading and construction of a new residence, the City Council 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 structures comply with the General Plan requirement of low profile, low -density residential development with sufficient open space between surrounding structures. The lot size is adequate to accommodate the new residence and not look overdeveloped. The newer homes in the neighborhood are similar or larger in size to the proposed home on similar lots. The project conforms to Zoning Code lot coverage requirements. The net Iot area of the lot is 41,704 square feet. The structural net lot coverage is proposed at 15.9%, which includes all the structures, with allowance for permitted deductions, (20% max. permitted); and the total lot coverage proposed will be 28.5%, (35% max. permitted). The disturbed area of the lot is proposed at 39.9%, which includes disturbance for a future stable and corral. B. The development plan substantially preserves the natural and undeveloped state of the lot by minimizing grading and building coverage because the new structure will not cause the lot to look overdeveloped. Significant portions of the Iot will be left undeveloped so as to maintain open space on the property. The applicants propose to utilize the existing building pad for much of the new residence, therefore minimizing grading. However additional minimal grading is necessary to complete the project. The rear of the lot is steep and the natural topography of the sloped areas will remain. The nature, condition, and development of adjacent uses, buildings, and structures and the topography of the lot have been considered, and the construction of the new house will not adversely affect or be materially detrimental to the adjacent uses, buildings, or structures because the proposed structure will be constructed on a portion of the lot which is least intrusive to surrounding properties, will be screened and landscaped with trees and shrubs, is a sufficient distance from nearby residences so that the proposed structures will not impact the view or privacy of surrounding neighbors, and will substantially utilize the existing building pad. C. The proposed development, as conditioned, is harmonious in scale and mass with the site, the natural terrain and surrounding residences. The proposed house is not excessive for the size of the lot. The project takes advantage of the new ordinance, which allows a portion of the new residence to encroach into the front setback, and eliminates additional grading, therefore preserving the natural terrain in the rear of the lot. D. The development plan incorporates existing trees and is screened from other properties, which will be preserved. The applicant is proposing to keep the large trees on the property and shrubs along the western property line to screen the residence from Portuguese Bend Road. New landscaping along Portuguese Bend Road will be planted. F. The development plan follows to the maximum extent practicable contours of the site to minimize grading and retain the natural drainage courses. The project utilizes most of the existing building pad area, however portions of the lot will be filled to create gentler pad. The graded areas will be landscaped. F. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles because the new driveway will be built to Fire Department standards and affords better visibility of the main road than the existing driveway. A larger than existing garage will be constructed to house more cars. G. The project conforms to the requirements of the California Environmental Quality Act and is exempt. Resolution No.1148 • • Section 8. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code permit approval of a Variance from the standards and requirements of the Zoning Ordinance when exceptional or extraordinary circumstances applicable to the property and not applicable to other similar properties in the same zone prevent the owner from making use of a parcel of property to the same extent enjoyed by similar properties in the same vicinity. A Variance to Section 17.16.110 is required because it states that every lot in the RAS-1 zone shall have a front setback of not less than 50 feet from the roadway easement line and shall be unobstructed. The applicant is requesting a Variance to encroach into the front setback. With respect to this request for a Variance, the City Council finds as follows: A. There are exceptional and extraordinary circumstances and conditions applicable to the property that do not apply generally to the other property or class of use in the same zone. The existing residence was constructed in 1942 and it encroaches into the front setback. The encroachment permits the use of the Iot to the extent allowed for other properties with similar lot configurations. The lot was graded at that time to create a pad for construction in a manner that the structure was placed towards the front of the property. The topography of the lot together with the fact that the existing pad and residence are located in the front setback create difficulty in constructing the new residence elsewhere on the property without intruding on neighbors privacy. B. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, but which is denied to the property in question. The Variance is necessary because the existing terrain and development on the lot creates a difficulty in placing the new construction elsewhere on the property. The lot is located on a very unique property where the front is very long, therefore moving the house out of the front setback in an easterly direction would put the house close to an area of a steep terrain and closer to neighbors. