656, Extension for grading and cons, CorrespondenceID
SARIDAKIS
CONSTRUCTION
INC.
Custom Built Homes
April 5, 2004
City of Rolling Hills Estates
No. 2 Portuguese Bend Road
Rolling Hills, CA 90274
RE: Zoning Case #656 and 662
To Whom It May Concern:
This is a request and the fee needed to extend our approval for the above zoning cases,
which expires May 15, 2004. If you have any questions please call me at 310-316-0806.
654 South lrena Avenue • Redondo Beach, CA 90277 • Phone: 310.316.0806 • Fax: 310.316.1568
City 0/ PO/ling 24, S.57
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377.1521
FAX: (310) 377-7288
Email: cityolrh@aol.com
March 3, 2004
Mr. Manelaous Saridakis
654 South Irena Ave
Redondo Beach, CA 90277
SUBJECT: ZONING CASE NO. 656 SITE PLAN REVIEW FOR SINGLE FAMILY RESIDENCE
AND ZONING CASE NO. 662- VARIANCE FOR FUTURE STABLE -EXPIRATION
OF APPROVALS
Dear Mr. Saridakis:
This letter is to inform you that it has been almost one year since the approval of Zoning Case
No. 656 and 662, which was granted by the Planning Commission to the previous owner, Dr.
Robert Marshall. The approvals will expire on MAY 15, 2004, unless grading and/or
construction commences prior to that date.
You can extend the approvals for one year only if you apply to the Planning Commission in
writing to request an extension prior to the expiration date. In your request indicate the reason
for seeking the extension. The filing fee for the time extension is $200 to be paid to the City of
Rolling Hills.
The Planning Commission meets on the third Tuesday of each month. In order for your request
to be placed on the Planning Commission's agenda, it must be submitted to the Planning
Department a minimum of two weeks prior to the Commission's meeting.
Please be advised that the requirements of the agreement between Dr. Marshall and the City,
which requires utility poles to be removed and utility lines placed underground have to be
completed by Mav 2005. Also, we have not received the recorded copy of the Affidavit of
Acceptance Form and Resolutions of Approval for Zoning Case No. 656 and 662. A letter with
instructions for recordation was mailed to Dr. Marshall in May 2003. Grading or construction
permit will not be issued until these documents are recorded. Should you need copies of the
Resolutions and the Affidavit of Acceptance Form, please call me at (310) 377-1521 and I will
be glad to re -sent the appropriate information to you.
olanta Schwartz
lanning Director
cc: Dr. Robert Marshall
s •
City efin Plin9 JJA
May 14, 2003
Dr. Robert Marshall
17 Portuguese Bend Road
Rolling Hills, CA 90274
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
' (310) 377-1521
FAX: (310) 377-7288
E-mail: cityofrh@aol.com
SUBJECT: ZONING CASE NO. 656 and ZONING CASE NO. 662 Request for a Site Plan
Review to permit construction of a new single family residence which requires
grading and a Variance to located the future stable in the front yard (currently
vacant lot) at 18 Portuguese Bend Road, Rolling Hills, CA. (Lot 79-2-RH).
Dear Dr. Marshall:
The City Council at their May 12, 2003, meeting received and filed the Resolutions
approved by the Planning Commission for the above projects.
The City Council decision is effective immediately.
Please find enclosed a copy of the Resolutions and an Affidavit of Acceptance Form. Please
complete the AFFIDAVIT OF ACCEPTANCE FORM, have the signature(s) notarized, and
forward (or hand deliver) the completed form and the Resolutions to:
Los Angeles County Registrar -Recorder
Real Estate Records Section
12400 East Imperial Highway
Norwalk, CA 90650
Include a check in the amount of $9.00 for the first page and $3.00 for each additional page.
I am also enclosing a copy of the approved Development Plan, for your files.
The City will notify the Los Angeles County Building & Safety Division to issue permits only
after the recorded Affidavit of Acceptance and Resolutions are received by us and any
conditions of the Resolutions required prior to issuance of building permits are met. Please
read the conditions of the Resolutions to determine, which conditions must be met prior to
the City issuing building/grading permits.
Please also be advised, that you should commence the preliminary work towards the
required undergrounding project.
®PrInit'il Cyr. H.d Cydi
• •
a
Please feel free to call me at (310) 377-1521 if you have any questions.
IL)
Y/q(anta Schwartz
anning Director
Enclosures: AFFIDAVIT OF ACCEPTANCE FORM
RESOLUTION NO. 2003-04 and RESOLUTION NO. 2003-08
EXHIBIT "A" DEVELOPMENT PLAN
cc: Mr. Douglas McHattie, Bolton Engineering
• •
RECORDING REQUESTED BY AND
MAIL TO
CITY OF ROLLING HILLS
2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
(310) 377-7288 FAX
The Registrar -Recorder's Office requires that the form be notarized before recordation.
AFFIDAVIT 0 F ACCEPTANCE FORM
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
) §§
ZONING CASE NO. 656 and 662
T Recorder's Use Only
SITE PLAN REVIEW X X
VARIANCE X X
CONDITIONAL USE PERMIT
LOT LINE ADJUSTMENT
I (We) the undersigned state:
I am (We are) the owner(s) of the real property described as follows:
18 Portuguese Bend Road (Lot 79-2-RH), Rolling Hills, CA 90274
This property is the subject of the above numbered cases and conditions of approval
I am (We are) aware of, and accept, all the stated conditions in said
ZONING CASE NO. 656 and 662.
SITE PLAN REVIEW X X
VARIANCE XX
CONDITIONAL USE PERMIT
LOT LINE ADJUSTMENT
I (We) certify (or declare) under the penalty of perjury that the foregoing is true and correct.
Signature Signature
Name typed or printed Name typed or printed
Address Address
City/State City/State
Signatures must be acknowledged by a notary oublic.
State of California )
County of Los Angeles )
On before me,
personally appeared
personally known to •me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies) and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
Witness by hand and official seal.
Signature of Notary
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
RESOLUTION NO. 2003-08
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS GRANTING A VARIANCE
APPROVAL TO CONSTRUCT A FUTURE STABLE IN THE
FRONT YARD AREA AT 18 PORTUGUESE BEND ROAD,
(LOT 79-2-RH), IN ZONING CASE NO. 662. (MARSHALL)
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES
HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. Application was duly filed by Dr. Robert Marshall with respect to
real property located at 18 Portuguese Bend Road, Rolling Hills, (Lot 79-2-RH), CA
requesting a Site Plan Review to permit grading and construction of a new residence
with a basement, a pool, future stable to be located in the front yard area and a new
driveway on a vacant lot at 18 Portuguese Bend Road, in Zoning Case No. 656.
Section 2. A. The Planning Commission conducted duly noticed public
hearings to consider the application on November 19, 2002, December 17, 2002, January
21, 2003, February 18, 2003 and at a field trip visit on December 14, 2002. The applicant
was 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 representative was in attendance at the hearings.
B. During the course of the public hearings, the Commission requested that
the applicant reduce the size of the development to meet the City's guideline for
building pad coverage and relocate the proposed structure to minimize the disturbance
of the "Mature Native Vegetation" area. At the February 18, 2003 public hearing, the
applicant presented a revised site plan, in Zoning Case No. 656, to the satisfaction of the
Planning Commission.
C. The City Council, at the March 24, 2003 City Council meeting took
jurisdiction of. Zoning Case No. 656. The City Council determined that the site
designated for a future stable was inadequate because a Variance would be required to
construct a stable in the front yard and no such Variance had been obtained.
D. At the April 14, 2003 City Council meeting, the Council remanded the Site
Plan Review application to the Planning Commission to be considered with an
application for a Variance to construct a future stable in the front yard area.
E. During the Subdivision application process of Parcel Map No. 23991, by
which subject lot was created, several restrictions for future development were placed
on subject parcel. A Flood Hazard Area is located along the entire width of the parcel,
approximately 100 feet east of Blackwater Canyon Road. An intermittent blue line
stream is located within the Flood Hazard Zone. A restriction for any grading and
construction was placed on the lot, whereas only the area approximately 220 feet west
of Portuguese Bend Road could be graded and/or developed subject to a Site Plan
Review. No construction or grading is allowed west of that line. In addition, a condition
• •
has been placed to protect native vegetation from unnecessary removal. A Mature
Native Vegetation (MNV) area has been delineated on the lot, beginning at
approximately ten feet west of the structural restriction line and continuing to the end
of the parcel towards Blackwater Canyon Road.
