853, Construct a new stable and cor, Resolutions & Approval ConditionsRECORDING REQUESTED BY AND
MAIL TO: 06/1 1 2 -11
CITY OF ROLLING HILLS
PLANNING DEPARTMENT
2 PORTUGUESE BEND RD.
ROLLING HILLS, CA 90274
(310) 377-1521
(310) 377-7288 FAX
*20140638394*
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. 853 (SEE EXHIBIT A ATTACHED)
XX SITE PLAN REVIEW -MODIFICATION XX CONDITIONAL USE PERMIT
I (We) the undersigned state
1 am (We are) the owner(s) of the real property described as follows:
6 PORTUGUESE BEND ROAD, ROLLING HILLS, CA 90274 (LOT 22-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. 853
XX SITE PLAN REVIEW MODIFICAITON XX CONDITIONAL USE PERMIT
I (We) ce ' or declare) under the penalty of perjury that t foregoing is true and corr ct.
Signature " if)-- Signature %/
WALTER TSERN-SHI CHANG CHIUNG HUI CHANG
Name typed or printed Name typed or printed
Address 5303 VALLEY VIEW ROAD
Address 5303 VALLEY VIEW ROAD
a
RANCHO PALOS VERDES, CA 90275 RANCHO PALOS VERDES, CA 90275
City/State
City/State
• •
I
See Exhibit A, attached
Signatures must be acknowledged by a notary public.
State of Califomia
County of Los Angeles )
On 1U n e- I g. .014 before me,
Me cat- r Lope 7_ a fo Pu bl
(Insert Nalne of Notary Public and Title) 1
Personally
appeared Waifer T.ser- Shf Ckc and C%1()n1 H Ciavn
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) -isl- j
subscribed to the within instrument and acknowledged to me that hel-she/ trey executed the same in
14s/her/thy authorized capacity(ies) and that by .I'is/-kver- /t ear' 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)
ALEJANDRA LOPEZ
Commission # 1924032
Notary Public - California Los Angeles County D
My Comm Fzprres Mar 1 2015 c
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RESOLUTION NO. 2014-09
• 64 0, tr A
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW
AND CONDITIONAL USE PERMIT (CUP) FOR THE CONSTRUCTION
OF A STABLE AND CORRAL AND 700 CUBIC YARD GRADING
MODIFICATION AND A VARIANCE FOR NOT TO EXCEED 3' HIGH
PLANTER WALL IN THE FRONT SETBBACK, IN ZONING CASE NO.
853, (LOT 22-RH), AT 6 PORTUGUESE BEND ROAD, ROLLING HILLS,
CA. (CHANG). 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. Application was duly filed by Mr. and Mrs. Tsern-Shi Chang
with respect to real property located at 6 Portuguese Bend Road requesting a
Conditional Use Permit to construct a stable and corral, a Site Plan Review for
grading modification of 700 total cubic yards of dirt and a Variance to locate a short
planter wall in the front setback. The stable is proposed to be 450 square feet with a
550 square foot corral.
Section 2 This proposal is subject to the 2010 adopted stable ordinance,
which requires that all new stables over 200 square feet and corrals over 550 square
feet be reviewed under the Conditional Use Permit process.
Section 3. On July 8. 2013, after taking Case No. 830 under jurisdiction,
the City Council adopted Resolution No. 1148, upholding the Planning
Commission's decision of approval for a new 4,527 square foot residence with 1,077
square foot garage, 479 square foot covered porches, service yard and future stable.
The disturbed area of 39.9% for the stable and corral was included in the approval
for the house, however, with the subject modification, the disturbed area has been
reduced to 35.0%.
Section 4. The property is zoned RAS-1 and is located on the corner of
Portuguese Bend Road and Saddleback Road. Not including the roadway
easements, the lot is 1.20 acres. For development purposes the net lot area of the lot
is 41,704 square feet or 0.95 acres.
Section 5. The proposed stable and corral will be located to the south of
the residence with access by a 10' wide gravel or D.G. (decomposed granite)
pathway from Saddleback Road. The stable and corral will be located in the rear
setback, 25 feet from the rear property line, which is allowed for stables and corrals
only, and will be 48' from the residence.
