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, Grading and construction of a , Correspondence• • Cup o//EJ/i,, Jh/h June 22, 2016 Mr. and Mrs. Wheeler 38 Portuguese Bend Road Rolling Hills, CA 90274 ZONING CASE NO. 843-Mod. - EXTENSION Dear Mr. and Mrs. Wheeler: INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377.7288 This letter shall serve to notify you that the Planning Commission at their regular meeting on June 21, 2016 approved your request for a 2-year extension of time to commence the construction of the project approved in Zoning Case No. 843, as modified, ( grading, an 860 sq.ft. covered porch and walls on the swimming pool building pad of your property). A copy of the resolution approving the extension is enclosed. The time extension is valid to July 17, 2018, by which time the construction must commence, or the entitlement will become null and void. Per the Municipal Code regulations, no additional extension may be granted. Please call me at (310) 377-1521 if you have any questions regarding this matter. S. ely, YbYanta Sc wart nning Director Printed on Recycled Paper • • RESOLUTION NO. 2016-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A TIME EXTENSION TO A PREVIOSULY APPROVED PROJECT FOR SITE PLAN REVIEW IN ZONING CASE NO. 843-MODIFICATION, AT 38 PORTUGUESE BEND ROAD, LOT 118-RH, (WHEELER). 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. Wheeler with respect to real property located at 38 Portuguese Bend Road requesting two year time extension to comply with the requirements of Resolution No. 2014-13 to commence construction of the approved project, consisting of 860 square foot solid roof patio, retaining walls, spa, outdoor kitchen and grading. Resolution No. 2014-13 was a modification to the construction of the retaining walls for this project, approved by Resolution No. 2014-04, dated February 17, 2014. Section 2. The Commission considered this item at a meeting on June 21, 2016 at which time information was presented by the applicants indicating that additional time is needed to process and implement the project. Section 3. Based upon information and evidence submitted, the Planning Commission grants two year time extension and does hereby amend Paragraph B of Section 6 of Resolution No. 2014-13, dated June 17, 2014 to read as follows: B. The approval granted under Zoning Case No. 843, as amended herein, shall expire within four years from the effective date of approval of this modification if construction pursuant to this approval has not commenced within that time period as required by Section 17.46.080A of the Rolling Hills Municipal Code. No further extension shall be granted. Section 4. Except as herein amended, the provisions and conditions of Resolution No. 2014-04 and Resolution No. 2014-13 shall continue to be in full force and effect. PASSED, APPROVED AND ADOPTED. THIS 21t ►"AY 1 N 2016. BRAD CELF, CHAIRM ATTEST: GZ HEIDI LUCE CITY CLERK • • STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) §§ I certify that the foregoing Resolution No. 2016-16 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A TIME EXTENSION TO A PREVIOSULY APPROVED PROJECT FOR SITE PLAN REVIEW IN ZONING CASE NO. 843-MODIFICATION, AT 38 PORTUGUESE BEND ROAD, LOT 118-RH, (WHEELER). was approved and adopted at a regular meeting of the Planning Commission on June 21, 2016 by the following roll call vote: AYES: Commissioners Cardenas, Gray and Chairman Chelf. NOES: None. ABSENT: Commissioner Kirkpatrick. ABSTAIN: Commissioner Smith (recused). and in compliance with the laws of California was posted at the following: Administrative Offices HEIDI LUCE CITY CLERK To the Rolling Hills Planning Commission June 6, ZO16 Re: Zoning case 8L Covered Patio, Walls, and Spa 38 Portuguese Bend Road We would like to ask for a Z year extension on our approved plans regarding zoning case 8* to allow commencement of the approved work without further delay. We do have our grading permit, and all plans are ready to go, Just not pulled. We are working out some kinks that popped up, and we are trying to figure out our options. Thankyou foryour consideration. Best Re Stevearid Lori Wheeler 58 Portuguese Bend Road RECE1V:Dr D JUN 0 8 2016 City of Rolling Hills By (.•>•,0G HI(Z8o * 9 -n 0 ItZ March 17, 2014 City ol leollinp Mr. and Mrs. Wheeler 38 Portuguese Bend Road Rolling Hills, CA 90274 ZONING CASE NO. 843 REVISED Dear Mr. and Mrs. Wheeler: INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 This letter shall serve to notify you that the City Council at their regular meeting on March 10, 2014 received and filed Zoning Case No. 843, approving your project. Before this case takes effect the owners are required to record an Affidavit of Acceptance Form together with the subject Resolution in the Office of the County Recorder. Please read the conditions of approval, as some may have to be met prior to issuance of a permit. In addition, the conditions of approval must be placed onto the cover sheet of the plans submitted for Building Department review. I am enclosing a copy of RESOLUTION NO. 2013-04 specifying the conditions of approval set forth by the Planning Commission and the approved Development Plan to keep for your files. Please complete the enclosed AFFIDAVIT OF ACCEPTANCE FORM, have the signature(s) notarized, and forward, (or hand deliver), the completed form and a copy of the Resolution to: Los Angeles County Registrar -Recorder Real Estate Records Section 12400 East Imperial Highway Norwalk, CA 90650 (562) 462-2125 OR LAX Courthouse 11701 S. La Cienega Blvd. 6th Floor Los Angeles, CA 90045 310-727-6142 Please confirm the hours of operation and cost of recordation with the County Clerks Office, as they change frequently. 0 Printed on Recycled Paper • • The preparer of the construction plans will be required to sign an affidavit stating that the plans submitted to the Building Department for review are the same as those approved by the City; and further, prior to obtaining a grading/building permit you and/ or your agent will be required to sign an affidavit stating that the structure will be constructed according to the approved plans. I will provide you the certification forms prior to your submittal of the plans to the Building Department. Please make a copy of the Resolution for your records and keep a copy of the plans with the conditions printed on the plans at the construction site at all times and assure that the contractor adheres to the conditions in the Resolution during the entire construction process. Any deviation from the approved plans and conditions of approval must be brought to City's attention for review prior to it being implemented by the contractor. Please call me at (310) 377-1521 if you have any questions. S' ly, lanta Schwartz P anning Director Enclosures: AFFIDAVIT OF ACCEPTANCE FORM RESOLUTION NO. 2013--04 SITE PLAN FOR YOUR FILE cc: Dan Bolton, Bolton Engineering, (cover letter only) RECORDING REQUESTED BY AND MAIL TO: CITY OF ROLLING HILLS PLANNING DEPARTMENT 2 PORTUGUESE BEND RD. ROLLING HILLS, CA 90274 (310) 377-1521 (310) 377-7288 FAX T RECORDER'S USE ONLY THE REGISTRAR -RECORDER'S OFFICE REQUIRES THAT THE FORM BE NOTARIZED BEFORE RECORDATION. AFFIDAVIT OF ACCEPTANCE FORM STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ZONING CASE NO. 850 XX VARIANCES I (We) the undersigned state ) §§ (SEE EXHIBIT A ATTACHED) I am (We are) the owner(s) of the real property described as follows: 85 EASTFIELD DRIVE, ROLLING HILLS, CA 90274 (LOT 10-A-EF) This property is the subject of the above numbered case and conditions of approval I am (We are) aware of, and accept, all the stated conditions in said ZONING CASE NO. 850 XX VARIANCES (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 • • See Exhibit A, attached Signatures must be acknowledged by a notary public. State of California ) County of Los Angeles ) On before me, (Insert Name of Notary Public and Title) Personally appeared who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS by hand and official seal. Signature of Notary ( Seal) 4110 .