Section 3. The Planning Commission finds that the project qualifies as a Class
3 Exemption (The State of CA Guidelines, Section 15303) and is therefore categorically
exempt from environmental review under the California Environmental Quality Act.
0
Section 4. 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 other properties.
Section 17.16.200(A)(3) states that no corral, pen, stable, barn other similar holding
facility shall be permitted in a front yard. The applicant is requesting a Variance to
construct a 450 square foot future stable and 550 square foot future corral that would be
located in the front yard. 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 class of
use in the same zone. The restrictions placed on the lot during the subdivision process
encourage retention of the Mature Native Vegetation (MNV) area. Fifty percent of the
lot was designated as MNV area, which was to remain undisturbed. In order to
minimize grading and avoid reduction of the MNV, area, the applicant has proposed
that the future stable be located in the front yard. The restrictions on this lot create a
difficulty in placing the future stable elsewhere on the property.
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
City's Zoning Code requires that an area for a stable and corral be set aside with any
discretionary development on said property, regardless of whether or not the developer
plans to construct such a stable and corral.
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 stable will be screened from the roadway, and no additional
grading will be required when constructed. Further, a substantial portion of the lot will
remain undeveloped and the MNV area undisturbed.
Section 5. Based upon the foregoing findings and the evidence in the record,
the Planning Commission hereby approves the Variance application for Zoning Case
No. 662 for proposed stable and corral as shown on the Development Plan dated
February 13, 2003 and marked Exhibit A, subject to the following conditions:
RESOLUTION NO. 2003-08
Variance, 18 Portuguese Bend Road 2
A. The Variance approvals shall expire within one year from the effective
date of approval as defined in Sections 17.38.070(A) unless otherwise extended
pursuant to the requirements of that section.
B. It is declared and made a condition of the Variance approvals, that if any
conditions thereof are violated, this approval shall be suspended and the privileges
granted thereunder 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.
C. All requirements of the Buildings and Construction Ordinance, the
Zoning Ordinance, and of the zone in which the subject property is located must be
complied with unless otherwise set forth in the Permit, or shown otherwise on an
approved plan.
D. This approval shall be subject to the approval of the soils, geology and
geotechnical reports and studies by the Los Angeles County Department of Public
Works.
E. The working drawings submitted to the County Department of Building
and Safety for plan check review must conform to the development plan approved with
this application.
F. All conditions of approval set forth in Resolution No. 2003-04, pertaining
to the development of a single family residence on subject property, in Zoning Case No.
656, shall remain in full force and effect.
G. The future stable shall conform to all of the requirements of Sections
17.16.170 and 17.16.200 of the Zoning Code and be in substantial conformance with the
site plan on file marked Exhibit A and dated February 13, 2003. In addition, any future
stable structure shall be constructed in a manner that will not unnecessarily disturb
native vegetation and habitat.
H. There shall be no grading for the future stable.
I. Structural lot coverage shall not exceed 6,786 square feet or 7.6%, which
includes the future stable.
J. Total lot coverage of structures and paved areas shall not exceed 14,069
square feet or 15.8% in conformance with lot coverage limitations.
K. The disturbed area of the lot shall not exceed 34,960 square feet or 39.2% of
the net lot area in conformance with lot disturbance limitations.
L. Residential building pad coverage on the 22,880 square foot residential
building pad shall not exceed 6,786 square feet or 29.7%,, which includes 450 square feet
future stable.
RESOLUTION NO. 2003-08
Variance, 18 Portuguese Bend Road 3
• •
M. The provisions of Resolution No. 781, (Tentative Parcel Map),
incorporated herein by reference, pertaining to special removal and disturbance
restrictions of the Mature Native Vegetation (MNV) area and the established structural
setback line shall continue to be in full force and effect.
N. No contractor, operator of a bulldozer or other equipment construction
worker on the site shall allow equipment, supplies or soil to encroach into a MNV area
except as specified on the approved Site Plan.
O. Landscaping shall include water efficient irrigation, to the maximum
extent feasible, that incorporates a low gallonage irrigation system, utilizes automatic
controllers, incorporates an irrigation design using "hydrozones," considers slope
factors and climate conditions in design, and utilizes means to reduce water waste
resulting from runoff and overspray in accordance with Section 17.27.020 (Water
efficient landscaping requirements) of the Rolling Hills Municipal Code.
P. All graded areas shall be landscaped. Landscaping for the entire project
shall be designed using mature native trees, which at full maturity shall not exceed the
ridge height of the structures, and native shrubs so as not to obstruct views of
neighboring properties, but to screen the residence and the pool. In addition, the future
stable, to the maximum extent practicable shall be screened from view from Portuguese
Bend Road, without obstructing the City lights view from the neighboring properties.
Q. During construction, any soil disturbance shall preserve the existing
topography, flora, and natural features to the greatest extent possible.
R. 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.
S. During construction, the Erosion Control Plan containing the elements set
forth in Section 7010 of the 2001 County of Los Angeles Uniform Building Code shall be
followed to minimize erosion and to protect slopes and channels to control stormwater
pollution as required by the County of Los Angeles.
T. During and after construction, all parking shall take place on the project site
and, if necessary, any overflow parking shall take place within nearby roadway
easements.
U. 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.
V. The property owners shall be required to conform with the Regional
Water Quality Control Board and County Health Department requirements for the
installation and maintenance of septic tanks.
RESOLUTION NO. 2003-08
Variance, 18 Portuguese Bend Road 4
•
W. The property owners shall be required to conform with the Regional
Water Quality Control Board and County Health Department requirements for the
installation and maintenance of stormwater drainage facilities.
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) related to solid waste.
Y. A drainage plan system shall be approved by the Planning Department
and County District Engineer, to include any water from any site irrigation systems and
that all drainage from the site shall be conveyed in an approved manner.
Z. A detailed drainage plan and grading plan that conform to the
development plan as approved by the Planning Commission shall be submitted to the
Rolling Hills Planning Department staff for their review and approval.
AA. The project must be reviewed and approved by the Rolling Hills
Community Association Architectural Review Committee prior to the issuance of any
grading or building permits.
AB. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills
Municipal Code, any modifications to the property, which would constitute
additional grading or structural development, shall require the filing of a new
application for approval by the Planning Commission.
AC. Until the applicant executes an Affidavit of Acceptance of all conditions of
the Variance approval, the approval shall not be effective.
AD. All conditions of the Variance approval that apply shall be complied with
prior to the issuance of a grading or a building permit from the County of Los Angeles.
PASSED, APPROVED AND ADOPTED THIS 15TH DAY OF APRIL 2003.
7 X li 7TTiu� /�
EVIE HAI(JKINS, CHAIRWOMAN
ATTEST:
(J d
MARILYN ERN, DEPUTY CITY CLERK
RESOLUTION NO. 2003-08
Variance, 18 Portuguese Bend Road 5
• •
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS
I certify that the foregoing Resolution No. 2003-08 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING
HILLS GRANTING A VARIANCE APPROVAL TO CONSTRUCT A FUTURE STABLE
IN THE FRONT YARD AREA AT 18 PORTUGUESE BEND ROAD, (LOT 79-2-RH), IN
ZONING CASE NO. 662. (MARSHALL)
was approved and adopted at a regular meeting of the Planning Commission on April
15, 2003 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
cc mmissioneIarsgeta, Witte, Sommer and
Cniairwamann in .
Commissioner DeRoy.
None.
None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
1< ..th
DEPUTY CIT CLERK
RESOLUTION NO. 2003-08
Variance, 18 Portuguese Bend Road 6
• •
RESOLUTION NO. 2003-04
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS GRANTING SITE PLAN
REVIEW APPROVAL TO PERMIT GRADING AND
CONSTRUCTION OF A NEW SINGLE FAMILY
RESIDENCE INCLUDING A BASEMENT, A POOL AND A
FUTURE STABLE ON A VACANT LOT AT 18
PORTUGUESE BEND ROAD, IN ZONING CASE NO. 656.
