716, For grading and construction o, Resolutions & Approval ConditionsRESOLUTION NO. 2005-35
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR
GRADING AND CONSTRUCTION OF RETAINING WALLS TO MEET SLOPE
STABILITY REQUIREMENT AND DISTANCE REQUIREMENT BETWEEN
STRUCTURES AND TOE OF SLOPES, AND A VARIANCE TO EXCEED THE
MAXIMUM PERMITTED DISTURBED AREA OF THE LOT AT A PROPERTY
WHERE AN APPROVAL WAS PREVIOUSLY GRANTED FOR GRADING AND
CONSTRUCTION AND WHERE DUE TO EXISTING STRUCTURAL
DEVELOPMENT RESTRICTION THIS PROJECT REQUIRES PLANNING
COMMISSION REVIEW, IN ZONING CASE NO. 716, AT 40 EASTFIELD
DRIVE, (LOT 91-EF), (TONSICH).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES
HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. Mr. Nicholas Tonsich duly filed applications with respect to
real property located at 40 Eastfield Drive, Rolling Hills (Lot 91-EF) requesting a
Site Plan Review for remedial grading and construction of walls, including walls
along the driveway, and a Variance to exceed the maximum permitted disturbed
net lot area.
Section 2. The Planning Commission conducted duly noticed public
hearings to consider the applications on October 18, 2005, November 15, 2005,
and at a field trip visit on November 15, 2005. 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. The Planning Commission reviewed, analyzed and studied said
proposal. The applicant and his representatives were in attendance at the
hearings.
Section 3. The City Council, after taking jurisdiction of the case,
approved Zoning Case No. 653 on October 15, 2002, for a Site Plan Review to
permit construction of a 666 square foot addition to an existing single family
residence, to construct a 596 square foot detached garage to replace a 400 square
foot unauthorized detached garage, to construct an 800 square foot guest house
and a future stable; a Variance request to permit the detached garage to encroach
into the required side yard setback and the future stable into the rear setback on a
through lot; and Conditional Use Permits to construct the guest house and the
detached garage on subject property. The City Council also placed a condition on
the project that the Planning Commission reviews any future development on the
property.
Section 4. During the review process of the application by the Los
Angeles County Department of Public Works, the County required soils and
geology study for the property. The soils and geology study performed by the
applicant's geotechnical consultants revealed that the slopes below the proposed
addition and below the proposed detached garage do not meet the factor of
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stability as required by the Los Angeles County Building Code. In addition, the
Los Angeles County Department of Building and Safety requires a horizontal
setback of between 3 feet to 15 feet, depending on the slope gradient, between
structures and the ascending slopes.
Section 5. In order to satisfy the County requirements for slope stability,
the applicant is proposing to trim off a portion of the descending slope below the
existing residence and below the proposed detached garage to a flatter 2:1 slope
gradient, and add planter walls, that would act as retaining walls starting 3 to 5
feet below the top of slope, not to exceed 5-feet in height. In order to meet the
distance requirements between the structures and the slope, the applicant
proposes to introduce terraced retaining planter walls. The retaining walls are
proposed to be located above the detached garage, above the proposed addition,
and above the proposed quest house and will not exceed 5 feet in height.
Section 6. To accomplish the requirement of slope stability and
distance of structures to slope, additional grading would be required, which
would triggers a requirement for a Variance to exceed the maximum permitted
disturbed area of the lot. Previous approval, (in Zoning Case No. 653), allowed
40% disturbance of the net lot area, which is the maximum permitted. This
additional remedial work would bring the disturbed area of the net lot to 23,980
square feet or 60.0%. A gentler slopes of 2:1 (H:V) gradient will result. In
addition, in order to provide an adequate turn around to the garage the
driveway will be re -graded and short walls constructed along both sides of the
driveway. The walls will range in height from a 6" curb to 3 feet.
Section 7. Section 17.46.020(A)(1) and (2) requires a Site Plan Review
for projects requiring a grading permit and for construction of structures, which
includes walls. With respect to the Site Plan Review application, the Planning
Commission makes the following findings of fact:
A. The proposed activity is compatible with the General Plan and the
Zoning Ordinance. The Land Use Element of the General Plan establishes the
maintenance of strict grading practices to preserve the community's natural
terrain. The Building Code and the Zoning Ordinance require a balanced cut and
fill ratio and do not permit import or export of soil, except under special
circumstances applicable to a property and with permission from the City
Manager. The General Plan also permits grading to remediate slopes.
B. The proposed activity preserves and integrates into the site design,
to the maximum extent feasible, existing natural topographic features of the lot
including surrounding vegetation, mature trees, and drainage courses. Although
grading of the existing slopes is necessary to correct slope stability and for
meeting the Code requirement for distance separation between structures and
slope, the resulting slope will be less steep and will meet City's requirements of a
2:1 gradient.