-I-fie-,rr RESOLUTION NO. 2014-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF NOT TO EXCEED 5 FOOT WALL AND SOLID ROOF .COVERED PATIO AND A VARIANCE FOR A RETAINING WALL, WHICH ON THE AVERAGE EXCEEDS 2 1/2 FEET IN HEIGHT IN ZONING CASE NO. 843, 38 PORTUGUESE BEND ROAD, (LOT 118-RH), ROLLING HILLS, CA. 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 Wheeler with respect to real property located at 38 Portuguese Bend Road, Rolling Hills (Lot 118-RH) requesting a Site Plan Review to construct one, approximately 192' long, 5' high retaining wall to flatten and enlarge the pool building pad and to construct an 860 square foot solid roof covered patio. A 90 square foot spa and 90 square foot pool equipment area are also proposed. Grading will consist of 305 cubic yards of cut and 305 cubic yards of fill, which will be balanced on site. A Variance is requested because the retaining wall will not average out to 2.5' in height. The applicants show a 720 square foot future stable and corral site below the pool area, 25 feet from the rear property line. Additional would be required when the stable and corral are constructed. Section 2. Following several public hearings and two field trips at which the Planning Commissioners and members of the public expressed concerns about the project, the applicants revised their project for the second time. For this second revision, the Planning Commission conducted a duly noticed public hearing on January 21, 2014. The applicants were notified of the public hearings in writing by first class mail. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. The applicants and their representatives were in attendance at the hearings. Section 3. The lot is 5.08-acre in size in the RAS-2 zoning district. Portuguese Bend Road divides the property, where approximately 47,500 square feet of the lot (1.07 acres) is located on the west side of the road and the remaining on the east side of the road. Portuguese Bend Road roadway easement along this lot is 80 feet wide. The portion east of Portuguese Bend Road is developed with 5,112 square foot residence, 761 square foot garage, 773 square foot swimming pool, 653 square foot guest house, covered porches, entryway . and service yard. The portion of the lot west of the road is undeveloped. ZC No. 843 1 C1t a/,� June 24, 2014 Mr. and Mrs. Wheeler 38 Portuguese Bend Road Rolling Hills, CA 90274 ZONING CASE NO. 843 and 843 MODIFICATION Dear Mr. and Mrs. Wheeler: INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377.7288 This letter is to notify you that the City Council at their regular meeting on March 10, 2014 received and filed Zoning Case No. 843, approving your project and on June 23, 2014 ratified the Planning Commission's decision for the MODIFICATION to your project to construct two 21 high walls rather than one 5' high retaining wall. Before this case takes effect you are required to record an Affidavit of Acceptance Form together with both Resolutions in the Office of the County Recorder. Please read the conditions of approval, as some may have to be met prior to issuance of a permit. I am enclosing a copy of RESOLUTION NO. 2014-04 and RESOLUTION NO. 2014-13 TOGETHER WITH THE AFFIDAVIT OF ACCEPTANCE FORM specifying the conditions of approval set forth by the Planning Commission and the approved Development Plan -modified to keep for your files. Please complete the enclosed AFFIDAVIT OF ACCEPTANCE FORM, have the signature(s) notarized, and forward, (or hand deliver), the completed form and both Resolutions to: Los Angeles County Registrar -Recorder Real Estate Records Section 12400 East Imperial Highway Norwalk, CA 90650 (562) 462-2125 OR LAX Courthouse 310-727-6142 11701 S. La Cienega Blvd. 6th Floor, Los Angeles, CA 90045 0 Printed on Recycled Paper Confirm the hours of operation and cost of recordation with the County Clerks Office, as they change frequently. The preparer of the construction plans will be required to sign an affidavit stating that the plans submitted to the Building Department for review are the same as those approved by the City; and further, prior to obtaining a grading/building permit you and/or your agent will be required to sign an affidavit stating that the project will be constructed according to the approved plans. I will provide you the certification forms prior to your submittal of the plans to the Building Department. Please make a copy of the Resolutions for your records and keep a copy of the plans with the conditions printed on the plans at the construction site at all times and assure that the contractor adheres to the conditions in the Resolutions during the entire construction process. Any deviation from the approved plans and conditions of approval must be brought to City's attention for review prior to it being implemented by the contractor. Please call me at (310) 377-1521 if you have any questions. olanta Schwartz Planning Director Enclosures: AFFIDAVIT OF ACCEPTANCE FORM RESOLUTION NO. 2014 — 04 and 2014-13 SITE PLAN - MODIFICATION FOR YOUR FILE cc: Dan Bolton, Bolton Engineering, (cover letter only) • RECORDING REQUESTED BY AND MAIL TO: CITY OF ROLLING HILLS PLANNING DEPARTMENT 2 PORTUGUESE BEND RD. ROLLING HILLS, CA 90274 (310) 377-1521 (310) 377-7288 FAX T RECORDER'S USE ONLY THE REGISTRAR -RECORDER'S OFFICE REQUIRES THAT THE FORM BE NOTARIZED BEFORE RECORDATION. AFFIDAVIT OF ACCEPTANCE FORM STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ZONING CASE NO. 843 AND 843-MODIFICATION (SEE EXHIBIT A & B ATTACHED) XX SITE PLAN REVIEWNARIANCE AND MODIFICATION I (We) the undersigned state I am (We are) the owner(s) of the real property described as follows: 38 PORTUGUESE BEND ROAD, ROLLING HILLS, CA 90274 (LOT 118-RH) This property is the subject of the above numbered case and conditions of approval I am (We are) aware of, and accept, all the stated conditions in said ZONING CASE NO. 843 AND 843-MODIFICATION XX SITE PLAN REVIEW/ VARIANCE AND MODIFICAITON TO SITE PLAN REVIEW (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 • • See Exhibit A and Exhibit B attached Signatures must be acknowledged by a notary public. State of California ) County of Los Angeles ) On before me, (Insert Name of Notary Public and Title) Personally appeared who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS by hand and official seal. Signature of Notary ( Seal) • 06(Eiv2ri- A RESOLUTION NO. 2014-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF NOT TO EXCEED 5 FOOT WALL AND SOLID ROOF COVERED PATIO AND A VARIANCE FOR A RETAINING WALL, WHICH ON THE AVERAGE EXCEEDS 2 1/2 FEET IN HEIGHT IN ZONING CASE NO. 843, 38 PORTUGUESE BEND ROAD, (LOT 118-RH), ROLLING HILLS, CA. 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 Wheeler with respect to real property located at 38 Portuguese Bend Road, Rolling Hills (Lot 118-RH) requesting a Site Plan Review to construct one, approximately 192' long, 5' high retaining wall to flatten and enlarge the pool building pad and to construct an 860 square foot solid roof covered patio. A 90 square foot spa and 90 square foot pool equipment area are also proposed. Grading will consist of 305 cubic yards of cut and 305 cubic yards of fill, which will be balanced on site. A Variance is requested because the retaining wall will not average out to 2.5' in height. The applicants show a 720 square foot future stable and corral site below the pool area, 25 feet from the rear property line. Additional would be required when the stable and corral are constructed. Section 2. Following several public hearings and two field trips at which the Planning Commissioners and members of the public expressed concerns about the project, the applicants revised their project for the second time. For this second revision, the Planning Commission conducted, a duly noticed public hearing on January 21, 2014. The applicants were notified of the public hearings in writing by first class mail. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. The applicants and their representatives were in attendance at the hearings. Section 3. The lot is 5.08-acre in size in the RAS-2 zoning district. Portuguese Bend Road divides the property, where approximately 47,500 square feet of the lot (1.07 acres) is located on the west side of the road and the remaining on the east side of the road. Portuguese Bend Road roadway easement along this lot is 80 feet wide. The portion east of Portuguese Bend Road is developed with 5,112 square foot residence, 761 square foot garage, 773 square foot swimming pool, 653 square foot guest house, covered porches, entryway and service yard. The portion of the lot west of the road is undeveloped. ZC No. 843 1 alt(6 II A- • • Section 4. The net lot area for development purposes is 4.43 acres or 192,980 square feet, which excludes the roadway easement. The property is steep, except where already developed. There are two trails on the property; Si's Trail along the bottom on the west side of the lot and Georgeff Trail along the eastern side of the lot Section 5. The Planning Commission finds that the project qualifies as a Class 3 Exemption, and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 6. Section 17.46.030 of the Zoning Ordinance 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. Section 17.16.200H requires a development plan to be submitted for Site Plan Review for solid roof covered patio, if such patio together with other detached . miscellaneous structures exceed 800 square feet and Section 17.16.190F requires a Site Plan review for walls over 3 feet in height. Grading is required for these improvements. With respect to the Site Plan Review application for grading and for the improvements the Planning Commission makes the following findings of fact: A. The proposed development is compatible with the General Plan and surrounding uses because the proposed project complies with the requirement of low profile, low- density residential development with sufficient open space between surrounding structures. The grading for the improvements are minor (305 cubic yards of cut and 305 cubic yards of fill) on a large lot), and are not contained in a concentrated area, therefore the lot would not have the appearance of having unnatural terrain, as all of the grading blend into a natural looking condition. The cut and fill do not exceed 5 feet, which is the maximum permitted without a variance. The proposed wall will be screened so as to reduce the visual impact of the development. B. The development plan substantially preserves the natural and undeveloped state of the lot because the new improvements will not cause the lot to look overdeveloped. The proposed covered patio will be located on the existing pool building pad (although enlarged through the grading). The 5' wall is. required to minimize grading to create a larger building pad. Significant portions of the lot will be left undeveloped so as to maintain open space on the property. The nature, condition, and development of adjacent uses, buildings, and structures and the topography of the lot have been considered, and the construction will not adversely affect or be materially detrimental to the adjacent uses, buildings, or structures because the proposed improvements will be constructed on a portion of the lot which is least intrusive to surrounding properties, will be screened and landscaped with plants and shrubs, is of sufficient distance from nearby residences so that the proposed project will not impact the view or privacy of surrounding neighbors. ZC No. 843 2 • • C. The proposed development, as conditioned, is harmonious in scale and mass with the site, the natural terrain and surrounding residences. The proposed project is consistent with the scale of the neighborhood, as it is on a large lot. D. The development plan follows natural contours of the site to the maximum extend practicable to accomplish groomed and usable areas of the lot. Natural drainage courses will not be affected by the project. Grading will not modify existing drainage channels nor redirect drainage flow. The project is not located in a canyon or on existing slopes that exceed 25%. E. The project preserves much of the exiting vegetation and mature trees. The development plan will introduce drought -tolerant landscaping, which is compatible with and enhances the rural character of the community, and the landscaping will provide a buffer or transition area between private and public areas. A landscaping plan has been filed with the City. F. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles because the proposed development will utilize the existing driveway. G. The project conforms to the requirements of the California Environmental Quality Act and is exempt. Section 7. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code permit approval of a Variance from the standards and requirements of the Zoning Ordinance when exceptional or extraordinary circumstances applicable to the property and not applicable to other similar properties 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 from Section 17.16.190F is requested because it states that walls may not exceed 5' on the average of 21/2 feet in height. The applicants request a Variance to allow the entire wall to be 5' in height. 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 this property that do not apply generally to the other properties in the same zone. The property is unique in that the original grading and construction created several terraced areas, and in order to enlarge one of the terraced flat area a retaining wall is required. The steep slopes between the terraces cannot accommodate a short, less than 5' walls, without having to re -grade the upper pad. The swimming pool building pad is already developed with the swimming pool and a guest house, so in order to create more usable area of the lot the pad needs to be enlarged, thus the requirement for the retaining wall. B. The variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity and zone, but which ZC No. 843 3 • • would be denied to the property in question absent a variance. Many of the homes in the area are developed with walls that on the average exceed 2.5' in height. 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 a discretionary permission by the Planning Commission. The project conforms to the grading requirements, Zoning Code setbacks and lot coverage requirements. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. The proposed wall will not impact the view or privacy of surrounding neighbors, and will permit the owners to enjoy their property without deleterious infringement on the rights of surrounding property owners. D. In granting the variance, the spirit and intent of the Zoning Ordinance will be observed. The purpose of the Zoning Ordinance is to regulate development in an orderly fashion and in a manner consistent with the goals and policies of the General Plan. Approval of the variance will not impede any goals of the Zoning Ordinance or the General Plan. Rather, the variance will allow the property owner to enjoy the same rights and privileges afforded.to other property owners in the vicinity. The 'requested variance is not substantial and does not undermine the spirit or intent of the Zoning Ordinance. E. The variance does not grant special privileges to the applicant. The applicant revised their application and reduced the scope of structures several times since the initial submittal. Significant portions of the lot will be left undeveloped so as to maintain open space on the property. The structures will be screened. The nature, condition, and development of adjacent uses, buildings, and structures and the topography of the lot have been considered, and the construction 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 of sufficient distance from nearby residences and will substantially utilize the existing relatively flat area for the new construction. F. The variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities. Section 8. Based upon the foregoing findings in Sections, 6 and 7, the Planning Commission hereby approves the Site Plan Review and Variances application in Zoning Case No. 843 for grading, construction of an 860 square foot covered patio and a 5' ZC No. 843 4 • • retaining wall exceeding 2.5' in height on the average as shown on the Site Plan dated January 10, 2014 subject to the following conditions: A. The conditions of approval specified herein shall be printed on all construction plans and shall be available at the construction site at all times. B. The Site Plan Review and Variance approvals shall expire within two years from the effective date of approval if construction pursuant to this approval has not commenced within that time period, as required by Sections 17.46.080(A) and 17.38.070(A) of the Rolling Hills Municipal Code, or the approval granted is otherwise extended pursuant to the requirements of those sections. C. It is declared and made a condition of the approval, that if any conditions thereof are violated, this approval shall be suspended and the privileges granted hereunder shall lapse; provided that the applicants have been given written notice to cease such violation, the opportunity for a hearing has been provided, and if requested, has been held, and thereafter the applicant fails to correct the violation within a period of thirty (30) days from the date of the City's determination. D. All requirements of the Building and Construction Code, the Zoning Code, and of the zone in which the subject property is located must be complied with, including the Outdoor Lighting Ordinance, unless otherwise set forth in this approval, or shown otherwise on an approved plan. E. The lot shall be developed and maintained in substantial conformance with the site plan on file dated January 10, 2014. Prior to submittal of final working drawings to the Building and Safety Department for issuance of grading and/or building permits, the plans for the project shall be submitted to City staff for verification that the final plans are in compliance with the plans approved by the Planning Commission. F. The licensed professional preparing construction plans for this project for Building Department review shall execute a Certificate affirming that the plans conform in all respects to this Resolution approving this project and all of the conditions set forth therein and the City's Building Code and Zoning Ordinance. Further, the person obtaining a building and/ or grading permit for this project shall execute a Certificate of Construction stating that the project will be constructed according to this Resolution and any plans approved therewith. G. The project must be reviewed and approved by RHCA. ZC No. 843 5 H. Grading shall not exceed 305 cubic yards of cut and 305 cubic yards of fill to be balanced on site. 100 cubic yards is allowed for over -excavation. No additional grading or disturbance of the access road to the construction site shall be permitted. I. Structural lot coverage shall not exceed 9,874 square feet or 5.1 % of the net lot area, in conformance with the zoning requirement. J Total lot coverage of structures and paved areas shall not exceed 26,928 square feet, including the driveway or 14.0% in conformance with the zoning ordinance. K. The proposed retaining wall may not at any point exceed 5-feet, as measured from the finished grade. L. The disturbance of the net lot shall not exceed 67,963 square feet of surface area or 35.2%, which includes the future stable, corral and access thereto, as shown on the plan stamp dated January 10, 2014. M. The solid roof covered patio shall not exceed 860 square feet, as measured from the finished exterior surface of the posts. The patio may not be enclosed on any side. Any utility to the structure shall be placed underground. N. The structural coverage on the proposed 9,318 square foot swimming pool building pad shall not exceed 2,466 square feet or 26.5%. O. If applicable, the applicant shall be required to conform to the City of Rolling Hills Water Efficient Landscape Ordinance, Chapter .13.18 of the Municipal Code. P. The project shall be landscaped and continually maintained in substantial conformance with the landscaping plan on file stamp dated. February 6, 2014. 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 screening and as to not to impair views from neighboring properties but to screen the project site, including the wall. Q. 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 proof of recycling. R. There shall be no discarding of any debris, trash, soil and construction spoils or any other material into the canyon or deposited anywhere on the property, including easements. No grading, planting, structures, drainage devices or hardscape, including driveways, or storage of any objects including building materials shall take place in the easements, unless approved by the RHCA. ZC No. 843 6 S. If a construction fence is erected during construction, it shall not be located in any easement or cross over trails. T. During construction, the property owners shall be required to schedule and regulate construction and related traffic noise throughout the day between the hours of 7 AM and 6 PM, Monday through Saturday only, when construction and mechanical equipment noise is permitted, so as not to interfere with the quiet residential environment of the City of Rolling Hills. U. During grading and construction operations, trucks shall not park, queue and/ or idle at the project site or in the adjoining right-of-way before or after the permitted hours of operations. To the maximum extent possible, staging of equipment and parking of vehicles during construction shall be on site. V. The applicant shall comply with grading requirements relative to submittal of grading and construction reports as required by the Building Official. W. If required by the Building Official, the applicant shall submit a detailed drainage plan to the City's drainage engineer. This project shall meet the requirements of the City's Low Impact Development portion of the Storm Water Management and Pollution Control ordinance. X. No drainage device may be located in such a manner as to contribute to erosion or in any way affect an easement, trail or adjacent properties. The energy dissipaters shall be designed in such a manner as to not cross over any equestrian trails or easements. The drainage system(s) shall not discharge water onto a trail, shall incorporate earth tone colors, including in the design of the dissipater and shall be screened from any trail and neighbors views to the maximum extent practicable, without impairing the function of the drainage system. Y. The property owners shall be required to conform to the Regional Water Quality Control Board and County Public Works Department requirements for the installation of best management practices (BMPs) related to solid waste and storm water management, including erosion control measures, and post construction maintenance of stormwater drainage facilities. Z. During construction, conformance with the air quality management district requirements shall be complied