676, Construct a below ground sport, Resolutions & Approval ConditionsRESOLUTION NO. 2005-13
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS APPROVING A MODIFICATION TO
PLANNING COMMISSION RESOLUTION NO. 2004-11 AND
APPROVING A TWO YEAR TIME EXTENSION FOR A
PREVIOUSLY APPROVED SITE PLAN FOR GRADING AND
CONSTRUCTION OF A SINGLE FAMILY RESIDENCE; VARIANCE
TO CONSTRUCT A WALL IN THE FRONT YARD AND
CONDITIONAL USE PERMIT TO CONSTRUCT A BELOW
GROUND SPORTS COURT IN ZONING CASE NO. 676 AT 18 PINE
TREE LANE, (LOT 81-2-RH), (SU).
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 Criss Gunderson, Architect,
representative for the property owners, with respect to real property located at 18 Pine
Tree Lane, (Lot 81-2-RH), Rolling Hills, CA requesting a two-year time extension for a
previously approved zoning case.
Section 2. The Commission considered this item at a meeting on April 19,
2005 at which time information was presented indicating that additional time is
needed to process the development application.
Section 3. Based upon information and evidence submitted, the Planning
Commission does hereby amend Paragraph A, Section 12 of Resolution No. 2004-11,
dated April 20, 2004, to read as follows:
"A. The Site Plan Review, Variance and Conditional Use approvals shall
expire within three years from the effective date of approval of this Resolution if
work has not commenced as defined in Sections 17.46.080, 17.38.070 and
17.42.070 of the Zoning Ordinance."
Section 4. Except as herein amended, the provisions and conditions of
Resolution No. 2004-11 shall continue to be in full force and effect.
PASSED, APPROVED AND ADOPTED THIS 19th DAY OF APRIL 2005.
giA-1 /42,
ROGEk SOMMER, CHAIRMAN
ATTEST:
l� hNJ
MARILYN K RN, DEPUTY CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS
I certify that the foregoing Resolution No. 2005-13 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS APPROVING A MODIFICATION TO
PLANNING COMMISSION RESOLUTION NO. 2004-11 AND
APPROVING A TWO YEAR TIME EXTENSION FOR A
PREVIOUSLY APPROVED SITE PLAN FOR GRADING AND
CONSTRUCTION OF A SINGLE FAMILY RESIDENCE;
VARIANCE TO CONSTRUCT A WALL IN THE FRONT YARD
AND CONDITIONAL USE PERMIT TO CONSTRUCT A BELOW
GROUND SPORTS COURT IN ZONING CASE NO. 676 AT 18
PINE TREE LANE, (LOT 81-2-RH), (SU).
was approved and adopted at a regular meeting of the Planning Commission
on April 19, 2005 by the following roll call vote:
AYES: Commissioners Hankins, Witte and Chairman Sommer.
NOES: None.
ABSENT: None.
ABSTAIN: Commissioner DeRoy.
'and in compliance with the laws of California was posted at the following:
Administrative Offices
DEPUTY CI CLERK
RESOLUTION NO. 2004-11.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A SITE PLAN REVIEW APPROVAL FOR
GRADING AND CONSTRUCTION OF A NEW SINGLE FAMILY
RESIDENCE ON A VACANT PARCEL OF LAND; GRANTING A
VARIANCE TO CONSTRUCT A RETAINING WALL IN THE FRONT
YARD AREA AND GRANTING A CONDITIONAL USE PERMIT TO
CONSTRUCT A BELOW GROUND SPORTS COURT IN ZONING CASE
NO. 676 AT 18 PINE TREE LANE, LOT 81-2 —RH, (SU).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY
FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. Applications were duly filed by Mr. and Mrs. Austin Su with
respect to real property located at 18 Pine Tree Lane, Rolling Hills (Lot 81-2-RH)
requesting 1) Site Plan Review for grading and construction of a new 7,214 square foot
single family residence with 1,253 square foot garage, 6,613 square foot basement, 700
square foot swimming pool, 96 square foot service yard and a future stable; 2) Variance
to construct retaining wall in the front yard area, and: 3) Conditional Use Permit to
construct an 800 square foot below ground sports court, which is a part of the 6,613
square foot basement.
