854, Modfication of existing drivew, Resolutions & Approval ConditionsRESOLUTION NO. 2015-18
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW TO
MODIFY A PREVIOUSLY APPROVED DRIVEWAY, WHICH REQUIRES
GRADING, TO RELOCATE PREVIOUSLY APPROVED WALLS ALONG A
RIDING RING AND TO CONSTRUCT A NOT TO EXCEED 5' HIGH
RETAINING WALL ALONG A PORTION OF THE DRIVEWAY; AND A
VARIANCE TO EXCEED THE MAXIMUM PERMITTED DISTURBANCE OF
THE LOT IN ZONING CASE NO. 887 AT 29 CREST ROAD EAST, (LOT 133-A-
MS), (STEVENS).
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. and Mrs. Brent Stevens with
respect to real property located at 29 Crest Road East, Rolling Hills (Lot 133-A-MS)
requesting a modification to a previously approved project to shift the driveway and
riding arena planter retaining walls about 25-feet to the east so as to be entirely out of the
25-foot RHCA easement along the westerly property line. Additionally, riding arena
would be reduced by 1,540 square feet to allow for the relocation of the driveway; the
grading quantity would increase by 881 cubic yards of cut and fill total; a not to exceed
5' high retaining wall would be constructed along a 10'loortion of the driveway and
'fie' disturbed area would increase by a 0.22%, (from 39.8% disturbance to 40.02%
disturbance), which requires a Variance. As previously approved, and variance granted,
both sets of the stepped retaining walls along the riding arena would be located in
setbacks, (one in side setback and one in front setback). With this proposal to move the
walls easterly, only one set of the stepped retaining walls would be located in the front
setback and the other would be removed out of the side setback altogether.
Section 2. In June 2014 the Planning Commission by Resolution No. 2014-11
approved several detached accessory structures, swimming pool and grading on the lot,
including retaining walls and widening of the existing driveway. With the widening of
the driveway, the then existing 11,600 square foot riding arena was to be reduced by
1,640 square feet and the up to 9' high retaining walls along the arena were to be
redesigned and moved to accommodate the widened driveway.
Section 3. A portion of the existing and previously approved driveway is
located in the RHCA easement on subject property. The RHCA required a license
agreement to allow the applicant to keep the driveway in its current location and to widen
it within the easement to meet the 20' width requirement for driveways. Due to certain
complications and circumstances, the RHCA has not granted a license agreement to the
applicant to retain a portion of the driveway in the easement. Therefore, the applicants
wish to move the entire portion of the driveway currently located in the RHCA out of the
easement. This requires a revised driveway approach, further reduction of the riding
ZC No. 887 1
arena by 1,540 square feet and relocation of the previously approved "stepped' walls to
coincide with the westerly perimeter of the arena, grading for the new driveway,
construction of a wall along the driveway, of which a portion would be 5' high and slight
increase in the disturbance of the lot.
The Traffic Commission reviewed the proposed driveway approach and recommended
approval from traffic safety and visibility standpoint.
Section 4. The Planning Commission conducted duly noticed public hearings
on July 21, 2015 including in the field on July 21, 2015. The applicants were notified of
the public hearings in writing by first class mail. Evidence was heard and presented
from all persons interested in affecting said proposal and from members of the City staff
and the Planning Commission having reviewed, analyzed and studied said proposal.
The applicants' representative was in attendance at the hearings. Several neighbors were
present at the field visit hearing, but none expressed objection to the project.
Section 5. The lot is 6.57-acres in size in the RAS-2 zoning district, located on the
south side of Crest Road East. The net lot area for development purposes is 5.99 acres or
260,992 square feet.
Section 6. The Planning Commission finds that the project is exempt from the
California Environmental Quality Act (CEQA) as a minor land alteration Class 4
Categorical Exemption pursuant to section 15304 of the CEQA Guidelines.
Section 7. Site Plan Review. Section 17.46.030 of the Zoning Ordinance requires
a development plan to be submitted for Site Plan Review and approval before any grading
may be allowed or any building, structure, or wall exceeding 3' may be constructed.
Additional 881 cubic yards total cut and fill of grading is required for the proposed
driveway, including for the previously approved but to be relocated stepped walls and the
construction of a 5' high retaining wall for a distance of 10' in length along the driveway.
