867, Construct a deck and breezeway, Resolutions & Approval Conditions,-(C--'"(
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
02125120151\10 \\\* WV
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IA WE \II \
*M502.1390
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. 867
XX SITE PLAN REVIEW
I (We) the undersigned state
) §§
(SEE EXHIBIT A ATTACHED)
XX VARIANCE
I am (We are) the owner(s) of the real property described as follows:
1 PINE TREE LANE, ROLLING HILLS, CA 90274 (LOT 102-RH)
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. 867
XX VARIANCE XX
I (We) certify
SITE PLAN REVIEW
lare) under the penalty of perjury that the foregoing is true and correct.
Signature/4"4
Signatude / ,dam
Geror26 2e/ vd, , /Jy 7/gqidr)
Name typed or printed Name typed or pNnted
Address 2847
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Sionp/ h'i/' cA 907S3
City/S?ate
Address
City/State
Notary form revised 2015
• •
See Exhibit A, attached
Signatures must be acknowledged by a notary public.
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 ar z;rniQ }
COUNTY OF Lar gi7 es }
On rdraorq 23, ecs//S , before me, E. /l ' 2 • grPnJci: r , a Notary
Public, persoffally appeared
Csen:w /n /r ib crud /telly ,�.eiar,�o%
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
.ia/are subscribed to the within instrument and acknowledged to me that ire/At/they
executed the same in his/.her/their authorized capacity(ies), and that by Iris/fit/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signatur •
Name of Notary: E
Date Commission Expires eV'. /8. 20/7
Commission No. 203 7-5/3
E. NUNEZ-ARENCIBIA
Commission # 2037513
Notary Public - California z
1 \ J Los Angeles County
My Comm. Expires A 1.8 2017
r to . v . d w....., v yr yy.
Notary form revised 2015
•
RESOLUTION NO. 2015-01
• Cj6 (,1 fr.!
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW
FOR CONSTRUCTION OF ABOVE GRADE DECKS, PLANTER WALLS
AND A GARAGE ADDITION TO THE RESIDENCE; AND REQUEST
FOR VARIANCES FOR PLANTER WALLS TO EXCEED ON THE
AVERAGE 2.5 FEET IN HEIGHT AND FOR AN OUT OF GRADE
CONDITION FOR THE GARAGE ADDITION IN ZONING CASE NO.
867, AT 1 PINE TREE LANE, ROLLING HILLS, CA, LOT 102-RH,
(DELGADO). THE PROJECT HAS BEEN DETERMINED TO BE EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, (CEQA).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES
HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was duly filed by Mr. and Mrs. Delgado with
respect to real property located at 1 Pine Tree Lane, Rolling Hills (Lot 102-RH)
requesting a Site Plan Review to construct a 794 square foot garage, which when added
to a recent administrative approval of 887 square foot addition, the aggregate total of
additions exceed the scope allowed under administrative approval within a 3-year
period, and to construct 3,021 square feet of above grade decks and planter walls which
exceed 3' in height. A Variance is also requested to construct a garage that would
exceed the maximum permitted out of grade condition and exceed the requirement that
planter walls have an average height of 2.5 feet.
Section 2. The Planning Commission conducted duly noticed public hearings
to consider the application at a field trip to the property on December 16, 2014 and at
regular Planning Commission meetings on November 18 and December 16, 2014.
During the course of the proceedings, the applicants revised the application from a
request for a detached garage with a breezeway to an attached garage addition. 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 and their representatives were in
attendance at the hearings.
Section 3. The property is zoned RAS-2 (Residential Agricultural -Suburban, 2
acre minimum lot size) and the gross lot area is 5.88 acres. The net lot area for
development purposes is 203,160 square feet or 4.66 acres. Access to the property is
from Pine Tree Lane, via an existing driveway that serves an attached 2-car garage and
motor court, which will also provide access to the proposed 794 square foot additional
attached garage. The residential building pad is on a knoll, surrounded by sloped areas
to the rear.
ZC No. 867 1
• .
