807, To construct 2-downward slopin, Resolutions & Approval Conditions• •
RESOLUTION NO. 1117
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS
GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND
CONSTRUCTION OF WALLS AND STABLE; CONDITIONAL USE PERMIT FOR
A STABLE WITH CORRAL AND VARIANCES FOR 5' HIGH RETAINING WALLS,
ONE OF WHICH WOULD ENCROACH INTO THE SOUTH SIDE SETBACK, AND
TO EXCEED THE MAXIMUM PERMITTED DISTURBED AREA OF THE LOT ON
A PROPERTY DEVELOPED WITH A SINGLE FAMILY RESIDENCE, IN ZONING
CASE NO. 807, AT 5 BUGGY WHIP DRIVE, (LOT 245-A-MS), ROLLING HILLS,
CA, (NGUYEN). PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT, (CEQA).
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY FIND,
RESOLVE AND ORDER AS FOLLOWS:
Section 1. Application was duly filed by Mr. and Mrs. Daniel Nguyen with respect to real
property located at 5 Buggy Whip Drive. The original application entailed a request for a Site Plan
Review to grade 12,000 square foot area in the rear of the residence requiring 950 c.y. of cut and 950 c.y.
of fill; construct a stable, corral and a guest house; repair an area previously containing wood fences and
construct retaining block walls instead, as well as to construct additional retaining walls above the
proposed structures. Conditional Use Permit was requested for 890 sq.ft. stable, 1,050 sq.ft. corral and
640 sq.ft. guest house. Variances were requested to exceed the maximum permitted disturbance of the net
lot by 15.5% for a total of 55.5% disturbance; to construct walls that are 5' high along their entire length
and to encroach with a portion of the most easterly (downslope) wall 12 feet into the 35-foot side setback.
During the proceedings, and at the request of the City Council to verify the proposed grading and
wall height, the applicant submitted revised grading calculations. The proposed grading for the stable,
corral and guest house would be 633 cubic yards of cut and 633 cubic yards of fill and for the stable and
corral only, it would be 520 cubic yards of cut and 520 cubic yards of fill. Further, the applicants'
engineer confirm that the walls would be maximum 5' high with a 2:1 slope between them.
Following City Council public hearing of February 27, 2012, the applicants on March 1, 2012
withdrew the request for a Conditional Use Permit for the guest house, and therefore this approval
excludes said request.
Section 2. Following Planning Commission's approval of the project the City Council took
jurisdiction of the project. Pursuant to Section 17.54.015 of the Rolling Hills Municipal Code, a review
hearing for cases taken under jurisdiction by the City Council shall be conducted as de novo hearings.
Section 3. The City Council conducted duly noticed public hearings to consider the application
at an adjourned public hearing in the field on January 31, 2012 and at their regular meeting on February
27, 2012 and March 12, 2012.
Neighbors within 1,000-foot radius were notified of the public hearings and a notice was published in
the Peninsula News on January 12, 2012. 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 applicant's architect and attorney and the
City Council had reviewed, analyzed and studied said proposal.
Section 4. The property is currently developed with a 3,736 square foot residence, 1,008
square foot garage, 640 square foot swimming pool, service yard, trellis and entryway. Records show that
the house and swimming pool were constructed in 1967. In 1975 approval was granted and building
permits pulled for a 280 square foot stable and retaining wall. The permits expired, and there are no
further records to indicate when and if those structures were constructed.
Section 5. This project came to the City's attention as a complaint that a wall was being
constructed in the rear of the lot and an inspection of the property was conducted. The applicant stated
that he started to reconstruct walls that were there before, which were leaning and rotted. He begun
working without permits. During the inspection staff observed remnants of an old foundation in the
general location of the proposed stable as well as rotted wood beams. The building code no longer
allows timber walls if they support a structure or surcharge and it is required that the area under
consideration be brought to compliance with City's zoning and building codes.
Resolution No. 1117 (5 Buggy Whip) - 1 -
Section 6. At the hearings, the neighbors 7 BuggyWhip Drive to the project citing
g P objected
loss of privacy as their main objection, pedestrian and potential vehicular traffic along their property line
as well as overdevelopment of the pad. They also expressed concerns regarding safety of the illegally
constructed walls and their repair and practicability of the proposed access to the lower pad from the
upper building pad. A neighbor at 1 Buggy Whip also objected to the application, citing the history of the
walls and requesting assurance that they are constructed with the appropriate permits and according to
building code. The applicants and their representatives were in attendance at the hearings.