With respect to the Site Plan Review application the Planning Commission makes the
following findings of fact:
A. The proposed development is consistent with the General Plan and surrounding
uses because the proposed project complies with the requirement of low profile, low -
density residential development with sufficient open space between surrounding
structures. This project is a modification to a previously approved project and it does not
change the scope of work, just relocates certain features. The grading required for the
improvement is minor compared to the overall size of the lot and will blended with the
natural terrain. The cut and fill will not exceed 2 to 5 feet maximum and will be balanced
on -site. The average height of the new retaining wall will not exceed 2.5 feet and the
visual impact of this new wall and the previously approved stepped walls will be
minimized by means of terracing and screening with extensive new landscaping.
ZC No. 887 2
B. The development plan will not appear out of scale due to the relatively large size of
the lot. Furthermore, the project is a mirror proposal that was previously approved,
except that additional no to exceed 5' retaining wall along a 10-foot length of the driveway
would be constructed to allow the Fire Dept. access to lower portion of the lot Significant
portions of the lot, such as the large garden and landscaped slope area between the pool
and existing home will be preserved and re -landscaped to maintain open space on the
property. The nature, condition, and development of adjacent uses, buildings, and
structures and the topography of the lot have been considered. The construction will not
adversely affect or be materially detrimental to the adjacent uses, buildings, or structures
because the proposed improvements will be constructed further away from the neighbor's
property than previously approved and will be least intrusive to surrounding properties
and is of sufficient distance from nearby residences so that the proposed project will not
impact the view or privacy of surrounding neighbors.
C. The proposed development, as conditioned, is harmonious in the scale and mass
with the existing development as well as natural terrain, of the subject site. The proposed
project is also consistent and compatible with the scale of the surrounding neighborhood,
which consists of large sized properties that are similarly zoned.
D. The grading plan follows natural contours of the site to the maximum extent
practicable to accomplish groomed and usable driveway. Natural drainage courses will
not be affected by the project. Drainage devices will be installed to aid in the drainage of
the slope and protect the residents downstream and the Canyon below from runoff from
the driveway above.
E. The project preserves much of the exiting vegetation and trees. The development
plan will introduce drought -tolerant 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. A preliminary landscaping plan has been
filed with the City. The impervious surface of the previously approved (existing
driveway) will be removed and changed out to pervious surface approved by the RHCA,
providing for a more natural appearance of that portion of the lot.
F. The proposed development is sensitive and not detrimental to the convenience and
safety of circulation for pedestrians and vehicles because the proposed development will
comply with City's and Fire Department requirements for access.
Section 8. Variance. 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.
ZC No. 887 3
Variance is requested from Section 17.16.070 due to exceedance in the disturbed area of the
lot by 0.02%, with maximum disturbance allowed of 40%. With respect to the above
request for a Variance, the Planning Commission finds as follows:
A. There are exceptional and extraordinary circumstances and conditions applicable to
this property that do not apply generally to the other properties in the same zone. The
property is unique in that it is long and narrow, where the original grading and
construction created several terraced areas from the front to rear of the lot, with the main
residence constructed towards the rear of the lot. In order to construct the driveway and
to improve access to the residence, which is located 400' from the front of the property,
additional area of 575 square feet must be disturbed causing an exceedance of 0.02% above
the 40.0% maximum disturbance allowed. An appurtenant retaining wall and minor
grading are necessary due to moderately sloped topography and the distance between the
front of the property and the residence.
B. The variance is necessary for the preservation and enjoyment of a substantial
property right possessed by other properties in the same vicinity and zone, but which
would be denied to the property in question absent a variance. The applicant is required
by the Fire Department to provide a 20' wide driveway to the residence and the accessory
structures located in front of the residence on the lot. The applicant would no be able to
provide said access without having to disturbed additional 575 square foot area, which is
minimal given the size of the lot. The overage in disturbance of 0.02% is not significant
and the property owner cannot be denied a safe access to his residence simply because the
nature of the lot and location of the residence makes it infeasible to comply strictly with
Section 17.16.070.
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.
D. In granting the variance, the spirit and intent of the Zoning Ordinance will be
observed. The purpose of the Zoning Ordinance is to regulate development in an orderly
fashion and in a manner consistent with the goals and policies of the General Plan.
Approval of the variance will not impede any goals of the Zoning Ordinance or the
General Plan. Rather, the variance will allow the property owner to enjoy the same rights
and privileges afforded to other property owners in the vicinity. The overage requested is
not substantial and does not undermine the spirit or intent of the Zoning Ordinance.
E. The variance does not grant special privileges to the applicant. To the contrary,
absent a variance, the property owner would be deprived of the same rights and
privileges afforded to other property owners in the vicinity, especially due to the location
of the existing residence where the applicants are trying to comply with the City's and Fire
ZC No. 887 4
Department requirement for a driveway. Unique circumstances applicable to the subject
property make it infeasible for the property owner to comply with Section 17.16.070.
