925, Addition of 938 sq ft to exist, Resolutions & Approval Conditions•
RESOLUTION NO. 2017-20
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING
HILLS APPROVING A REQUEST FOR A SITE PLAN REVIEW, CONDITIONAL USE
PERMIT, AND VARIANCES FOR CONSTRUCTION OF NEW GARAGE,
RESIDENTIAL CONVERSION/ADDITION, ADDITION TO POOL HOUSE, SPA, NEW
RETAINING WALLS AND TO EXCEED THE MAXIMUM PERMITTED WALL
HEIGHT AVERAGE AND DISTURBANCE OF THE LOT IN ZONING CASE NO. 925
AT 16 PINE TREE LANE (LOT 81-1-RH), (SUNITHA BHARADIA)
THE PLANNING COMMISSION DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:.
Section 1. An application was duly filed by Sunitha Bharadia with respect to real property
located at 16 Pine Tree Lane, Rolling Hills (Lot 81-1-RH) requesting a Site Plan Review, Conditional
Use Permit, and Variances for the constructionof a new 938 square foot garage and a 484 square foot
residential conversion/addition, an addition of 352 square feet to an existing 430 square foot pool house
(782 s.f. total), a spa, retaining walls averaging greater than 2 A feet, and additional disturbance that
exceeds the maximum allowable 40%. Grading for this project will entail a total of 491 cubic yards of
dirt. The existing apron will be closed off and a new driveway and driveway apron will be constructed.
Section 2. A public notice for the proposed project was initially issued on July 7, 2017.
However, the item was not heard and was continued until August 15, 2017. The Planning Commission
conducted duly noticed public hearings held on August 15, 2017 and September 19, 2017. The Planning
Commission viewed the project in the field, opened the hearing to enable brief public testimony and
continued the meeting to the evening meeting of the Planning Commission. At the September 19, 2017
evening meeting, the Planning Commission provided direction to staff to prepare a resolution of
approval for the proposed project with some contingent considerations based on possible new proposal
elements and explanation of grading and slope steepness. On October 7, 2017, an additional variance to
allow for walls averaging above 2 '/z feet in height was duly noticed.
Neighbors within 1,000-foot radius were notified of the public hearings and a notice was published in
the Peninsula News on August 4, 2017. The applicants and their agents were notified of the public
hearings in writing by first class mail and the applicants and agents were in attendance at the hearings, at
which evidence was heard and presented from all person interested in affecting said proposal, and from
members of the City staff.
Section 3. The property is zoned RAS-2 and the lot area is 2.73 gross acres. The net lot area
of the lot is 97,812 square feet or 2.24 acres. The lot is located off of a cul-de-sac and is adjacent to three
vacant properties.
Previously approved improvements on the property include a residence and attached garage, swimming
pool, pool house, and tennis court. The proposed additions will be to some of these existing structures on
the property.
Section 4. The Planning Commission finds that the project is exempt from the California
Environmental Quality Act, (CEQA) pursuant to Class 1, Section 15301 of the CEQA guidelines.
Section 5. Site Plan Review. With respect to the Plans submitted for the development, the
Planning Commission hereby approves the request for Site Plan Review in Zoning Case No. 925 to
build the proposelproject and makes the following findings:
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' A. The proposed development is compatible with the General Plan, the Zoning Ordinance
and surrounding uses because the proposed structures comply with the General Plan requirement of low
profile, low -density residential development with sufficient open space between surrounding structures
and. maintaining sufficient setbacks to provide buffers between residential uses. The net lot area of the
property is 2.24 acres which is within the requirements of the RAS-2 zone. Only one of the proposed
new structures is considered to be in a setback which is a three foot retaining wall which is allowable
under the zoning code.
The project conforms to Zoning Code lot coverage requirements. The net lot area of the property is
97,812 square feet. The structural net lot coverage is proposed at 16.15%, with allowance for permitted
deductions, (20% max. permitted); and the total lot coverage proposed, including the driveway would be
33.64%; (35% max. permitted). The disturbed area of the lot is proposed to be 45.7% which is above the
40% maximum disturbance allowed.
B. The project substantially preserves the natural and undeveloped state of the lot by
minimizing building coverage. The configuration of the lot has been considered, and it was determined
that the proposed development will not adversely affect or be materially detrimental to adjacent uses,
buildings, or structures, because the proposed location of structures on the lot are consistent with
surrounding development, and are of sufficient distance from nearby residences so that it will not impact
the view or privacy of surrounding neighbors, and will allow the owners to enjoy their property without
deleterious infringement on the rights of surrounding property owners.
