838, Addition & remodel existing SF, Resolutions & Approval Conditions• •
RESOLUTION NO. 2013-07
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE
PLAN REVIEW TO CONSTRUCT AN ABOVE GRADE DECK AND
TO RECONSTRUCT AN EXISTING DECK IN ZONING CASE NO.
838 AT 3 CHUCKWAGON ROAD, (LOT 40-EF) (LIU). THE
PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY
EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS
DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was duly filed by Mr. and Mrs. Steven Liu with
respect to real property located at 3 Chuckwagon Road, Rolling Hills, CA (Lot
40--EF) requesting a Site Plan Review to construct 1,289 square feet of new above
ground deck and to reconstruct the existing deck. A swimming pool is proposed
to be located on the deck area.
Section 2. The Planning Commission conducted duly noticed public hearing
to consider the application at a field visit on April 16, 2013. The applicants were
notified of the public hearing 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 applicants' agents were in attendance at
the hearing. No one from the public attended the meeting and no inquiries were
received by staff regarding the proposed development.
Section 3. At the field trip visit to the property, the Planning Commission
directed staff to prepare a Resolution of approval for consideration at the May
21, 2013 regular meeting of the Planning Commission.
Section 4. The property is zoned RAS-1 and the gross lot area is 2.3 acres. The
net lot area for development purposes is 85,412 square feet or 1.96 acres. The lot is
located along a bend on Chuckwagon Road and has a frontage of approximately
500 feet. The property is irregular in shape in that it is long and narrow. Other than
the already existing building pad, the property is very steep. Building permits
show that the residence with attached garage and the decks were built in 1977.
Section 5.
property.
Section 6. The Planning Commission finds that the project qualifies as a Class
1 Exemption, Existing Facilities, and is therefore categorically exempt from
environmental review under the California Environmental Quality Act.
Section 7. Section 17.46.020 requires a development plan to be submitted for Site
Plan Review for above grade deck. With respect to the Site Plan Review application
requesting removal and reconstruction of the existing deck and construction of a new
above ground deck, the Planning Commission makes the following findings of fact:
A. The proposed development is compatible with the General Plan, the
Zoning Ordinance and surrounding uses because the proposed structure complies
with the General Plan requirement of low profile, low -density residential development
with sufficient open space between surrounding structures. The project conforms to
Zoning Code lot coverage requirements. No additional disturbance is proposed, as the.
project will be located on previously disturbed area. 272 cubic yards of excavated
material will be required, which will be used on site. The proposed project is screened
An area for a future stable and corral has been designated on the
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from the road and is located entirely in the rear of the house, so as to reduce the visual
impact of the development.
B. The development plan substantially preserves the natural and
undeveloped state of the lot by minimizing building coverage because the new deck
will not cause the lot to look overdeveloped. Significant portions of the lot will be left
undeveloped so as to maintain open space on the property. The existing shrubs and
trees surrounding the existing deck area will remain and will screen the project.
Additional landscaping, as required by this approval, will further screen the deck and
fill in bare spots on the hill below the deck. 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 proposed deck and pool 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 least
intrusive to surrounding properties, will be screened and landscaped with trees and
shrubs, is a sufficient distance from nearby residences so that the proposed structures
will not impact the view or privacy of surrounding neighbors, and will utilize the
existing previously graded area of the lot.
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 maximums set forth in the Zoning Code will not be
exceeded. The proposed construction is compatible in scale and mass with adjacent
properties.
D. The development plan incorporates existing landscaping and is screened
from other properties and the road by existing mature vegetation, which will be
preserved and new landscaping introduced.
E. The development plan follows the existing topography at the rear of the
house and grading will consist of excavation for piles for the deck support and the
swimming pool. The disturbance or grading will take place within the existing
building pad area, which was previously disturbed.
F. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because the
applicants will utilize an existing driveway and access.
G. The project conforms to the requirements of the California Environmental
Quality Act and is exempt.
Section 8. Based upon the foregoing findings, the Planning Commission hereby
approves the Site Plan Review in Zoning Case No. 838 to reconstruct the existing 1,464
square feet of decking and to construct 1,289 square feet of new decks and a swimming
pool subject to the following conditions:
A. The conditions of approval specified herein shall be printed on all
construction plans and shall be at all times available at the construction site.