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C. The development plan follows natural contours of the site to the
maximum extent practicable. The natural drainage course will be preserved and
drainage will continue to be directed to the rear of the property.
D. The development plan will, based upon compliance with the
conditions contained in this Resolution, supplement the existing vegetation with
landscaping that is compatible with and enhances the rural character of the
community. Upon completion of the project the graded slopes will be re -
vegetated with native vegetation.
E. The development plan substantially preserves the natural and
undeveloped state of the lot by minimizing building coverage because no new
structures are proposed.
F. The proposed development is harmonious in scale and mass with
the site, the natural terrain and other residences on Eastfield Drive. This grading
is necessary to meet the required factor of stability of the slope of the property.
G. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because the
proposed project will utilize the existing driveway access.
H. The project conforms to the requirements of the California
Environmental Quality Act.
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 17.16.070 (B) is required because it states that the lot
disturbance shall be limited to 40.0% of the net lot area. The applicant is
requesting a Variance because total disturbance of the net lot area is proposed to
be 60.0%. 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 or to the intended use that do not apply generally to
the other property or class of use in the same zone. The Variance for the total
disturbance is necessary because of the existence of poor soil condition, which if
not repaired will threaten the existing residence at 40 Eastfield Drive and the
property owner will not be able to construct the structures previously approved.
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 of the unusual situation on the lot. The property owner will not be able
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to improve his property, which does not allow the property owner a normal use
or to enjoy the property possessed by others in vicinity.
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. All grading and project repair will occur
within the property. The project as conditioned by this Resolution will be
adequately screened to prevent adverse visual impact to surrounding properties.
The proposed development will improve slope stability through the use of
approved drainage and buttressing of the slopes, and will permit the owners to
enjoy their property without deleterious infringement on the rights of
surrounding property owners.
Section 9. Based upon the foregoing findings and the evidence in the
record, the Planning Commission hereby approves the Site Plan Review for
grading and construction of walls, not to exceed 5-feet in height, except along the
driveway, and a Variance to exceed the maximum permitted disturbed (60%) net
lot area in Zoning Case No. 716, subject to the following conditions:
A. 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(A) and 17.38.070 of the Rolling Hills Municipal Code, or the approval
granted is otherwise extended pursuant to the requirements of these Sections.
B. It is declared and made a condition of the Site Plan Review and
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. The lot shall be developed and maintained in substantial
conformance with the site plan on file marked Exhibit A and dated December 16,
2005 and the Drainage and Grading Plan dated November 15, 2005, except as
otherwise provided in these conditions.
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. This Site Plan Review approval is subject to all applicable
requirements and conditions of the State of California, the County of Los
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Angeles, the City of Rolling Hills, any other governmental entities having
reviewed this project, and the requirements of the Rolling Hills Community
Association. The duty of inquiry as to such requirements shall be upon the
applicant.
G. The project must be reviewed and approved by the Rolling Hills
Community Association Architectural Committee.
H. The property owner shall defend, indemnify, and hold harmless
the City of Rolling Hills and its officers, employees and agents from and against
any claim, action or proceeding against the City of Rolling Hills, its officers,
employees, or agents to attack, set aside, void, or annul any approval or
condition of approval of the City of Rolling Hills concerning this Site Plan
Review and Variance application, including but not limited to any approval or
condition of approval of the City Council, Planning Commission or Planning
Director, which action is brought within the time period provided for in
Government Code Section 66499.37. The City shall promptly notify the applicant
of any claim, action, or proceeding concerning the application and the City shall
cooperate fully in the defense of the matter. The City reserves the right, at its
own option, to choose its own attorney to represent the City, its officers,
employees and agents in the defense of the matter.
I. Grading shall not exceed 673 cubic yards of cut and 673 cubic yards
of fill, in addition to the previously approved 111 cubic yards of cut and 111
cubic yards of fill, and shall be balanced on site, and the total shall not affect
more than 60% of the net lot area.
J. The disturbed area of the lot, which includes the existing disturbed
area, the area of the proposed construction and the proposed slope repair area,
shall not exceed 23,980 square feet or 60.0% of the net lot area in conformance
with the Variance.
K. With the proposed walls, the structural coverage shall not exceed
18.1% of the net lot area.
L. With the proposed walls, the total coverage shall not exceed 34.3%
of the net lot area.
M. The walls shall not exceed five feet in height, as measured from the
finished grade to the top of the walls, except that the walls along the driveway
shall be stepped down, ranging from 6" curb to not to exceed three feet in height
and shall be constructed entirely within the driveway easement.
