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886, The variance would all for the, Correspondencev • • City el/Rolling flit/4 September 17, 2015 Mr. and Mrs. Daniel Nguyen 5 Buggy Whip Drive Rolling Hills, CA 90274 SUBJECT: ZONING CASE NO. 886. INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377.7288 Dear Mr. & Mrs. Nguyen: This letter shall serve to notify you that the City Council at their regular meeting on September 14, 2015, upheld the Planning Commission's decision approving your request. Before this case takes effect you are required to cause to be recorded an Affidavit of Acceptance Form, accepting all of the conditions of the resolution, together with the subject resolution in the Office of the County Recorder. Please assure that you and your contractor are familiar with the conditions of approval and place them on the front sheet of the plans to be reviewed by the Building and Safety Department and on all working drawings, including job site plans. I have enclosed a copy of RESOLUTION NO. 2015-19 specifying the conditions of approval set forth by the Planning Commission. Please complete the enclosed AFFIDAVIT OF ACCEPTANCE FORM, have the signature(s) notarized, and forward, (or hand deliver), the completed form and a copy of the Resolution to: Los Angeles County Registrar -Recorder Real Estate Records Section 12400 East Imperial Highway Norwalk, CA 90650 (562) 462-2125 or LAX Courthouse 11701 S. La Cienega Blvd. 6th Floor Los Angeles, CA 90045 310-727-6142 0 Printed on Recycled Paper • Please verify the cost of recordation, as the County Recorders' fees change frequently. The Planning Commission placed a condition on your property that any future development on the property and any modification to the approved project shall be reviewed under a separate application before the Planning Commission. Please also submit the drainage plan along the north property line, once finalized by your engineer and the RHCA. The City will notify the Building & Safety Department to issue permits only after the Affidavit of Acceptance and the Resolution are recorded and received by us and any conditions of the Resolution required prior to issuance of building permits are met. Please feel free to call me at (310) 377-1521 if you have any questions. Since ly Yonta Schwartz Planning Director cc: Dan Bolton, Bolton Engineering (Cover letter only) Enclosures: AFFIDAVIT OF ACCEPTANCE FORM RESOLUTION NO. 2015-19 DEVELOPMENT PLAN v • • RECORDING REQUESTED BY AND MAIL TO: CITY OF ROLLING HILLS PLANNING DEPARTMENT 2 PORTUGUESE BEND RD. ROLLING HILLS, CA 90274 (310) 377-1521 (310) 377-7288 FAX T RECORDER'S USE ONLY THE REGISTRAR -RECORDER'S OFFICE REQUIRES THAT THE FORM BE NOTARIZED BEFORE RECORDATION. AFFIDAVIT OF ACCEPTANCE FORM, STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) ZONING CASE NO. 886 (SEE EXHIBIT A ATTACHED) XX SITE PLAN REVIEW XX VARIANCE I (We) the undersigned state I am (We are) the owner(s) of the real property described as follows: 5 BUGGY WHIP DRIVE, ROLLING HILLS, CA 90274 (LOT 245 A -MS) 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. 886 XX SITE PLAN REVIEW XX VARIANCE 1 (We) certify (or declare) under the penalty of perjury that the foregoing is true and correct. Signature Signature Name typed or printed Name typed or printed Address Address City/State City/State • i A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF COUNTY OF } } On , before me, Notary Public, personally appeared ,a who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: Name of Notary: Date Commission Expires Commission No. • • E?ci-i rn RESOLUTION NO. 2015-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW TO RECONSTRUCT AN EXISTING RETAINING WALL AND VARIANCE TO ALLOW UNPERMITTED ACCESSORY AMENITIES WHICH ENCROACH INTO THE REQUIRED SETBACKS, INCLDING PARTS OF THE WALL, TO REMAIN ON THE PROPERTY IN ZONING CASE NO. 886, AT 5 BUGGY WHIP DRIVE, (LOT 245-A-MS), ROLLING HILLS, CA. (NGUYEN). THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application was duly filed by Mr. Daniel Nguyen with respect to real property located at 5 Buggy Whip Drive, Rolling Hills, CA requesting a Site Plan Review to reconstruct an unpermitted 265' long, not to exceed 4.2' high stacked block retaining wall with same height masonry retaining wall along the access path to the stable and Variances to retain unpermitted outdoor accessory amenities and the reconstructed retaining wall in the front and side setbacks. Other than the wall, the outdoor unpermitted structures that require a variance are as follows: a) 89 square foot barbeque and sink with oven in the front yard setback b) partially constructed 355 square foot trellis of which 59 square feet would encroach into the front yard setback c) 81 square foot fire place, of which 55 square feet encroaches into the south side yard setback Section 2. These improvements came to the attention of the City staff as a complaint together with a complaint related to drainage run-off from a D.G. path onto adjacent property. Although the drainage repair does not require a discretionary review, it is an existing condition on the property creating a nuisance to a neighbor; therefore, it is a