Section 2. The Planning Commission conducted duly noticed public hearings
to consider the applications on November 18, December 16, 2003, January 20, 2004,
February 17, 2004, March 16, 2004 and at two field trip visits on January 17, 2004 and.
March 16, 2004 The applicants were notified of the public hearings in writing by first
class mail and were in attendance. 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.
Section 3. The property is currently vacant consisting of 3.35 Acres, gross, and
is located in the RAS-2 zoning district. The property is irregular in shape and it gains
access from Pine Tree Lane.
Section 4. During the proceedings and public hearings, the Planning
Commission expressed concerns relating to the size of the proposed residence, grading
quantities and the overall location of the proposed dwelling, close to the edge of the
building pad. As a result, the applicant reduced the grading quantities and slightly
reoriented the proposed house.
Section 5. The Planning Commission finds that the project qualifies as Class 3
Exemption and is therefore, exempt from environmental review under the California
Environmental Quality Act.
Section 6. Section 17.46.020 requires a development plan to be submitted for
site plan review and approval before any development requiring a grading permit or
any building or structure may be constructed or any expansion, addition, alteration or
repair to existing buildings may be made which involve changes to grading or an
Reso. 2004-11
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increase to the size of the building or structure by at least 1,000 square feet and has the
effect of increasing the size of the building by more than twenty-five percent (25%) in
any thirty-six (36) month period. With respect to the Site Plan Review application
requesting construction of the stable and the addition to the existing structure at an
existing single-family residence, the Planning Commission makes the following
findings of fact:
A. The proposed development is compatible with the General Plan, the
Zoning Ordinance and surrounding uses because the proposed structures comply with
the General Plan requirement of low profile, low -density residential development with
sufficient open space between surrounding structures, and for equestrian facilities. The
project conforms to Zoning Code setback requirements with the Variance approved in
Section 11 of this Resolution. The lot has a net area of 123,710 square feet, as calculated
for development purposes. The size of the proposed structures will be 9,712 square feet,
which constitutes 7.9% of the net lot area, which is within the maximum 20% structural
lot coverage permitted. The total lot coverage including paved areas and driveways will
be 21,153 square feet which is 17.1% of the net lot area, which is within the 35%
maximum overall lot coverage permitted. The proposed project is located below the
road so as to reduce the visual impact of the development.
B. The project substantially preserves the natural and undeveloped state of
the lot by minimizing building coverage. The topography and the configuration of the
lot has been considered, and it was determined that the proposed development will not
adversely affect or be materially detrimental to adjacent uses, buildings, or structures
because the proposed construction will be constructed in an area, which is already
devoid of vegetation, will be the least intrusive to surrounding properties, will be
screened and landscaped with mature trees and shrubs, is of sufficient distance from
nearby residences so that it 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.
C. The proposed development, as conditioned, is harmonious in scale and
mass with the site, and is consistent with the scale of the neighborhood when compared
to properties in the vicinity. The proposed structures will follow the pattern and style of
other residences.
D. The development plan incorporates existing trees and native vegetation to
the maximum extent feasible. Native vegetation and trees that will be lost to the new
development will be replaced on a 1:1 ratio.
E. The development plan substantially preserves the natural and
undeveloped state of the lot by minimizing building coverage because the new
structures will not cause the lot to look overdeveloped. Significant portions of the lot
will be left undeveloped.
F. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because the proposed
project will not change the existing circulation pattern in the vicinity and will utilize a
driveway from an existing street.
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G. The project is exempt from the requirements of the California
Environmental Quality Act.
Section 7. Based upon the foregoing findings and the evidence in the record,
the Planning Commission hereby approves the Site Plan Review application for Zoning
Case No. 676 for the proposed structures, subject to the conditions contained in Section
12 of this Resolution.
Section 8. Section 17.16.210(A)(7) of the Rolling Hills Municipal Code permits
approval of a sports court under certain conditions, provided the Planning Commission
approves a Conditional Use Permit. The applicant is requesting to construct, (as part of
the basement), an 800 square foot below ground sports court (racquetball court). With
respect to this request for a Conditional Use Permit, the Planning Commission finds as
follows:
A. The granting of a Conditional Use Permit for the underground sports
court would be consistent with the purposes and objectives of the Zoning Ordinance
and General Plan because the use is consistent with similar uses in the community and
is a permitted use with a CUP. The area proposed for the sports court will be a part of
the basement and such use will not change the proposed configuration of dwelling on
the lot.