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Section 6. The Traffic Commission reviewed the stable access approach
from Saddleback Road on March 27, 2014 and recommended approval of a 10' wide
access.
Section 7. The Planning Commission conducted duly noticed public
hearings on the subject application on April 15, 2014 in the field and in the evening
of that day. 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 applicant
and applicant's representative were in attendance at the hearings.
Section 8. The Planning Commission finds that the project qualifies as a
Class 3 categorical exemption from environmental review under the California
Environmental Quality Act in that the proposal involves the construction of a new
small structure (stable).
Section 9. Section 17.18 of the Rolling Hills Municipal Code permits
approval of a stable over 200 square feet and a corral over 550 square feet, provided
the PIanning Commission approves a Conditional Use Permit. 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 construction of the
stable 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, meets all the applicable code development standards for a stable, and
the area is located in an area on the property that is adequately sized to
accommodate the stable and adjoining corral. The proposed structure is
appropriately located in that it will be sufficiently separated from nearby structures
used for habitation or containing sleeping quarters both on and off the project site.
B. The nature, condition, and development of adjacent structures have
been considered, and the project will not adversely affect or be materially
detrimental to these adjacent uses, buildings, or structures because the proposed
stable and corral orientation is not towards neighbors and its general location is of
sufficient distance from nearby residences so as to not impact the view or privacy of
surrounding neighbors. No objections were received from nor did any adjacent or
nearby neighbors attend the field trip meeting.
C. The project is harmonious in scale and mass with the site, the natural
terrain, and surrounding residences because the stable complies with the low profile
residential development pattern of the community and will not give the property an
over -built look. The lot is sufficiently Iarge to accommodate the proposed structure.
The corral will maintain an open area of the property.
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D. The proposed conditional use complies with all applicable
development standards of the zone district and requires a Conditional Use Permit
pursuant to Section 17.18 of the Zoning Ordinance.
E. The proposed conditional use is consistent with the portions of the Los
Angeles County Hazardous Waste Management Plan relating to 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 10. Section 17,46.030 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. With respect to the Site Plan Review
application for the grading in the front of the lot, the Planning Commission finds as
follows:
A. The proposed development is consistent with General Plan goals and
policies and compatible with surrounding uses in that is a low profile, low -density
residential development with sufficient open space between surrounding structures.
The net lot area for development purposes is 41,704 square feet, The project will
comply with both structural and combined structural/flatwork lot coverage limits,
respectively of 20 and 35%. The development conforms to Zoning Code standards
and objectives, except that the proposed grading modification will require
construction of a planter wall within the front yard setback, requiring a Variance.
As a result of the grading modification an existing knoll will be retained at the front
of the home, which will enhance privacy and decrease the amount of lot
disturbance from 39.9% to 35.0%. The construction of a stable and corral is
consistent with the Municipal Code and promotes the equestrian character of the
Community which is a primary goal of the General Plan.
B. The development plan substantially preserves the natural and
undeveloped state of the lot by minimizing building coverage because the new
structures will not cause the lot to look overdeveloped. The applicant is utilizing an
area of the lot to develop the stable and corral that has the least amount of slope.
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 stable and corral and planter
wall structures will be constructed on a portion of the lot which is least intrusive to
surrounding properties and are a sufficient distance from nearby residences.
C. The proposed project is compatible with the policies and goals of the
General Plan and the objectives of 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,
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except under special circumstances applicable to a property and with a discretionary
permission by the Planning Commission. The project conforms to all grading
requirements, Zoning Code setbacks, (equestrian uses are allowed to encroach into
the rear setback) and lot coverage requirements.
D. The proposed development, as conditioned, is harmonious in scale and
mass with the site, the natural terrain and surrounding residences. As indicated in
Paragraph A, the lot coverage maximum set forth in the Zoning Code will not be
exceeded and the proposed project is consistent with the scale of the neighborhood
and will substantially utilize the existing relatively flat area for the new stable
construction.
E. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles. As noted in
Section 6 the new stable access approach off Saddleback Road has been approved by
the City's Traffic Commission.
Section 11. Sections 17.38.010 through 17.38.050 of the Rolling Hills
Municipal Code permit approval of a Variance from the standards and requirements
of the Zoning Ordinance when exceptional or extraordinary circumstances
applicable to the property and not applicable to other similar properties in the same
zone prevent the owner from making use of a parcel of property to the same extent
enjoyed by similar properties in the same vicinity. A Variance to Section 17.16.150 F
and G is required to construct a maximum 3-foot high wall along the side and front
of the residence to retain a knoll and reduce the disturbed area within the front
setback. 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 properties or class
of use in the same vicinity and zone. The subject property, together with the
adjoining properties, was developed on a small building pad with relatively steep
slopes descending from Portuguese Bend Road. The proposed wall is necessary in
the front yard to retain a knoll, thereby minimizing disturbance of the lot within the
front yard setback area along almost the entire front and leading edge of the home
previously approved.
B. The Variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property in the same vicinity and
zone, but which is denied to the property in question. The Planning Commission
considered the request for this Variance and reviewed the size and shape of the lot
and the proposed development on the lot. The Planning Commission, after
consideration and discussion, came to the conclusion that the size and configuration
of the lot (being triangular in shape) as well as slope conditions in the front yard
support the granting of the Variance. By granting this Variance the City is not
setting a precedent for similar requests in the future because it makes its
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determination on the unique characteristics of this property and the current
circumstances.
C. The granting of the Variance to allow a maximum 3 foot tall wall in the
front yard area 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 Iocated. Significant portions of the lot will be left undeveloped so as to
maintain open space on the property. In addition the subject wall will enable an
existing knoll feature to remain and reduce the disturbed area of the lot. The
additional graded area and wall are on a portion of the lot which is not intrusive to
surrounding properties, and will provide screening from nearby residences and
from the street so that the graded condition 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, where the topography of the lots dictate grading requirements for property
development. The height of the proposed wall (3 feet maximum) 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. To the
contrary, absent a variance, the property owner would be deprived of the same
rights and privileges afforded to other property owners in the vicinity. Unique
circumstances applicable to the subject property make it infeasible for the property
owner to comply with Section 17.16.070.
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 12. Based upon the foregoing findings, the Planning Commission
hereby approves Zoning Case No. 853 including a Site Plan Review and Conditional
Use Permit to allow a new stable and corral and a Variance to allow a maximum 3
foot tall wall within the front yard setback, subject to the following conditions:
A. The Site Plan, Conditional Use Permit and Variance approvals shall
expire within two years from the effective date of approval as defined in Sections
17.38.080 and 17.42.070 and 17.44.070, unless otherwise extended pursuant to the
requirements of this section.
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B. It is declared and made a condition of this approval that if any
conditions thereof are violated, this approval shall be suspended and the privileges
granted thereunder shall Iapse; provided that the applicant has been given written
notice to cease such violation, the opportunity for a hearing has been provided, and if
requested, has been held, and thereafter the applicant fails to correct the violation
within a period of thirty (30) days from the date of the City's determination.
C. All requirements of the Buildings and Construction Ordinance, the
Zoning Ordinance, and of the zone in which the subject property is located must be
complied with unless otherwise set forth in this permit, or shown otherwise on an
approved plan.
D. The lot shall be developed and maintained in substantial conformance
with the site plan on file dated March 19, 2014 except as otherwise provided in these
conditions. The working drawings submitted to the Department of Building and
Safety for plan check review shall conform to the approved development plan. All
conditions of the Variance, Site Plan Review and CUP approvals, herein as
applicable, shall be incorporated into the building permit working drawings and
complied with prior to issuance of a building permit from the building department.
E. Prior to submittal of final working drawings to the Building and Safety
Department for issuance of 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. Structural lot coverage of the lot shall not exceed 6,631 square feet or
15.9% of the net lot area, in conformance with lot coverage limitations (20%
maximum).