Section 4. The Planning Commission finds that the project qualifies as a Class
3 Exemption, pursuant to Section 15303 of the CEQA (California Environmental Quality
Act) Guidelines and is therefore categorically exempt from environmental review.
Section 5. Section 17.46.030 of the Zoning Ordinance requires a development
plan to be submitted for Site Plan Review and approval before any structure, (with
exceptions), may be constructed, which includes above grade decks. Section
17.46.020.A.3 requires Site Plan Review for an addition exceeding 999 square feet,
Section 17.44.020.0 authorizes staff to approve additions up to 999 square feet
cumulatively within a 3-year period, which is measured from when a final inspection
was granted for the addition. Section 17.16.190.F requires a Site Plan Review for walls
over 3 feet in height. With respect to the Site Plan Review applications for the
improvements subject to the requirements of the above listed Sections of the Zoning
Ordinance, the Planning Commission makes the following findings of fact:
A. The proposed development is compatible with the General Plan and
surrounding uses because the proposed project complies with the General Plan
requirement of low profile, low -density residential development with sufficient open
space between surrounding structures. The construction will occur in an area
previously graded and disturbed and new earth work will be confined to excavation for
new foundations only, and to functionally integrate the new garage and new service
yard with the existing driveway and motor court. The out -of -grade condition and
"bulk" of the proposed decks and garage will be mitigated by adjacent landscaped
raised grade planters that will adjoin the decks and garage on the downslope sides. All
setbacks (front, sides and rear) are substantially larger than the minimum required by
the Zoning Ordinance and the existing residence, with the proposed additions will be
similar in scale to surrounding residences. Additional landscaping will be installed to
further screen both an existing tennis court as well as new improvements, thereby
reducing visual impact of the development.
B. The development plan substantially preserves the natural and undeveloped state
of the lot because no grading is required and the design (see A. above) and location of
the decks, new garage and planters (towards the rear and set well back from adjoining
homes and roadway) will not cause the lot to look overdeveloped. Significant portions
of the lot will be left undeveloped so as 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 a portion of the lot which is least
intrusive to surrounding properties, will be screened and landscaped with shrubs and
trees and is of sufficient distance from nearby residences so that the proposed project
will not impact the view or privacy of surrounding neighbors.
ZC No. 867 2
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C. The proposed development, as conditioned, is harmonious in scale and mass
with the site, the natural terrain and surrounding residences. The proposed project is
consistent with the scale of homes in the surrounding RA-S-2 similarly zoned
neighborhood. The proposed project entails construction of living area additions, a
garage, trellis, decks, planter walls and planters and a service yard, all of which are
common improvements throughout the City. The project site, with the development,
will be well within the allowed total coverage of the lot (16.5% proposed/35%
maximum).
D. The development plan generally follows natural contours of the site to the
maximum extend practicable to accomplish groomed and usable areas of the lot.
Natural drainage courses will not be affected by the project. No grading is proposed
and therefore existing drainage channels are not anticipated to be impacted. The project
construction will not be located in a canyon or on existing slopes that exceed 25%.
E. The proposed development is sensitive and not detrimental to the convenience
and safety of circulation for pedestrians and vehicles because the proposed
development will utilize the existing driveway, which is in compliance with zoning
requirements.
F. The project conforms to the requirements of the California Environmental
Quality Act (CEQA) and is exempt pursuant to Section 15303 of the CEQA Guidelines.
G. The project preserves much of the existing vegetation and mature trees and will
supplement these elements with drought -tolerant landscaping. A landscaping plan will
be filed with the City.
Section 6. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal
Code permit approval of a Variance from the standards and requirements of the Zoning
Ordinance when exceptional or extraordinary circumstances applicable to the property
and not applicable to other similar properties in the same zone prevent the owner from
making use of a parcel of property to the same extent enjoyed by similar properties in the
same vicinity. A Variance is required because the project exceeds the allowed maximum
wall height of 5 feet (RHMC Sec. 17.16.190F) and average 2.5-foot (Section 17.16.180). The
applicants request relief from the code to allow planter walls to exceed the allowed 2.5-
foot average height (proposed 2.5 to 4.3 feet) and the garage wall to exceed both the
maximum height of 5 feet above the adjoining ground level (proposed 7') and maximum
2.5-foot average differential height between grade/wall. With respect to this request 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 exceptional in that the original and existing home substantially consists of an
out of grade condition along the rear and the side and the proposed development would
ZC No. 867 3
• •
screen and soften the out of grade condition by constructing intermediate planter walls
not to exceed 4'4", but which will not average out to 2.5' in height. In addition, due to
the slope differential the applicants propose to soften the out of grade condition by
constructing planter walls behind the new garage addition.
