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902, Construct 800 sq. ft. Guest ho, Resolutions & Approval ConditionsRESOLUTION NO. 2016-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW RESIDENCE WITH BASEMENT, GARAGES, COVERED PORCHES, SWIMMING POOL WITH A SPA, RETAINING WALLS AND NEW DRIVEWAY; AND REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT A GUEST HOUSE AND STABLE WITH LOFT AND CORRAL IN ZONING CASE NO. 902 AT 23 CREST ROAD EAST, (LOT 132A-MS), (HYNES). THE PLANNING COMMISSION DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application was duly filed by Mr. and Mrs. James Hynes to request a Site Plan Review for the construction of a new 11,100 square foot residence and 11,100 square foot basement, two attached garages totaling 1,540 square feet, 2,654 square feet of covered porches including for the stable (264 sq.ft.) and guest house (105 sq.ft.), a new pool and spa totaling 864 square feet with a 50 square foot pool equipment area, a 96 square foot service yard, a 270 square foot outdoor kitchen, a 400 square foot trellis near the 800 square foot guesthouse, a two-story stable with 1,300 square foot on the first level and a 792 square foot loft, a new driveway and turnaround access. Grading will entail a total of 51,625 cubic yards of dirt (12,455 c.y. cut and 11,670 c.y. fill; and 13,750 c.y. over -excavation and 13,750 c.y. recompaction) with 785 cubic yards to be exported. Section 2. The Planning Commission conducted duly noticed public hearings to consider the application at their regular meeting on April 19, 2016, May 17, 2016, June 21, 2016 and July 19, 2016 and in the field on May 17, 2016 and July 19, 2016. Neighbors within 1,000-foot radius were notified of the public hearings and a notice was published in the Peninsula News on April 7, 2016 and June 9, 2016. 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. Evidence was heard and presented from all persons interested in affecting said proposal, and from members of the City staff. Section 3. During the proceedings the Planning Commission and several neighbors expressed concerns regarding drainage and water run-off from the proposed project and its impact on the downhill properties, the length and massing of the residence, the long driveway, the grading required for the project, the fill required for the tennis court on a lower level of the lot and the impact and aesthetics of the overall development on Crest Road East properties. The applicants revised the project and decreased the size of the residence and length of the development by attaching the two garages to the residence, reduced the driveway and moved a portion of the driveway out of the front setback, removed all variances previously requested and construction of a tennis court, reduced limits of grading, Reso. 2016-20 23 Crest Rd. E. 1 eliminated all slope fill on the lower pad and made other reductions to several small amenities. Section 4. The property is zoned RAS-2 and the gross lot area is 7.05 acres. The net lot area for development purposes is 6.02 acres or 262,368 square feet. The existing property is currently vacant. A natural drainage course is located along the western portion of the lot and a blue line stream, which is a part of the Klondike Canyon System, is located approximately 200 feet south of the southern property line of the lot. The lot is also located in proximity to the Geotechnical Hazardous area of the City, known as the Flying Triangle. A geotechnical and geological report prepared for the lot states that the crown of a landslide (Flying Triangle) is about 230 feet west of the southwestern portion of the lot. Section 5. The Planning Commission finds that the project is exempt from the California Environmental Quality Act, (CEQA) pursuant to Section 15303 (new construction of single family residence and accessory structures), and Section 15061(b)(3) (common sense exemption) of the CEQA guidelines. Section 6. Section 17.46.030 requires a development plan to be submitted for Site Plan Review and approval before any grading requiring a grading permit or any new building or structure may be constructed or any expansion, addition, alteration or repair to existing buildings may be made which involve changes to grading or an increase to the size of the building or structure by not more than 999 square feet in any thirty-six (36) month period. The grading for the development and the new structures require Site Plan Review. The pool/spa requires a Site Plan Review due to the grading and the size (over 800 sq.ft. surface water area), and the dissipater retaining wall require a Site Plan Review due to its height of 5'. With respect to the Site Plan for the development the Planning Commission makes the following findings of fact: A. The proposed development is compatible with the General Plan, the Zoning Ordinance and surrounding uses because the proposed structures comply with the General Plan requirement of low profile, low -density residential development with sufficient open space between surrounding structures and maintaining sufficient setbacks to provide buffers between residential uses. The net lot area of the lot is over 6 acres and the lot is adjacent to other large lots along Crest Road East, where most of the development will take place. The stable and corral promote the rural, equestrian character of Rolling Hills. None of the structures are in setbacks. The project conforms to Zoning Code lot coverage requirements, including lot disturbance. The net lot area of the lot is 262,368 square feet. The structural net lot coverage is proposed at 18,554 square feet or 7.1 %, which includes all of the structures, with allowance for permitted deductions, (20% max. permitted); and the total lot coverage proposed, including the driveway would be 36,684 square feet or 14.0%, (35% max. permitted). The disturbed area of the lot is proposed to be 38.5%. Reso. 2016-20 23 Crest Rd. E. 2 B. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. The topography and the configuration of the lot have 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 project will be constructed partially on the existing undulated (not steep) area of the lot, will be the least intrusive to surrounding properties, will be screened and landscaped with trees and shrubs, is of sufficient distance from nearby residences so that it will not impact the view or privacy of surrounding neighbors, and will allow the owners to enjoy their property without deleterious infringement on the rights of surrounding property owners. The proposed project would be located on a gentler slope of the property and leaving the steeper and more densely vegetated areas in their natural state to the south, along with the natural drainage course. The project promotes equestrian uses, therefore furthering the City's goal to remain an equestrian community. C. The proposed development, as conditioned, is harmonious in scale and mass with the site, and is consistent with the scale of the neighborhood when compared to new residences in the vicinity of said lot. The development plan takes into consideration the views from Crest Road East and the development will be sunk and moved back from Crest Road East, so that views from the road will not be blocked. The residence is proposed on the shallowest sloped area with a basement being added to increase the residence size while reducing the footprint. The slopes being created have been rounded and it was attempted to mimic the existing slope in the area. Significant portions of the lot will be left undeveloped. The project will be screened from the road and all neighbors. During the review process, at suggestions from the Planning Commission and addressing the neighbors' concerns, the applicant scaled down the grading areas and the project in general to retain as much of the natural terrain as possible and not greatly affect the lower building pad. D. The development plan will introduce additional landscaping, which is compatible with and enhances the rural character of the community, and the landscaping will provide a buffer or transition area between private and public areas. There will be some clearing of existing landscaping due to overgrowth and improper maintenance that has become a fire hazard. E. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles because the new 20' driveway will be safe to drive on as two cars can safely pass one another. There is ample parking in the garages and there is a proposed parking pad at the front of the house, outside of all setbacks, so all visitor parking will be contained on site. An adequate driveway is proposed to safely accommodate horse trailers to the stable and corral area. Reso. 2016-20 23 Crest Rd. E. 3 F. The project is exempt from the requirements of the California Environmental Quality Act. Section 7. Sections 17.18.060 and 17.18.090 of the Rolling Hills Municipal Code permit approval of a stable over 200 square feet and corral over 550 square feet with a Conditional Use Permit. The proposed 1,300 square foot stable with 792 square foot loft and corral comply with all requirements of these sections. An 800 square foot guesthouse is proposed. Section 17.16.210 (A)(5) of the Zoning Ordinance contains conditions for a guesthouse, subject to approval of a conditional use permit. All of the detached structures comply with the provisions and conditions for such structures. With respect to this request for Conditional Use Permits, the Planning Commission finds as follows: A. Conditionally permitted uses are not outright permitted by the Rolling Hills Municipal Code. The 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. B. The granting of a Conditional Use Permit for the stable, corral and guest house would be consistent with the purposes and objectives of the Zoning Ordinance and General Plan because the uses are consistent with similar uses in the community, and meet all the applicable code development standards for such uses and they are located in areas on the property that are adequately sized to accommodate such uses. The proposed uses are appropriately located in that they will be sufficiently separated from nearby structures used for habitation or containing sleeping quarters. The stable/corral would be constructed in furtherance of the General Plan goal of promoting and encouraging equestrian uses. The proposed guesthouse is a common amenity to Rolling Hills. 