(MARSHALL)
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES
HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. Application was duly filed by Dr. Robert Marshall with respect to
real property located at 18 Portuguese Bend Road, Rolling Hills, (Lot 79-2-RH), CA
requesting a Site Plan Review to permit grading and construction of a new residence
with a basement, a pool, future stable and a new driveway on a vacant lot at 18
Portuguese Bend Road.
Section 2. A. The Planning Commission conducted duly noticed public
hearings to consider the applications on November 19, 2002, December 17, 2002,
January 21, 2003, February 18, 2003 and at a field trip visit on December 14, 2002. The
applicant was 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 representative was in attendance at the hearings.
B. During the course of the public hearings, the Commission requested that
the applicant reduce the size of the development to meet the City's guideline for
building pad coverage and relocate the proposed structure to minimize the disturbance
of. the "Mature Native Vegetation" area. At the February 18, 2003 public hearing, the
applicant presented a revised site plan, to the satisfaction of the Planning Commission.
C. During the Subdivision application process of Parcel Map No. 23991, by
which subject lot was created, several restrictions for future development were placed
on subject parcel. A Flood Hazard Area is located along the entire width of the parcel,
approximately 100 feet east of Blackwater Canyon Road. An intermittent blue line
stream is located within the Flood Hazard Zone. A restriction for any grading and
construction was placed on the lot, whereas only the area approximately 220 feet west
of Portuguese Bend Road could be graded and/or developed subject to a Site Plan
Review. No construction or grading is allowed west of that line. In addition, a condition
has been placed to protect native vegetation from unnecessary removal. A Mature
Native Vegetation (MNV) area has been delineated on the lot, beginning at
approximately ten feet west of the structural restriction line and continuing to the end
of the parcel towards Blackwater Canyon Road.
• •
Section 3. The Planning Commission finds that the project qualifies as a Class
3 Exemption (The State of CA Guidelines, Section 15303) and is therefore categorically
exempt from environmental review under the California Environmental Quality Act.
Section 4. The City of Rolling Hills Municipal Code requires Traffic
Commission's review and approval for all new driveway approaches. The Traffic
Commission reviewed the proposed driveway approach and recommended approval
with conditions.
Section 5. Section 17.46.030 of the Rolling Hills Municipal Code requires a
development plan to be submitted for site plan review and approval before any grading
requiring a grading permit or any 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 at
least 1,000 square feet and has the effect of increasing the size of the building by more
than twenty-five percent (25%) in any thirty-six (36) month period. With respect to the
Site Plan Review application requesting construction of the new house with a basement,
pool, and future stable at an existing vacant lot, 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 project conforms to Zoning
Code setbacks, disturbance and lot coverage requirements. The lot has a net area of
89,280 square feet. The proposed residence (5,040 sq.ft.), garage (720 sq.ft.), swimming
pool (480 sq.ft.), service yard and future stable (450 sq.ft.) will have 6,786 square feet
which constitutes 7.6% of the lot which is within the maximum 20% structural lot
coverage requirement. A 1,968 square foot basement is also proposed. The total lot
coverage including paved areas and driveway will be 14,069 square feet, which is 15.8%
of the net lot which is within the 35% maximum overall lot coverage requirement. The
proposed project will be screened from the road so as to reduce the visual impact of the
development. The disturbed area of the lot will be 39.2%, which is within the 40%
maximum permitted. Grading for this project will require 2,345 cubic yards of cut and
2,345 cubic yards of fill and will be balanced on site.
B. The development plan substantially preserves the natural and
undeveloped state of the lot by minimizing building coverage because the new
structures will not cause the lot to look overdeveloped. Significant portions of the lot
will be left undeveloped so as to maintain scenic vistas across the property. The
structures proposed will not be visible from Blackwater Canyon Road, due to the
retention of the Mature Native Vegetation areas. 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, pool, and future stable
will not adversely affect or be materially detrimental to the adjacent uses, buildings, or
structures because the proposed structures will be constructed on a portion of the lot
which is the least intrusive to surrounding properties, will be screened and landscaped
with trees and shrubs which at maturity will not exceed the ridge height of the
residence, is a sufficient distance from nearby residences so that proposed structures
RESOLUTION NO. 2003-04
• •
will not impact the view or privacy of surrounding neighbors, will not impact slope
stability through the use of approved drainage, will permit the owners to enjoy their
property without deleterious infringement on the rights of surrounding property
owners.
C. The proposed development, as conditioned, is harmonious in scale and
mass with the site, the natural terrain and surrounding residences. As indicated in
Paragraph A, the lot coverage maximum set forth in the Zoning Code will not be
exceeded and the proposed project is consistent with the scale of the neighborhood.
D. The development plan incorporates existing trees and native vegetation to
the maximum extent feasible. Specifically, the development plan preserves dense brush
and shrubs and supplements it with landscaping that is compatible with and enhances
the rural character of the community.
E. The development plan follows natural contours of the site to minimize
grading and the natural drainage courses will continue to the west side (rear) of this lot.
Grading for this project will involve 2,345 cubic yards of cut and 2,345 cubic yards of fill
and will be balanced on site.
F. The development plan 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.
G. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because the proposed
driveway of off Portuguese Bend Road follows to the maximum extent feasible the
natural contours and will require minimal grading. The construction of the driveway, as
recommended by the Traffic Commission, will ensure that visibility is achieved for
pedestrian and vehicular traffic.
H. The project conforms to the requirements of the California Environmental
Quality Act and is exempt.
Section 6. Based upon the foregoing findings and the evidence in the record,
the Planning Commission hereby approves the Site Plan Review application for Zoning
Case No. 656 for proposed structures as shown on the Development Plan dated
February 13, 2003 and marked Exhibit A, subject to the following conditions:
A. The Site Plan Review approval shall expire within one year from the
effective date of approval if construction pursuant to this approval has not commenced
within that time period, as required by Section 17.46.O8O(A) of the Rolling Hills
Municipal Code, or the approval granted is otherwise extended pursuant to the
requirements of this Section.
B. It is declared and made a condition of the Site Plan Review approval, that
if any conditions thereof are violated, this approval shall be suspended and the
privileges granted thereunder shall lapse; provided that the applicant has been given
RESOLUTION NO. 2003-04 3
• •
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.
C. All requirements of the Buildings and Construction Ordinance, the
Zoning Ordinance, the Building Code 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. The construction of the basements shall meet all of the
requirements of Section 17.20.020 of the Zoning Code.
D. This approval shall be subject to the approval of the soils, geology and
geotechnical reports and studies by the Los Angeles County Department of Public
Works.
E. The lot shall be developed and maintained in substantial conformance
with the site plan on file marked Exhibit A and dated February 13, 2003 except as
otherwise provided in these conditions.
F. The working drawings submitted to the County Department of Building
and Safety for plan check review must conform to the development plan approved with
this application.
G. The proposed driveway apron shall be subject to the Traffic Commission's
requirements as follows:
a. The entrance to the driveway shall be a minimum of 24 feet in width for
24 feet inward from the edge of the pavement.
b. The driveway shall be scored for equestrian passage; and
c. The applicant shall be required to clear bushes 10 feet back from the
edge of pavement for 300 feet south of the south edge of the driveway.
H. The future stable shall conform to all of the requirements of Sections
17.16.170 and 17.16.200 of the Zoning Code and be in substantial conformance with the
site plan on file marked Exhibit A and dated February 13, 2003, unless otherwise
approved by the Planning Commission when application for construction is considered.
In addition, any future stable structure shall be constructed in a manner that will not
unnecessarily disturb native vegetation and habitat.
I. Grading shall not exceed 2,345 cubic yards of cut and 2,345 cubic yards of
fill and shall be balanced on site.
J. Structural lot coverage shall not exceed 6,786 square feet or 7.6%.
K. Total lot coverage of structures and paved areas shall not exceed 14,069
square feet or 15.8% in conformance with lot coverage limitations.