Section 9. Based upon the foregoing findings in Sections, 7 and 8, the Planning
Commission hereby approves the Site Plan Review and Variance application in Zoning
Case No. 887 subject to the following conditions:
A. Except as herein amended, the provisions and conditions of Resolution
No. 2014-11 dated June 17, 2014 in Zoning Case No. 854 shall continue to be in full force
and effect.
B. The conditions of approval specified herein shall be printed on all
construction plans and shall be available at the construction site at all times.
C. The Site Plan Review and Variance approvals shall expire within two
years from the effective date of approval if construction pursuant to this approval has
not commenced within that time period, as required by Sections 17.46.080(A),
17.42.070(A) and 17.38.070(A) of the Rolling Hills Municipal Code, or the approval
granted is otherwise extended pursuant to the requirements of those sections.
D. It is declared and made a condition of the approval, that if any conditions
thereof are violated, this approval shall be suspended and the privileges granted
hereunder shall lapse; provided that the applicants have 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.
E. The lot shall be developed and maintained in substantial conformance
with the site plan on file dated June 22, 2015. Prior to submittal of final working
drawings to the Building and Safety Department for issuance of grading and/or
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. 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.
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.
ZC No. 887 5
G. This project, including the driveway, pilaster or gates and landscaping
and including any work in the easements shall be reviewed and approved by the
RHCA.
H. The existing impervious driveway shall be removed and the area changed
out to a pervious surface acceptable to the RHCA. The existing apron shall be closed off
and a curb constructed to match the curb of other properties along Crest Road East.
I. The total lot coverage of structures and paved areas shall not exceed
38,795 square feet, including the driveway, or 14.86% in conformance with the zoning
ordinance.
J. Grading shall not exceed 2,062 cubic yards of cut and fill to be balanced on
site. (Previously approved 1,428 c.y. total). The disturbance of the net lot shall not
exceed 104,480 square feet of surface area or 40.02% (previously approved at 39.8%).
PASSED, APPROVED AND ADOPTED THIS 18th
ATTEST:
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
ZC No. 887 6
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
) §§
I certify that the foregoing Resolution No. 2015-18 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW
TO MODIFY A PREVIOUSLY APPROVED DRIVEWAY, WHICH
REQUIRES GRADING, TO RELOCATE PREVIOUSLY APPROVED
WALLS ALONG A RIDING RING AND TO CONSTRUCT A NOT TO
EXCEED 5' HIGH RETAINING WALL ALONG A PORTION OF THE
DRIVEWAY; AND A VARIANCE TO EXCEED THE MAXIMUM
PERNA I hi.) DISTURBANCE OF THE LOT IN ZONING CASE NO. 887
AT 29 CREST ROAD EAST, (LOT 133-A-MS), (STEVENS).
was approved and adopted at a regular meeting of the Planning Commission on
August 18, 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.
ql)
HEIDI LUCE
CITY CLERK
ZC No. 887 7
RESOLUTION NO. 2014-11
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW,
CONDITIONAL USE PERMITS AND VARIANCES FOR GRADING AND
CONSTRUCTION OF RETAINING WALLS, A FEW OF WHICH ON THE
AVERAGE EXCEED 2 1/2 FEET IN HEIGHT, MIXED USE STRUCTURE -
(GARAGE AND RECREATION ROOM), DETACHED GARAGE, SWIMMING
POOL AND OTHER APPURTENANT STRUCTURES, AND TO LOCATE THE
STRUCTURES IN THE FRONT YARD OF THE PROPERTY IN ZONING CASE
NO. 854, 29 CREST ROAD EAST, (LOT 133-A-MS, STEVENS), ROLLING
HILLS, CA. THE PROJECT HAS BEEN DETERMINED 'TO BE
CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES
HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was duly filed by Mr. and Mrs. Brent Stevens with
respect to real property located at 29 Crest Road East, Rolling Hills (Lot 133-A-MS). The
applicants wish to develop the front portion of their property with several accessory
structures and other appurtenant facilities. They are requesting a Site Plan Review for
grading of 714 cubic yards of cut and 714 cubic yards of fill, construction of an 1,671
square foot infinity swimming pool with a spa, several retaining walls, 352 square foot
detached trellis at the existing sports court and a 370 square foot attached trellis at the
proposed cabana; a Conditional Use Permit for the construction of a 1,433 square foot
mixed use structure to contain a garage (637 sq. ft.) and recreation room (796 sq. ft.) and
to construct a second 494 square foot free standing garage. Variances are requested to
locate all of the proposed structures in the front yard area of the lot, to construct higher
than permitted walls, some of which do not average out to 21/2 feet in height and walls in
setbacks.