Section 7 The City Council finds that the project qualifies as a categorical exemption from
environmental review under the California Environmental Quality Act.
Section 8. 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 for the stable, corral and
walls, the City Council finds as follows:
A. The proposed development is compatible with the General Plan, the Zoning Ordinance
and surrounding uses because the proposed project complies with the General Plan requirement of low
profile, low -density residential development with sufficient open space between surrounding structures.
The net lot area for development purposes is 77,374 square feet (2.09 acres gross). The development
conforms to Zoning Code setbacks and lot coverage requirements, except for the small portion of a wall,
which would encroach into the side setback. The proposed project is screened from the road so as to
reduce the visual impact of the development. Although the disturbed area will exceed the maximum
permitted, it is required for the stable, which is a requirement of the City that every lot be developed with
a stable and corral or an area set aside for a future stable and corral be provided, and to correct an illegal
walls condition on the lot. The proposed retaining walls are intended to provide a permanent solution to a
longstanding issue of soil sloughing down slope, which was over time alleviated by fences. The fences
became overwhelmed and deteriorated; the sloughing is now being controlled by temporary wood
shoring walls. The heights of the proposed permanent retaining walls necessary to alleviate the problem
will not exceed 5 feet. The problem if not corrected, could eventually affect neighboring properties.
B. The development plan substantially preserves the natural and undeveloped state of the lot
by minimizing building coverage because the new structure will not cause the lot to look overdeveloped.
The applicant is utilizing an area of the lot that was previously developed with a small stable and
retaining walls, but for which there are no records. 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.
C. 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.
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 construction.
E. 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
pathway to the new stable and existing driveway to the house will remain.
F. The project conforms to the requirements of the California Environmental Quality Act and
is exempt.
Resolution No. 1117 (5 Buggy Whip) - 2 -
111
Section 9. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code permit
approval of a Variance from the standards and requirements of the Zoning Ordinance when exceptional
or extraordinary circumstances applicable to the property and not applicable to other similar properties in
the same zone prevent the owner from making use of a parcel of property to the same extent enjoyed by
similar properties in the same vicinity. A Variance to Section 17.16.070 (B) is required because it states
that the lot disturbance shall be limited to 40.0% of the net lot area. The applicant is requesting a
Variance because total disturbance of the net lot area is proposed to be 55.5%. 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 this
property that do not apply generally to the other properties in the same zone. The property is unique in
that the rear pad was created in the past without grading permits and was revealed only after the applicant
cleared the vegetation in the area, and realized that wood fences and a paddock existed on a relative flat
portion of the rear. Once the vegetation was removed, eroding of the rear area was observed. The
additional disturbance became necessary to shore up the terraced area in the rear. The construction
requires engineered retaining walls instead of the wood fences that currently exist. The remediation of
the slope is also necessary for erosion control, thus contributing to the disturbance of the lot.
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 would be denied to the
property in question absent a variance. Many of the homes in the area are developed with stables and
other accessory uses, and the area proposed for grading, a portion of which is already relatively flat, but
which will be enlarged for the proposed construction, is conducive to such development, as there is no
other area on the lot where a stable may be located. The construction of the walls is intended to alleviate
the ongoing problem of erosion and provide a permanent solution, thereby preventing additional
disturbance.
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.
Significant portions of the lot will be left undeveloped so as to maintain open space on the property. The
additional graded area is on a portion of the lot which is not intrusive to surrounding properties, and will
be screened and landscaped with trees and shrubs from nearby residences and from the street and trail so
that the as 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 stabilization and erosion control. The
overage requested 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, as many stables on that street are located on a secondary pad below the
main residence. 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 10. 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 City approves a Conditional Use Permit.
With respect to this request for a Conditional Use Permit, the City Council 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.
Resolution No. 1117 (5 Buggy Whip) - 3 -
• •
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. Additional trees will be added to further screen the project from adjacent
properties. The proposed stable is to be located on an already partially graded area, therefore preserving
the natural terrain of the remaining of the property.
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 2.09 acres in size and is
sufficiently large to accommodate the proposed structure.