L. The disturbed area of the lot shall not exceed 34,960 square feet or 39.2% of
the net lot area in conformance with lot disturbance limitations.
RESOLUTION NO. 2003-04 4
• •
M. Residential building pad coverage on the 22,880 square foot residential
building pad shall not exceed 6,786 square feet or 29.7%, which includes 450 square feet
future stable.
N. The provisions of Resolution No. 781, (Tentative Parcel Map),
incorporated herein by reference, pertaining to special removal and disturbance
restrictions of the Mature Native Vegetation (MNV) area and the established structural
setback line shall continue to be in full force and effect.
O. Prior to the issuance of a grading permit, the applicant at his sole expense
shall hire a native plant specialist, who shall meet with the grading and/or general
contractor for an explanation of the boundaries of the proposed project and the
boundaries of the MNV areas permitted to be removed by the approved Site Plan. The
City shall approve the native plant specialist.
P. No contractor, operator of a bulldozer or other equipment construction
worker on the site shall allow equipment, supplies or soil to encroach into a MNV area
except as specified on the approved Site Plan.
Q. Landscaping shall include water efficient irrigation, to the maximum
extent feasible, that incorporates a low gallonage irrigation system, utilizes automatic
controllers, incorporates an irrigation design using "hydrozones," considers slope
factors and climate conditions in design,' and utilizes means to reduce water waste
resulting from runoff and overspray in accordance with Section 17.27.020 (Water
efficient landscaping requirements) of the Rolling Hills Municipal Code.
R. All graded areas shall be landscaped. Landscaping for the entire project
shall be designed using mature native trees, which at full maturity shall not exceed the
ridge height of the structures, and native shrubs so as not to obstruct views of
neighboring properties, but to screen the residence and the pool. In addition, the
residence, the garage and parking pad, the pool, and when constructed, the future
stable, to the maximum extent practicable shall be screened from view from Portuguese
Bend Road, without obstructing the City lights view from the neighboring properties.
S. Two sets of the proposed landscaping plan shall be submitted to the City,
for staff's review. A security deposit inthe 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 a grading and building permit and shall be
retained with the City for not less than two years after landscape installation. After the
two-year period, upon the request of the applicant, the retained security deposit will be
released by the City Manager after the City Manager or his 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.
T. Pursuant to Section 4 of Resolution No. 814 of the City Council,
(Modification to Tentative Parcel Map No. 23991), and incorporated herein by reference,
the three existing utility poles, two located on the developed parcel at 17 Portuguese
Bend Road, and the other one located on the subject property, shall be removed. Two
RESOLUTION NO. 2003-04 5
• •
new utility poles, one to be located in the northerly easement of the subject lot and the
second in the southerly easement of the developed lot, as shown on the plan of the
Tentative Parcel Map No. 23991 dated April 11, 1997, and incorporated herein by
reference, shall be constructed. Further, all utility lines that traverse or are proposed to
traverse any portion of subject property and the adjacent property (17 Portuguese Bend
Road) shall be placed underground, except that the utility lines may be strung above
ground from: (i) the new pole, which is to be located in the northerly easement of
subject lot and traversing westerly across the canyon, and (ii) the new pole, which is to
be located in the southerly easement of the developed lot and traversing westerly across
the canyon.
U. During construction, any soil disturbance shall preserve the existing
topography, flora, and natural features to the greatest extent possible.
V. 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.
W. During construction, the Erosion Control Plan containing the elements set
forth in Section 7010 of the 2001 County of Los Angeles Uniform Building Code shall be
followed to minimize erosion and to protect slopes and channels to control stormwater
pollution as required by the County of Los Angeles.
X. During and after construction, all parking shall take place on the project site
and, if necessary, any overflow parking shall take place within nearby roadway
easements.
Y. 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.
Z. The property owners shall be required to conform with the Regional
Water Quality Control Board and County Health Department requirements for the
installation and maintenance of septic tanks.
AA. The property owners shall be required to conform with the Regional
Water Quality Control Board and County Health Department requirements for the
installation and maintenance of stormwater drainage facilities.
AB. 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) related to solid waste.
AC. A drainage plan system shall be approved by the Planning Department
and County District Engineer, to include any water from any site irrigation systems and
that all drainage from the site shall be conveyed in an approved manner.
RESOLUTION NO. 2003-04 6
AD. A detailed drainage plan and grading plan that conform to the
development plan as approved by the Planning Commission shall be submitted to the
Rolling Hills Planning Department staff for their review and approval.
AF. The project must be reviewed and approved by the Rolling Hills
Community Association Architectural Review Committee prior to the issuance of any
grading or building permits.
AG. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills
Municipal Code, any modifications to the property, which would constitute
additional grading or structural development, shall require the filing of a new
application for approval by the Planning Commission.
AH. Until the applicant executes an Affidavit of Acceptance of all conditions of
the Site Plan Review approval, the approval shall not be effective.
AL All conditions of the Site Plan approval that apply shall be complied with
prior to the issuance of a grading or building permit from the County of Los Angeles.
PASSED, APPROVED AND ADOPTED THIS 18TH DAY OF MARCH 2003.
0-/-)/6-t
EV1E HANKINS, CHAIRWOMAN
ATTEST:
MARILYN KERN, DEPUTY CITY CLERK
RESOLUTION NO. 2003-04 7
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS
I certify that the foregoing Resolution No. 2003-04 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING
HILLS GRANTING SITE PLAN REVIEW APPROVAL TO PERMIT GRADING AND
CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE INCLUDING A
BASEMENT, A POOL AND A FUTURE STABLE ON A VACANT LOT AT 18
PORTUGUESE BEND ROAD, IN ZONING CASE NO. 656. (MARSHALL)
was approved and adopted at a regular meeting of the Planning Commission on March
18, 2003 by the following roll call vote:
AYES: Commissioners DeRoy, Margeta, Sommer, Witte and
Chairwoman Hankins.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
DEPUTY CITY CLERK
RESOLUTION NO. 2003-04 8
•
City °Moiling _AIL•
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377-7288
E-mail: cityofrh@aol.com
Agenda Item No.: 4B
Mtg. Date: 5/12/03
DATE: MAY 12, 2003
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
ATTN: CRAIG R. NEALIS, CITY MANAGER
FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR
SUBJECT: RESOLUTION NO. 2003-08. A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A
VARIANCE APPROVAL TO CONSTRUCT A FUTURE STABLE IN THE
FRONT YARD AREA AT 18 PORTUGUESE BEND ROAD, (LOT 79-2-
RH), IN ZONING CASE NO. 662, (MARSHALL).
BACKGROUND
1. The Planning Commission adopted Resolution No. 2003-08, which is attached, on
April 15, 2003 at their regular meeting granting a request for a Variance to construct a
future stable in the front yard area on a vacant lot at 18 Portuguese Bend Road. The vote
was 4-1, with Commissioner DeRoy voting against the Variance.
2. The applicant is proposing to construct a new 5,040 square foot house, 720 square
foot garage, 480 square foot swimming pool, 450 square foot future stable, service yard
and 1,968 square foot basement. Approval of the structures, other than the future stable,
is under a separate resolution. No changes to the proposed development were made
from the original approval of the Site Plan for the residence.
3. The future stable is proposed to be located in the front yard area. Grading
quantities for the future stable and corral are included in the proposed grading
quantities for the residence and other structures, which total 2,345 cubic yards of cut
and fill, and were approved by the Planning Commission as part of the Site Plan
Review application. Condition No. 56 of the Subdivision stipulates, "Any future stable
structure shall not be constructed in a manner that will unnecessarily disturb native
habitat and vegetation". The applicant's representative stated that the proposed
location of the future stable is, therefore, the most desirable, as no grading or
disturbance of the Mature Native Vegetation (MNV) areas will be required.
ZC 662 VR
CC 5/12/03
@Printed on Pecyr,;lad
•
4. A Site Plan Review request was presented to the City Council as a report item
on March 24, 2003. At that meeting, the City Council took jurisdiction of Zoning Case
No. 656. The City Council questioned whether a Variance was also required to locate
the future stable in the front yard area and if a Variance application should have been
processed concurrently with the Site Plan Review request for the proposed residence.