Proposed are also miscellaneous structures such as service yards (455 sq. ft.), pool
equipment enclosure (60 sq. ft.), barbeque, stairs between the different building pads as
well as outdoor hardscape and landscaping improvements throughout the lot and
widening of the driveway.
Section 2. Following several public hearings at which the Planning
Commissioners and members of the public expressed concerns about the project, the
applicants revised their project. The Planning Commission conducted duly noticed
public hearings on March 18, April 16, May 20, 2014 and a field trip on April 15, 2014.
The applicants were notified of the public hearings in writing by first class mail.
Evidence was heard and presented from all persons interested in affecting said proposal
and from members of the City staff and the Planning Commission having reviewed,
ZC No. 854 1
analyzed and studied said proposal. The applicants' representatives were in attendance
at the hearings.
Section 3. The lot is 6.57-acres in size in the RAS-2 zoning district, located on the
south side of Crest Road East. The net lot area for development purposes is 5.99 acres or
260,992 square feet. The property slopes in a southerly direction and is currently
developed with a residence and attached garage located in the rear of the lot. The
residence is located more than 400 feet away from the front roadway easement and 62 feet
below the road. A 1,060 square foot stable, with 2,300 square foot corral and 11,690 square
foot riding ring are located in the front of the property, partially in the front yard setback
and a 2,797 square foot sports court is located below the riding ring.
Section 4. Records indicate that the residence was constructed in the 1950's. The
stable, sports court and riding ring were completed in 1969. The stable service yard and
walls were constructed in 1977, and between 1968 and 1972 several additions were made
and the residence was remodeled. Between 1969 and 1984 several walls were permitted.
However, the permits do not specify the height or location of those walls.
Section 5. In December 2011 administrative approval was granted for a 966
square foot addition to the residence and for a major remodel. Also approved was
reconstruction of a slope and a short wall along the north side of the garage. The residence
addition and remodel is currently in progress. The applicants plan to convert the existing
garage to living area and utilize the two proposed detached garages for the required
garage space. If this is accomplished the residence would be 4,766 square feet.
Section 6. The Planning Commission finds that the project qualifies as a Class 3
Exemption, and is therefore categorically exempt from environmental review under the
California Environmental Quality Act.
Section 7. Site Plan Review. Section 17.46.030 of the Zoning Ordinance requires
a development plan to be submitted for Site Plan Review and approval before any grading
requiring a grading permit or any building, structure, swimming pool exceeding 800
square feet or wall exceeding 3' may be constructed. 714 cubic yards of cut and 714 cubic
yards of fill is required for grading of the proposed improvements on this lot. With respect
to the Site Plan Review application for grading, walls and swimming pool the Planning
Commission makes the following findings of fact:
A. The proposed development is consistent with the General Plan and surrounding
uses because the proposed project complies with the requirement of low profile, low -
density residential development with sufficient open space between surrounding
structures. The grading required for the improvements is minor compared to the overall
size of the lot and, because the grading will be distributed, occurring in various areas
being improved, and blended with the natural terrain, the result will be a natural looking
condition. The cut and fill will not exceed 3 to 5 feet in most locations (6 feet in one
location for the new garage) and will be balanced on -site. The average height of all new
ZC No. 854 2
retaining walls will not exceed 3.5 feet and the visual impact of all new walls will be
minimized by means of terracing and screening with extensive new landscaping in the
form of trees and shrubs.
B. The development plan, including proposed swimming pool, grading and walls will
not appear out of scale due to the relatively large size of the lot. Furthermore, the
proposed pool will have a maximum depth of 5 feet, which minimizes the amount of
grading. Significant portions of the lot, such as the large garden and landscaped slope
area between the pool and existing home will be preserved and re -landscaped to maintain
open space on the property. The nature, condition, and development of adjacent uses,
buildings, and structures and the topography of the lot have been considered, and the
construction will not adversely affect or be materially detrimental to the adjacent uses,
buildings, or structures because the proposed improvements will be constructed on the
lower half of the lot which is least intrusive to surrounding properties, will be screened
and landscaped with plants and shrubs, is of sufficient distance from nearby residences so
that the proposed project will not impact the view or privacy of surrounding neighbors.