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 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 because it
states that walls not to exceed 3-feet, under certain circumstances, may be located in setbacks and Section
17.16.190F state that wall may not exceed 5' on the average of 2 ''A feet in height. The applicants request
Variance to allow a portion of the wall to encroach 12 feet into the required 35-foot south side yard
setback and to construct 5' high walls. 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 this
property that do not apply generally to the other properties in the same zone. The property is unique in
that the rear pad was created in the past without grading permits and was revealed only after the applicant
cleared the vegetation in the area, and realized that wood fences and a paddock existed on a relative flat
portion of the rear. Once the vegetation was removed, erosion of the rear area was observed. The
additional disturbance became necessary to shore up the terraced area in the rear. The construction
requires block retaining walls instead of the wood fences that currently exist. The remediation of the
slope is also necessary for erosion control, which requires the up to 5' walls to adequately contain the
slope.
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 would be denied to the
property in question absent a variance. Many of the homes in the area are developed with stables and
other accessory uses, and the area proposed for grading, a portion of which is already relatively flat, but
which will be enlarged for the proposed construction, is conducive to such development, as there is no
other area on the lot where a stable and other structures may be located. The construction of the walls is
intended to alleviate the ongoing problem of erosion and provide a permanent solution.
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.
Wooden walls previously existed on the lot in vicinity of the proposed encroachment and the wall will be
screened by vegetation. No neighbors came forth in opposition to the wall. 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, where the
topography of the lots dictate grading requirements for property stabilization and erosion control and
height of walls. The requested encroachment is not substantial and does not undermine the spirit or intent
of the Zoning Ordinance.
Resolution No. 1117 (5 Buggy Whip) - 4 -
• • ‘
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
)
)
)
The foregoing Resolution No. 1117 entitled:
SS
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS
GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND
CONSTRUCTION OF WALLS AND STABLE; CONDITIONAL USE PERMIT FOR
A STABLE WITH CORRAL AND VARIANCES FOR 5' HIGH RETAINING WALLS,
ONE OF WHICH WOULD ENCROACH INTO THE SOUTH SIDE SETBACK, AND
TO EXCEED THE MAXIMUM PERMITTED DISTURBED AREA OF THE LOT ON
A PROPERTY DEVELOPED WITH A SINGLE FAMILY RESIDENCE, IN ZONING
CASE NO. 807, AT 5 BUGGY WHIP DRIVE, (LOT 245-A-MS), ROLLING HILLS,
CA, (NGUYEN). PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT, (CEQA).
was approved and adopted at a regular meeting of the City Council on March 12, 2012, by the following
roll call vote:
AYES: Councilmember Lay, Pemell and Mayor Pro Tem Hill.
NOES: , None.
ABSENT: Councilmembers Black and Heinsheimer (recused).
ABSTAIN: None.
cliW ' JKL
)
Heidi Luce
Deputy City Clerk
Resolution No. 1117 (5 Buggy Whip) - 8 -
• •
X. 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.
Y. The applicant shall comply with requirements for bonding for grading and all other
requirements resulting from the review of the soils and geology reports.
Z. The property owner and/or his/her contractor/applicant shall be responsible for
compliance with the no -smoking provisions in the Municipal Code.
AA. 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:
httn://www.wrh.noaa.eov/lox/main.ohn?suite=safety&nave=hazard_definitions#FIRE. It is the sole
responsibility of the property owner and/or his/her contractor to monitor the red flag warning conditions.
AB. All conditions of the Site Plan, Conditional Use Permit and Variance approvals, that
apply, shall be complied with prior to the issuance of grading or building permit.
AC. There shall be no dumping of any debris, trash, soil spoils, construction materials or any
other matter into the canyon or elsewhere on the property.
AD. Any modification to the project, including but not be limited to increase in grading
quantities, limits of grading or disturbed area on the property that varies from this approval and which
would be within the purview of staff's approval, shall be reviewed and approved by staff and reported to
the Planning Commission and City Council.
AE. 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.
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.
AG. The Rolling Hills Community Association review and approval is required.
AH. Nothing in the above conditions precludes the owners from submitting an application to
the City for a guest house in the future.
PASSED, APPROVED AND ADOPTED THIS 12th DAY OF MARCH 2012.
Mayor/Mayor Pro Tem
ATTEST:
VddtteZ)
Heidi Luce
Deputy City Clerk
Resolution No. 1117 (5 Buggy Whip) - 7 -
• •
K. 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, roofing material
requirements (RHMC 17.16.190), and all other Zoning and Building Code requirements.
L. All utility lines to the stable shall be placed underground, subject to all applicable
standards and requirements.
M. The stable structure shall not exceed 890 square feet with 120 square foot covered porch,
and shall meet all the requirements for construction of a stable including the agricultural and tack room
space.
N. The access to the stable shall be unpaved and shall remain covered with dirt, wood chips
or gravel. If located in the easement, it shall be approved by the RI-ICA.