The project includes the required stable and corral set aside area and access and thereby promotes
equestrian uses, furthering the City's goal to remain an equestrian community.
C. The proposed development, is harmonious in scale and mass with the site, and is
consistent with the scale of the neighborhood when compared to new residences in the vicinity of said
lot. The development plan takes into consideration the visibility from all roadway easements with
several of the proposed improvements being located in one of the least visible portions of the property.
D. Any new landscaping must be compatible with and enhance the rural character of the
community, and the landscaping should provide a buffer or transition area between private and public
areas.
E. The proposed development is sensitive and not detrimental to the convenience and safety
of circulation for pedestrians and vehicles because the new driveway apron has been reviewed by a
traffic engineer and recommended for approval by the Traffic Commission. There is ample parking in
the garage which is increasing the number of spaces and there is parking for guests on site.
Section 6. Conditional Use. Permit. Section 17.16.040 (3) of the Rolling Hills Municipal
Code permits approval of a pool house with a Conditional Use Permit. The proposed 782 square pool
house, after the proposed additions are constructed, complies with all requirements of this section. With
respect to this request for a Conditional Use Permit, the Planning Commission finds as follows:
A. Conditionally permitted uses are not outright permitted by the Rolling Hills Municipal
Code. The Planning Commission must consider applications for a Conditional Use Permit and may, with
such conditions as are deemed necessary, approve a conditional use which will not jeopardize, adversely
affect, endanger or to otherwise constitute a menace to the public health, safety or general welfare or be
materially detrimental to the property of other persons located in the vicinity of such use.
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B. The granting of a Conditional Use Permit for the pool house additions would be
consistent with the purposes and objectives of the Zoning Ordinance and General Plan because the use is
consistent with similar uses in the community, and meets all the applicable code development standards
for such use, and is located in the area of the property that are adequately sized to accommodate such
uses, under the existing pool house roof.
C. 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 pool house addition is located mostly in the middle of a 2.73 acre lot
and the general location is of sufficient distance from nearby residences so as to not impact the view or
privacy of surrounding neighbors.
D. The project is harmonious in scale and mass with the site, the natural terrain, and
surrounding residences because the proposed use complies with the low profile residential development
pattern of the community and will not give the property an over -built look, and areas will remain open
and unobstructed. The lot is 2.24 acres net in size and is sufficiently large to accommodate the proposed
use.
E. The proposed conditional use complies with all applicable development standards of the
zone district and requires Conditional Use Permits pursuant to Section 17.16.040 of the Zoning
Ordinance.
F. 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 7. Variances. Sections 17.38.010 through 17.38.050 of the Code permit approval of a
variance from the standards and requirements of the Zoning Ordinance when, due to exceptional or
extraordinary circumstances applicable to the property and not applicable to other similar properties in
the same zone, strict application of the Code would deny the property owner substantial property rights
enjoyed by other properties in the same vicinityand zone. The applicant seeks variances from the
requirements that the walls being proposed average less than 2 '/2 feet in height and the disturbance is
higher than the permitted 40%. The proposed average wall height is 2.7 feet and the proposed
disturbance is 45.7%. With respect to this request for Variances, the Planning Commission finds as
follows:
A. There are exceptional and extraordinary circumstances and conditions applicable to the
property or to the intended use that do not apply generally to the other property or class of use in the
same zone because the existing lot already exceeds the allowable disturbance at 41.7% and the walls
being proposed allow for 2:1 slopes rather than multiple walls with flat planting areas behind them.
B. The Variance is necessary for the preservation and enjoyment of a substantial property
right possessed by other property in the same vicinity and zone, which would be denied to the property
in question absent a variance, because the site is sloped in nature so in order to provide pads that meet
the development standards, and restore the slopes to 2:1, additional grading is required and it was
necessary to push the limits of grading farther out than if the lot did not have as much slope to it. The
overage, is not significant and the property owner should not be denied the privilege of a new house
addition and amenities because of the attempt to restore one of the original property slopes and thereby
the topographic nature of the lot.
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The exceedance of the disturbance is due in large part to the need for slope restoration. There.
were no concerns voiced by residents during the public hearing and it is believed the proposed plan will
cause the least impact to the area after further consideration of project alternatives.