C. The proposed development, as conditioned, is harmonious in the scale and mass
with the existing development as well as natural terrain, of the subject site. The proposed
project is also consistent and compatible with the scale of the surrounding neighborhood,
which consists of large sized properties that are similarly zoned.
D. The development plan follows natural contours of the site to the maximum extent
practicable to accomplish groomed and usable areas of the lot. Natural drainage courses
will not be affected by the project. Drainage devices will be installed to aid in the drainage
of the slope and protect the residents downstream and the Canyon below from runoff
from the lot above. The project is not located in a canyon or on existing slopes that exceed
25%.
E. The project preserves much of the exiting vegetation and mature trees. The
development plan will introduce drought -tolerant 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. A preliminary landscaping plan
has been filed with the City.
F. The proposed development is sensitive and not detrimental to the convenience and
safety of circulation for pedestrians and vehicles because the proposed development will
utilize the existing driveway and an existing egress path serving the neighboring property
at 58 Portuguese Bend Road will be maintained in an accessible condition.
Section 8. Conditional Use Permit (CUP). Section 17.16.210(A)(6) of the
Rolling Hills Municipal Code permits approval of an accessory mixed -use structure
under certain conditions, and a detached garage subject to approval of a Conditional
Use Permit. The applicant is requesting to convert an existing 603 square foot attached
ZC No. 854 3
garage to living space and replace it with a new 494 square foot detached two -car
garage, and to construct a new 1,433 square foot mixed -use structure (containing a 637
square foot detached garage and 796 square foot recreation room) below the equestrian
area and within the front yard of the main residence. With respect to this request for a
Conditional Use Permit, the Planning Commission finds as follows:
A. The granting of a Conditional Use Permit for construction of the mixed -use
structure and detached garage would be consistent with the purposes and objectives of the
Zoning Ordinance and General Plan because the proposed structures are consistent with
similar uses in the community and are permitted subject to a CUP. The project complies
with all applicable zoning criteria for mixed -use structures including maximum size of
recreation room of 800 square feet, location (vehicular access not in easement) and floor
plan and use (garage separated by interior common wall and no kitchen or sleeping
facilities). The area proposed for such structures have moderately sloping conditions, and
while grading is required, the existing configuration of uses and structures on the lot will
not be impacted. The site is improved with an expansive equestrian area near the lot front
including a stable, corral and riding ring.
B. The nature, condition, and development of adjacent uses, buildings, and structures
and the topography of the lot have been considered, and the construction will not
adversely affect or be materially detrimental to the adjacent uses, buildings, or structures.
The proposed new buildings are low -profile in that they will be approximately 14.6 feet
(cabana/garage) and 12.25 feet (garage) maximum in height and will be located towards
the mid -portion of the lot, well below and at a significant distance from Crest Road and
other residences. Further, the proposed structures will be screened by existing and
proposed landscaping which will enhance the privacy of the subject lot and surrounding
neighbors. The proposed garages will provide sufficient on -site parking for the residence
and the 494 square foot garage will be located generally in the same location as the
existing garage.
C. The proposed conditional use is consistent with the portions of the Los Angeles
County Hazardous Waste Management Plan relating to siting and 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 9. Variances. 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.
Variances are requested from Section 17.16.190F and 17.160F and G. due to he height of
various proposed walls including 1) where exceeding 5 feet in height at highest point (for
8.5 foot maximum walls at former mulch pit for new electric equipment pad); 2) where
ZC No. 854 4
exceeding 5 feet and an average of 2.5 feet (for 4.5 foot walls for new pool equipment
storage); 3) where exceeding 3 feet along a driveway (for 5-foot maximum walls due to
driveway widening); and 4) where walls are proposed within the "front yard" or between
the front property line and leading edge of the residence (affects all proposed new walls).
Variances are also requested from Section 17.12.230 ("front yard") in that all proposed
structures (walls, garage/cabana and detached garage) are to be located within the front
yard. With respect to the above requests for Variances, the Planning Commission finds as
follows:
A. There are exceptional and extraordinary circumstances and conditions applicable to
this property that do not apply generally to the other properties in the same zone. The
property is unique in that it is long and narrow, where the original grading and
construction created several terraced areas from the front to rear of the lot, with the main
residence constructed towards the rear of the lot. In order to construct the pool, mixed -
use structure (garage/cabana) and detached garage and widen the driveway to improve
access, with the minimum amount of grading and lot disturbance, the new structures must
be sited to the front of the residence. Appurtenant retaining walls and minor grading are
necessary due to moderately sloped areas between the existing terraces. The area to the
rear of the existing home is unsuitable for the proposed development because of steep
canyons and extensive grading that would be required to create new building pads.