O. The corral area shall be not less than 1,000 square feet and shall be fenced in with a
three -rail or equivalent fence. The surface of the corral and paddock, if not used for animal keeping,
must remain permeable at all times.
P. The applicant shall submit a detailed drainage plan including hydrology study 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 and/or a
building permit for the construction such approved plan shall be submitted to the Planning Department
for review and filing.
Q. 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.
R. The retaining walls shall be screened from views of the neighbors. Two copies of a
landscaping plan shall be submitted to City for review and approval. The landscaping plan shall utilize
to the maximum extent feasible, plants that are native to the area and are consistent with the rural
character of the community. The trees, when planted, shall be a minimum 15 gallon containers or 24"
box, so that the walls are sufficiently screened from adjacent properties. At maturity plants and trees
shall not exceed the ridgeline of the stable as not to impair views of neighboring properties but to screen
the structures. Such plants shall be evergreen, to retain their fullness at all times. Plants and trees shall
be planted in an offset manner so that not to result in a hedge like screen.
S. In addition, all graded areas shall be vegetated utilizing to the greatest extent feasible
mature native and drought resistant plants. The applicant shall deposit with the City a security in the
amount of the cost estimate of the implementation of the landscaping plan (including irrigation), plus
15% prior to issuance of a grading permit. Such security shall be retained with the City for not less than
two years after landscape installation. The retained security will be released by the City only after the
City Manager determines that the landscaping was installed pursuant to the landscaping plan as
approved, and that such landscaping is properly established and in good condition.
T. Perimeter easements and trails, if any, including roadway easements shall remain free and
clear of any improvements including, but not be limited to, fences, landscaping, irrigation and drainage
devices, except as otherwise approved by the Rolling Hills Community Association.
U. Minimum of 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. No final inspection shall be granted until all documentation is filed with the City.
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 and after construction, all parking shall take place on the project site and, if
necessary, any overflow parking may take place within nearby roadway easements.
Resolution No. 1117 (5 Buggy Whip) - 6 -
• •
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, as there are several stables and retaining walls to hold up the stable pads
in the vicinity on other properties. Unique circumstances applicable to the subject property make it
infeasible for the property owner to comply with Section 17.16.150.
F. The variance is consistent with the portions of the County of Lok Angeles Hazardous
Waste Management Plan relating to siting and siting criteria for hazardous waste facilities.
Section 12. Based upon the foregoing findings in Sections 8, 9, 10 and 11 the City Council
hereby approves the Site Plan Review application, Conditional Use Permit and Variances in Zoning Case
No. 807 for grading of 520 cubic yards of cut and 520 cubic yards of fill, construction of a 890 sq.ft.
stable and 1,050 sq.ft. corral, pool equipment area, two not to exceed 5' high retaining walls below the
stable and corral, the lower of which would encroach 12 feet into the south side yard setback, one not to
exceed 5' high retaining wall above the stable and a not to exceed 3' wall along the access way to the
stable below the existing toe of slope of the upper building pad as shown on the Site Plan dated March 1,
2012, subject to the following conditions:
A. The conditions of approval specified herein in this Resolution shall be printed on all
construction plans and shall be at all times available at the construction site.
B. The Site Plan Review, Conditional Use Permits and Variances approvals shall expire
within two years from the effective date of approval as defined in Sections 17.46.080, 17.38.080 and
17.42.070, unless otherwise extended pursuant to the requirements of these sections.
C. 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 lapse; 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.
D. 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, including soils and geology studies as required by
the Building Official.
E. The lot shall be developed and maintained in substantial conformance with the site plan
on file dated March 1, 2012 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 and shall be submitted to City staff for verification that the final plans are in
compliance with the plans approved by the City Council. All conditions of the Site Plan, Variance and
CUP approvals, herein as applicable, shall be incorporated into the building permit working drawings
and complied with prior to issuance of a grading or building permit from the building department.
F. Structural lot coverage of the lot shall not exceed 7,174 square feet or 9.3% 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
11,030 square feet or 14.3%, of the net lot area, in conformance with lot coverage limitations (35%
max).
H. Grading shall not exceed 520 cubic yards of cut and 520 cubic yards of fill and must be
balanced on site. The disturbed area of the lot shall not exceed 43,000 square feet or 55.5% of the net lot
area, in conformance with the Variance request.
I. No wall may exceed 5-feet in height at any one point from the finished grade, as shown
on the approved plan. The applicant shall explore alternative construction material for the retaining
walls from the standard cement block.