B. The Site approval shall expire within two years from the effective date of
approval as defined in Section 17.46.080 unless otherwise extended pursuant to the
requirements of that section.
C. It is declared and made a condition of the approval, that if any conditions
thereof are violated, this approval shall be suspended and the privileges granted
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.
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D. All requirements of the Building and Construction Ordinance, Building
Code including the use of construction materials in the VHFHSZ, 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.
E. The lot shall be developed and maintained in substantial conformance
with the site plan on file dated April 10, 2013, and landscaping plan stamp dated May 2,
2013 except as otherwise provided in these conditions. The person obtaining a building
permit for this project shall execute a Certificate of Construction stating that the project
will be constructed according to this Resolution and any plans approved therewith.
F. There shall be no grading for the project, except for 272 cubic yards of
excavation for the swimming pool and the deck, and back fill of the same amount. The
disturbed area of the lot shall remain at 34.7% (not including grading for a future
stable/corral).
G. The structural coverage of the net lot shall not exceed 10,719 square feet
or 12.51%, which includes the decks and the administratively approved improvements,
including the pool and spa; new porch and porte cochere; minor addition; and future
stable and the total coverage of the lot (structures and flatwork) shall not exceed 16,737
square feet or 19.6%.
H. The structural coverage on the existing 16,013 square foot residential
building pad shall not exceed 9,740 square feet or 60.8%.
I. The area of the slope behind the decking shall be landscaped and the
deck shall be screened from neighbors, as shown on the landscaping plan dated May 2,
2013. Any trees and shrubs used in the landscaping scheme for this project shall be
planted in a way that will not result in a hedge like configuration and shall not impair
views from neighboring properties but is to screen the project site. The selected plants
shall be fire resistant.
J. During construction, conformance with the air quality management
district requirements, storm water pollution prevention practices, county and local
ordinances and engineering practices so that people or property are not exposed to
undue vehicle trips, noise, dust, objectionable odors, landslides, mudflows, erosion, or
land subsidence shall be required.
K. Minimum of 50% of the construction material spoils shall be recycled and
diverted from landfills. The hauler shall obtain a Construction and Demolition Permit
from the City and provide the appropriate documentation showing recycling.
L. There shall be no dumping of any debris, trash, soil spoils, construction
materials or any other matter on the property, into the canyon, easements or adjacent
properties.
M. No grading, construction or storage of any objects including building
materials shall take place in the easement, unless approved by the RHCA.
N. 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.
O. All conditions of this Site Plan approval and the landscaping plan must
be complied with prior to the issuance of a final inspection by City staff and Building
Department.
P. The project must be reviewed and approved by the RHCA.
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Q. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills
Municipal Code, any modification to this project, including change in elevation of
the proposed decks or additional development or grading on to the property, shall
require the filing of a new application for approval by the Planning Commission.
Except that the recently proposed house remodel, small addition, swimming pool
and spa, as well as miscellaneous porches and porte cochere, which are included on
the site plan dated April 10, 2013 may be developed with administrative approval.
R. The applicants shall execute an Affidavit of Acceptance Form of all
conditions of this approval, pursuant to Section 17.46.065, or the approval shall not be
effective.
S. Any action challenging the final decision of the City made as a result of the
public hearing on this application must be filed within the time limits set forth in
Section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure
Section 1094.6.
PASSED, APPROVED AND ADOPTED THIS 21st DAY OF MAY 2013.
RA I5 CHELF, CHAI AN
ATTEST:
HEIDI LUCE, DEPUTY CITY CLERK
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS)
I certify that the foregoing Resolution No. 2013-07 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS GRANTING APPROVAL OF A SLUE
PLAN REVIEW TO CONSTRUCT AN ABOVE GRADE DECK AND
TO RECONSTRUCT AN EXISTING DECK IN ZONING CASE NO.
838 AT 3 CHUCKWAGON ROAD,, (LOT 40-EF) (LIU). THE
PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY
EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA).
was approved and adopted at a regular meeting of the Planning Commission on
May 21, 2013 by the following roll call vote:
AYES: Commissioners Henke, Mirsch, Smith and Chairman Chelf.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
DEPUTY CITY CLERK
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