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. A
minor increase in the overall percentage of disturbed area on the lot will have no effect on the public
welfare or on property or improvements in the vicinity and the walls which exceed 2.5' average in height
are not in any visible part of the property to the street and will not cause any line of sight issues on Pine
Tree Lane due to the existing landscaping on the property that will screen the proposed wall.
D. 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. The minor overage requested will
allow the property owner to enjoy the same rights and privileges afforded to many other properties in the
vicinity and zone.
E. 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.
F. The variance request is consistent with the General Plan. The proposed project, together
with the variance, will be compatible with the ' objectives, policies, . general land uses and programs
specified in the General Plan and will uphold the City's goals to protect and promote construction that is
rural in nature.
Section 8. Based upon the foregoing findings, and the evidence in the record, the Planning
Commission hereby approves Zoning Case No. 925 request for a Site Plan Review, Conditional Use
Permit, and Variances for the construction of a new 938 square foot garage and a 484 square foot
residential conversion/addition, an addition of 352 square feet to an existing 430 square foot pool house
(782 s.f. total), a spa, retaining walls averaging greater than 2 "'/2 feet, and additional disturbance that
exceeds the maximum allowable 40%, subject to the following conditions:
A. The Site Plan, Variances and Conditional Use Permits approvals shall expire within two
years from the effective date of approval as defined in Sections 17.46.080(A), 17.38.070 and 17.42.070
of the Zoning Ordinance unless otherwise extended pursuant to the requirements of these sections.
B. If any condition of this resolution is violated, the entitlement granted by this resolution
shall be suspended and the privileges. granted hereunder shall lapse and upon receipt of written notice
from the City, all construction work being performed on the subject property shall immediately cease,
other thanwork determined by the City Manager or his/her designee required to cure the violation. The
suspension and stop work order will be lifted once the Applicant cures the violation to the satisfaction of
the City Manager or his/her designee. In the event that the Applicant disputes the City Manager or
his/her designee's determination that a violation exists or disputes how the violation must be cured, the
Applicant may request a hearing before the City Council. The hearing shall be scheduled at the next
regular meeting of the City Council for which the agenda has not yet been posted, the Applicant shall be
provided written notice of the hearing.. The stop work order shall remain in effect during the pendency
of the hearing. The City Council shall make a determination as to whether a violation of this Resolution
has occurred. If the Council determines that a violation has not occurred or has been cured by the time
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of the hearing, the Council will lift the suspension and the stop work order. If the Council determines
that a violation has occurred and has not yet been cured, the Council shall provide the Applicant with a
deadline to cure the violation; no construction work shall be performed on the property until and unless
the violation is cured by the deadline, other than work designated by the Council to accomplish the
cure. If the violation is not cured by, the deadline, the Council may either extend the deadline at the
Applicant's request or schedule a hearing for the revocation of the entitlements granted by this
Resolution pursuant to Chapter 17.58 of the Rolling Hills Municipal Code (RHMC).
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 permit, or shown otherwise on an approved plan.
D. The lot shall be developed and maintained in substantial conformance with the site plan
on file dated October 5, 2017, except as otherwise provided in these conditions. The working drawings
submitted to the Department of Building and Safety for plan check review shall conform to the approved
development plan. All conditions of the Site Plan Review, Variances and Conditional Use Permit
approvals shall be incorporated into the building permit working drawings, and where applicable
complied with prior to issuance of a grading or building permit from the building department.
The conditions of approval of this Resolution shall be printed onto building plans submitted to the
Building Department for review and shall be kept on site at all times.
Any modifications and/or changes to the approved project, including resulting from field conditions,
shall be discussed and approved by staff prior to implementing the changes. A modification may require
a public hearing before the Planning Commission if the modification represents a major modification to
the project.
E. Prior to submittal of final working drawings to Building and Safety Department (or the
expediting consultant retained by the City) for issuance of building permits, the plans for the project
shall be submitted to City staff for verification that the final plans are in compliance with the plans
approved by the Planning Commission. A drainage plan, if required by the Building Department, shall
be prepared and approved by City Staff prior to issuance of a construction permit. Such plan shall be
subject to LA County Code requirements.