J. The stable building pad shall not exceed 4,250 square feet and the coverage shall not
exceed 24.0%, which includes the 890 s.f. stable with portion of the covered porch and mechanical/pool
equipment area.
Resolution No. 1117 (5 Buggy Whip) - 5 -
•
RESOLUTION NO. 2011-13
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING
HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND
CONSTRUCTION OF WALLS AND ACCESSORY STRUCTURES; CONDITIONAL
USE PERMIT TO CONSTRUCT A STABLE WITH CORRAL AND A GUEST HOUSE
AND REQUEST FOR VARIANCES TO CONSTRUCT A RETAINING WALL PORTION
OF WHICH WOULD ENCROACH INTO THE SOUTH SIDE SETBACK, AND TO
EXCEED THE MAXIMUM PERMITTED DISTURBED AREA OF THE LOT ON A
PROPERTY DEVELOPED WITH A SINGLE FAMILY RESIDENCE, IN ZONING CASE
NO. 807, AT 5 BUGGY WHIP DRIVE, (LOT 245-A-MS), ROLLING HILLS, CA,
(NGUYEN). PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM 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. Daniel Nguyen with
respect to real property located at 5 Buggy Whip Drive requesting a Site Plan Review to
grade 12,000 square foot area in the rear of the residence requiring 950 c.y. of cut and 950
c.y. of fill; construct a stable, corral and a guest house; repair an area previously
containing wood fences and construct retaining block walls instead, as well as to
construct additional retaining walls above the proposed structures. Conditional Use
Permit is requested for 890 sq.ft. stable, 1,050 sq.ft. corral and 640 . sq.ft. guest house.
Variances are requested to exceed the maximum permitted disturbance of the net lot by
15.5% for a total of 55.5% disturbance; and to encroach with a portion of the most
easterly (downslope) wall 12 feet into the 35-foot side setback.
The applicants withdrew an application for a Variance to construct a pergola in the front
setback.
Section 2 This proposal is subject to the recently 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. In 2009 the applicant received an -over-the-counter approval for a
major remodel, roof solar panels and 952 square foot addition to the residence. At that
time no grading was proposed. 1,000 square foot stable and corral area was designated
in the general location of the proposed stable and corral. The property is currently
developed with a 3,736 square foot residence, 1,008 square foot garage, 640 square foot
swimming pool, service yard, trellis and entryway.
Section 4. Records show that the house and swimming pool were constructed
in 1967. In 1975 approval was granted and building permits pulled for a 280 square foot
stable and retaining wall. However, the permits expired, and there are no further records
Reso. 2011-13
5 Buggy Whip
1
•
•
A
to indicate whether the stable was constructed and when the old, wood retaining walls
were constructed.
Section 5. Staff received a complaint that a wall was being constructed in the
rear of the lot. Upon inspection and research staff determined that there were two wood
retaining walls on the property before the applicant begun to replace them. There was
also a small flat concrete paddock like area above the wall, at the southwestern portion
of the lot. The applicant stated that the walls were deteriorated and leaning and needed
reconstruction and he begun working without permits. The building code no longer
allows timber walls if they support a structure or surcharge. With the requirement that
the area of the old walls be brought to compliance with the zoning and building codes,
the applicant has in addition applied for the additional structures and grading, so that
all of the proposed work can be reviewed at the same time.
Section 6. The Planning Commission conducted duly noticed public hearings
on the subject application on September 20, October 18, November 15 and at two field
trips on October 18 and on November 15, 2011. 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
Planning Commission upon request from a neighbor viewed the project twice from 7
Buggy Whip Drive. The applicant and applicant's representative were in attendance at
the hearings. Per Planning Commission's recommendations, the applicants revised their
proposal several times.
Section 7. At the hearings, the neighbors at 7 Buggy Whip Drive strongly
objected to the project citing loss of privacy as their main objection, as well as
overdevelopment of the lot and concerns with drainage.
Section 8. The Planning Commission finds that the project qualifies as a
categorical exemption from environmental review under the California Environmental
Quality Act.