B. The variance is necessary for the preservation and enjoyment of a substantial
property right possessed by other properties in the same vicinity and zone, but which
would be denied to the property in question absent a variance. Many of the homes in the
area are developed with walls that exceed a height of 2.5' on average or 5 feet maximum
and have constructed similar accessory structures such as the proposed swimming pool,
garage/cabana and detached garage. In addition, the proposed structures will be set back
at least 200 feet from the front roadway easement, and the existing equestrian uses at the
front of the lot will be maintained. The proposed activity is compatible with the General
Plan and the Zoning Ordinance. The Land Use Element of the General Plan establishes the
maintenance of strict grading practices to preserve the community's natural terrain. The
Building Code and the Zoning Ordinance require a balanced cut and fill ratio and do not
permit import or export of soil, except under special circumstances applicable to a
property and with a discretionary permission by the Planning Commission. The project
conforms to grading, setbacks, except for driveway walls, lot coverage and disturbance
requirements.
C. The granting of the Variance would not be materially detrimental to the public
welfare or injurious to the property or improvements in such vicinity and zone in which
the property is located. The proposed walls and accessory structures will not impact the
view or privacy of surrounding neighbors, and will permit the owners to enjoy their
property without deleterious infringement on the rights of surrounding property owners.
ZC No. 854 5
D. In granting the variance, the spirit and intent of the Zoning Ordinance will be
observed. The purpose of the Zoning Ordinance is to regulate development in an orderly
fashion and in a manner consistent with the goals and policies of the General Plan.
Approval of the variance will not impede any goals of the Zoning Ordinance or the
General Plan. Rather, the variance will allow the property owner to enjoy the same rights
and privileges afforded to other property owners in the vicinity. The requested variance is
not substantial and does not undermine the spirit or intent of the Zoning Ordinance.
E. The variance does not grant special privileges to the applicant. The applicant
revised their application and reduced the height of some of the wall structures and
amount of grading since the initial submittal. Significant portions of the lot will be left
undeveloped so as to maintain open space on the property. The structures will be
screened. The nature, condition, and development of adjacent uses, buildings, and
structures and the topography of the lot have been considered, and the construction will
not adversely affect or be materially detrimental to the adjacent uses, buildings, or
structures because the proposed structures will be constructed on a portion of the lot
which is least intrusive to surrounding properties, will be screened and landscaped with
trees and shrubs, is of sufficient distance from nearby residences and will substantially
utilize the existing relatively flat area for the new construction.
F. The variance is consistent with the portions of the County of Los Angeles
Hazardous Waste Management Plan relating to siting and siting criteria for hazardous
waste facilities.
Section 10. Based upon the foregoing findings in Sections, 7, 8 and 9, the Planning
Commission hereby approves the Site Plan Review, Conditional Use Permit and Variances
application in Zoning Case No. 854 for grading, construction of a 1,671 square foot pool,
1,433 square foot mixed -use garage/recreation room, 494 square foot detached garage,
and various retaining walls exceeding 5 feet and/or 2.5' in height on the average as shown
on the Site Plan approved by the Planning Commission on May 20, 2014, and plans dated
May 14, 2014 subject to the following conditions:
A. The conditions of approval specified herein shall be printed on all
construction plans and shall be available at the construction site at all times.
B. The Site Plan Review, Variance and Conditional Use Permit approvals
shall expire within two years from the effective date of approval if construction
pursuant to this approval has not commenced within that time period, as required by
Sections 17.46.080(A), 17.42.070(A) and 17.38.070(A) of the Rolling Hills Municipal
Code, or the approval granted is otherwise extended pursuant to the requirements of
those sections.
C. It is declared and made a condition of the approval, that if any conditions
thereof are violated, this approval shall be suspended and the privileges granted
hereunder shall lapse; provided that the applicants have been given written notice to
ZC No. 854 6
cease such violation, the opportunity for a hearing has been provided, and if requested,
has been held, and thereafter the applicant fails to correct the violation within a period
of thirty (30) days from the date of the City's determination.
D. All requirements of the Building and Construction Code, the Zoning
Code, and of the zone in which the subject property is located must be complied with,
including the Outdoor Lighting Ordinance (RHMC 17.16.190.E), Water Efficient
Landscape Ordinance, Low Impact Development Ordinance and all others, unless
otherwise set forth in this approval, or shown otherwise on an approved plan.
E. The lot shall be developed and maintained in substantial conformance
with the site plan on file dated May 14, 2014. Prior to submittal of final working
drawings to the Building and Safety Department for issuance of grading and/or
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. 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.