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 uses (stable/corral, and guest house) are located in the middle of a 6.0 acre lot and their general location is of sufficient distance from nearby residences so as to not impact the view or privacy of surrounding neighbors. The proposed stable is to be located adjacent to the corral and a path designated for equestrian uses that runs from the stable to the road above is separate from the other outdoor living areas on the property and will be comprised of decomposed granite. D. The project is harmonious in scale and mass with the site, the natural terrain, and surrounding residences because the proposed uses comply 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 6.0 acres net in size and is sufficiently large to accommodate the proposed uses. Reso. 2016-20 23 Crest Rd. E. 4 The stable will be compatible with the uses in the surrounding area because Rolling Hills is an equestrian community and stables are encouraged. The stable will look like a stable and with the corral will promote open space on the pad. The guest house will be compatible with the uses in the surrounding area because it will have the same architectural design as the house and is in the rear yard and is an amenity other residences in Rolling Hills enjoy. E. The proposed conditional uses comply with all applicable development standards of the zone district and requires Conditional Use Permits pursuant to Sections 17.18.060,17.18.090, and 17.16.210(A)(5) of the Zoning Ordinance. F. The proposed conditional uses are 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 8. Based upon the foregoing findings, the Planning Commission hereby approves Zoning Case No. 901 request for a Site Plan Review for the construction of a new 11,100 square foot residence and 11,100 square foot basement, two attached garages totaling 1,540 square feet, 2,654 square feet of covered porches including for the stable (264 sq.ft.) and guest house (105 sq.ft.), a new pool and spa totaling 864 square feet with a 50 square foot pool equipment area, a 96 square foot service yard, a 270 square foot outdoor kitchen, a 400 square foot trellis near the 800 square foot guesthouse, a two- story stable with 1,300 square foot on the first level and a 792 square foot loft, a new driveway and turnaround access and access to the stable. Grading will entail a total of 51,625 cubic yards of dirt (12,455 c.y. cut and 11,670 c.y. fill; and 13,750 c.y. over - excavation and 13,750 c.y. recompaction) with 785 cubic yards to be exported, subject to the following conditions: A. The Site Plan and Conditional Use Permits approvals shall expire within two years from the effective date of approval as defined in Sections 17.46.080, 17.42.070, and 17.38.070 unless otherwise extended pursuant to the requirements of these sections. B. It is declared and made a condition of this approval that if any conditions thereof are violated, this approval shall be suspended and the privileges granted thereunder shall 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. 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. Reso. 2016-20 23 Crest Rd. E. 5 D. The lot shall be developed and maintained in substantial conformance with the site plan on file dated July 11, 2016 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 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. E. The Plans shall be submitted to the LA County Building and Safety Department for review, issuance of permits and inspections. Prior to submittal of final working drawings to Building and Safety Department for issuance of building permits, the plans for the project shall be submitted to City staff for verification that the final plans are in compliance with the plans approved by the Planning Commission. F. 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 stating 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 19,074 square feet or 7.3% of the net lot area, in conformance with lot coverage limitations, and with the permitted allowances 7.1% coverage, (20% maximum). The total lot coverage proposed, including structures and flatwork, shall not exceed 36,684 square feet or 14.0%, of the net lot area, with allowable deductions, in conformance with lot coverage limitations (35% maximum). H. The disturbed area of the lot, including the approved stable and corral shall not exceed 38.5%; over 101,090 square feet surface area. Grading for this project shall not exceed 12,455 cubic yards of cut and 11,670 cubic yards of fill, 13,750 cubic yards of over - excavation, and 13,750 cubic yards of recompaction with 785 cubic yards exported. I. The residential building pad is proposed at 47,325 square feet and shall not exceed coverage of 15,405 square feet or 32.5% with allowed deductions. The stable pad is proposed at 11,100 square feet and shall not exceed 2,389 square feet of coverage or 21.5%. Reso. 2016-20 23 Crest Rd. E. 6 J. A new driveway shall be provided per the Fire Department requirements and the apron of the driveway shall be roughened and the first 20 feet of the driveway shall not exceed 7% in slope. K. Access to the stable and to the corral shall be decomposed granite or like 100% pervious roughened material. L. Per Section 17.16.210(A)(5)(c) of the zoning ordinance, only one sanitary facility consisting of a shower, sink, and a toilet and a kitchenette is permitted in the guesthouse; there shall be no parking area within 50-feet of the guest house; no renting of the guest house is permitted. M. A minimum of five-foot level 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. N. At any time there are horses on the property, Best Management Practices (BMPs) shall be applied for manure control, including but not be limited to removal of the manure on a daily basis or provision of a receptacle with a tight closing lid that is constructed of brick, stone, concrete, metal or wood lined with metal or other sound material and that is safeguarded against access by flies. The contents of said receptacles shall be removed once a week. It is prohibited to dispose of manure or any animal waste into the Municipal Separate Storm Sewer System (MS4), into natural drainage course or spread on the property. O. The pool equipment area shall be enclosed and screened with landscaping. Per LA County Building Code, pool barrier/fencing shall be required. P. 