with, so that people or property are not exposed to undue vehicle trips, noise, dust, and objectionable odors. AA. The property owner and/ or his/her contractor/applicant shall be responsible for compliance with the no -smoking provisions in the Municipal Code. ZC No. 843 7 • • AB. The contractor shall not use tools that could produce a spark, including for clearing and grubbing, during red flag warning conditions. Weather conditions can be found at: http://www.wrh.noaa.gov/lox/main.php?suite=saf etv&page=hazard_definitions#FIR E. It is the sole responsibility of the property owner and/or his/her contractor to monitor the red flag warning conditions. AC. The property on which the project is located shall contain an area of minimum of 1,000 square feet to provide an area meeting all standards for a stable (450 square feet) and corral (550 square feet) with access thereto. AD. Until the applicants execute and record an Affidavit of Acceptance of all conditions of this Site Plan Review and Variances approvals, as required by the Municipal Code, the approvals shall not be effective. AE. All conditions of the Site Plan and Variances approvals, that apply, shall be complied with prior to the issuance of grading or building permit. AF. 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 18th DAY 0 ._ BRUARY 2014. A i CH1LF, CHAIR AN ATTEST: 41 a CO HEIDI LUCE, CITY CLERK ZC No. 843 8 • STA IE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 2014-04 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF NOT TO EXCEED 5 FOOT WALL AND SOLID ROOF COVERED PATIO AND A VARIANCE FOR A RETAINING WALL, WHICH ON THE AVERAGE EXCEEDS 2 1/2 FEET IN HEIGHT IN ZONING CASE NO. 843, 38 PORTUGUESE BEND ROAD, (LOT 118-RH), ROLLING HILLS, _ CA. 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 February 18, 2014 by the following roll call vote: AYES: Commissioners Gray, Kirkpatrick, Mirsch and Chairman Chelf. NOES: None. ABSENT: None. ABSTAIN: Vice Chair Smith (recused). and in compliance with the laws of California was posted at the following: Administrative Offices. icktan HEIDI LUCE CITY CLERK ZC No. 843 9 eel-1-461a RESOLUTION NO. 2014-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A MODIFICATION TO PLANNING COMMISSION RESOLUTION NO. 2014-04 AND APPROVING A MODIFICATION OF CERTAIN CONDITIONS OF PREVIOUSLY APPROVED SITE PLAN REVIEW AND A VARIANCE FOR GRADING, CONSTRUCTION OF NOT TO EXCEED 5 FOOT HIGH RETAINING WALL WHICH ON THE AVERAGE EXCEEDS 2 1/2 FEET IN HEIGHT AND CONSTRUCTION OF A SOLID ROOF COVERED PATIO IN ZONING CASE NO. 843, AT 38 PORTUGUESE BEND ROAD, (WHEELER), (LOT 118-RH), ROLLING HILLS, CA. 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. A. An application was duly filed by Mr. and Mrs. Steven Wheeler with respect to real property located at 38 Portuguese Bend Road, Rolling Hills, requesting a modification to a previously approved project for grading of 305 cubic yards of cut and 305 cubic yards of fill, balanced on site; construction of approximately 192' long, 5' high retaining wall to flatten and enlarge the pool building pad and to construct an 860 square foot solid roof covered patio. A 90 square foot spa and 90 square foot pool equipment area were also approved. B. The request for modification consists of the construction of two 2'-6"walls, rather than one 5' high retaining wall. One of the walls (interior wall - closer to the swimming pool pad) would be a retaining wall and the outer wall would be a rubble wall. A 2'6" wide planting area is proposed between the walls. No other modifications are required to accomplish the construction of the terraced walls. Section 2. The Commission considered this item at a duly noticed public hearing on June 17, 2014, at which time information was presented indicating the necessity for the modification. The applicants were notified of the public hearings in writing by first class mail. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. The applicants and their representative were in attendance at the hearing. Section 3. The Planning Commission finds that the project to modify Zoning Case No. 843 qualifies as a Class 3 Exemption, and is therefore categorically exempt from environmental review under the California Environmental Quality Act. ZC No. 843 Modification 1 �KHi61ib Section 4. Section 17.46.070 of the Zoning Ordinance provides procedures for the request of modification to approved projects. The City Manager or his/her designee shall determine if the modification is "major" or "minor". The City Manager or his/her designee may act on a minor modification. A major modification shall be considered a new project and requires a new application. Staff deemed the modification a "major" modification, which requires Planning Commission review under the Site Plan Review process. Section 5. Section 17.46.050 of the Zoning Ordinance require the Planning Commission to make certain findings to lawfully grant a request for Site Plan Review. When the Planning Commission previously granted the Site Plan Review the required findings were set forth in Section 6 of Resolution No. 2014-04. The Planning Commission hereby determines that the findings contained in that prior resolution are applicable to and can be made again in their entirety as the findings for the project as modified and are accordingly incorporated herein by reference. Section 6. Based upon information and evidence submitted, the Planning Commission does hereby amend Resolution No. 2014-04, dated February 18, 2014, as follows: A. Paragraph B of Section 8 is hereby amended to read in its entirety as follows: B. The approval granted under Zoning Case No. 843, as amended herein, shall expire within two years from the effective date of approval of this modification 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(A) of the Rolling Hills Municipal Code, or the approval granted is otherwise extended pursuant to the requirements of those sections. B. Paragraph E of Section 8 is hereby amended to read in its entirety as follows: E. The lot shall be developed and maintained in substantial conformance with the site plan on file dated January 10, 2014, except as amended showing two 2'6" retaining walls and shown on a site plan on file dated June 6, 2014. Prior to submittal of final working drawings to the Building and Safety Department for issuance of grading and/or building permits, the plans for the project shall be submitted to City staff for verification that the final plans are in compliance with the plans approved by the Planning Commission. C. Paragraph K of Section 8 is hereby amended to read in its entirety as follows: K. Two not to exceed 2'6" high walls are herby approved along the swimming pool/ guest house -building pad. One of the walls (interior wall -closer to the swimming pool pad) may be a retaining wall and the outer wall may be a rubble wall. A 2'6" wide planting area shall be maintained at all times between the walls. ZC No. 843 Modification 2 Section 7. Except as herein amended, the provisions, findings and conditions of Resolution No. 2014-04 shall continue to be in full force and effect. PASSED, APPROVED AND ADOPTED THIS 17th DAY OF JUNE 2014. CL1, CHAIIj IAN ATTEST: LIP ) HEIDI LUCE, CITY CLERK ZC No. 843 Modification 3 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS I certify that the foregoing Resolution No. 2014-13 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A MODIFICATION TO PLANNING COMMISSION RESOLUTION NO. 2014-04 AND APPROVING A MODIFICATION OF CERTAIN CONDITINS OF PREVIOUSLY APPROVED SITE PLAN REVIEW AND A VARIANCE FOR GRADING, CONSTRUCTION OF NOT TO EXCEED 5 FOOT HIGH RETAINING WALL WHICH ON THE AVERAGE EXCEEDS 2 1/2 FEET IN HEIGHT AND CONSTRUCTION OF A SOLID ROOF COVERED PATIO IN ZONING CASE NO. 843, AT 38 PORTUGUESE BEND ROAD, (WHEELER), (LOT 118-RH), ROLLING HILLS, CA. 