The topography of the lot and placement of the existing residence create
difficulty in constructing the garage addition on grade. Any addition to the residence
requires either out of grade condition or substantial grading and fill, which would
extend the grading out towards the property lines. A Variance would be required to
bring in soil for the fill and the lot would result in substantially greater disturbance than
currently exists.
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. Several of the homes in
the area are developed with walls that on the average exceed 2.5' in height. The
construction of the walls including for the decks and garage is intended to soften their
appearance and "bulk" from the adjoining yards and slopes below and provide
landscaped areas that would surround the residence. The proposed development is to be
located on an already graded area, therefore preserving the natural terrain of the
remaining of the property.
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 garage condition will not impact the
view or privacy of surrounding neighbors, and will permit the owners to enjoy their
property without deleterious infringement on the rights of surrounding property
owners. The applicant will also add landscaping to screen the existing tennis court. The
neighbors have not objected to the out of grade condition in the past nor with this
proposal and the development would not affect any neighbor's views and therefore
property value and would be screened from the street. Substantial portions of the lot will
remain undeveloped and undisturbed.
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, which in this case
is constrained by existing conditions and site topography. The requested variance is not
substantial and does not undermine the spirit or intent of the Zoning Ordinance.
ZC No. 867 4
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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.
Section 7. Based upon the foregoing findings in Sections 5 and 6, the Planning
Commission hereby approves the Site Plan Review and Variances application in Zoning
Case No. 867 for above grade decks, walls exceeding 2.5' in height on the average and
4'4"-feet maximum and a garage addition that exceeds the maximum permitted out of
grade condition as shown on the Site Plan dated January 12, 2015 and as amended for
the garage area (attached to the residence) and dated January 15, 2015 and subject to the
elevation plan dated December 12, 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 and Variances 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) 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
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, unless otherwise set forth in this approval,
or shown otherwise on an approved plan. All existing overhead utility lines serving the
subject property shall be undergrounded pursuant to Section 17.27.030.
E. The lot shall be developed and maintained in substantial conformance
with the site plan on file dated January 12, 2015 and as amended for an attached garage
on January 15, 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
ZC No. 867 5
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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 project must be reviewed and approved prior to issuance of permits
by the Rolling Hills Community Association (RHCA).
H. There shall be no grading for the project except minor on grade earthwork
to functionally integrate the new garage and service yard with the existing driveway
and motor court.
I. Structural lot coverage shall not exceed 21,272 square feet or 10.5% of the
net lot area, in conformance with the zoning ordinance limit of 20%.
J. Total lot coverage of structures and paved areas shall not exceed 33,672
square feet, or 16.5%, which is in conformance with the zoning ordinance limit of 35%.
K. The new retaining walls along the proposed raised deck/patios and
adjacent to the proposed service yard and new garage shall not exceed the height as
measured from adjacent finished grade shown on Sheet A8 of plans dated December 12,
2014.
Further, the height of the new "Garage #2" shall not exceed an elevation
of 21'6" above the finished grade, which includes the 7' out of grade condition of the
corner of the garage above the finished grade.
Additionally, the height of all chimneys shall be limited to that as required
by the Building Code.
L. The disturbance of the net lot area shall not exceed 85,000 square feet of
surface area or 41.8%, which includes the existing stable/corral with access thereto,
existing tennis court and the excavation activity for the new construction approved by
this Resolution.
M. Residential building pad coverage on the 44,500 square feet residential
building pad shall not exceed 14,050 square feet or 31.6%.