requirement of this approval that the applicant correct this condition. The wall and the outdoor amenities were constructed without City approvals or building permits. The wall as constructed does not meet the LA County Building Code standards for construction of retaining walls and therefore must be reconstructed and reinforced. Section 3. The Planning Commission conducted duly noticed public hearings to consider the application at a regular Planning Commission meeting and in the field on July 21, 2015. The applicant was notified of the public hearings in writing by first class mail. Evidence was heard and received 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 his representative were in attendance at the hearings. Several neighbors attended the meetings but expressed no objections to the request. However, a neighbor requested that the drainage be corrected. Reso. 2015-19 5 Buggy Whip Drive 1 Section 4. The subject property is zoned RAS-2 and is currently developed with a 4,734 square foot residence, 1,008 square foot garage, 640 square foot swimming pool, 890 square foot stable, service yard, arbor, trellis and entryway and the unpermitted structures subject to this Resolution, for a total structural coverage of 10.9% of the lot. Section 5. The project is exempt from the California Environmental Quality Act (CEQA) pursuant to section 15303 of the CEQA Guidelines, which addresses accessory structures (Class 3 Categorical Exemption). Section 6. Section 17.16.190(F) requires a Site Plan Review for walls over 3' in height. With respect to the Site Plan Review application for the retaining wall, which does not exceed 4.2' at any one point along the accessway to the stable, the Planning Commission finds as follows: A. The proposed development is compliant with all requirements of the Zoning Ordinance except as approved herein by Variance, and is compatible with the General Plan and surrounding uses because the proposed project is consistent with goals and policies that require low profile, low -density residential development with sufficient open space between surrounding structures and following strict grading practices to preserve the community's natural terrain. The wall construction will occur in an area previously graded and disturbed and there will be no new grading. The wall minimally exceeds the height that staff could approve administratively and is necessary to retain a slope above the accessway to the stable. The condition and "bulk" of the wall will be mitigated, as the new wall is not visible from any neighbors. The wall is to correct an illegal wall condition on the lot. The proposed retaining wall is intended to provide a permanent solution to retaining a steep slope above the access to the stable. B. The development plan substantially preserves the natural and undeveloped state of the lot by minimizing building coverage because the project does not add to building coverage. C. The proposed retaining wall, as conditioned, is harmonious in scale and mass with the site, the natural terrain and surrounding residences. The proposed project is consistent with the scale of development in the surrounding RA-S-2 similarly zoned neighborhood. The proposed project entails a re -construction of an unpermitted, substandard 265' long wall along an existing accessway to a stable. A large portion of the wall is 3' in height or less and would not require discretionary approval. Only that portion that is higher than 3' requires a Site Plan Review. The construction is required in order to support a 2:1 slope behind the wall. The construction will not adversely affect or be materially detrimental to the adjacent uses, buildings, or structures because the proposed improvements will be constructed on a portion of the lot which is least intrusive to surrounding properties, has been previously graded and disturbed, and is of Reso. 2015-19 5 Buggy Whip Drive 2 sufficient distance from nearby residences that the proposed project will not impact the view or privacy of neighbors. D. The development plan generally follows natural contours of the site to the maximum extend practicable to accomplish a necessary retaining wall in order to support a 2:1 slope behind the accessway, which is necessary to access a stable and corral area on the lot. E. Natural drainage courses will not be affected by the project. No grading is proposed and therefore existing drainage channels are not anticipated to be impacted. On the contrary, with this approval, a drainage concern from the access way onto the adjacent property to the north will be corrected. The project construction will not be located in a canyon or on existing slopes that exceed 25%. F. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles because no change is proposed to the existing driveway, which is in compliance with applicable requirements. G. The project conforms to the requirements of the California Environmental Quality Act because it is categorically exempt. Section 7. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code permit approval of a Variance from the standards and requirements of the Zoning Ordinance when exceptional or extraordinary circumstances applicable to the property and not applicable to other similar properties in the same zone prevent the owner from making use of a parcel of property to the same extent enjoyed by similar properties in the same vicinity. Section 17.16.150(F) and (G), which list permitted projections and encroachment with walls into setbacks and Section 17.16190(H), which lists conditions for accessory outdoor amenities, do not allow accessory structures or walls above 3' high to be located in any setbacks. A Variance to Section 17.16.120(B) is required because it states that every lot in the RAS-2 zone shall have a side setback of not less than 35 feet from the side property line and Section 17.16.110 requires that every lot in the City shall have a front setback of not less than 50 feet from the road easement line. The applicant is requesting a Variance to encroach with the as built outdoor amenities and portions of a retaining wall into the front and side setbacks. With respect to this request for Variance, the Planning Commission finds as follows: A. There are exceptional circumstances and conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone because the existing residence currently encroaches into the front setback. The outdoor barbeque and kitchen are designed to be in line with the existing encroachment into the front setback created by the residence. The fireplace is built into a hillside that would otherwise present a challenge to development. The retaining wall is required to provide structural support for the slope above. Reso. 2015-19 5 Buggy Whip Drive 3 B. The variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question because many properties in the same vicinity and zone have outdoor amenities such as a fireplace, outdoor kitchen and fireplace. The proposed locations of the outdoor amenities are the least visually intrusive to the property and its neighbors. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the properties or improvements in such vicinity and zone in which the property is located. The proposed development in the side and front setbacks is minimal and up slope from the property line. The area of the barbeque, outdoor kitchen and fireplace would not impair views. The retaining wall along the access to the stable is down slope from the main building pad and is necessary to support the slope above. Further, the residence already provides an encroachment into the front setback and the retaining wall. The side encroachment resulting from the fireplace is very minor and is not visible from the street or other residences. The structural lot coverage and the total impervious lot coverage are within the requirements of the City. Finally, because the approval is conditioned on repairing an existing drainage run-off from a D.G. path onto adjacent property, the project will improve the welfare of neighboring properties. D. In granting of the Variance the spirit and intent of the Zoning Ordinance will be observed in that the proposed development will be orderly, attractive and will not interfere with the rural character of the community. The existing, as built amenities do not encroach into potentially future equestrian uses on the property. A stable and corral exists on the site. E. The Variance request is consistent with the General Plan of the City of Rolling Hills because the structures comply with the General Plan requirement of low profile, low -density residential development with sufficient open space between surrounding structures. The structural lot coverage and the total impervious lot coverage are within the requirements of the City. Although the improvements are located in the setbacks, they are passive uses and minor encroachments that will not significantly reduce open space between surrounding structures. The distance from the front yard encroaching trellis to the closest residence is 80' and from the outdoor kitchen over 100 feet, as measured in a straight line between the structures. Section 8. Based upon the foregoing findings, the Planning Commission hereby approves the Site Plan Review and a Variance in Zoning Case No. 886 to retain the as built accessory outdoor structures and retaining wall subject to the following conditions: A. The Site Plan and Variance approval shall expire within six months from the effective date of approval if building permits are not obtained for the "as built" structures on the lot and final inspection issued for those structures by the Building Reso. 2015-19 5 Buggy Whip Drive 4 and Safety Department. The reconstruction of the wall and repair of the drainage along the accessway to the stable shall also be completed within six months from the effective date of approval. Notwithstanding the foregoing, this approval shall not expire if an extension is obtained and approved pursuant to the requirements of Sections 17.46.080(A) and 17.38.070(A) of the Rolling Hills Municipal Code. B. It is declared and made a condition of the approval that if any conditions thereof are violated, this approval shall be suspended and the privileges granted thereunder shall lapse; provided that the City has given the applicants written notice to cease such violation, the opportunity for a hearing has