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 June 17, 2014 by the following roll call vote: AYES: Commissioners Gray, Kirkpatrick, Mirsch and Chairman Chelf. NOES: None. ABSENT: None. ABSTAIN: Commissioner Smith (recused). and in compliance with the laws of California was posted at the following: Administrative Offices. ck,d) HEIDI LUCE CITY CLERK ZC No. 843 Modification 4 • City 0/ Ivllinv JULINCORPORATED JANUARY 24, 1957 STATUS OF APPLICATION June 6, 2014 Mr. and Mrs. Steve Wheeler 38 Portuguese Bend Road Rolling Hills, CA 90274 ZONING CASE NO. 843-Modification Dear Mr. and Mrs. Wheeler: NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310)377.7288 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 in Zoning Case No. 843-Modification has been set for public hearing consideration before the Planning Commission at their meeting starting 6:30 PM on Tuesday, June 17, 2014. The City's fee for this project has been waived, due to the fact that the modification request resulted from another agency not approving your project, and was beyond your control. You or your designated representative must attend the meeting to present your project and answer questions. The staff report for this project will be available at the City Hall after 3:00 PM on Friday, June 13. We will forward the report to you and your representative. Please call me at (310) 377-1521 if you have any questions regarding this matter. Si c: rely, PI: nning Director cc: Dan Bolton, Bolton Engineering Printed on Recycled Paper City of,eo fl,.g Jd.•Pl, February 20, 2014 Mr. and Mrs. Steve Wheeler 38 Portuguese Bend Road Lane Rolling Hills, CA 90274 SUBJECT: ZONING CASE NO. 843 Dear Mr. and Mrs. Wheeler: • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 This letter is to notify you that the Planning Commission at their regular meeting on February 18, adopted a Resolution, with conditions, granting your request in Zoning Case No. 843. That action, accompanied by the record of the proceedings before the Commission will be reported to the City Council on Monday, March 10 2014, at their regular meeting beginning at 7:30 PM. You or your representative should be present to answer any questions the Council may have. The Planning Commission's decision in this matter shall become effective thirty days after the adoption of the resolution by the Commission, unless an appeal has been filed within that thirty days. However, the City Council could take jurisdiction of the case within 45 days of Planning Commission's decision, (Section 17.54.010B Sr 17.54.015B) of the Rolling Hills Municipal Code). Should there be an appeal, the Commission's decision will be stayed until the Council completes its proceedings in accordance with the provisions of the Municipal Code. If no appeals are filed as stated above, after adoption of the Planning Commission's resolution, the Planning Commission's action will become final and you will be required to cause to be recorded an Affidavit of Acceptance Form together with the subject resolution in the Office of the County Recorder. A copy of the staff report to the City Council will be forwarded to you on Friday, March 7 2014. Following the City Council's action, I will mail you instructions for recordation of the Affidavit Of Acceptance Form and the Resolution, unless there is an appeal or the Council takes this case under jurisdiction. Please feel free to call me at (310) 377-1521 if you have any questions. Sinc y Yo ta Schw.rtz, Plan: Director cc: Dan Bolton, Bolton Engineering Printed on Recycled Paper • City (pe e&9 January 23, 2014 Mr. and Mrs. Wheeler 38 Portuguese Bend Road Rolling Hills, CA 90274 ZONING CASE NO. 843 REVISED Dear Mr. and Mrs. Wheeler: INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377-7288 This is to notify you that the Planning Commission voted at the January 21, 2014 meeting to direct staff to prepare a resolution to approve your request in Zoning Case No. 843 REVISED, with conditions, which will be confirmed in the draft resolution that is being prepared. The Planning Commission will review and consider the draft resolution, together with conditions of approval, at an upcoming meeting on February 18, 2014 and make its final decision on your application at that meeting. The Planning Commission requested that a landscaping plan be submitted for the February 18 meeting. The findings and conditions of approval of the draft resolution will be forwarded to you for your review before the Planning Commission's meeting. Please review the conditions and if you have any questions or concerns, you may bring them up at the meeting, or appeal them to the City Council. The Planning Commission decision will become effective thirty days after the adoption of the Planning Commission's resolution unless an appeal has been filed or the City Council takes jurisdiction of the case. Should there be an appeal, the Commission's decision will be stayed until the Council completes its proceedings in accordance with the provisions of the Municipal Code. As stated above, the Planning Commission's meeting to consider the resolution of approval is scheduled for Tuesday, February 18, 2014 at 6:30 P.M. in the City Council Chambers. That action, accompanied by the record of the proceedings before the Commission, is tentatively scheduled to be placed as a report item on the City Council's agenda at the Council's regular meeting on Monday, March 10, 2014. Feel free to call me at (310) 377-1521 if you have any questions regarding this matter. Sinc , r; ly, anta Schwartz lanning Director cc: Dan Bolton, Bolton Engineering Printed on Recycled Paper • City �Romn9..urG December 20, 2013 Mr. and Mrs. Wheeler 38 Portuguese Bend Road Rolling Hills, CA 90274 ZONING CASE NO. 843 Dear Mr. and Mrs. Wheeler: • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377.7288 Please be advised that the Planning Commission at their December 17, 2013 meeting continued the public hearing in your case. The next Planning Commission meeting is on January 21, 2014 and should you wish to be placed on that meeting's agenda, please submit revised plans, calculations and application forms, if necessary, by January 6, 2014. The Planning Commission was very appreciative of the changes you made to the scope of the project to date. However, they expressed concerns as follows: • Excessive walls; consider one row of walls • Lineal feet of walls too large; consider leaving the area north of /behind the existing guest house natural, thus requiring less walls • Too much filling in of the natural terrain • The pergola structure too large • Excessive quantities of import of soil requested Staff was directed to resolve the question of whether the backfill material for the MSE walls should be classified as import of dirt. We're researching this issue. Please re -think your project based on the comments received and resubmit in a timely fashion so that they can be reviewed and a staff report prepared. If you have any questions, please do not hesitate to contact me. Wishing you a Merry Christmas and a'2-Cayyy w Year!! Side/rely, `Y>Inta Schwartz nning Director cc: Dan Bolton, Bolton Engineering Printed on Recycled Paper To Whom It May Concern, RECEIVE By DEC City of Rolling Hills December 14, 2013 I have reviewed the proposed plans ofthe Wheeler property located at 38 Portuguese Bend Road. I approve, and look forward to the completion ofthe project. Flavio Bisignano 6 El Concho Lane Rolling Hills, Ca. 90274 December 1, 2013 Rolling Hills City Planning Re: 38 PBR By ECEIVE( DEC 1 0 ) City of Rolling Hills "As owners of 38 Portuguese Bend Road, Rolling Hills, and with an application for various improvements to that property prepared by Bolton Engineering Corp. pending at the City, we request the withdrawal of the following