Staff has researched this subject and concurred that a Variance application would be
required.
5. Following the March 24, 2003, City Council meeting, staff met with the applicant's
representative to discuss several options. Staff suggested that the applicant explore the
possibility of moving the future stable, so that the need for Variance would be removed.
The applicant's engineer determined that the stable could not be moved without
disturbing the Mature Native Vegetation (MNV) area and requiring greater grading.
6. At the April 14, 2003 City Council public hearing, the Council remanded Zoning
Case No. 656 back to the Planning Commission for consideration of a Variance for
locating the future stable in the front yard area. On April 15, 2003, the Planning
Commission held a public hearing to consider an application for a Variance to locate the
future stable in the front yard, in Zoning Case No. 662.
7. On April 15, 2003, staff received a letter from Dr. Ralph Black requesting that the
City require that Dr. Marshall underground the utilities, as required by the subdivision
approval, prior to construction of the new residence. As a result of this letter,
Commissioner DeRoy suggested that a condition be added to the Resolution of
approval requiring a specific time by which the undergrounding of both properties
would be accomplished. The Commissioners did not recommend that this condition be
included in the Resolution of approval, but that the undergrounding requirement be
resolved as a separate matter.
8. In 1998, upon finaling the subdivision application, the applicant entered into a
contract with the City and posted a bond to underground the utility lines. This contract
expired in 2000. The City Attorney and staff amended the undergrounding construction
agreement, which will be considered under a separate item on the agenda.
9. The property is zoned RAS-2, and the gross lot area is 2.84 acres. The net lot area
is 89,280 square feet. This is a through lot, meaning it has frontage on two roads,
Portuguese Bend Road and Blackwater Canyon Road. Both roadway easements plus ten
feet parallel to the roadway easements and ten feet along the side property lines are
deducted from the gross lot area to calculate the net lot area. The residential building
pad area is proposed to be 22,880 square feet. The proposed residential building pad
coverage will be 6,786 square feet or 29.7%. The Commission's guideline is 30%. A
previous proposal called for residential building pad coverage of 34.1%.
10. The disturbed area is proposed at 39.2%, or 34,960 square feet of the net lot area.
11. The structural net lot coverage proposed is 6,786 square feet or 7.6%, which
includes the residence, garage, service yard, future stable and the swimming pool, (20%
permitted); and the total lot coverage including structures, the driveway and all other
paved areas is proposed at 14,069 square feet or 15.8%, (35% permitted).
ZC 662 VR
CC 5/12/03
• •
12. A not to exceed 5-foot high, approximately 135 feet long retaining wall is
proposed in the side yard. A rubble wall (not on a permanent foundation) is proposed to
continue for approximately 80 feet from the retaining wall.
13. A 24-foot driveway apron and 16-foot wide driveway that will vary in slope from
7.0% near Portuguese Bend Road to 20.0% are proposed for this development. The
applicant stated that the Fire Department would most likely require that a sprinkler
system be installed in the house. The Traffic Commission reviewed the request for a new
driveway on January 23, 2003, and recommended as follows:
• The entrance to the driveway shall be a minimum of 24 feet in width for 24 feet
inward from the edge of the pavement.
• The driveway shall be scored for equestrian passage; and
• The applicant shall be required to clear bushes 10 feet back from the edge of
pavement for 300 feet south of the south edge of the driveway.
14. Subject property is a vacant, 2.84 acres (gross) lot, created in 1998 by a
subdivision of a lot at 17 Portuguese Bend Road. The lot slopes upwards for
approximately 280 feet from Portuguese Bend Road. Then gently descends into a
heavily vegetated canyon with well established bridle trail near the bottom, and then
rises again towards Blackwater Canyon Road.
15. During the Subdivision application process, several restrictions on future
development were placed on the lot. A Flood Hazard Area is located along the entire
width of the parcel, approximately 100 feet east of Blackwater Canyon Road. An
intermittent blue line stream (flows during rainstorms) is located within the Flood
Hazard Zone. A restriction for any grading and construction was placed on the lot,
whereas only the first 220 feet west of Portuguese Bend Road could be graded and/or
developed subject to a Site Plan Review. No construction or grading is allowed west of
that line. In addition, a condition has been placed to protect native vegetation from
unnecessary removal. A Mature Native Vegetation (MNV) area has been designated on
the lot, beginning at approximately the structural restriction line (220 feet west of
Portuguese Bend Road) and continuing to the end of the parcel on Blackwater Canyon
Road.
16. The restrictions for the MNV area stipulate that "no grading, development or
removal of live mature native vegetation in the MNV areas shall be permitted, and no
new trail, access road or pathway shall be created, except in connection with the
approval of a Site Plan Review application, a Community Association approval of an
easement or as required by the Fire Department". Other restrictions pertain to re -
vegetation of native plants and preventing unnecessary grading and destruction of the
MNV areas. During the subdivision process, the applicant was required to prepare a
horticultural resource report, which is attached.
17. During the Planning Commission meetings, objections to the project were voiced
by Mr. and Mrs. Hassoldt. They were concerned with the location and width of the
proposed driveway and with the proposed development in general. In addition, staff
received a letter of objection to this proposal from property owners at 14 Portuguese
ZC 662 VR
CC 5/12/03
• •
Bend Road, who currently reside out of state. Their letter is attached. Also enclosed is a
response to the MacLeod's letter from Dr. Marshall.
18. The project has been determined to be categorically exempt pursuant to the
California Environmental Quality Act (CEQA).
RECOMMENDATION
It is recommended that the City Council receive and file Resolution No. 2003-08.
ZC 662 VR
CC 5/12/03
ZONING CASE No. 656 REVISED 2/18/03
SITE PLAN REVIEW
RA-S-2 ZONE
SETBACKS
Front: 50 ft. from front
easement
line
Side: 35 ft. from property
line
Rear: 50 ft. from property
line (roadway easement)
STRUCTURES
(Site Plan Review
required if size of
structure increases by at
least 1,000 sq. ft. and has
the effect of increasing
the size of the structure
by more than 25% in a
36-month period
STRUCTURAL LOT
COVERAGE
(20% maximum)
TOTAL LOT
COVERAGE
(35% maximum)
RESIDENTIAL BUILDING
PAD COVERAGE (30%
_maximum guideline)
GRADING
Site plan review required
if excavation and/or fill or
combination thereof is
more than 3 feet in depth
and covers more than
2,000 sq. ft., must be
balanced on site
DISTURBED AREA
(40% maximum; any
graded building pad area,
any remedial grading
(temporary disturbance),
any graded slopes and
building pad areas, and
any nongraded area
where impervious
surfaces exist.)
STABLE (minimum 450
sq. ft.) and
CORRAL (minimum 550
sg. ft.)
ZC 662 VR
CC 5/12/03
EXISTING I PREVIOUSLY
PROPOSED
VACANT LOT NEW SINGLE FAMILY
RESIDENCE WITH
GARAGE, P.00L,
BASEMENT AND
FUTURE STABLE
Residence
Garage
Stable
Service Yard
Pool
Bsmt.
TOTAL (excl.
bsmt)
7.9%
16.1%
5040sq.ft.
816 sq.ft.
450 sq.ft.
96 sq.ft.
640 sq.ft.
1968sq.ft.
7,042sq.ft.
34.1% of 20,640 sq.ft.
building pad
2,230 cubic yards cut
2,230 cubic yards fill
37.8% or 33,748 sq.ft of
net lot area
Future 450 sq. ft included
in residential bldg.pad
calculation
Future 550 sq.ft
5
PROPOSED
VARIANCE FOR FUTURE STABLE
IN THE FRONT YARD AREA
Residence
Garage
Stable
Service Yard
Pool
Bsmt.
TOTAL(excl.bsmnt)
5040 sq.ft.
720 sq.ft.
450 sq.ft
96 sq.ft
480 sq.ft.
1968 sq.ft.
6,786 sq.ft.