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
applicant shall submit to the City two copies of a landscaping and irrigation plan and
water usage certification prior to obtaining grading permit. Within 90-days of
ZC No. 867 6
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completion of the construction of the project, the applicant shall submit a landscaping
compliance certification.
O. All backfilled areas behind the new planter walls shall be vegetated
utilizing to the greatest extent feasible mature native and drought resistant plants.
Plants shall be utilized, which are consistent with the rural character of the community
and meet the fire department requirements for fire resistant plants. Any trees and
shrubs used in the landscaping scheme for this project shall be planted in a way that
will not result in a hedge like screening and as not to impair views of neighboring
properties but to screen the project site.
Further, prior to final building inspection for the project the existing tennis court
shall be screened with vegetation which at planting shall be a minimum size equivalent
to a 15-gallon container and which shall be maintained at all times at a height not to
exceed the height of the tennis court perimeter fence.
P. Construction permits shall be obtained to legalize an existing unpermitted
gazebo prior to final building inspection for the project.
Q. Minimum of 50% of the construction material spoils shall be recycled and
diverted. The hauler shall provide the appropriate documentation to the City.
R. There shall be no dumping of any debris, trash, soil spoils, construction
materials or any other matter anywhere on the property. Further, perimeter easements
and trails shall remain free and clear of any improvements including, but not be limited
to, fences -including construction fences, grading (both cut and fill), landscaping,
irrigation and drainage devices, play equipment, parked vehicles, building materials,
debris and equipment, except that the Rolling Hills Community Association may
approve certain encroachments
S. 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.
T. During 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.
U. If required by the City's drainage engineer, the applicant shall submit a
detailed drainage plan. This project may be subject to the requirements of the City's
Low Impact Development portion of the Storm Water Management and Pollution
ZC No. 867 7
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Control ordinance triggered where 10,000 square feet or more of impervious surface is
reconstructed or added and/or the project is deemed hillside development.
V. 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, if required, 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.
W. The property owners shall be required to conform to the Regional Water
Quality Control Board and County Public Works Department requirements for the
installation and post construction maintenance of stormwater drainage facilities.
X. The property owners shall comply with the LA County Public Health
Department requirements pertaining to septic sewer systems.
Y. 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.
Z. The property owners shall be required to conform to the Regional Water
Quality Control Board and County Public Works Department Best Management
Practices (BMPs) related to solid waste and storm water management, including erosion
control measures.
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. Thecontractor 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. The property on which the project is located shall contain a stable and
corral or a set aside area to provide an area meeting all standards for a stable, corral
with access thereto.
AD. 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.
ZC No. 867 8
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AE. All conditions of the Site Plan Review and Variances approvals, that
apply, shall be complied with prior to the issuance of building permit.
AF. Any action challenging the final decision of the City made as a result of
the public hearing on this application must be filed within the time limits set forth in
Section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure
Section 1094.6
PASSED, APPROVED AND ADOPTED THIS 20th DAY laF ANUARY 2015.
/ BRAD HELF, CHAIR)fAN
ATTEST:
HEIDI LUCE, CITY CLERK
ZC No. 867 9
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS
I certify that the foregoing Resolution No. 2015-01 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING
HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR CONSTRUCTION
OF ABOVE GRADE DECKS, PLANTER WALLS AND A GARAGE ADDITION TO
THE RESIDENCE; AND REQUEST FOR VARIANCES FOR PLANTER WALLS TO
EXCEED ON THE AVERAGE 2.5 FEET IN HEIGHT AND FOR AN OUT OF GRADE
CONDITION FOR THE GARAGE ADDITION IN ZONING CASE NO. 867, AT 1 PINE
TREE LANE, ROLLING HILLS, CA, LOT 102-RH, (DELGADO). THE PROJECT HAS
BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT, (CEQA).
was approved and adopted at a regular meeting of the Planning Commission on
January 20, 2015 by the following roll call vote:
AYES: Commissioners Gray, Kirkpatrick, Mirsch and Chairman Chelf.
NOES: None.
ABSENT: Vice Chairperson Smith.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
gkilit( Me)
HEIDI LUCE
CITY CLERK
ZC No. 867 10
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