elements: 1. Stable and associated improvements sited west of Portuguese Bend Road 2. Grading and retaining wall improvements sited at the residential pad." L. Steven Wheeler Cc: T. Grant Esq. •City °belling J4i/14 November 20, 2013 Mr. and Mrs. Wheeler 38 Portuguese Bend Road Lane Rolling Hills, CA 90274 ZONING CASE NO. 843 Dear Mr. and Mrs. Wheeler: • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377-7288 Please be advised that the Planning Commission at their November 19, 2013 meeting continued the public hearing in your case to their December 17, 2013 meeting. Yesterday, at the field trip and at their evening meeting they expressed concerns with the proposed project. Please re -think your project based on the comments you received last night and submit revised plans and calculations by no later than December 5, so that they can be reviewed and staff report prepared. Should you be ready to come back by the December 17 meeting with a revised project, you will be required to re -stake and re -flag the project a week prior to the December 17 meeting. Please let me know as soon as possible if you'll be ready for another field trip on December 17th or if you would like to continue or withdraw the application and possibly propose something different at a future date. The next Planning Commission's meeting after December will be on January 21, 2014. If you have any questions, please do not hesitate to contact me. Sin Y, Yo nta Sc " ar z Planning Director Printed on Recycled Paper • Ctt4o Rolling L�L3 INCORPORATED JANUARY 24, 1957 v NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 October 25, 2013 Mr. and Mrs. Wheeler 38 Portuguese Bend Road Rolling Hills, CA 90274 ZONING CASE NO. 843 Dear Mr. and Mrs. Wheeler: This is to notify you that the Planning Commission at their regular meeting on October 15, 2013 voted to continue the field trip to your property to Tuesday, November 19, at about 8:00-8:15 a.m. Their schedule is to visit another property beginning at 7:30 a.m. and then proceed to 38 Portuguese Bend Road. Please have your project staked accurately per the instructions provided to you previously. If you have any questions, please call me at 310 377-1521 or e-mail at ys@cityofrh.net Si = r-1y, -d247 'YL•�anta Schwartz anning Director cc: Dan Bolton, Bolton Engineering 0 Printed on Recycled Paper • Cite October 9, 2013 0 ���Ll�•%7.%411 �� INCORPORATED JANUARY 24, 1957 Mr. and Mrs. Steve Wheeler 38 Portuguese Bend Road Rolling Hills, CA 90274 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377.7288 SUBJECT: REQUEST FOR EXTENSION IN ZONING CASE NO. 843 Dear Mr. and Mrs. Wheeler: Pursuant to State Law, governmental agencies are required to streamline applications and have a decision made within certain period of time or the application is automatically approved. However, any case may be continued for additional 90-days with the applicants permission. Therefore it is important that you sign the enclosed form to allow this case to continue. Should you wish not to sign this form and since the Planning Commission did not have an opportunity to deliberate the case and make a decision, staff will have no choice but to prepare a Resolution of denial of your case, as the time for decision will expire shortly after the next meeting. Therefore, in order for the Planning Commission to be able to continue your case, please sign and return the enclosed form before the next meeting. If you have any questions, please call me at 310 377-1521 or email at ys@cityofrh.net. Thank you. Since-ely Planning Director Cc: Dan Bolton, Bolton Engineering Printed on Recycled Paper LETTER OF CONSENT TO EXTENSION OF TIME Government Code Section 65957 Date: October 9, 2013 Application: Zoning Case No. 843 Department of Planning City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 Attn: Yolanta Schwartz Pursuant to California Government Code Section 65957, Mr. and Mrs. Steve Wheeler hereby request and consents to a ninety (90) day extension to the time period specified in Government Code Sections 65950, 65950.1. and 65952 for the City of Rolling Hills Planning Commission and City Council to take action on the above referenced application at 38 Portuguese Bend Road, Rolling Hills, CA. Signature of Applicant (1) or Applicant's Representative Printed Name of Applicant (1) or Applicant's Representative Signature of Applicant (2) or Applicant's Representative Printed Name of Applicant (2) or Applicant's Representative Received by: ECEI E OCT 092013 LETTER OF CONSENT TO EXTENSION OF TIME City of Rolling HillsGovernment Code Section 65957j/ Date: October 9, 2013 Application: Zoning Case No. 843 Department of Planning City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 Attn: Yolanta Schwartz Pursuant to California Government Code Section 65957, Mr. and Mrs. Steve Wheeler hereby request and consents to a ninety (90) day extension to the time period specified In Government Code Sections 65950, 65950.1 and 65952 for the City of Rolling Hills Planning Commission and City Council to take action on the above referenced application at 38 Portuguese Bend Road, Rolling Hills, CA. Signatu `af Applicant (1) or Apollo it's Representative La Printed Name of Applicant (1) or Applicant's Representative -Signature of Applicant (2) or Applicant's Representative Printed Name of Applicant (2) or Applicant's Representative Received by: T000 NOIOS 90Z0Tr50TCT XVd TZ:CI CTOZ/60/0T A.LIO S1IIH 9NI-1102:1 88ZLLLEOTE 9Z:ET ETO3/60/0T Q3AI3O3e1 • • October 4th, 2013 The Planning Commission City of Rolling Hills Dear Sirs: RECEIVED OCT 0,' 2013 City of Rolling Hills By It has come to my attention the possible construction of a structure on Portuguese Bend Road, a barn, on the side of the canyon, in front of number 38 I want to stress my opposition to the construction of any structure in this location. As a resident of Rolling Hills for over 30 years, I have to come to treasure the bucolic and unique quality of where we live. The views on Portuguese Bend Rd have been totally unobstructed by any physical structure that would limit the views of the Queen Necklace or the City of Los Angeles. Furthermore, the lack of development on that portion of Portuguese Bend create a unique view and character to our community that has long stood the test of time. The proposed structure would be a blemish on the pristine views of the canyon. In making your decision, I sincerely hope you weight the risk of permitting a deviation of this nature in terms of setting a precedent. I completely understand the interest of the owner in developing their property, however it can not be allowed at the cost of the community which we have so long protected and defended, I suggest an alternate location be found that would not impact our community so directly. Thank you for the attention you give to this matter, Sincerely Susana Luna 5 E. Crest koaa Rolling Hills, CA 90274 • THIS LETTER WAS EMAILED TO KRISTEN RAIG AT RHCA, WHO FORWARDED IT TO THE CITY From: Gary Trovinger rmailto:gtrovinger©comcast.netj Sent: Wednesday, September 11, 2013 9:45 PM To: Kristen Raig - RHCA Subject: 38 Portuguese Bend Road Dear Kristen: From our property at 2 El Concho Lane, the direct view across our shared canyon is of 38 Portuguese Bend Road. The current construction on that property has turned our previous tree and filtered building views into one of construction debris spilling down the canyon, stark concrete and cinder block walls, industrial sized and exposed HVAC duct work, and dead and broken trees and branches. It is my understanding that the owners at 38 Portuguese Bend Road are proposing additional large scale construction that will further negatively impact our views, and that the location and scale of the project will require the Board of Directors grant variances to