N. The Los Angeles County Drainage, Geology and Soils Sections shall
review and approve grading and drainage plans prior to issuance of building
permits and prior to commencing any work on subject property. The grading
plan shall be based on a detailed engineering geology report and soils
engineering report and show all recommendations submitted by the County
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staff. Prior to the commencement of the project, the applicant shall deposit the
dollar amount of a County approved estimate for a bond for the grading plan.
O. The property owners shall be required to conform to the Regional
Water Quality Control Board and County Health Department requirements for
the installation and maintenance of stormwater drainage facilities.
P. Drainage design shall be approved by the County of Los Angeles
Building and Safety and shall be designed in such a manner as to drain to the
rear of the property and to the maximum extent practicable be dissipated on the
subject property and not in the roadway easement. The above ground swale and
dissipater shown on the site plan dated November 15, 2005 shall incorporate
earth tone colors, and shall be screened from the road and neighbors' views to
the maximum extent practicable, without impairing the function of the drainage
system.
Q. Prior to issuance of grading or drainage permit a detailed and final
drainage and grading plan that conforms 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.
R. After construction, the property owner shall keep the drainage
devices clear at all times of debris, soil, vegetation and any other materials.
S. The applicant shall implement Best Management Practices per the
National Pollution Discharge Elimination System (NPDES) and maintain
adequate landscaping after grading of the slopes is completed.
T. All graded/ disturbed areas shall be landscaped. Landscaping shall
be designed using mature trees and shrubs, but which do not obstruct views
from neighboring properties and which meet the Fire Department requirements.
Two copies of landscaping plans and a cost estimate for material, labor and
irrigation to implement the landscaping plan shall be submitted for review by
the Planning Department prior to the issuance of a grading or building permit.
A bond in the amount of the cost estimate of the implementation of the
landscaping plan plus 15% shall be required to be posted prior to issuance of a
grading 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 bond 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.
U. To prevent construction equipment from going beyond the limits of
the remediation area, contractors shall use fencing or other barriers to the
greatest extent practicable. Contractors shall be informed that work on the site
shall not encroach into the roadway easements.
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V. The property owners shall be required to conform with South Coast
Air Quality Management District, Los Angeles County and local ordinances and
engineering practices during construction by using dust control measures to
stabilize the soil from wind erosion and reduce dust and objectionable odors
generated by construction activities. Stockpiles of soil, sand and similar materials
shall be stabilized by being enclosed, covered, watered twice daily, or with
application of non -toxic soil binders.
W. 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.
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 applicant's contractor may be required to utilize mufflers on
equipment that generates noise above acceptable levels.
AA. 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.
AB. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling
Hills Municipal Code, any modification 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 applicants execute an Affidavit of Acceptance of all
conditions of this Site Plan Review and Variance approvals, as required by
Sections 17.42 and 17.38 of the Zoning Ordinance, the approvals shall not be
effective.
AD. All conditions of the Site Plan and Variance approval, that apply,
shall be complied with prior to the issuance of a building or grading permit from
the County of Los Angeles.
AE. All conditions of approval of Resolution No. 935 shall be in full
force and effect, except as otherwise approved herein.
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PASSED, APPROVED AND ADOPTED THIS 20th DAY OF DECEMBER 2005.
ATTEST:
i/21
MARILY?d I,''1EPUTY CITY CLERK
LOREN DEROY, CHAI 'GVOM N
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS
I certify that the foregoing Resolution No. 2005-35 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE
PLAN REVIEW FOR GRADING AND CONSTRUCTION OF
RETAINING WALLS TO MEET SLOPE STABILITY
REQUIREMENT AND DISTANCE REQUIREMENT BETWEEN
STRUCTURES AND TOE OF SLOPE, AND A VARIANCE TO
EXCEED THE MAXIMUM PERMITTED DISTURBED AREA OF
THE LOT AT A PROPERTY WHERE AN APPROVAL WAS
PREVIOUSLY GRANTED FOR GRADING AND
CONSTRUCTION AND WHERE DUE TO EXISTING
STRUCTURAL DEVELOPMENT RESTRICTION THIS PROJECT
REQUIRES PLANNING COMMISSION REVIEW, IN ZONING
CASE NO. 716, AT 40 EASTFIELD DRIVE, (LOT 91-EF),
(TONSICH).
was approved and adopted at a regular meeting of the Planning Commission on
December 20, 2005 by the following roll call vote:
AYES: Commissioners Hankins, Sommer, Witte and Chairwomen DeRoy.
NOES: None.
ABSENT: Commissioner Henke.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
f/447
DEPUTYCITY CLERK
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