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. The proposed construction will be constructed largely on an existing building pad, will be the least intrusive to surrounding properties and require the least amount of grading, will be screened and landscaped, is of sufficient distance from nearby residences and is a lesser encroachment than currently exists into the front setback. The development will not impact the view or privacy of surrounding neighbors, and will permit the owners to enjoy their property without deleterious infringement on the rights of surrounding property owners. D. In granting of the Variance the spirit and intent of the Zoning Ordinance will be observed in that the proposed construction will be orderly, attractive and shall protect the rural character of the community. The proposed residence will not encroach into the existing or potentially future equestrian uses on the property. A stable and corral area will be retained on the lot. 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. Section 9. Based upon the foregoing findings in Sections 7 and 8, the City Council hereby approves the Site Plan Review application and a Variance as shown on the Site Plan dated April 5, 2013 subject to the following conditions: A. The conditions of approval specified herein shall be printed on all construction plans, including those for Building Department, and shall be available at all times at the construction site. B. The Site Plan Review 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 of the Rolling Hills Municipal Code, or the approval granted is otherwise extended pursuant to the requirements of those sections, C. It is declared and made a condition of the approval, that if any conditions thereof are violated, this approval shall be suspended and the privileges granted hereunder shall Resolution No, 1148 3 • lapse; provided that the applicants have been given written notice to cease such violation, the opportunity for a hearing has been provided, and if requested, has been held, and thereafter the applicant fails to correct the violation within a period of thirty (30) days from the date of the City's determination. D. All requirements of the Building and Construction Code, the Zoning Code of the zone in which the subject property is located, including City of Rolling Hills and RHCA roofing material standards, building material standards, Outdoor Lighting Standards and others, must be complied with unless otherwise set forth in this approval, or shown otherwise on an approved plan. E. The lot shall be developed and maintained in substantial conformance with the site plan on file dated April 5, 2013 including the height of the proposed structure. F. The working drawings submitted to the Department of Building and Safety for plan check and construction review must conform to the development plan approved with this application. The licensed professional preparing construction plans for this project for Building Department review shall execute a Certificate affirming that the plans conform in all respects to this Resolution approving this project and all of the conditions set forth therein and the City's Building Code and Zoning Ordinance. G. Prior to submittal of final plans to the Building Department for issuance of grading or building permits, the plans for the project shall be submitted to staff for verification that the final plans are in compliance with the plans approved by the Planning Commission. 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. H. Grading shall not exceed 170 cubic yards of cut, 170 cubic yards of fill to be balanced on site.. I. Structural lot coverage shall not exceed 6,631 square feet or 15.9% of the net lot area. J Total lot coverage of structures and paved areas shall not exceed 11,867 square feet or 28.5% in conformance with lot coverage limitations. K. The disturbance of the net lot may not exceed 39.9% or 16,648 square feet of the net lot. L. Residential building pad coverage on the 8,299 square foot residential building pad shall not exceed 75.1% or 6,179 sq.ft. (not including most of the covered porch, but including the stable). M. The driveway shall be constructed per the plan approved by the Traffic Commission. N. All utility lines to the development shall be placed underground. O. The applicants shall be required to conform to the City of Rolling Hills Water Efficient Landscape Ordinance, Chapter 13.18 of the Municipal Code. The applicant shall submit to the City two copies of a landscaping and irrigation plan and water usage certification prior to obtaining grading or building permits. Within 90-days of completion of the construction of the project, the applicant shall submit a landscaping compliance certification. P. A fuel modification plan, a landscape plan, and an irrigation plan prepared by a registered landscape architect, Iandscape designer, landscape contractor, or an individual with expertise acceptable to the forestry division of the fire department shall be submitted and approved by the Fire Department. A copy of a Covenant and Agreement for maintenance of the fuel modification plan shall be recorded at the registrar-recorder/county clerk's office and Resolution No.1148 4 copy submitted to the City. A Fire Dept. approved fuel modification plan shall also be submitted to the City. Q The development shall be screened from Portuguese Bend Road by trees and shrubs, which shall not grow higher than the ridge line of the residence and shall be planted on the property (behind the roadway easement line) in an off set manner. The growth may not result in a hedge like screening of the development. R. Prior to the issuance of building permit two copies of a preliminary landscape and irrigation plan, per the above requirements, shall be submitted for review by the Planning Department. A security in the amount of the cost estimate of the implementation of the landscaping plan (including irrigation), plus 15% shall be required to be posted prior to issuance of building permits and shall be retained with the City for not less than two years after landscape installation. The retained security will be released by the City after the City Manager/designee determines that the landscaping was installed pursuant to the landscaping plan as approved, and that such landscaping is properly established and in good condition. S. Minimum of 50% of the demolition and construction spoils shall be recycled and diverted. The debris hauler shall obtain City's license and documentation of diversion shall be submitted to the City. T. There shall be no dumping of any debris, trash, soil spoils, construction materials or any other matter into the canyon or on the easements. U. The front property line, easement line and setback in the vicinity of the area of construction shall be delineated during the entire duration of the construction. 