B. The nature, condition, and development of adjacent uses, buildings, and
structures have been considered, and the sports court will not adversely affect or be
materially detrimental to these adjacent uses, buildings, or structures because the
proposed use will be located below ground in the single family dwelling and will not
impact the view or privacy of surrounding neighbors.
C. The project is harmonious in scale and mass with the site, the natural
terrain, and surrounding residences because the sports court will comply with the low
profile residential development pattern and will not be visible.
D. The proposed conditional use complies with all applicable development
standards of the zone district, because it is a permitted use under the Municipal Code.
E. The proposed conditional use is consistent with the portions of the Los
Angeles County Hazardous Waste Management. Plan relating to siting and siting criteria
for hazardous waste facilities because the project site is not listed on the current State of
California Hazardous Waste and Substances Sites List.
Section 9. Based upon the foregoing findings and the evidence in the record,
the Planning Commission hereby approves a Conditional Use Permit for the
construction of an underground sports court, subject to the conditions contained in
Section 12 of this Resolution.
Section 10. Section 17.16.110 requires that the front yard setback be fifty (50)
feet from the roadway easement line, and be unobstructed from the ground upwards. In
order to construct a driveway to the proposed development, a retaining wall is
necessary to be a part of the development. Such retaining wall, having a maximum
Reso. 2004-11
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height of 5 feet is proposed to be constructed in the front yard. With respect to this
request for a Variance, the Planning Commission finds as follows:
A. There are exceptional and extraordinary circumstances and
conditions applicable to the property that do not apply generally to the other property
or class of use in the same zone because the lot is irregular in shape and is developed
with a substantial slope from the front property line to the 50-foot front yard setback
line. The proposed retaining wall will assist in preventing an existing slope from
potential collapse, and will protect the hillside from damage due to erosion.
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 because due to the existing grade and
irregular shape of the property, the placement of the house and driveway require a
small cut into the toe of the slope. The developable portion of this lot is about 40 feet
lower than the street above (cul-de-sac), and therefore the access must be sloped
towards the building pad, which requires a wall.
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 because the wall will be incorporated into the
landscaping and will contain planters. In addition, the wall will not be visible from the
public right-of-way and will be screened. Construction of said wall would eliminate the
necessity for any additional grading on the hillside.
Section 11.. Based upon the foregoing findings and the evidence in the record,
the Planning Commission hereby approves the Variance to permit the construction of a
retaining wall that will be located in the front yard, subject to the conditions contained
in Section 12 of this Resolution.
Section 12 The Site Plan Review approval regarding the grading and
construction of a new single family residence, the Conditional Use Permit regarding the
construction of an underground sports court, and the Variance regarding the location of
a retaining wall, are subject to the following conditions:
A. The Site Plan Review, Variance, and Conditional Use Permit approvals
shall expire within one year from the effective date of approval as defined in Sections
17.38.070(A), 17.42.070(A), and 17.46.080(A) of the Zoning Ordinance unless otherwise
extended pursuant to the requirements of those sections.
B. If any conditions of approval 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.
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C. All requirements of the Building Code, the Zoning Ordinance, and of the
zone in which the subject property is located must be complied with, unless otherwise
set forth in this approval.
D. The lot shall be developed and maintained in substantial conformance
with the site plan, dated February 12, 2004, except as otherwise provided in these
conditions.
E. Structural lot coverage shall not exceed 9,713 square feet or 7.9% of the net
lot area in conformance with structural lot coverage limitations.
F. Total lot coverage of structures and paved areas shall not exceed 21,153
square feet or 17.1% of the net lot area in conformance with lot coverage limitations.
G. The disturbed area of the lot shall not exceed 48,990 square feet or 39.6%
of the net lot area in conformance with disturbed area limitations.
H. Residential building pad coverage on the 32,640 square foot residential
building pad shall not exceed 9,713 square feet or 29.8%.