G. The total lot coverage proposed, including structures and flatwork shall
not exceed 12,867 square feet or 28.5%, of the net lot area, in conformance with lot
coverage limitations (35% max).
H. The disturbed area shall not exceed 35% of the net lot area and the
grading shall consist of 350 cubic yards of cut and 350 cubic yards of fill, balanced on
site. No import or export of dirt shall be permitted, except that export of dirt from
excavation activities is allowed.
I. The applicant shall comply with all requirements of the Lighting
Ordinance of the City of Rolling Hills (RHMC 17.16.190 E), pertaining to lighting on
said property.
J. All utility lines to the stable shall be placed underground, subject to all
applicable standards and requirements.
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K. A drainage plan, shall be prepared and approved by Building and
Safety Drainage Engineer prior to issuance of a construction permit. Such plan shall
be subject to County Code requirements and an approved copy submitted to the
City.
L. The property owners shall comply with the requirements of the Zoning
Ordinance pertaining to roof covering (RHMC 17.16.190).
M. The stable and corral shall comply with all standards and requirements
of the Zoning Ordinance (RHMC 17.18) including but not necessarily limited to the
following:
1. The stable and corral (including encircling fence) shall not be
closer than 25-feet from the rear property line and shall maintain a distance of
35-feet to the residence.
2. The corral shall be pervious and if not in use for equestrian
activities must remain pervious and may not be paved. The corral area shall
be encircled or otherwise delineated by the applicant by installing a three rail
fence, subject to the requirements of the Zoning Ordinance.
3. The stable uses are subject to the requirements of Section 17.18 of
the RH Zoning Ordinance.
N. The access approach to the stable and the corral area shall be taken
from Saddleback Road and constructed in conformity with the plan approved by the
Rolling Hills Traffic Commission on March 27, 2014, and shall have: a minimum
width of 10 feet, impervious surface that is roughened in the apron area near
Saddleback Road, a maximum slope of 25%, and a maximum slope of 7% within the
first 20 feet.
O. All graded areas (other than corral) shall be landscaped for erosion
control. Any new trees introduced for this project shall be of species that at full
growth will not be taller than the ridge line of the stable and shall be maintained at
that height at all times. If landscaping of 5,000 square foot area or greater, other than
the existing trees, is introduced for the stable and corral area, the landscaping shall be
subject to the requirements of the City's Water Efficient Landscape Ordinance.
P. Perimeter easements and trails, if any, including roadway easements
shall remain free and clear of any improvements including, but not be limited to,
fences -including construction fences, driveways, landscaping, irrigation and
drainage devices, except as otherwise approved by the Rolling Hills Community
Association.
Q. 50% of any construction materials must be recycled or diverted from
landfills. The hauler of the materials shall obtain City's Construction and Demolition
permit prior to start of work.
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TEST:-
R. 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.
S. During and after construction, all parking shall take place on the project
site and, if necessary, any overflow parking shall take place within, nearby roadway
easements.
T. The property owners shall be required to conform with the Regional
Water Quality Control Board and County Public Works Department Best
Management Practices (BMP's) requirements related to solid waste, drainage and
storm water drainage facilities management.
U. The conditions of approval specified herein shall be printed on the
construction plans submitted to the RHCA and building department for plan check
and permitting.
V. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills
Municipal Code, any modifications to the property, which would constitute
additional grading or structural development shall require the filing of a new
application for approval by the Planning Commission.
W. The applicant shall execute an Affidavit of Acceptance of all conditions
of this permit pursuant to Zoning Ordinance, or the approval shall not be effective.
X. 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, ¢1PPROVND ADOPTED THIS 20th DAY OF MAY 2014.
All CHILF, CHAIRMA
1)
HEIDI LUCE, CITY CLERK
8
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2014-09 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN
REVIEW AND CONDITIONAL USE PERMIT (CUP) FOR THE
CONSTRUCTION OF A STABLE AND CORRAL AND 700 CUBIC YARD
GRADING MODIFICATION AND A VARIANCE FOR NOT TO EXCEED
3' HIGH PLANTER WALL IN THE FRONT SETBBACK, IN ZONING
CASE NO. 853, (LOT 22-RH), AT 6 PORTUGUESE BEND ROAD,
ROLLING HILLS, CA. (CHANG). THE PROJECT HAS BEEN
DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
was approved and . adopted at regular. ,,meeting of the Planning
Commission on May 20, 2014 by the following roll call vote:
AYE K r mi issioners Gray, Kirkpatrick, Mirsch, Smith and
airman Chelf.