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. The surface of the corral, paddock and areas adjacent to the agricultural
portion of the stable shall remain permeable at all times, and may not be paved or be
covered with pavers.
H. This project, including all hardscape, pilaster or gates- if any, landscaping
and including the widening of the driveway in an easement shall be reviewed and
approved by the RHCA. Any deviations to this project that the RHCA may recommend
or request, which would trigger additional grading, require additional walls or affect
any of the herein approved development shall be submitted for review to the Planning
Commission.
I. Structural coverage for the entire lot shall not exceed 14,288 square feet
(exclusive of allowances) or 5.5% of the net lot area, in conformance with the zoning
requirement. Total lot coverage of structures and paved areas shall not exceed 38,220
square feet, including the driveway or 14.6% in conformance with the zoning ordinance.
J. Coverage for each pad shall be: Residential pad: 28.0% of 18,847 sq. ft.
pad (5,285 sq. ft. with allowed deductions); Sport Court pad: 32.7% of 11,616 sq. ft.
(2,869 sq. ft.); Stable pad: 14.8% of 9,479 sq. ft. (1,402 sq. ft.); Mixed -use building pad:
ZC No. 854 7
44.5% of 7,112 q. ft. (3,164 sq. ft.) and Detached garage pad: 42.7% of 1,156 sq. ft. (494
sq.).
K. Grading shall not exceed 714 cubic yards of cut and 714 cubic yards of fill
to be balanced on site. The disturbance of the net lot shall not exceed 103,905 square feet
of surface area or 39.8%, as shown on the plan stamp dated May 14, 2014.
L. The size of the new approved structures shall be as follows:
Mixed -use garage/recr. rm 1,433 sq. ft.
Swimming pool 1,671 sq. ft.
Detached garage 494 sq. ft.
Trellis- tennis court 352 sq. ft.
Trellis- cabana 370 sq. ft.
Residence 4,766 sq.ft. (previously approved)
M. All utilities serving the new structures shall be placed underground.
N. The applicant shall be required to conform to the City of Rolling Hills
Water Efficient Landscape Ordinance, Chapter 13.18 of the Municipal Code. The project
shall be landscaped and continually maintained in substantial conformance with the
conceptual landscaping plan on file date stamped May 14, 2014. A detailed landscaping
plan shall be submitted and shall provide that any frees and shrubs used in the
landscaping scheme for this project shall be planted in a way that screens the project
development from Crest Road East above, such that shrubs and trees as they mature do
not grow into a hedge or impede any neighbors views and the plan shall provide that
all landscaping be maintained at a height no higher than the roof line of the nearest
project structure. In addition, the landscaping plan shall provide for screening of the
existing sport court with vegetation not to exceed 10 feet or the height of the sport court
fence, if installed, whichever is less, and that the vegetation used for screening shall be
planted in an off -set manner, so as to prevent it, as it grows from forming a solid hedge.
O. The applicant shall submit a landscaping performance bond, to be kept on
deposit by the City, in the amount of the planting plus irrigation plus 15%. The bond
shall be released no sooner than two years after completion of all plantings, subject to a
City staff determination that the plantings required for the project are in substantial
conformance with approved plans and are in good condition.
P. An existing footpath on the project site leading from 58 Portuguese Bend
Road, as shown on the approved Site Plan shall be maintained and open for pedestrian
passage at all times.
Q. Minimum of 50% of the construction material spoils shall be recycled and
diverted from landfills. The hauler shall obtain a Construction and Demolition permit
from the City and provide proof of recycling.
ZC No. 854 8
R. There shall be no discarding of any debris, trash, soil and construction
spoils or any other material into the canyon or deposited anywhere on the property,
including easements. No grading, planting, structures, drainage devices or hardscape,
including driveways, or storage of any objects including building materials shall take
place in the easements, unless approved by the RHCA (Rolling Hills Community
Association)
S. If a construction fence is erected during construction, it shall not be
located in any easement or cross over any trails.
T. 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.
U. During grading and construction operations, trucks shall not park, queue
and/or idle at the project site or in the adjoining right-of-way before or after the
permitted hours of operations. To the maximum extent possible, staging of equipment
and parking of vehicles during construction shall be on site.
V. The applicant shall comply with grading requirements relative to
submittal of grading bond and grading and construction reports as required by the
Building Official.
W. The applicant shall submit a detailed drainage plan to the City's drainage
engineer. This project shall meet the requirements of the City's Low Impact
Development portion of the Storm Water Management and Pollution Control
ordinance.