I. • Grading for the project shall not exceed 3,525 cubic yards of cut soil and
3,525 cubic yards of fill soil, and shall be balanced on site. These grading quantities shall
include excavation for the basement and the sports court.
J. The proposed basement shall not exceed 6,613 square feet and the sports
court within the basement may not exceed 800 square feet. The basement construction
shall meet all requirements of the Los Angeles County Building Code and City Zoning
Ordinance pertaining to basements.
K. The maximum ridge height of the development from the finished grade
shall not exceed 16'6".
L. The proposed driveway shall not exceed 20 feet in width, of which 16 feet
may be paved. The driveway approach may not exceed 24 feet in width, as approved b.y
the Traffic Commission. The driveway shall be of earth tone color, to the satisfaction of
staff.
M. All graded areas shall be landscaped. Landscaping shall incorporate and
preserve, to the maximum extent feasible, the existing native trees and shrubs and
provide for natural landscape screening surrounding the proposed development.
N. Landscaping shall include water efficient irrigation, to the maximum
extent feasible, that incorporates a low gallonage irrigation system, utilizes automatic
controllers, incorporates an irrigation design using "hydrozones," considers slope
factors and climate conditions in design, and utilizes means to reduce water waste
resulting from runoff and overspray in accordance with Section 17.27.020 (Water
Efficient Landscaping Requirements) of the Rolling Hills Municipal Code.
O. Landscaping for the project shall be designed using native trees and
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shrubs. The trees when planted shall be mature, however, at full maturity, the trees
shall not exceed the highest ridge of the structure, so as not to obstruct views of
neighboring properties but, shall obscure the development. The existing trees along the
proposed driveway shall remain, so as to block the view of the driveway from 10
Blackwater Canyon Road, as requested by the property owner. In addition, the area
behind the residence, especially north east of the patio area, (located to the east of the
swimming pool, as shown on a plan dated February 12, 2004), shall be planted with
mature trees, which at maturity shall not exceed the highest ridge of the development.
P. Prior to the issuance of building or grading permit, the applicant shall
comply with the following requirements and mitigation measures recommended in the
Biological Assessment Study prepared by Myra L. Frank Jones & Stokes, dated January
14, 2004:
1. Submit two copies of a plan for review by the Landscaping Committee,
showing:
a) The location and size of the area of native chaparral of the Sumac series,
and other native plants that will be lost due to grading,
b) The location where the lost native vegetation plants will be relocated to at
a minimum ratio of 1 to 1. Suggested area for relocation would be in the ruderal portion
along the southeastern edge of the parcel. Provide a list and size at time of planting of
the native plants proposed for the replacement area(s),
c) Comply with the recommendations listed in the study regarding
mitigation measures to minimize the risk of catastrophic wildfire.
Q. Prior to the issuance of building or grading permit, two copies of a
preliminary landscape plan shall be submitted for the graded areas, and in compliance
with paragraphs M, N, 0, and P above, for review by the Landscaping Committee. The
plans shall show area of and include native drought -resistant vegetation that will not
disrupt the impact of the views of neighboring properties. The landscaping plan
submitted must comply with the purpose and intent of the Site Plan Review Ordinance,
shall incorporate existing mature trees and native vegetation, and shall utilize to the
maximum extent feasible, plants that are native to the area and/or consistent with the
rural character of the community.
R. A security deposit in the amount of the cost estimate of the
implementation of the landscaping and mitigation plan described the above
paragraphs, plus 15% shall be required to be posted prior to issuance of a drainage,
grading and building permits and shall be retained with the City for not less than two
years after landscape installation. The security deposit shall include the cost of labor,
material and installation of irrigation system. The retained security will be released by
the City Manager after the City Manager determines that the landscaping and
mitigation was installed pursuant to the landscaping plan as approved, and that such
landscaping is properly established and in good condition.
S. A drainage plan shall be approved by the Planning Department and
County District Engineer, to include all water from any site irrigation systems and shall
ensure that all drainage from the site is conveyed in an approved manner. '
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T. If an above ground drainage system is utilized, it shall be designed in such
a manner as to not cross over any equestrian trails. The drainage system(s) shall not
discharge water onto a trail, shall incorporate earth tone colors, including in the design
of the dissipater and be screened from any trail and neighbors views to the maximum
extent practicable, without impairing the function of the drainage system.