7.6%
15.8%
29.7% of 22,880 sq.ft. building pad
2,345 cubic yards cut
2,345 cubic yards fill
39.2% or 34,960 sq.ft of net lot area
Future 450 sq. ft included in
residential bldg.pad calculation
Future 550 sq.ft
Site Plan Criteria Existing
STABLE ACCESS
ROADWAY ACCESS
VIEWS
PLANTS AND ANIMALS
ZC 662 VR
CC 5/12/03
Previously Proposed
From Portuguese Bend Rd
24' apron & 16 ' drwy from
Portuguese Bend Rd.
PIng.Comm. conditions
Ping. Comm. conditions
6
Currently proposed
From Portuguese Bend Rd
24' apron & 16 ' drwy from
Portuguese Bend Rd.
PIng.Comm. conditions
PIng.Comm. conditions
It
Nov 19 02 09:27p John K. MacLeod
8474468744
•
To: Planning Commission
City of Rolling Hills
2, Portuguese Bend Road
Rolling Hills, CA 90274
From: John and Judy MacLeod
(owners of 14 Portuguese Bend Road)
9 Warwick Road
Winnetka, IL 60093
November 19, 2002
By
PBTRIr.
NOV 2 0 2002
CITY OF ROLLING HILLS
Re: Proposed subdivision and development of Marshall nronertv
We are writing this letter to communicate our strong opposition to the subdivision of the
Marshall property across the street from our home at # 14. We feel that the project has
been conceived as a speculative venture by Dr.Marshall which will seriously damage the
quality of life of adjacent full-time homeowners. We oppose the project on grounds of its
inappropriate scale, and the placement of its driveway in a dangerous location.
The Marshall property is visible to everyone entering our city, as it rises up above the
other older, historic homes on the lower part of Portuguese Bend Road. What everyone
sees now when they gaze up the road is the natural hillside area of this property, with its
mature vegetation and beautiful natural stone wall. The proposed subdivision takes this
hillside, grades it into a flat pad, and adds a home more than double the size of our home
or its immediate neighbor to the south. Our homes would suddenly have a huge home
towering overhead with views directly into our yards. Moreover, the first image anyone
entering our city would have would be this home, not the natural hillside we all enjoy.
Second, adding a driveway onto the severe curve in Portuguese Bend Road would be
foolish and dangerous on the part of the Planning Commission. In the eight years we
have lived across the street from the Marshall property, there have been at least three
dramatic car crashes on or just below the curve. All of these crashes were the result of
drivers going too fast down Portuguese Bend and then realizing too late they could not
successfully negotiate the curve and/or avoid approaching cars. Fortunately, no one was
killed in these recent crashes, but all could have been worse. The last one we witnessed
left the car upside down with three teenagers inside.
To add another driveway directly onto the middle of this dangerous curve would put all
of us at further risk for serious accidents. The surrounding homeowners are families with
children. How can there safely be a construction site and later a blind driveway on this
most dangerous stretch of road? Further, on our last review of the plans it looked like the
slope of the driveway was severe and that if a car lost its brakes up above on the Marshall
property it would roll directly into #l6 Portuguese Bend. We suggested over a year ago
Nov 19 02 09:27p John K. MacLeod 8474488744 p.2
• •
that the driveway for the subdivision needed to come off the existing driveway and not
directly into the street. We feel this is of the utmost importance.
All in all, we urge the city to exercise caution in reviewing these plans. Please view the
subject property from the perspective of the homes below it, and from the perspective of
everyone who drives up Portuguese Bend.
Thank you for taking the time to consider our views. We look forward to discussing this
matter in more detail with you.
To: Planning Commission
City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, CA 90274
From: Robert W. Marshall, O.D.
17 Portuguese Bend Road
Rolling Hills, CA 90274
January 7, 2003
By
LIW
JAN 0 9 2003
CITY OF ROLLING HILLS
Dear Planning Commission:
I am writing this letter to respond to the letter dated November 19, 2002 written by
John and Judy MacLeod. their objection to the size oldie home t1Lai-1-d sirc
addressed in their letter with the statement "adds a home more than double the size
of our home". That is incorrect. The MacLeod's home is 3,173 sq. ft. on a small lot
of 52,740 sq. ft. If their statement were correct the house that I have requested
would be 6,346 sq. ft.
The 5,040 sq. ft. home that I desire is not large, is nicely set back from the road,
and would enhance the neighborhood. The "natural hillside, mature vegetation, and
beautiful natural wall" the MacLeod's elude to is a lot filled with high weeds from
March until July. The natural wall is not natural at all, it was constructed by me
before the MacLeod's moved into their home. I am getting older and the huge lot
of 109,218 sq. ft. more than double the size of MacLeod's lot is too much work to
maintain. As the MacLeod's were informed when fighting the subdivision if they
like the lot so much they are free to buy it, keep it as it is, and maintain it.
The MacLeod's statement "We feel that the project has been conceived as a
speculative venture by Dr. Marshall" bothers me the most. 1 have resided in
Rolling Hills full time for 24 years. When I purchased my home I overheard
realtors saying what a nice property but what a "tacky house" is on it. My intention
is to take the proceeds of the lot that I subdivided and build a new home that I will
be proud of. The two new houses will enhance the value of the neighborhood. The
city and my neighbors will benefit from the new homes.
• •
I also have a problem with the MacLeod statement eluding to the "older, historic
homes on the lower part of Portuguese Bend Road" being small. The Hwaung's at
10 Portuguese Bend Road, the neighbors next to the MacLeod's to the north, are
building a new house of 5624 sq. ft. on a lot of 57,000 sq. ft. The owners of those
houses are free to enlarge and improve them as the Hwaung's did. It would be
good for the neighborhood if they did.
In the last couple of years there has been two other houses constructed in my area.
Both are across the valley from me. The Lodhie residence which was just
completed before Christmas, located at 12 Upper Blackwater Canyon Road is
7614 sq. ft.; and the Ruzic residence located at 5 Lower Blackwater Canyon Road
is 5167 sq. ft. The newly constructed houses are quite an improvement over what
existed prior.
Just looking at the four projects in my area over the last few years the size of my
proposed house is the smallest. The sizes are 7614 sq. ft., 5624 sq. ft., 5167 sq. ft.,
and the 5040 sq. ft. that I am requesting. I have tried to keep my house's size at the
guidelines and still be large enough for today's standards. Nowadays with the large
extended families, parents and grandparents and children all living in the same
household, a 5000 sq. ft. house is common.
It is true that the residential building pad coverage is 31.9% or 400 sq. ft. more
than the guideline. To put it in perspective 400 sq. ft. is the size of a 20' by 20'
container for storage you could buy at Sears and put in your backyard. However,
the pad could be increased in size 1300 sq. ft. and still keep the disturbed area less
than the required 40%. Then the residential building pad coverage would be at
30% if that is what the planning commission desires.
Thank you for reading and reviewing my letter.
Sincerely,
Robert W. Marshall, O.D.
RESOLUTION NO. 2003-08
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS GRANTING A VARIANCE
APPROVAL TO CONSTRUCT A FUTURE STABLE IN THE
FRONT YARD AREA AT 18 PORTUGUESE BEND ROAD,
(LOT 79-2-RH), IN ZONING CASE NO. 662. (MARSHALL)
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES
HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. Application was duly filed by Dr. Robert Marshall with respect to
real property located at 18 Portuguese Bend Road, Rolling Hills, (Lot 79-2-RH), CA
requesting a Site Plan Review to permit grading and construction of a new residence
with a basement, a pool, future stable to be located in the front yard area and a new
driveway on a vacant lot at 18 Portuguese Bend Road, in Zoning Case No. 656.
Section 2. A. The Planning Commission conducted duly noticed public
hearings to consider the application on November 19, 2002, December 17, 2002, January
21, 2003, February 18, 2003 and at a field trip visit on December 14, 2002. The applicant
was 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 representative was in attendance at the hearings.
B. During the course of the public -hearings, the Commission requested that
the applicant reduce the size of the development to meet the City's guideline for
building pad coverage and relocate the proposed structure to minimize the disturbance
of the "Mature Native Vegetation" area. At the February 18, 2003 public hearing, the
applicant presented a revised site plan, in Zoning Case No. 656, to the satisfaction of the
Planning Commission.