been provided, and if a hearing has been requested, it 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 Building 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 approval, 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 July 15, 2015, except as otherwise provided in these conditions. E. Drainage plan and retaining wall plans shall be submitted and approved by Building and Safety Engineer to correct the current method of drainage of the access path to the stable, from the street to the limit of the building pad, and beyond to the corral, prior to issuance of building permits for the as built structures and to complete construction of the trellis. All run-off shall be directed away from the adjacent property to the north. Further, by September 15, 2015 or if a rain event is predicted sooner, sand bags shall be placed along the north property line up to the limit of the building pad and 10' beyond along the down slope or as recommended by the City's Building Official. F. There shall be no grading for this project, however, if necessary, fine grading/sculpting of the D.G. accessway may be permitted, subject to the review by City staff and the Building and Safety Department. G. The structural lot coverage shall not exceed 8,452 square feet or 10.9%- with allowed deductions (20% permitted); and the total lot coverage including the structures and paved areas shall not exceed 12,818 square feet or 16.57%, with allowed deductions, (35% permitted). H. The areas of the unpermitted structures have been previously disturbed. Disturbed area of the lot is 55.6% of the net lot area (43,000 sq.ft.), which was previously approved with a Variance. Reso. 2015-19 5 Buggy Whip Drive 5 I. The existing residential building pad (not in setbacks) is 15,984 square feet. The building coverage on this pad is 43% and the proposed coverage will also be 43%, due to the allowance for deduction of the accessory structures. J. During construction, conformance with the air quality management district requirements, stormwater pollution prevention practices, county and local ordinances and engineering practices so that people or property are not exposed to undue vehicle trips, noise, dust, and objectionable odors shall be required. K. During and after construction, all parking shall take place on the project site and, if necessary, any overflow parking may take place within nearby unimproved roadway easements, but not to obstruct neighboring driveways or trails. During construction, to maximum extend feasible, employees of the contractor shall car-pool into the City. L. At all times 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. M. The property owners shall be required to conform to the Regional Water Quality Control Board and County Health Department requirements for the installation and maintenance of stormwater drainage facilities. Further, the property owners shall be required to conform to the Regional Water Quality Control Board and County Public Works Department Best Management Practices (BMP's) related to solid waste. N. The property owners shall be required to conform to the City of Rolling Hills Outdoor Lighting Standards Ordinance. O. If any landscaping is introduced for this project, the trees or shrubs shall be of a type that do not grow higher than the ridge line of the residence and shall be maintained at such height at all times, so as not to impair neighbors' view. The landscaping, if planted, shall include native drought -resistant vegetation and be planted in an offset manner so that not to result in a hedge like screen. If landscaping of 5,000 square foot area or greater is introduced the landscaping shall be subject to the requirements of the City's Water Efficient Landscape Ordinance. P. 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. Reso. 2015-19 5 Buggy Whip Drive 6 • • Further, the person obtaining a building permit for this project shall execute a Certificate of Construction stating that the project will be constructed according to this Resolution and any plans approved therewith. Q. The Rolling Hills Community Association shall approve the as built structures and the location of the proposed drainage devices. R. 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: htto://www.wrh.noaa.ciov/lox/main.php?suite=safety&page=hazard definitions#FI RE. It is the sole responsibility of the property owner and/ or his/her contractor to monitor the red flag warning conditions. Should a red flag warning be declared and if work is to be conducted on the property, the contractor shall have readily available fire distinguisher. S. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills Municipal Code, any modifications or further development on the property or this project, which would constitute additional grading, height or structural development shall require the filing of a new application for approval by the Planning Commission. T. Until the applicants execute an Affidavit of Acceptance of all conditions of this approval, the approvals shall not be effective. U. All conditions of this approval, that apply, shall be complied with prior to the issuance of building permits and shall be printed on the approved plans. PASSED, APPROVED AND ADOPT D H A , OF AUGUST 2015. LF RAD C , IRN ATT,,��ESTT: ' ROI litt HEIDI LUCE, CITY CLERK Reso. 2015-19 5 Buggy Whip Drive 7 • 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. STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) §§ I certify that the foregoing Resolution No. 2015-19 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW TO RECONSTRUCT AN EXISTING RETAINING WALL AND VARIANCE TO ALLOW UNPERMITTED ACCESSORY AMENITIES WHICH ENCROACH INTO THE REQUIRED SETBACKS, INCLDING PARTS OF THE WALL, TO REMAIN ON THE PROPERTY IN ZONING CASE NO. 886, AT 5 BUGGY WHIP DRIVE, (LOT 245-A-MS), ROLLING HILLS, CA. (NGUYEN). was approved and adopted at a regular meeting of the Planning Commission on August 18th, 2015 by the following roll call vote: AYES: Commissioners Cardenas, Gray, Kirkpatrick and Chairman Chelf. NOES: None. ABSENT: Commissioner Smith. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. ita CITY CLERK Reso. 2015-19 5 Buggy Whip Drive 8 • 0 £ttf/ O INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 July 22, 2015 Mr. and Mrs. Daniel Nguyen 5 Buggy Whip Drive Rolling Hills, CA 90274 SUBJECT: ZONING CASE NO. 886 Dear Mr. and Mrs. Nguyen: The Planning Commission voted at their regular meeting on July 21, 2015 to direct staff to prepare a resolution to approve your request for the as built structures and the reconstruction of the wall, in Zoning Case No. 886. The Planning Commission approval includes a requirement that prior to their next meeting, at which they will consider the Resolution, you submit a drainage plan to correct the drainage in two areas along the northerly property line, that any future construction, no matter how small, be reviewed by the Planning Commission and that the project be completed within 6 months of the approval. That means that within 6 months the "as built" structures must be legalized with the Building Department, the wall reconstructed to meet the requirement of the building code standards and the drainage installed. The Planning Commission will review and consider the draft resolution, together with conditions of approval at their meeting on August 18, 2015, and make its final decision on your application at that meeting. Please submit the drainage plan by August 10, 2015. Meanwhile start the process with the RHCA to place the drainage devices in the easement and consult with Jim Guerra of Willdan Engineering regarding the drainage plan. The findings and conditions of approval of the draft resolution together with the staff report will be forwarded to you and your representative prior to the Commission's meeting. The Planning Commission's decision shall become effective thirty days after the adoption of the resolution unless an appeal has been filed or the City Council takes jurisdiction of the case within that thirty (30) day appeal period. (Section 17.54.010 of the Rolling Hills Municipal Code). You or any interested party may appeal Planning Commission decision. Should there be an appeal, the Commission's decision will be stayed until the Council completes its proceedings in accordance with the provisions of the Municipal Code. Printed on Recycled Paper • As stated above, the Planning Commission's action to review and approve the development application by resolution is scheduled for Tuesday, August 18 starting at 6:30 p.m. That action, accompanied by the record of the proceedings before the Commission, is tentatively scheduled to be placed as a report item on the City Council's agenda at the Council's regular meeting on Monday, September 14, 2015. Feel free to call me at (310) 377-1521 if you have any questions regarding this matter. Si Y.)'anta Schwartz, Planning Director cc: Dan Bolton, Bolton Engineering C1ty el /Qo//ing J/I/I INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377-7288 STATUS OF APPLICATION & NOTIFICATION OF MEETING July 1, 2015 Mr. and Mrs. Daniel Nguyen 5 Buggy Whip Drive Rolling Hills, CA 90274 SUBJECT: ZONING CASE NO. 886. Request for a Site Plan Review, and Variances for as built structures. Dear Mr. and Mrs. Nguyen: Pursuant to state law the City's staff has completed a preliminary review of the application noted above and finds that the information submitted is: X Sufficiently complete as of the date indicated above to allow the application to be processed. Please note that the City may require further information in order to clarify, amplify, correct, or otherwise supplement the application. If the City requires such additional information, it is strongly suggested that you supply that information promptly to avoid any delay in the processing of the application. Your application for Zoning Case No. 886 has been set for a public hearing consideration by the Planning Commission at their meeting on Tuesday, July 21 2015 at your property at about 8:20-8:30 am. The Planning Commission will continue the meeting to 6:30 PM in the Council Chambers, Rolling Hills City Hall Administration Building, 2 Portuguese Bend Road, Rolling Hills. You and/or your designated representative must attend all meetings to present your project and to answer questions. The staff report for this project will be available at the City