U. The project is subject to General Permit No.CAS000002 (Storm Water
Discharges Associated with Construction Activities). The applicant shall comply with
the requirements of this permits as required by the California Regional Water Quality
Control Board.
V. During construction, dust control measures shall be used to stabilize the
soil from wind erosion and reduce dust and objectionable odors generated by
construction activities in accordance with South Coast Air Quality Management
District, Los Angeles County and local ordinances and engineering practices.
W. During construction, conformance with local ordinances and engineering
practices so that people or property is not exposed to landslides, mudflows, erosion, or
land subsidence shall be required.
X. 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.
Y. During construction, the Erosion Control Plan containing the elements set
forth in Section 7010 of the 2001 County of Los Angeles Uniform Building Code shall be
followed to minimize erosion and to protect slopes and channels to control storm water
pollution as required by the County of Los Angeles.
Z. During and after construction, all parking shall take place on the project site.
AA. 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.
AB. During construction the property owner shall ensure that the construction
fence, if erected, is not located in or is blocking an easement.
AC. 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 septic tank facilities.
AD. The property owners shall be required to conform to the Regional Water
Quality Control Board and County Public Works Department Best Management
Practices (BMP's) related to solid waste and storm water pollution prevention.
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AE. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills
Municipal Code, any modifications to the property, which would constitute
additional structural development, shall require the filing of a new application for
approval by the Planning Commission.
AF. The project must be reviewed and approved by the Rolling Hills
Community Association Architectural Review Committee prior to the issuance of
grading or building permit.
AG. The applicant shall pay all of the applicable Los Angeles County Building
and Safety and Public Works Department fees, including, but not be limited to school
fees and City's Parks and Recreation Fees for a new residence.
AH. The working drawings submitted to the County Department of Building
and Safety for plan check review shall conform to the development plan described in
Condition D.
AI. Prior to granting a final inspection and/or certificate of occupancy, utility
lines to the residence, and stable if constructed, shall be placed underground.
AJ. The City's and the Community Association's requirements related to
outdoor lighting, roofing material and construction and all other requirements shall be
complied with.
AK. Prior to the submittal of an applicable final grading plan to the County of
Los Angeles for plan check, a detailed grading and drainage plan with related geology,
soils and hydrology reports that conform to the development plan as approved by the
Planning Commission must be submitted to the Rolling Hills Planning Department staff
for their review.
AL. The applicants shall execute an Affidavit of Acceptance of all conditions of
the Variance, Conditional Use Permit and Site Plan Review approvals, or the approval
shall not be effective.
AM. All conditions, when applicable, of the Variance, Conditional Use Permit
and Site Plan Review approvals must be complied with prior to the issuance of a
grading or building permit from the County of Los Angeles.
PASSED, APPROVED AND ADOPTED THIS AY F APRIL, 2004
1,
ARVEL WITTE, CHAIRMAN
ATTEST:
MARILYN ERN, DEPUTY CITY CLERK
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STATE OF CALIFORNIA)
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS)
I certify that the foregoing Resolution 2004-11 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A SITE PLAN REVIEW APPROVAL FOR
GRADING AND CONSTRUCTION OF A NEW SINGLE FAMILY
RESIDENCE ON A VACANT PARCEL OF LAND; GRANTING A
VARIANCE TO CONSTRUCT A RETAINING WALL IN THE FRONT
YARD AREA AND GRANTING A CONDITIONAL USE PERMIT TO
CONSTRUCT A BELOW GROUND SPORTS COURT IN ZONING CASE
NO. 676 AT 18 PINE TREE LANE, LOT 81-2 -RH, (SU).
was approved and adopted at a regular meeting of the Planning Commission on April
20, 2004 by the following roll call vote:
AYES: Commissioners Hankins, Margeta, Sommer and Chairman Witte.
NOES: None.
ABSENT: None.
ABSTAIN: Commissioner DeRoy.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
Reso. 2004-11
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DEPUTY CI CLERK
9