C. The City Council, at the March 24, 2003 City Council meeting took
jurisdiction of Zoning Case No. 656. The City Council determined that the site
designated for a future stable was inadequate because a Variance would be required to
construct a stable in the front yard and no such Variance had been obtained.
D. At the April 14, 2003 City Council meeting, the Council remanded the Site
Plan Review application to the Planning Commission to be considered with an
application for a Variance to construct a future stable in the front yard area.
E. During the Subdivision application process of Parcel Map No. 23991, by
which subject lot was created, several restrictions for future development were placed
on subject parcel. A Flood Hazard Area is located along the entire width of the parcel,
approximately 100 feet east of Blackwater Canyon Road. An intermittent blue line
stream is located within the Flood Hazard Zone. A restriction for any grading and
construction was placed on the lot, whereas only the area approximately 220 feet west
of Portuguese Bend Road could be graded and/or developed subject to a Site Plan
Review. No construction or grading is allowed west of that line. In addition, a condition
CID
• •
has been placed to protect native vegetation from unnecessary removal. A Mature
Native Vegetation (MNV) area has been delineated on the lot, beginning at
approximately ten feet west of the structural restriction line and continuing to the end
of the parcel towards Blackwater Canyon Road.
Section 3. The Planning Commission finds that the project qualifies as a Class
3 Exemption (The State of CA Guidelines, Section 15303) and is therefore categorically
exempt from environmental review under the California Environmental Quality Act.
Section 4. 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 other properties.
Section 17.16.200(A)(3) states that no corral, pen, stable, barn other similar holding
facility shall be permitted in a front yard. The applicant is requesting a Variance to
construct a 450 square foot future stable and 550 square foot future corral that would be
located in the front yard. 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 class of
use in the same zone. The restrictions placed on the lot during the subdivision process
encourage retention of the Mature Native Vegetation (MNV) area. Fifty percent of the
lot was designated as MNV area, which was to remain undisturbed. In order to
minimize grading and avoid reduction of the MNV area, the applicant has proposed
that the future stable be located in the front yard. The restrictions on this lot create a
difficulty in placing the future stable elsewhere on the property.
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
City's Zoning Code requires that an area for a stable and corral be set aside with any
discretionary development on said property, regardless of whether or not the developer
plans to construct such a stable and corral.
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 stable will be screened from the roadway, and no additional
grading will be required when constructed. Further, a substantial portion of the lot will
remain undeveloped and the MNV area undisturbed.
Section 5. Based upon the foregoing findings and the evidence in the record,
the Planning Commission hereby approves the Variance application for Zoning Case
No. 662 for proposed stable and corral as shown on the Development Plan dated
February 13, 2003 and marked Exhibit A, subject to the following conditions:
RESOLUTION NO. 2003-08
Variance, 18 Portuguese Bend Road 2
• •
A. The Variance approvals shall expire within one year from the effective
date of approval as defined in Sections 17.38.070(A) unless otherwise extended
pursuant to the requirements of that section.
B. It is declared and made a condition of the Variance approvals, that if any
conditions thereof are violated, this approval shall be suspended and the privileges
granted thereunder 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.
C. All requirements of the Buildings and Construction Ordinance, the
Zoning Ordinance, and of the zone in which the subject property is located must be
complied with unless otherwise set forth in the Permit, or shown otherwise on an
approved plan.
D. This approval shall be subject to the approval of the soils, geology and
geotechnical reports and studies by the Los Angeles County Department of Public
Works.
E. The working drawings submitted to the County Department of Building
and Safety for plan check review must conform to the development plan approved with
this application.
F. All conditions of approval set forth in Resolution No. 2003-04, pertaining
to the development of a single family residence on subject property, in Zoning Case No.
656, shall remain in full force and effect.
G. The future stable shall conform to all of the requirements of Sections
17.16.170 and 17.16.200 of the Zoning Code and be in substantial conformance with the
site plan on file marked Exhibit A and dated February 13, 2003. In addition, any future
stable structure shall be constructed in a manner that will not unnecessarily disturb
native vegetation and habitat.
H. There shall be no grading for the future stable.
I. Structural lot coverage shall not exceed 6,786 square feet or 7.6%, which
includes the future stable.
J. Total lot coverage of structures and paved areas shall not exceed 14,069
square feet or 15.8% in conformance with lot coverage limitations.
K. The disturbed area of the lot shall not exceed 34,960 square feet or 39.2% of
the net lot area in conformance with lot disturbance limitations.
L. Residential building pad coverage on the 22,880 square foot residential
building pad shall not exceed 6,786 square feet or 29.7%, which includes 450 square feet
future stable.
RESOLUTION NO. 2003-08
Variance, 18 Portuguese Bend Road 3
• •
M. The provisions of Resolution No. 781, (Tentative Parcel Map),
incorporated herein by reference, 'pertaining to special removal and disturbance
restrictions of the Mature Native Vegetation (MNV) area and the established structural
setback line shall continue to be in full force and effect.
N. No contractor, operator of a bulldozer or other equipment construction
worker on the site shall allow equipment, supplies or soil to encroach into a MNV area
except as specified on the approved Site Plan.
O. Landscaping shall include water efficient irrigation, to the maximum
extent feasible, that incorporates a low gallonage irrigation system, utilizes automatic
controllers, incorporates an irrigation design using "hydrozones," considers slope
factors and climate conditions in design, and utilizes means to reduce water waste
resulting from runoff and overspray in accordance with Section 17.27.020 (Water
efficient landscaping requirements) of the Rolling Hills Municipal Code.
P. All graded areas shall be landscaped. Landscaping for the entire project
shall be designed using mature native trees, which at full maturity shall not exceed the
ridge height of the structures, and native shrubs so as not to obstruct views of
neighboring properties, but to screen the residence and the pool. In addition, the future
stable, to the maximum extent practicable shall be screened from view from Portuguese
Bend Road, without obstructing the City lights view from the neighboring properties.
Q. During construction, any soil disturbance shall preserve the existing
topography, flora, and natural features to the greatest extent possible.
R. 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.
S. During construction, the Erosion Control Plan containing the elements set
forth in Section 7010 of the 2001 County of Los Angeles Uniform Building Code shall be
followed to minimize erosion and to protect slopes and channels to control stormwater
pollution as required by the County of Los Angeles.
T. During and after construction, all parking shall take place on the project site
and, if necessary, any overflow parking shall take place within nearby roadway
easements.
U. 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.
V. The property owners shall be required to conform with the Regional.
Water Quality Control Board and County Health Department requirements for the
installation and maintenance of septic tanks.
RESOLUTION NO. 2003-08
Variance, 18 Portuguese Bend Road 4
04
• •
W. The property owners shall be required to conform with the Regional
Water Quality Control Board and County Health Department requirements for the
installation and maintenance of stormwater drainage facilities.
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) related to solid waste.
Y. A drainage plan system shall be approved by the Planning Department
and County District Engineer, to include any water from any site irrigation systems and
that all drainage from the site shall be conveyed in an approved manner.
Z. A detailed drainage plan and grading plan that conform to the
development plan as approved by the Planning Commission shall be submitted to the
Rolling Hills Planning Department staff for their review and approval.
AA. The project must be reviewed and approved by the Rolling Hills
Community Association Architectural Review Committee prior to the issuance of any
grading or building permits.
AB. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills
Municipal Code, any modifications to the property, which would constitute
additional grading or structural development, shall require the filing of a new
application for approval by the Planning Commission.
AC. Until the applicant executes an Affidavit of Acceptance of all conditions of
the Variance approval, the approval shall not be effective.
AD. All conditions of the Variance approval that apply shall be complied with
prior to the issuance of a grading or a building permit from the County of Los Angeles.
PASSED, APPROVED AND ADOPTED THIS 15TH DAY OF APRIL 2003.
1
c: 7`t���/L-v✓�
HAI.IKINS, CHAIRWOMAN
ATTEST:
MARILYN KERN, DEPUTY CITY CLERK
RESOLUTION NO. 2003-08
Variance, 18 Portuguese Bend Road
• •
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2003-08 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING
HILLS GRANTING A VARIANCE APPROVAL TO CONSTRUCT A FUTURE STABLE
IN THE FRONT YARD AREA AT 18 PORTUGUESE BEND ROAD, (LOT 79-2-RH), IN
ZONING CASE NO. 662. (MARSHALL)
was approved and adopted at a regular meeting of the Planning Commission on April
15, 2003 by the following roll call vote:
AYES:'
NOES:
ABSENT:
ABSTAIN:
CommissionefiRIargeta, Witte, Sommer and
airwoman n in .