Section 9. 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 for the stable, corral, guest house and walls, the Planning
Commission finds as follows:
A. The proposed development is compatible with the General Plan, the
Zoning Ordinance and surrounding uses because the proposed project complies with the
General Plan requirement of low profile, low -density residential development with
sufficient open space between surrounding structures. The net lot area for development
purposes is 77,374 square feet (2.09 acres gross). The development conforms to Zoning
Reso. 2011-13
5 Buggy Whip
2
• •
Code setbacks and lot coverage requirements, except for the small portion of a wall,
which would encroach into the side setback. The proposed project is screened from the
road so as to reduce the visual impact of the development. Although the disturbed are
will exceed the maximum permitted, it is partially required for the stable, which is a
requirement of the City that every lot be developed with a stable and corral or an area
set aside for a future stable and corral be provided, and to correct an illegal walls
condition on the lot. The proposed retaining walls are intended to provide a permanent
solution to a longstanding issue of soil sloughing down slope, which was over time
alleviated by fences. The fences became overwhelmed and deteriorated; the sloughing is
now being controlled by temporary wood shoring walls. The heights of the proposed
permanent retaining walls necessary to alleviate the problem will not exceed 5 feet. The
problem if not corrected, could eventually affect neighboring properties.
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 that was previously developed with a small stable and retaining walls, but for
which there are no records. 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.
C. 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.
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 construction.
E. 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.
Reso. 2011-13
5 Buggy Whip
3
• •
F. The project conforms to the requirements of the California Environmental
Quality Act and is exempt.
Section 10. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal
Code permit approval of a Variance from the standards and requirements of the Zoning
Ordinance when exceptional or extraordinary circumstances applicable to the property
and not applicable to other similar properties in the same zone prevent the owner from
making use of a parcel of property to the same extent enjoyed by similar properties in
the same vicinity. A Variance to Section 17.16.070 (B) is required because it states that the
lot disturbance shall be limited to 40.0% of the net lot area. The applicant is requesting a
Variance because total disturbance of the net lot area is proposed to be 55.5%. 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 rear pad was created in the past without
grading permits and was revealed only after the applicant cleared the vegetation in the
area, and realized that wood fences and a paddock existed on a relative flat portion of
the rear. Once the vegetation was removed, eroding of the rear area was observed. The
additional disturbance became necessary to shore up the terraced area in the rear. The
construction requires block retaining walls instead of the wood fences that currently
exist. The remediation of the slope is also necessary for erosion control, thus
contributing to the disturbance of the lot.
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 would be denied to the property in question absent a variance. Many of the
homes in the area are developed with stables and other accessory uses, and the area
proposed for grading, a portion of which is already relatively flat, but which will be
enlarged for the proposed construction, is conducive to such development, as there is no
other area on the lot where a stable and other structures may be located. The
construction of the walls is intended to alleviate the ongoing problem of erosion and
provide a permanent solution, thereby preventing additional disturbance.
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. Significant portions of the lot will be left undeveloped so
as to maintain open space on the property. The additional graded area is on a portion of
the lot which is not intrusive to surrounding properties, and will be screened and
landscaped with trees and shrubs from nearby residences and from the street and trail so
that the as 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.
Reso. 2011-13
5 Buggy Whip
• •
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 stabilization and erosion control. The
overage requested 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 11. 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 Planning
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. Additional
trees will be added to further screen the project from adjacent properties. The proposed
stable is to be located on an already partially graded area, therefore preserving the
natural terrain of the remaining of the property.
Reso. 2011-13
5 Buggy Whip
• •
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 2.09 acres in size and is sufficiently large to accommodate the
proposed structure. The stable will be screened from neighbors view by trees.
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 12. Section 17.16.210(A)(5) of the Rolling Hills Municipal Code permits
approval of a guest house under certain conditions, provided the Planning Commission
approves a Conditional Use Permit for guest houses over 200 square feet. 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 guest house 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 development standards of the Zoning Ordinance and no deviations from the
development standards are requested.
B. The nature, condition, and development of adjacent uses, buildings, and
structures have been considered, and the construction of a guest house will not
adversely affect or be materially detrimental to these adjacent uses, buildings, or
structures because the guest house is of sufficient distance from nearby residences and
will be screened so that the guest house 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 guest house complies with the low
profile residential development pattern of the community, will be located in an area that
is partially flat and will be screened from neighbors' view by shrubs and trees.
D. The proposed conditional use complies with all applicable development
standards of the zone district because the 640 square foot size of the guest house does
not exceed the maximum permitted under the Municipal Code and the guest house
does not encroach into any setback areas and is not located in the front.
Reso. 2011-13
5 Buggy Whip
6
• •
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.
F. The proposed conditional use observes the spirit and intent of Title 17 of the
Zoning Code because the proposed project meets all of the development standards of the
Zoning Regulations and stable, corral and access thereto is proposed to be constructed,
and if not constructed there is adequate room for a future stable and corral.