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. Q. All utility lines to the residence, guesthouse, and stable shall be placed underground, subject to all applicable standards and requirements. R. 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. S. Prior to issuance of a final construction approval of the project, all graded slopes shall be landscaped. Prior to issuance of building permit, a landscaping plan shall be submitted to the City in conformance with Fire Department Fuel Modification requirements and graded slopes. The landscaping shall not form a hedge like screen but be offset. The height of any new trees and shrubs to be planted in conjunction with this project shall not at any time exceed the ridgeline of the roof of the structures, which they Reso. 2016-20 23 Crest Rd. E. 7 are screening. In order to preserve the sightline of the view from Crest Road, the height of any landscaping planted on the property along the Crest Road roadway easement shall be maintained so as not to exceed three (3) feet from the road elevation. 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). T. The dissipaters and pool equipment area shall be screened with landscaping. Sound attenuating equipment shall be installed to dampen the sound from the pool equipment area and the pool pump. The project shall utilize the most quiet and technologically advanced equipment to dampen the sound. U. The setback lines and roadway easement lines in the vicinity of the construction for this project shall remain staked throughout the construction. A construction fence may be required. V. 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. W. 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 permits for waste hauling prior to start of work and provide proper documentation to the City. X. 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. Y. During construction, all parking shall take place on the project site, on the new driveway and, if necessary, any overflow parking shall take place within the unimproved roadway easement on the south side of Crest Road East adjacent to project site only, 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. Z. 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. Reso. 2016-20 23 Crest Rd. E. 8 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: http://www.wrh.noaa.gov/lox/main.php?suite=safety&pag e=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 distinguisher. AB. 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, cisterns, and storm water drainage facilities management and to the City's Low Impact development Ordinance (LID). Further the property owners shall be required to conform to the County Health Department requirements for a septic system. AC. Prior to finaling of the project an "as graded" and an "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 completed project is in compliance with the approved plans. In addition, any modifications made to the project during construction, shall be depicted on the "as built/as graded" plan. AD. 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. The affidavit shall be recorded together with the resolution. PASSED,,;! J' AN 1' ADQPThD THIS 16th DAY OF AUGUST 2016. ELF, ATTEST: a� HEIDI LUCE, 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. Reso. 2016-20 23 Crest Rd. E. 9 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS I certify that the foregoing Resolution No. 2016-20 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 A NEW RESIDENCE WITH BASEMENT, GARAGES, COVERED PORCHES, SWIMMING POOL WITH A SPA, RETAINING WALLS AND NEW DRIVEWAY; AND REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT A GUEST HOUSE AND STABLE WITH LOFT AND CORRAL IN ZONING CASE NO. 902 AT 23 CREST ROAD EAST, (LOT 132A-MS), (HYNES). was approved and adopted at regular meeting of the Planning Commission on August 16, 2016 by the following roll call vote: AYES: Commissioners Cardenas, Gray, Kirkpatrick and Chairman Chelf. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices HEIDI LUCE, CITY CLERK Reso. 2016-20 23 Crest Rd. E. 10 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 I.?I)s..;(wient f8t+mJer, 144 7161 11111' i!` 1(11111�� 1.1 '!11 Ii111'!�! 1' ,, I3Wicit nber:13695536 11e,l�Ilir'A',h11!'i1a 1% 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. 902 (SEE EXHIBIT A -ATTACHED) XX SITE PLAN REVIEW XX CONDITIONAL USE PERMIT I (We) the undersigned state I am (We are) the owner(s) of the real property described as follows: 23 CREST ROAD EAST, ROLLING HILLS, CA 90274 (LOT 132A-MS) This property is the subject of the above numbered case and conditions of approval I am (W aware of, and accept, all the stated conditions in said ZONING CASE NO. 902 XX SITE PLAN REVIEW XX CONDITIONAL USE PERMIT 1, (We) certify (or declare) under the penalty of perjury that the foregoing is true and correct. Signature James Patrick Hynes Name typed or printed 20252 Bancroft Circle Address Huntington Beach CA 92646 City/State Signature Name typed or printed Address City/State ACKNOWLEDGMENT 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 California County of Orange On P-kw ,t r I� j2017 before me, Chelsea Russell, Notary Public personally appeared` CKVY e% ' o C \--AN n -e who proved to me on the basis of satisfactory evidence to be the person,(,' whose names is/91-6 subscribed to the within instrument and acknowledged to me that he/s/h4/tpe9 executed the same in his/h'r/their authorized capacity, and that by his/ /th r signature() on the instrument the person), or the entity upon behalf of which the person 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 (Seal) •'::. CHELSEA RUSSELL mi COMM...2207222 5 NOTARY PUOUGCAUFON A -4 f _ �yTORANGECOUNTY ' Ill