F. A licensed professional preparing construction plans for this project for Building
Department review shall execute a Certificate affirming that the plans conform in all respects to this
Resolution approving this project and all of the conditions set forth therein and the City's Building Code
and Zoning Ordinance.
Further, the person obtaining a building and/or grading permit for this project shall execute a Certificate
of Construction affirming that the project will be constructed according to this Resolution and any plans
approved therewith.
G. Structural lot coverage of the lot shall not exceed 16.15% of the net lot area, in
conformance with lot coverage limitations, and with the permitted allowances of structural coverage,
(20% maximum).
The total lot coverage proposed, including structures and flatwork, shall not exceed 33.64%, of the net
lot area, excluding deductions, in conformance with lot coverage limitations (35% maximum).
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H. The disturbed area of the lot, including the future stable and corral shall not exceed
45.7%. Grading for this project shall not exceed a total of 491 cubic yards, of which the excavation from
the basement may be exported.
I. The residential building pad is proposed at 12,800 square feet and shall not exceed
coverage of 6,975 square feet or 54.49% with allowed deductions.
J. The finished height of the existing residence ridgeline is to remain at 15.25 feet.
K The highest garage ridgeline height will be 19 feet 3 inches.; the ridge height of the pool
house shall remain the same as the existing. Ridge heights shall be measured from finished grade.
L. The proposed basement shall not exceed 982 square feet and the finished basement
ceiling shall not exceed 10 feet in height and shall meet all requirements of the Los Angeles County
Building Code for basements, including exit doors and provision for light and ventilation.
M. The, property on which the project is located shall maintain an area of minimum of 1,000
square feet to provide an area meeting all standards for a future stable (450 square feet) and corral (550
square feet) with access thereto.
N. The new driveway and driveway apron shall meet the Traffic Commission
recommendations and the existing apron shall be closed off with a curb and old driveway landscaped.
Proposed access to the future stable and to the corral shall remain available for future stable access with
no construction obstructing the proposed pathway.
O. Per Section 17.16.210(A)(2) of the zoning ordinance, only one sanitary facility consisting
of a shower, sink, and a toilet and a kitchenette is permitted in the pool house.
P. A minimum of five-foot walkable path and/or walkway, which does not have to be paved,
shall be provided around the entire perimeter of all of the proposed structures, or as • otherwise required
by the Fire Department.
Q. If additional pool equipment is installed for the spa, or existing equipment is changed out,
then it shall be screened; if by. a solid wall, the wall shall not exceed 5 feet in height at any point from
finished grade. Sound attenuating equipment shall be installed to dampen the sound. The swimming pool
and spa shall utilize the most quiet and technologically advanced equipment to dampen the sound.
Landscaping shall be utilized to screen the wall, so that it is not visible from the neighbor's property.
Per LA County Building Code, pool and spa barrier/fencing shall be required.
R. If a dissipater is required, it shall be screened with landscaping, in 'a manner as to not
impede the flow of the run-off.
S. 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 and material
requirements of properties in the Very High Fire Hazard Severity Zone, and all other ordinances and
laws of the City of Rolling Hills and the LA County Building Code.
T. All utility lines, to the residence and pool house shall be placed underground, subject to
all applicable standards and requirements. .
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U. Hydrology, soils, geology and other reports, as required by the LA County Building and
Public Works Departments, and as may be required by the Building Official, shall be prepared.
V. The graded slope areas shall be landscaped, and continually maintained in substantial
conformance with the landscaping plan to be approved by City staff.
Prior to issuance of a final construction or grading approval of the project, all graded slopes shall be
landscaped.
Prior to issuance of building permit, a detailed landscaping plan shall be submitted to the City in
conformance with Fire Department Fuel Modification requirements and requirements for graded slopes.
The detailed landscaping plan shall provide that any trees and shrubs used in the landscaping scheme for
this project shall be planted in a way that screens the project development from adjacent streets and
neighbors, such that shrubs and trees as they grow do not grow into a hedge or impede any neighbors
significant views and the plan shall provide that all landscaping be maintained at a height no higher than
the roof line of the highest structure on the property. The landscaping plan shall utilize to the maximum
extent feasible, plants that are native to the area, are water -wise and are consistent with the rural
character of the community.
The landscaping shall be subject to the requirements of the City's Water Efficient Landscape Ordinance,
(Chapter 13.18 of the RHMC).
W. Pursuant to Chapter 8.30 of the RHMC the property shall at all times be maintained free
of dead trees and vegetation.