`' 'None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices
•
*),d,t gut°
HEIDI LUCE
CITY CLERK
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RESOLUTION NO. 1148
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS
GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND
CONSTRUCTION OF A NEW RESIDENCE AND A VARIANCE TO
ENCROACH WITH A PORTION OF THE RESIDENCE INTO THE FRONT
YARD SETBACK IN ZONING CASE NO. 830, AT 6 PORTUGUESE BEND
ROAD, (LOT 22-RH), (CHANG). THE PROJECT HAS BEEN DETERMINED TO
BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA).
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS
FOLLOWS:
Section 1. An application was duly filed by Mr. and Mrs. Tsern Shi Chang with
respect to real property located at 6 Portuguese Bend Road requesting a Site Plan Review for
grading of total of 340 cubic yards of cut and fill to be balanced on for the construction of a
new 4,527 square foot residence with 1,007 square foot attached garage, 479 square feet
covered porches, and a service yard. A not to exceed 4-foot wall is proposed in therear,
between the garage and the residence. The applicants also seek a Variance to allow the new
residence to encroach 20-feet into the front yard setback.
Section 2. The Planning Commission conducted several duly noticed public hearings
to consider the application and at two field trips to the property and approved the project on
April 21, 2013. The City Council at their meeting of May 13, 2013 took the case under, their
jurisdiction and held a field trip public hearing on June 24, 2013 and resumed deliberation of
the case at their regular meeting on June 24, 2013. 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, neighbors and the
City Council. The City Council having reviewed, analyzed and studied said proposal at their
June 24, 2013 meeting directed staff to prepare a resolution to approve the project. The
applicants and their representatives were in attendance at the hearings.
Section 3. The property is zoned RAS-1 and is located on the corner of Portuguese
Bend Road and Saddleback Road. Not including the roadway easements, the lot is 1.20 acres.
For development purposes the net lot area of the lot is 41,704 square feet or 0.95 acres. The lot
is irregular in shape as it is long and narrow. The lot narrows in width towards Saddleback
Road.
Section 4. The property is developed with a 1,924 sq.ft. single family residence and a
385 sq.ft. garage, where 809 sq.ft. of the house and 385 sq.ft. of the garage are within the front
yard setback. The current encroachment into the front setback varies between 11' to 28.5'. The
new house will encroach between 11' to 20' into the front setback. The existing house will be
demolished. The existing driveway is proposed to be moved in a northerly direction and was
approved by the Traffic Commission.
Section 5. Pursuant to Ordinance No. 326, a residence may be reconstructed within
the original footprint and encroachment, providing the property is located in the RAS-1 zoning
district, is not larger than 1.25 acres in size (excluding roadway easements), and the
encroachment is not greater than 20' into the front setback and not greater than 10' into the
side setback.
The subject property meets the criteria of Ordinance No. 326 due to the size of the lot and the
existing encroachment. The applicants propose to re -construct the portion of the existing
residence within the existing encroachment (not to exceed 20') and encroach up to 20' into the
front setback with the new portion of the residence, which requires a Variance and is being
requested.
Section 6. The City Council finds that the project qualifies as a Class 3 Exemption,
and is therefore categorically exempt from environmental review under the California
Environmental Quality Act.
1
Resolution No. 1148
1
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Section 7. Section 17.46.030 requires a development plan to be submitted for Site
Plan Review and approval before any grading requiring a grading permit or any new building
or structure may be constructed or any expansion, addition, alteration or repair to existing
buildings may be made which involve changes to grading or an increase to the size of the
building or structure by not more than 999 square feet in any thirty-six (36) month period.