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 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. W. During grading and construction operations, trucks shall not park, queue and/or idle at the project site or in the adjoining right-of-way before or after the permitted hours of operations. To the maximum extent possible, staging of equipment and parking of vehicles during construction shall be on site. X. As part of the soils and geology report, location for a future septic tank to serve the new single-family residence will be established. All applicable State and County requirements, including County Health Department, pertaining to septic tanks construction and maintenance shall be complied with. Y. The applicants shall comply with requirements for bonding for grading and a]1 other requirements resulting from the review of the soils and geology reports. Z. The applicant shall submit a detailed drainage plan including hydrology study, if required, to the drainage engineer. To the maximum extent practicable, additional drainage generated from the development shall be retained and dissipated on site. Prior to issuance of any grading permits such approved plan shall be submitted to the Planning Department for review and filing. AA. No drainage device may be located in such a manner as to contribute to erosion or in any way affect an easement, trail or adjacent properties. The energy dissipaters shall be designed in such a manner as to not cross over any equestrian traits or easements. The drainage system(s) shall not discharge water onto a trail, shall incorporate earth tone colors, including in the design of the dissipater and shall be screened from any trail and neighbors views to the maximum extent practicable, without impairing the function of the drainage system. Resolution No.1148 • r AB. The property owners shall be required to conform to the Regional Water Quality Control Board and County Public Works Department requirements for the installation and post construction maintenance of stormwater drainage facilities. AC. During construction, conformance with the air quality management district requirements shall be complied with, so that people or property are not exposed to undue vehicle trips, noise, dust, and objectionable odors. The grading activities shall be watered on a daily basis, or more often, if necessary. AD. An Erosion Control Plan per Building Code requirements shall be prepared to minimize erosion and to protect slopes and channels to control storm water pollution as required by the Code. AE. The property owner and/or his/her contractor/applicant shall be responsible for compliance with the no -smoking provisions in the Municipal Code. AF. 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 httoJ/www.wrh.noaa.eov/lox/main.vhn?suite=safety&naee=hazard definitions#FIRE. It is the sole responsibility of the property owner and/or his/her contractor to monitor the red flag warning conditions. AG. Until the applicants execute and record an Affidavit of Acceptance of all conditions of this Site Plan Review and Variance approvals, as required by the Municipal Code, the approvals shall not be effective. AH. All conditions of the Site Plan and Variance approvals, that apply, shall be complied with prior to the issuance of grading or building permit. AL Any modification to the project or future development on the property, including but not be limited to increase in grading quantities, limits of grading or disturbed area or additional structures shall be reviewed by the Planning Conunission, pursuant to Section 17.46.040C of the Rolling Hills Municipal Code. AJ. The applicant shall pay all of the applicable Building and Safety and Public Works Department fees and Palos Verdes Peninsula Unified School District fees for new residence. AK. Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in Section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure Section 1094.6. PASSED, APPROVED AND ADOPTED THIS 8tht DAY OF JULY 2013. FRANK E. HILL MAYOR ATTEST: /qq VIC/J HEIDI LUCE, DEPUTY CITY CLERK Resolution No.1148 • • . STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) §§ I certify that the foregoing Resolution No. 1148 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS GRANTING AFFROVAL FOR A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW RESIDENCE AND A VARIANCE TO ENCROACH WITH A PORTION OF THE RESIDENCE INTO THE FRONT YARD SETBACK IN ZONING CASE NO. 830, AT 6 PORTUGUESE BEND ROAD, (LOT 22-RH), (CHANG). THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). was approved and adopted at a regular meeting of the City Council on July 8, 2013 by the following roll call vote: AYES: Councilmember Black, Mayor Pro Tem Lay and Mayor Hill. NOES: Councilmember Dieringer. ABSENT: None. ABSTAIN: Councilmember Pieper (recused). and in compliance with the laws of California was posted at the following: Administrative Offices. lextt sd,lAt6 HEIDI LUCE DEPUTY CITY CLERK Resolution No. 1148 7 • This is a true and certified copy of the record ,caKe� o C i/C If it bears the seal, Imprinted In purple Ink, ew � � of the Registrar-Recorder/County Clerk AUG 01 2013 tkeUX..G REcISTI coR; .Myra s LOS G LEs COUNTY, CALIFORNIA