Commissioner DeRoy.
None.
None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
1'',r,
DEPUTY CIT CLERK
RESOLUTION NO. 2003-08
Variance, 18 Portuguese Bend Road 6
elty
April 8, 2003
Mr. Robert Marshall
17 Portuguese Bend Road
Rolling Hills, CA 90274
•
0/ie0ii4 iiP,
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377-7288
E-mail: cityofrh@aol.com
SUBJECT: ZONING CASE NO. 662. Request for a Variance to permit construction of a future stable
in the front yard at 18 Portuguese Bend Road, Rolling Hills, CA. (Lot 79-2-RH).
Pursuant to state law the City's staff has completed a preliminary review of the application noted
above and finds that the information submitted is:
X Sufficiently complete as of the date indicated above to allow the application to be processed.
Please note that the City may require further information in order to clarify, amplify, correct, or
otherwise supplement the application. If the City requires such additional information, it is strongly
suggested that you supply that information promptly to avoid any delay in the processing of the
application.
Your application for Zoning Case No. 662 has been set for public hearing consideration by the
Planning Commission at their meeting on Tuesday. April 15. 2003.
The meeting will begin at 7:30 PM in the Council Chambers, Rolling Hills City Hall Administration
Building, 2 Portuguese Bend Drive, Rolling Hills. You or your designated representative must attend
to present your project and to answer questions.
The staff report for this project will be available at the City Hall after 3:00 PM on Friday, April 11,
2003. We will forward a copy to you.
Please call me at (310) 377-1521 if you have any questions.
Sincerely,
olanta Schwartz
Planning Director
cc: Mr. Douglas McHattie, Bolton Engineering
•
• •
To: Planning Commission
City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, CA 90274
From: Robert W. Marshall, O.D.
17 Portuguese Bend Road
Rolling Hills, CA 90274
January 7, 2003
Dear Planning Commission:
By
JAN 0 9 2003
CITY OF ROLLING HILLS
I am writing this letter to respond to the letter dated November 19, 2002 written by
John and Judy MacLeod. Their objection to the size of the home that I desire is
addressed in their letter with the statement "adds a home more than double the size
of our home". That is incorrect. The MacLeod's home is 3,173 sq. ft. on a small lot
of 52,740 sq. ft. If their statement were correct the house that I have requested
would be 6,346 sq. ft.
The 5,040 sq. ft. home that I desire is not large, is nicely set back from the road,
and would enhance the neighborhood. The "natural hillside, mature vegetation, and
beautiful natural wall" the MacLeod's elude to is a lot filled with high weeds from
March until July. The natural wall is not natural at all, it was constructed by me
before the MacLeod's moved into their home. I am getting older and the huge lot
of 109,218 sq. ft. more than double the size of MacLeod's lot is too much work to
maintain. As the MacLeod's were informed when fighting the subdivision if they
like the lot so much they are free to buy it, keep it as it is, and maintain it.
The MacLeod's statement "We feel that the project has been conceived as a
speculative venture by Dr. Marshall" bothers me the most. I have resided in
Rolling Hills full time for 24 years. When I purchased my home I overheard
realtors saying what a nice property but what a "tacky house" is on it. My intention
is to take the proceeds of the lot that I subdivided and build a new home that I will
be proud of. The two new houses will enhance the value of the neighborhood. The
city and my neighbors will benefit from the new homes.
• •
I also have a problem with the MacLeod statement eluding to the "older, historic
homes on the lower part of Portuguese Bend Road" being small. The Hwaung's at
10 Portuguese Bend Road, the neighbors next to the MacLeod's to the north, are
building a new house of 5624 sq. ft. on a lot of 57,000 sq. ft. The owners of those
houses are free to enlarge and improve them as the Hwaung's did. It would be
good for the neighborhood if they did.
In the last couple of years there has been two other houses constructed in my area.
Both are across the valley from me. The Lodhie residence which was just
completed before Christmas, located at 12 Upper Blackwater Canyon Road is
7614 sq. ft.; and the Ruzic residence located at 5 Lower Blackwater Canyon Road
is 5167 sq. ft. The newly constructed houses are quite an improvement over what
existed prior.
Just looking at the four projects in my area over the last few years the size of my
proposed house is the smallest. The sizes are 7614 sq. ft., 5624 sq. ft., 5167 sq. ft.,
and the 5040 sq. ft. that I am requesting. I have tried to keep my house's size at the
guidelines and still be large enough for today's standards. Nowadays with the large
extended families, parents and grandparents and children all living in the same
household, a 5000 sq. ft. house is common.
It is true that the residential building pad coverage is 31.9% or 400 sq. ft. more
than the guideline. To put it in perspective 400 sq. ft. is the size of a 20' by 20'
container for storage you could buy at Sears and put in your backyard. However,
the pad could be increased in size 1300 sq. ft. and still keep the disturbed area less
than the required 40%. Then the residential building pad coverage would be at
30% if that is what the planning commission desires.
Thank you for reading and reviewing my letter.
Sincerely,
Robert W. Marshall, O.D.
Nov 19 02 09:27p John K. MacLeod
To: Planning Commission
City of Rolling Hills
2, Portuguese Bend Road
Rolling Hills, CA 90274
From: John and Judy MacLeod
(owners of 14 Portuguese Bend Road)
9 Warwick Road
Winnetka, IL 60093
November 19, 2002
8474468744
•
tpy)iIr
NOV 202002
By
CITY OF ROLLING HILLS
Re: Proposed subdivision and development of Marshall nronertv
We are writing this letter to communicate our strong opposition to the subdivision of the
Marshall property across the street from our home at # 14. We feel that the project has
been conceived as a speculative venture by Dr.Marshall which will seriously damage the
quality of life of adjacent full-time homeowners. We oppose the project on grounds of its
inappropriate scale, and the placement of its driveway in a dangerous location.
The Marshall property is visible to everyone entering our city, as it rises up above the
other older, historic homes on the lower part of Portuguese Bend Road. What everyone
sees now when they gaze up the road is the natural hillside area of this property, with its
mature vegetation and beautiful natural stone wall. The proposed subdivision takes this
hillside, grades it into a flat pad, and adds a home more than double the size of our home
or its immediate neighbor to the south. Our homes would suddenly have a huge home
toweringoverhead with views directly into our yards. Moreover, the first image anyone
entering our city would have would be this home, not the natural hillside we all enjoy.
Second, adding a driveway onto the severe curve in Portuguese Bend Road would be
foolish and dangerous on the part of the Planning Commission. In the eight years we
have lived across the street from the Marshall property, there have been at least three
dramatic car crashes on or just below the curve. All of these crashes were the result of
drivers going too fast down Portuguese Bend and then realizing too late they could not
successfully negotiate the curve and/or avoid approaching cars. Fortunately, no one was
killed in these recent crashes, but all could have been worse. The last one we witnessed
left the car upside down with three teenagers inside.
To add another driveway directly onto the middle of this dangerous curve would put all
of us at further risk for serious accidents. The surrounding homeowners are families with
children. How can there safely be a construction site and later a blind driveway on this
most dangerous stretch of road? Further, on our last review of the plans it looked like the
slope of the driveway was severe and that if a car Iost its brakes up above on the Marshall
property it would roll directly into #16 Portuguese Bend. We suggested over a year ago
p.1
Nov 19 02 09:27p John K. MacLeod
411
8474468744
011
p. 2
that the driveway for the subdivision needed to come off the existing driveway and not
directly into the street. We feel this is of the utmost importance.
All in all, we urge the city to exercise caution in reviewing these plans. Please view the
subject property from the perspective of the homes below it, and from the perspective of
everyone who drives up Portuguese Bend.
Thank you for taking the time to consider our views. We look forward to discussing this
matter in more detail with you.