With respect to the Site Plan Review application requesting grading and construction of a new
residence, the City Council makes the following findings of fact:
A. The proposed development is compatible with the General Plan, the Zoning
Ordinance and surrounding uses because the proposed structures comply with the General
Plan requirement of low profile, low -density residential development with sufficient open
space between surrounding structures. The lot size is adequate to accommodate the new
residence and not look overdeveloped. The newer homes in the neighborhood are similar or
larger in size to the proposed home on similar lots. The project conforms to Zoning Code lot
coverage requirements. The net lot area of the lot is 41,704 square feet. The structural net lot
coverage is proposed at 15.9%, which includes all the structures, with allowance for permitted
deductions, (20% max. permitted); and the total lot coverage proposed will be 28.5%, (35%
max. permitted). The disturbed area of the lot is proposed at 39.9%, which includes
disturbance for a future stable and corral.
B. The development plan substantially preserves the natural and undeveloped state
of the lot by minimizing grading and building coverage because the new structure will not
cause the lot to look overdeveloped. Significant portions of the lot will be left undeveloped so
as to maintain open space on the property. The applicants propose to utilize the existing
building pad for much of the new residence, therefore minimizing grading. However
additional minimal grading is necessary to complete the project. The rear of the lot is steep and
the natural topography of the sloped areas will remain. The nature, condition, and
development of adjacent uses, buildings, and structures and the topography of the lot have
been considered, and the construction of the new house will not adversely affect or be
materially detrimental to the adjacent uses, buildings, or structures because the proposed
structure will be constructed on a portion of the lot which is least intrusive to surrounding
properties, will be screened and landscaped with trees and shrubs, is a sufficient distance from
nearby residences so that the proposed structures will not impact the view or privacy of
surrounding neighbors, and will substantially utilize the existing building pad.
C. The proposed development, as conditioned, is harmonious in scale and mass
with the site, the natural terrain and surrounding residences. The proposed house is not
excessive for the size of the lot. The project takes advantage of the new ordinance, which
allows a portion of the new residence to encroach into the front setback, and eliminates
additional grading, therefore preserving the natural terrain in the rear of the lot.
D. The development plan incorporates existing trees and is screened from other
properties, which will be preserved. The applicant is proposing to keep the large trees on the
property and shrubs along the western property line to screen the residence from Portuguese
Bend Road. New landscaping along Portuguese Bend Road will be planted.
E. The development plan follows to the maximum extent practicable contours of the
site to minimize grading and retain the natural drainage courses. The project utilizes most of
the existing building pad area, however portions of the lot will be filled to create gentler pad.
The graded areas will be landscaped.
F. The proposed development is sensitive and not detrimental to the convenience
and safety of circulation for pedestrians and vehicles because the new driveway will be built to
Fire Department standards and affords better visibility of the main road than the existing
driveway. A larger than existing garage will be constructed to house more cars.
G. The project conforms to the requirements of the California Environmental
Quality Act and is exempt.
Resolution No. 1148
2
Section 8. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code
permit approval of a Variance from the standards and requirements of the Zoning Ordinance
when exceptional or extraordinary circumstances applicable to the property and not applicable
to other similar properties in the same zone prevent the owner from making use of a parcel of
property to the same extent enjoyed by similar properties in thesame vicinity. A Variance to
Section 17.16.110 is required because it states that every lot in the RAS-1 zone shall have a front
setback of not less than 50 feet from the roadway easement line and shall be unobstructed. The
applicant is requesting a Variance to encroach into the front setback. With respect to this
request for a Variance, the City Council finds as follows:
A. There are exceptional and extraordinary circumstances and conditions applicable
to the property that do not apply generally to the other property or class of use in the same
zone. The existing residence was constructed in 1942 and it encroaches into the front setback.
The encroachment permits the use of the lot to the extent allowed for other properties with
similar lot configurations. The lot was graded at that time to create a pad for construction in a
manner that the structure was placed towards the front of the property. The topography of the
lot together with the fact that the existing pad and residence are located in the front setback
create difficulty in constructing the new residence elsewhere on the property without
intruding on neighbors privacy.