X. The setback lines and roadway easement lines in the vicinity of the construction for this
project shall remain staked throughout the construction. During construction a construction fence may
be required to be installed.
Y. Perimeter easements, including roadway easements and trails, if any, shall remain free
and clear of any improvements including, but not be limited to fences -including construction fences, any
hardscape, driveways, landscaping, irrigation and drainage devices, except as otherwise approved by the
Rolling Hills Community Association.
In addition, any construction facility, such as a construction trailer/office or portable toilets, to a
maximum extent practicable, shall be located in a manner not visible from the street, and be in a location
satisfactory to City staff.
Z. Minimum of 65% of any construction materials must be recycled or diverted from
landfills. The hauler of the materials shall obtain City's Construction and Demolition permits for waste
hauling prior to start of work and provide proper documentation to the City.
AA. During construction, conformance with the air quality management district requirements,
storm water pollution prevention practices, county and local ordinances and engineering practices shall
be required, so that people or property are not exposed to undue vehicle trips, noise, dust, and
objectionable odors.
AB. Construction vehicles or equipment, employees vehicles, delivery trucks shall not impede
any traffic lanes to the maximum extend practical; and if necessary to block traffic in order to aid in the
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construction, no more than a single lane may be blocked for a short period of time and flagmen utilized
on both sides of the impeded area to direct traffic.
AC. During construction, all parking shall take place on the projectsite, and, if necessary, any
overflow parking may take place within the unimproved roadway easement along and cul-de-sac of Pine
Tree Lane, and shall not obstruct neighboring driveways or pedestrian and equestrian passage. During
construction, to the maximum extent feasible, employees of the contractor shall car-pool into the City. A
minimum of 4' wide path, from the edge. of the roadway pavement, for pedestrian and equestrian
passage shall be available and clear at all times.
AD. 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.
AE. 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.aov/lox/main.nho?suite=safety&page=hazard definitions#FIRE.
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 extinguisher.
AF. 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, septic tank construction and maintenance in conformance with the
County Health Department, storm water drainage facilities management, and to the City's Low Impact
'development Ordinance (LID, if applicable).
AG.. Prior to finaling of the project an "as graded" and "as constructed" plans and.
certifications, including certifications of ridgelines of the structures, shall be provided to the Planning
Department and the Building Department to ascertain that the competed project is in compliance with
the approved plans. In addition, any modification made to the project during construction, shall be
depicted/listed on the "as built/as graded" plan.
AH. The applicant shallexecute an Affidavit of Acceptance of all conditions of this permit
pursuant to Zoning Ordinance, or the approval shall not be effective. The affidavit shall be recorded
together with the resolution.
AI. Prior to demolition of the existing structures, an investigation shall be conducted for the
presence of hazardous chemicals, lead -based paints or products, mercury and asbestos -containing
materials (ACMs). If hazardous chemicals, lead -based paints or products, mercury or ACMs are
identified, remediation shall be undertaken in compliance with California environmental regulations and
policies.
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PASSED, APPROVED AND ADOPTED THIS.17th DAY OF O. TOBER 2017.
CHEL`F, CHAIRMAN
ATTEST:
YVTTE HALL, INTERIM CITY CLERK
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.
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•
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
) §§
I certify that the foregoing Resolution No. 2017-20 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING
HILLS APPROVING A REQUEST FOR A SITE PLAN REVIEW, CONDITIONAL USE
PERMIT, AND VARIANCES FOR CONSTRUCTION OF NEW GARAGE,
RESIDENTIAL CONVERSION/ADDITION, ADDITION TO POOL HOUSE, SPA, NEW
RETAINING WALLS AND TO EXCEED THE MAXIMUM PERMITTED WALL
HEIGHT AVERAGE AND DISTURBANCE OF THE LOT IN ZONING CASE NO. 925
AT 16 PINE TREE LANE (LOT 81-1-RH), (SUNITHA BHARADIA).
was approved and adopted at a regular meeting of the Planning Commission on October 17, 2017, by the
following roll call vote:
AYES: Commissioners Cardenas, Cooley, Seaburn and Chair Chelf.
NOES: None.
ABSENT: Commissioner Kirkpatrick.
ABSTAIN: None. -
and in compliance with the laws of California was posted at the following:
Administrative Offices.
YVETTE HALL, INTERIM CITY CLERK
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