Hall after 3:00 PM on Friday, July 17. We will forward the report to you and your agent by e-mail. Please call me at (310) 377-1521 if you have any questions. Si c ey, Yo = nta Schwartz PI: nning Director cc: Dan Bolton, Bolton Engineering Printed on Recycled Paper • City o/1eo//•n March 25, 2015 Mr. and Mrs. Nguyen 5 Buggy Whip Drive Rolling Hills, CA 90274 • *ft...A& INCORPORATED JANUARY 24, 1957 Subject: Various violations at 5 Buggy Whip Drive Dear Mr. and Mrs. Nguyen; NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377-7288 Thank you for meeting with Jim Guerra, Building Official from Willdan Engineering and me at your property on Tuesday, March 24, 2015; and agreeing to bring the several deficiencies on your property to compliance with the various codes. This is to memorialize and summarize our discussion. 1. The "as built" fire place on the south side of your house encroaches into the side yard setback and the "as built" outdoor kitchen On the north side of the house encroaches into the front setback. Pursuant to the Zoning Ordinance, encroachments are not permitted and pursuant to the Building Code such construction requires building permits. REOUIRED ACTION: Remove or move the structures out of the setbacks. If moved, obtain approval from the City Planning Department and the RHC Association and obtain building permits from the Building and Safety Department. Submit plans showing location and size. You could also submit an application to the City Planning Commission/City Council to request a Variance to keep the structures in setbacks. This process requires public hearings. Please note that issuance of Variances requires that the Planning Commission/City Council make certain findings, which relate to the presence of hardship of the land; such as size, topography, uniqueness from other properties in the vicinity and others (see enclosed required findings). 2. The trellis, which you started constructing, appears to not be located in a setback, which would have to be confirmed, when you submit a plot plan for the work. REOUIRED ACTION: Obtain approval from the City Planning Dept and the RHCA and obtain a building permit. Submit a plot plan showing the location and size of the structure. If any portion of the trellis is located in setback, see #1 above. Primed an Recycled Paper 3. During previous grading work for the stable and access to the stable, dirt was moved onto the property located at 7 Buggy Whip Drive. REQUIRED ACTION: Correct previous grading along the northern property line between 7 and 5 Buggy Whip Drive by removing dirt from 7 Buggy Whip and assuring that drainage is not affected. 4. D. G. access driveway to the stable appears to have been improperly graded and is resulting in ruts and fissures on your property and causes run-off at 7 Buggy Whip Drive. REOUIRED ACTION: Re -study the grading work and correct, so that the dirt does not wash off onto the adjoining property or roadway easement. Grading permit is required for this work. 5. The "as built" wall along the access road to the stable and which wraps around the front of the property is a retaining wall and requires structural integrity verification and a building permit. In addition, pursuant to the zoning code, walls over 3 feet may not be approved administratively (by staff) and require a Site Plan review by the Planning Commission (public hearing process) and walls over 3-feet located in setbacks require a Variance. REOUIRED ACTION: Re -study the necessity of the wall and if you decide to keep it, bring it to compliance. The area of the wall, if removed, could be re -graded together with the access road (above) to correct both items. Any work in the easements would require RHCA review and approval. Per our conversation you consented to hire a civil engineer to provide you with solutions to correct these issues; walk the project through the process and work with staff from submitting the necessary documents and applications to the City and Community Association to obtaining the required permits. Please advise the engineer to call me, so that I may summarize and explain the required actions to bring these issues to compliance and provide guidance through this process Thank you again for your time and for your willingness to bring this matter to closure. Please inform me within two -weeks of this letter of the status of your efforts towards reaching that goal. If you have any questions or require additional information, please do not hesitate to contact me at 310 377-1521 or by email aty*r,..t; ;101,n t,; Siiycer 1y, Yo fT to Schwartz, Plannin Director cc: Jim Guerra, Willdan Engineering CRITERIA FOR VARIANCES City of Rolling Hills Zoning Ordinance: 17.38.050 Required findings. In granting a variance, the Commission (and Council on appeal) must make the following findings: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; D. That in granting the variance, the spirit and intent of this title will be observed; E. That the variance does not grant special privilege to the applicant; F. That 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; and G. That the variance request is consistent with the general plan of the City of Rolling Hills.