B. The Variance is necessary for the preservation and enjoyment of a substantial
property right possessed by other property in the same vicinity and zone, but which is denied
to the property in question. The Variance is necessary because the existing terrain and
development on the lot creates a difficulty in placing the new construction elsewhere on the
property. The lot is located on a very unique property where the front is very long, therefore
moving the house out of the front setback in an easterly direction would put the house close to
an area of a steep terrain and closer to neighbors.
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 construction will be constructed largely on an existing
building pad, will be the least intrusive to surrounding properties and require the least
amount of grading, will be screened and landscaped, is of sufficient distance from nearby
residences and is a lesser encroachment than currently exists into the front setback. The
development 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 of the Variance the spirit and intent of the Zoning Ordinance will be
observed in that the proposed construction will be orderly, attractive and shall protect the
rural character of the community. The proposed residence will not encroach into the existing
or potentially future equestrian uses on the property. A stable and corral area will be retained
on the lot.
E. The Variance request is consistent with the General Plan of the City of Rolling
Hills because the proposed structures comply with the General Plan requirement of low
profile, low -density residential development with sufficient open space between surrounding
structures.
Section 9. Based upon the foregoing findings in Sections 7 and 8, the City Council
hereby approves the Site Plan Review application and a Variance as shown on the Site Plan
dated April 5, 2013 subject to the following conditions:
A. The conditions of approval specified herein shall be printed on all construction
plans, including those for Building Department, and shall be available at all times at the
construction site.
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, and 17.38.070 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
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3
lapse; provided that the applicants have been given written notice to se 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 of the
zone in which the subject property is located, including City of Rolling Hills and RHCA
roofing material standards, building material standards, Outdoor Lighting Standards and
others, must be complied with 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 April 5, 2013 including the height of the proposed structure.
F. The working drawings submitted to the Department of Building and Safety for
plan check and construction review must conform to the development plan approved with this
application. 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.
G. Prior to submittal of final plans to the Building Department for issuance of
grading or building permits, the plans for the project shall be submitted to staff for verification
that the final plans are in compliance with the plans approved by the Planning Commission.
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.
H. Grading shall not exceed 170 cubic yards of cut, 170 cubic yards of fill to be
balanced on site..
I. Structural lot coverage shall not exceed 6,631 square feet or 15.9% of the net lot
area.
J Total lot coverage of structures and paved areas shall not exceed 11,867 square
feet or 28.5% in conformance with lot coverage limitations.
K. The disturbance of the net lot may not exceed 39.9% or 16,648 square feet of the
net lot.
L. Residential building pad coverage on the 8,299 square foot residential building
pad shall not exceed 75.1% or 6,179 sq.ft. (not including most of the covered porch, but
including the stable).
M. The driveway shall be constructed per the plan approved by the Traffic
Commission.
N. All utility lines to the development shall be placed underground.
O. The applicants shall be required to conform to the City of Rolling Hills Water
Efficient Landscape Ordinance, Chapter 13.18 of the Municipal Code. The applicant shall
submit to the City two copies of a landscaping and irrigation plan and water usage
certification prior to obtaining grading or building permits. Within 90-days of completion of
the construction of the project, the applicant shall submit a landscaping compliance
certification.
P. A fuel modification plan, a landscape plan, and an irrigation plan prepared by a
registered landscape architect, landscape designer, landscape contractor, or an individual with
expertise acceptable to the forestry division of the fire department shall be submitted and
approved by the Fire Department. A copy of a Covenant and Agreement for maintenance of
the fuel modification plan shall be recorded at the registrar-recorder/county clerk's office and
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111
copy submitted to the City. A Fire Dept. approved fuel modi ication plan shall also be
submitted to the City.
Q The development shall be screened from Portuguese Bend Road by trees and
shrubs, which shall not grow higher than the ridge line of the residence and shall be planted
on the property (behind the roadway easement line) in an off set manner. The growth may not
result in a hedge like screening of the development.