X. No drainage device may be located in such a manner as to contribute to
erosion or in any way affect an easement, trail or adjacent properties. The energy
dissipaters shall be designed in such a manner as to not cross over any equestrian trails
or easements. The drainage system(s) shall not discharge water onto a trail, shall
incorporate earth tone colors, including in the design of the dissipater and shall be
screened from any trail and neighbors views to the maximum extent practicable,
without impairing the function of the drainage system.
Y. The property owners shall be required to conform to the Regional Water
Quality Control Board and City's requirements for the installation of best management
practices (BMPs) related to solid waste and storm water management, including erosion
control measures, and post construction maintenance of stormwater drainage facilities.
ZC No. 854 9
Z. During construction, conformance with the air quality management
district requirements shall be complied with, so that people or property are not exposed
to undue vehicle trips, noise, dust, and objectionable odors.
AA. The property owner and/or his/her contractor/applicant shall be
responsible for compliance with the no -smoking provisions in the Municipal Code.
AB. The contractor shall not use tools that could produce a spark, including
for clearing and grubbing, during red flag warning conditions. Weather conditions can
be found at:
http://www.wrh.noaa.gov/lox/main.php ?suite=safety&page=hazard_definitions#FIR
E. It is the sole responsibility of the property owner and/or his/her contractor to
monitor the red flag warning conditions.
AC. Until the applicants execute and record an Affidavit of Acceptance of all
conditions of this Site Plan Review and Variances approvals, as required by the
Municipal Code, the approvals shall not be effective.
AD. All conditions of the Site Plan, Conditional Use Permit and Variances
approvals, that apply, shall be complied with prior to the issuance of grading or
building permit.
AE. Any action challenging the final decision of the City made as a result of
the public hearing on this application must be filed within the time limits set forth in
Section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure
Section 1094.6
PASSED, APPROVED AND ADOPTED THIS 17tJi DAY rQ NE 2014.
BJAD CHECF, CHAIRIr(AN
HEIDI LUCE, CITY CLERK
ZC No. 854 10
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS
I certify that the foregoing Resolution No. 2014-11 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW,
CONDITIONAL USE PERMITS AND VARIANCES FOR GRADING AND
CONSTRUCTION OF RETAINING WALLS, A FEW OF WHICH ON THE
AVERAGE EXCEED 2 l FEET IN HEIGHT, MIXED USE STRUCTURE -
(GARAGE AND RECREATION ROOM), DETACHED GARAGE, SWIMMING
POOL AND OTHER APPURTENANT STRUCTURES, AND TO LOCATE THE
STRUCTURES IN THE FRONT YARD OF THE PROEPRTY IN ZONING CASE
NO. 854, 29 CREST ROAD EAST, (LOT 133-A-MS, STEVENS), ROLLING HILLS,
CA. THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY
EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA).
was approved and adopted at a regular meeting of the Planning Commission on June
17, 2014 by the following roll call vote:
AYES: Commissioners Gray, Kirkpatrick, Mirsch, Smith 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
ZC No. 854 11
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
O'/ N . )1t
-
*26140707136*
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. 854
§§
XX SITE PLAN REIVEW XX CONDITIONAL USE PERMIT XX VARIANCE
(SEE EXHIBIT A ATTACHED)
I (We) the undersigned state
I am (We are) the owner(s) of the real property described as follows:
29 CREST ROAD EAST, ROLLING HILLS, CA 90274 (LOT 133-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. 854
N REIVEW XX CONDITIONAL USE PERMIT XX VA F ANCE
declare) under the penalty of perjury
the for -going i-��„e a1 cofct.
Signa ure Signpture
rr ,4, rig✓ 67. c► r S1-u1/c` ,1.S
Name typed or printed
d4= O . Zo x _5:23 j
Address
1477--fd, A 823q0
City/State, Zip Code
/1,v -7 -
Narie typed or printed
eD , sox sz3 9
Address
ere/-(1),)9, z0 FT3yc3
City/State, Zip Code
Signatures must be acknowledged by a notary public.
State of California
County of Los Angeles )
On . rt» -i 3, -oi 1 before me,
\41-(/ 0/ WI -
(Insert Name of,IGotal'i Pubr and Title)
Personally ��/J /�
appeared flM,cr/nl f> r /41.l1
t <ftii 4i "-/ 774-5"
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 by hand and official sea
Signature of Notary ( Seal)
z
VIKI MEGNA
Commission # 1923150
Notary Public -California x
Los Angeles County >
My Comm. Expires Feb 23, 2015 t