G. The project conforms to the requirements of the California Environmental
Quality Act and is exempt.
Section 13. 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 because it states that
walls not to exceed 3-feet, under certain circumstances, may be located in setbacks. The
applicants request Variance to allow a portion of the wall to encroach 12 feet into the
required 35-foot south side yard 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 this property that do not apply generally to the other properties in the
same zone. The property is unique in that the rear pad was created in the past without
grading permits and was revealed only after the applicant cleared the vegetation in the
area, and realized that wood fences and a paddock existed on a relative flat portion of
the rear. Once the vegetation was removed, erosion of the rear area was observed. The
additional disturbance became necessary to shore up the terraced area in the rear. The
construction requires block retaining walls instead of the wood fences that currently
exist. The remediation of the slope is also necessary for erosion control, which requires
the walls.
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 would be denied to the property in question absent a variance. Many of the
homes in the area are developed with stables and other accessory uses, and the area
proposed for grading, a portion of which is already relatively flat, but which will be
enlarged for the proposed construction, is conducive to such development, as there is no
other area on the lot where a stable and other structures may be located. The
construction of the walls is intended to alleviate the ongoing problem of erosion and
provide a permanent solution.
Reso. 2011-13
5 Buggy Whip
7
•
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. Wooden walls previously existed on the lot in vicinity of
the proposed encroachment and the wall will be screened by vegetation. No neighbors
came forth in opposition to the wall. 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, where the
topography of the lots dictate grading requirements for property stabilization and
erosion control. The requested encroachment 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 17.16.150.
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 14. Based upon the foregoing findings in Sections 9,10,11,12 and 13 the
Planning Commission hereby approves the Site Plan Review application, Conditional
Use Permits and Variances in Zoning Case No. 807 for grading and construction of a
stable, corral, guest house and walls as shown on the Site Plan dated December 13, 2011
subject to the following conditions:
A. The conditions of approval specified herein in this Resolution shall be
printed on all construction plans and shall be at all times available at the construction
site.
B. The Site Plan Review, Conditional Use Permits and Variances approvals
shall expire within two years from the effective date of approval as defined in Sections
17.46.080, 17.38.080 and 17.42.070, unless otherwise extended pursuant to the
requirements of these sections.
Reso. 2011-13
5 Buggy Whip
8
• •
C. 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 lapse; 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.
D. 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.
E. The lot shall be developed and maintained in substantial conformance
with the site plan on file dated December 12, 2011 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 and shall be
submitted to City staff for verification that the final plans are in compliance with the
plans approved by the Planning Commission. All conditions of the, Site Plan, Variance
and CUP approvals, herein as applicable, shall be incorporated into the building permit
working drawings and complied with prior to issuance of a grading or building permit
from the building department.
F. Structural lot coverage of the lot shall not exceed 7,814 square feet or
10.1 % 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 11,670 square feet or 15.1 %, of the net lot area, in conformance with lot
coverage limitations (35% max).
H. Grading shall not exceed 950 cubic yards of cut and 950 cubic yards of fill
and is proposed to be balanced on site. The disturbed area of the lot shall not exceed
43,000 square feet or 55.5% of the net lot area, in conformance with the Variance
request.
I. No wall may exceed 5-feet in height at any one point from the finished
grade.
J. The stable and guest house pad shall not exceed 4,250 square feet and the
coverage shall not exceed 39.1 %, which includes the 890 s.f. stable, 640 s.f. guest house,
mechanical equipment area and a portion of the stable porch. The residential building
pad shall remain at 15,984 square feet and coverage on this pad shall not exceed 38.1%.
K. 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
Reso. 2011-13
5 Buggy Whip
9
• •
said property, roofing material requirements (RHMC 17.16.190), and all other Zoning
and Building Code requirements.
L. All utility lines to the stable and guest house shall be placed underground,
subject to all applicable standards and requirements.
M. The guest house shall not exceed 640 square feet and shall meet all
requirements of the zoning ordinance regarding construction, occupancy and access
thereto.
N. No parking pad or driveway shall be constructed within 50-feet of the
guest house.
O. The stable shall not exceed 890 square feet with 120 square foot covered
porch, and shall meet all the requirements for construction of a stable including the
agricultural and tack room space. The access to the stable shall be unpaved and shall
remain covered with dirt, wood chips or gravel.
P. The corral area shall be not less than 1,000 square feet and shall be fenced
in with a three -rail or equivalent fence. The surface of the corral and paddock, if not
used for animal keeping, must remain permeable at all times.