accommodate their location and construction. It is also seems that the proposed use of these buildings is suspect, and the building footprint and square footage in relation to corral space lend one to believe that they ultimately will not be used for their intended purpose. We are opposed to the Board of Directors granting any variances to the CC&R's established for Rolling Hills. These rules define the feel of our community, and we as homeowners rely on these CC&R's, and their enforcement by the Board, to maintain that which makes Rolling Hills unique. Also, given the negative impact the current project is having on us and our fellow neighbors, prior to the approval of any further projects for this property, the blight that we are currently subject to should be addressed and corrected. Thank you, Gary Trovinger For Karl and Anne Trovinger 2 El Concho Lane RECEIVED By SEP 1 2 ?Oil City of Rolling Hills • Thursday, September 12, 4110 2:13:16 PM Pacific Daylight Time. Subject: Zoning Case 843 Date: Thursday, September 12, 2013 2:11:20 PM Pacific Daylight Time From: Pamela Reis (sent by pamela reis <pamelaprudence@gmail.com>) To: Yolanta Schwartz CC: 'Curtis Reis' To: City of Rolling Hills Planning Commission From: Pamela and Curtis Reis Subject: Zoning Case 843 We would like make a few comments regarding the proposed two story stable at 38 Portuguese Bend Road. For the record we love horses and hope there will be even more in the City. We also love barns when they are in an appropriate location. That said, we have three major concerns about the location of the proposed stable. First of all the structure is much too close to Portuguese Bend Road. Secondly it will obscure a portion of one of the most beautiful views in the City which is enjoyed by all who drive, walk, or ride along Portuguese Bend Road. Thirdly, there are frequent water main breaks along this stretch of Portuguese Bend Road. We are concerned any construction in this area will exacerbate this ongoing problem. We believe allowing a structure in the easement and so close to the road sets a very bad precedent. We hope the Wheelers are able to find a more suitable location for this project. Respectfully, Pamela and Curtis Reis 1 Wagon Lane RECEIVED SEP i 2 2013 City of Rolling Hills By Page 1 of 1 September 10, 2013 TO: Kristen Raig FROM: Shawn and Carol de Miranda, 5 El Concho Lane RE: Variances at 38 Portuguese Bend. Road ECEJVE SEP 1 2 2013 City of Rolling Hills gVr The deciding factor in our 2008 purchase of 5 El Concha Lane was the rural beauty of our views which account for much of the value of our property. The west side of our house directly faces 38 Portuguese Bend and we share property lines at the west corner of our Lots. We have watched with surprise and anger as #38 has been almost clear-cut and turned into what could be visually described as a "factory" or "bomb shelter" that is certainly a scar on Georgeff Canyon and an aesthetic blight for several homes on El Concho and lower Georgeff. The lot on 38 Portuguese Bend is already over saturated with structures and the many residents we have invited to witness this unfolding fiasco have reacted with amazement that even more structures are proposed to be jammed on this exposed canyon ridge. 'Vic have entrusted the I3oard of Directors to uphold the f.+<.'.€"mR's established to protect the character, r, valtrct and beauty of RA-Aling Fulls. Vic Strongly oppose the granting .of variances that will further damage the value and enjoyment of' our properties. It is our goal the with the help of the city the owners of P.38> would provide plans for landscaping that would make this stark eyesore Iool., nicire like past of our corninunity.. Thank you, Shawn and Carol de Miranda 5 El Concha Lane. • City al Po ecn9Jriet, FIELD TRIP NOTIFICATION August 21, 2013 Mr. and Mrs. Steve Wheeler 38 Portuguese Bend Road Rolling Hills, CA 90274 SUBJECT: ZONING CASE NO. 843 Dear Mr. and Mrs. Wheeler: INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377.7288 The Planning Commission scheduled to conduct a field inspection of your property to view the proposed project on Tuesday, September 17, 2013 at approximately 8:30 AM. Their schedule is to visit two other properties starting at 7:30 am and then proceed to your property. The owner and/or representative must be present to explain and answer questions regarding the project. Your neighbors will be notified of this meeting. The site shall be prepared, a minimum of a week prior to the meeting, according to the enclosed Silhouette Construction Guidelines and the following requirements: • A full-size silhouette showing the footprints, roof ridges and exterior walls of all structures; • Stake the stable covered porch in different color flags; • Delineate the corral area • Show steps • Delineate the driveway to the stable/corral (and the approach) • Delineate the limits of grading • Show/stake finished grades • Show/ stake the walls • On the west side of Portuguese Bend Road delineate the roadway easement and front and side setback lines After the field trip, the next regular meeting of the Planning Commission will take place on Tuesday, September 17, at 6:30 PM at City Hall, at which time the Commission will further discuss your project. Please call me at (310) 377-1521 if you have any questions. Sinc r Yo1 Pla cc: a Schwarz ing Director Dan Bolton, Bolton Engineering Printed on Recycled Paper City • • le011in p �L3 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377.7288 SILHOUETTE CONSTRUCTION GUIDELINES A silhouette of proposed construction must be erected the week preceding the designated Planning Commission or City Council meeting /field trip. Silhouettes should be constructed with 2" x 4" lumber. Printed boards are not acceptable. Bracing should be provided. Lumber, wire or other suitable material should be used to delineate roof ridges and eaves. Flags in close proximity to each other must be attached to the wire or twine to aid in the visualization of the proposed construction. Property lines, setback lines and easement lines must be staked along the areas of construction. 2 I/2 - 3' high wooden stakes must be used to delineate the lines. Such stakes must be flagged and marked on their sides: • Property line ( red or pink flag) • Setback line (green flag) • Easement line (yellow flag) and remain in the ground throughout the entire review and approval process as well as during the entire construction process, when required by the Commission. The application may be delayed if inaccurate or incomplete silhouettes are constructed. If you have any further questions contact the Planning Department Staff at (310) 377-1521. rb � gig V" tat ,\ SECTION PLAN 0 Printed on Recycled Paper • • C1ty ielf„p JJIG STATUS OF APPLICATION August 5, 2013 Mr. and Mrs. Steve Wheeler 38 Portuguese Bend Road Rolling Hills, CA 90274 ZONING CASE NO. 843 — CUP, SPR & VARIANCE Dear Mr. and Mrs. Wheeler: INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377.7288 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 in Zoning Case No. 843 has been set for public hearing consideration before the Planning Commission at their meeting starting 6:30 PM on Tuesday, August 20, 2013. The Planning Commission will receive input from staff and your representative on this project and will schedule a field trip to the property for another day. You or your designated representative must attend the meeting to present your project and answer questions. The staff report for this project will be available at the City Hall after 3:00 PM on Friday, August 16. We will forward the report to you and your representative. Please call me at (310) 377-1521 if you have any questions regarding this matter. Sin e ely, Ya nta Schwartz Planning Director cc: Bolton Engineering 0 Printed on Recycled Paper