R. Prior to the issuance of building permit two copies of a preliminary landscape
and irrigation plan, per the above requirements, shall be submitted for review by the Planning
Department. A security in the amount of the cost estimate of the implementation of the
landscaping plan (including irrigation), plus 15% shall be required to be posted prior to
issuance of building permits and shall be retained with the City for not less than two years
after landscape installation. The retained security will be released by the City after the City
Manager/designee determines that the landscaping was installed pursuant to the landscaping
plan as approved, and that such landscaping is properly established and in good condition.
S. Minimum of 50% of the demolition and construction spoils shall be recycled and
diverted. The debris hauler shall obtain City's license and documentation of diversion shall be
submitted to the City.
T. There shall be no dumping of any debris, trash, soil spoils, construction materials
or any other matter into the canyon or on the easements.
U. The front property line, easement line and setback in the vicinity of the area of
construction shall be delineated during the entire duration of the construction.
V. 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.
W. 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.
X. As part of the soils and geology report, location for a future septic tank to serve
the new single-family residence will be established. All applicable State and County
requirements, including County Health Department, pertaining to septic tanks construction
and maintenance shall be complied with.
Y. The applicants shall comply with requirements for bonding for grading and all
other requirements resulting from the review of the soils and geology reports.
Z. The applicant shall submit a detailed drainage plan including hydrology study, if
required, to the drainage engineer. To the maximum extent practicable, additional drainage
generated from the development shall be retained and dissipated on site. Prior to issuance of
any grading permits such approved plan shall be submitted to the Planning Department for
review and filing.
AA. 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.
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5
AB. The property p tY owners shall be required to conform to the Regional Water Quality
Control Board and County Public Works Department requirements for the installation and
post construction maintenance of stormwater drainage facilities.
AC. 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. The grading activities shall be watered on a
daily basis, or more often, if necessary.
AD. An Erosion Control Plan per Building Code requirements shall be prepared to
minimize erosion and to protect slopes and channels to control storm water pollution as
required by the Code.
AE. The property owner and/or his/her contractor/applicant shall be responsible
for compliance with the no -smoking provisions in the Municipal Code.
AF. 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: hftp://www.wrh.noaa.gov/lox/main.phn?suite=safety&vane=hazard definitions#FIRE. It
is the sole responsibility of the property owner and/or his/her contractor to monitor the red
flag warning conditions.
AG. Until the applicants execute and record an Affidavit of Acceptance of all
conditions of this Site Plan Review and Variance approvals, as required by the Municipal
Code, the approvals shall not be effective.
AH. All conditions of the Site Plan and Variance approvals, that apply, shall be
complied with prior to the issuance of grading or building permit.
AI. Any modification to the project or future development on the property,
including but not be limited to increase in grading quantities, limits of grading or disturbed
area or additional structures shall be reviewed by the Planning Commission, pursuant to
Section 17.46.040C of the Rolling Hills Municipal Code.
AJ. The applicant shall pay all of the applicable Building and Safety and Public
Works Department fees and Palos Verdes Peninsula Unified School District fees for new
residence.
AK. 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 ADO1-'1'ED THIS 8tht DAY OF JULY 2013.
C(rQ
FRAtJK E. HILL
MAYOR
ATTEST:
HEIDI LUCE,
DEPUTY CITY CLERK
Resolution No. 1148
• •
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS
I certify that the foregoing Resolution No. 1148 entitled:
A .RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS
GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND
CONSTRUCTION OF A NEW RESIDENCE AND A VARIANCE TO
ENCROACH WITH A PORTION OF THE RESIDENCE INTO THE FRONT
YARD SETBACK IN ZONING CASE NO. 830, AT 6 PORTUGUESE BEND
ROAD, (LOT 22-RH), (CHANG). 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 City Council on July 8, 2013 by the
following roll call vote:
AYES: Councilmember Black, Mayor Pro Tem Lay and Mayor Hill.
NOES: Councilmember Dieringer.
ABSENT: None.
ABSTAIN: Councilmember Pieper (recused).
and in compliance with the laws of California was posted at the following:
Administrative Offices.
glauldocei
HEIDI LUCE
DEPUTY CITY CLERK
Resolution No. 1148