Q. The applicant shall submit a detailed drainage plan including hydrology
study 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 and/ or a building permit for the construction such
approved plan shall be submitted to the Planning Department for review and filing.
R. 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.
S. The project is subject to the requirements of the Water Efficient Landscape
Ordinance. Prior to issuance of building permits, two copies of a final landscape and
irrigation plans shall be submitted for review and approval by the Planning
Department and shall be in substantial compliance with the plan dated December 13,
2011. The landscaping plan shall utilize to the maximum extent feasible, plants that are
native to the area and are consistent with the rural character of the community. The
trees, when planted, shall be of minimum 15 gallon containers or 24" box, so that the
guest house, walls and stable are sufficiently screened from adjacent properties.
Reso. 2011-13
5 Buggy Whip
10
•
At maturity such plants and trees shall not exceed the ridgeline of the stable and guest
house, as not to impair views of neighboring properties but to screen the structures.
Such plants shall be evergreen, to retain their fullness at all times. Plants and trees shall
be planted in an offset manner so that not to result in a hedge like screen.
T. In addition, all graded areas shall be vegetated utilizing to the greatest
extent feasible mature native and drought resistant plants.
The applicant shall deposit with the City a security in the amount of the cost estimate of
the implementation of the landscaping plan (including irrigation), plus 15% prior to
issuance of a grading permit. Such security shall be retained with the City for not less
than two years after landscape installation. The retained security will be released by the
City only after the City Manager determines that the landscaping was installed
pursuant to the landscaping plan as approved, and that such landscaping is properly
established and in good condition.
U. Perimeter easements and trails, if any, including roadway easements shall
remain free and clear of any improvements including, but not be limited to, fences,
landscaping, irrigation and drainage devices, except as otherwise approved by the
Rolling Hills Community Association.
V. 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. No final inspection shall be granted until all
documentation is filed with the City.
W. 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.
X During and after construction, all parking shall take place. on the project
site and, if necessary, any overflow parking shall take place within nearby roadway
easements.
Y. 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.
Z. The applicant shall comply with requirements for bonding for grading
and all other requirements resulting from the review of the soils and geology reports.
Reso. 2011-13
5 Buggy Whip
11
• •
AA. The property owner and/or his/ her contractor/ applicant shall be
responsible for compliance with the no -smoking provisions in the Municipal Code.
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.goviloximain.php?suite=safety&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. All conditions of the Site Plan, Conditional Use Permit and Variance
approvals, that apply, shall be complied with prior to the issuance of grading or
building permit..
AD. There shall be no dumping of any debris, trash, soil spoils, construction
materials or any other matter into the canyon or elsewhere on the property.
AE. Any modification to the project, including but not be limited to increase in
grading quantities, limits of grading or disturbed area on the property that varies from
this approval and which would be within the purview of staff's approval, shall be
reviewed and approved by staff and reported to the Planning Commission.
AF. 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.
AG. 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 TED THIS 20th DAY OF DECEMBER 2011.
PIER,61rAIRMAN
ATTEST:
HEIDI LUCE, DEPUTY CITY CLERK
Reso. 2011-13
5 Buggy Whip
12
• •
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS)
)
) §§
I certify that the foregoing Resolution No. 2011-13 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR
GRADING AND CONSTRUCTION OF WALLS AND ACCESSORY STRUCTURES;
CONDITIONAL USE PERMIT TO CONSTRUCT A STABLE WITH CORRAL AND A
GUEST HOUSE AND REQUEST FOR VARIANCES TO CONSTRUCT A RETAINING
WALL PORTION OF WHICH WOULD ENCROACH INTO THE SOUTH SIDE
SETBACK, AND TO EXCEED THE MAXIMUM PERMI FI ED DISTURBED AREA OF
THE LOT ON A PROPERTY DEVELOPED WITH A SINGLE FAMILY RESIDENCE, IN
ZONING CASE NO. 807, AT 5 BUGGY WHIP DRIVE, (LOT 245-A-MS), ROLLING
HILLS, CA, (NGUYEN). PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, (CEQA).
was approved and adopted at regular meeting of the Planning Commission on
December 20, 2011 by the following roll call vote:
AYES: Commissioners Chelf, Henke, Smith and Chairman Pieper.
NOES: Commissioner DeRoy.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices
ciiivtl►`, �C '
HEIDI LUCE, DEPUTY CITY CLERK
Reso. 2011-13
5 Buggy Whip
13