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901, Construct a tennis court in fr, Resolutions & Approval ConditionsRESOLUTION NO. 2016-15 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 A BASEMENT, DETACHED GARAGES, COVERED PORCHES, STABLE, SWIMMING POOL WITH A SPA, RETAINING WALLS AND NEW DRIVEWAY; A CONDITIONAL USE PERMIT TO CONSTRUCT A GUEST HOUSE, DETACHED GARAGES, AND STABLE WITH LOFT; AND VARIANCES TO EXCEED MAXIMUM PERMITTED AVERAGE HEIGHT OF RETAINING WALLS AND TO EXCEED THE MAXIMUM PERMITTED LOT DISTURBANCE IN ZONING CASE NO. 901 AT 5 PINE TREE LANE, (LOT 94-RH), (SHARNG). THE PLANNING COMMISSION DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application was duly filed by Ms. Lauren Sharng to request a Site Plan Review for the construction of a new 5,250 square foot residence, with a 5,250 square foot basement, 1,115 square feet of detached garages (714 and 441 square feet each), 1,445 square feet covered porches including 520 square feet at the stable, 964 square foot swimming pool and spa, 50 square foot pool equipment, 300 square foot service yard, 275 square foot entryway, retaining walls, new driveway, 350 square foot outdoor kitchen, and grading for a total of 48,150 cubic yards of dirt (11,775 c.y. cut and 11,775 c.y. fill; 12,300 c.y. over -excavation and 12,300 c.y. re -compaction). The applicant also requests a Conditional Use Permit to construct an 800 square foot guesthouse, the detached garages, and 1,810 square foot stable with 611 square foot loft; and Variances to exceed the maximum permitted average height of retaining walls and to exceed the maximum permitted disturbed area of the lot. Section 2. The Planning Commission conducted duly noticed public hearings to consider the application at their regular meeting on April 19, 2016 and in the field on May 17, 2016 and continued to the evening meeting of May 17, 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 May 5, 2016. The applicants and their agents were notified of the public hearings in writing by first class mail and the applicant and her 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. Four residents visited the site during the noticed field trip on May 17, 2016. During the first public hearing on April 19, 2016, the Planning Commissioners expressed concerns with the project and specifically the crowding of the structures on the building pad, the long driveway and walls, grading, and the proposed tennis court in the front yard area. The project was revised to eliminate the tennis court, the size of the residence was reduced from 5,975 square feet with a 5,000 square foot basement to 5,250 square feet with a Reso. 2016-15 1 5 Pine Tree Lane c 5,250 square foot basement, the porches were increased to 1,445 square feet from 1,260 square feet, the pool/spa was reduced to 964 square feet from 1,152 square feet, the 275 square feet entryway was increased from 100 square feet, and the outdoor kitchen was reduced to 350 square feet from 460 square feet. The loft in the stable was increased from 481 square feet to 611 square feet. The applicant withdrew the application for a CUP and several Variances for the previously proposed tennis court. The applicants have also removed the previously proposed two bathrooms in the guest house (and are now proposing one bathroom which complies with the Municipal Code), an out of grade porch at the north-west corner of the house has been decreased and some of the hardscape and stairs to provide more landscaped areas and a less crowded condition on the building pad. The Planning Commission has reviewed, analyzed and studied said revised proposal. Section 3. The property is zoned RAS-2 and the gross lot area is 5.15 acres. The net lot area is 4.3 acres or 187,196 square feet. The existing property is currently developed with a single -family residence, garage, and swimming pool, which will be demolished. Access to the property is taken from a joint driveway approach with 3 Pine Tree Lane. A Condition of Approval is for the applicant to abandon their portion of the joint driveway once their new driveway is constructed and remove the concrete, but retain the access serving 3 Pine Tree Lane. Section 4. 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 5. 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 structures (new residence, garages, swimming pool, guest house, and stable) require Site Plan Review due to the fact that they are new structures and per Zoning Code 17.46.020.A-2. The pool requires a Site Plan Review due to the grading required for it under Zoning Code 17.46.020.A.2(a) and the size, and the retaining walls require a Site Plan Review due to their height being over 3' in height and over 2.5' average. With respect to the Site Plan for grading and the proposed structures 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 Reso. 2016-15 2 5 Pine Tree Lane setbacks to provide buffers between residential uses. Although the disturbed area exceeds the maximum permitted amount of 40% at 45.2%, a large portion of it is for the proposed 1,810 square foot stable with 611 square foot loft (which requires a Conditional Use Permit), and the associated 3,900 square foot corral along with the long driveway that is needed to accommodate horse trailers. The stable and corral promote the rural, equestrian aesthetic of Rolling Hills. None of the structures are in setbacks. The project conforms to Zoning Code lot coverage requirements, except for disturbance. The net lot area of the lot is 187,196 square feet. The structural net lot coverage is proposed at 12,279 square feet or 6.56%, which includes all of the structures, with allowance for permitted deductions, (20% rnax. permitted); and the total lot coverage proposed, including the driveway would be 29,074 square feet or 15.5%, (35% max. permitted). The disturbed area of the lot is proposed to be 45.2%, which exceeds the maximum allowed disturbance of 40% (Municipal Code 17.16.070B). 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 building pad of the currently developed 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 north and northeast, 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 other residences in the vicinity of said lot as the proposed house is 5,250 square feet and the average in the vicinity is 5,149 square feet. The development plan follows the natural contours of the site to minimize grading by utilizing a portion of the existing building pad for the new development. Due to the existing house being located in the setback and easement it is necessary to move the house and therefore drop the pad elevation in order to achieve the necessary building pad. 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. The use of retaining walls along the upper side of the building pad/back yard, stable and driveway has helped to minimize grading. Reso. 2016-15 3 5 Pine Tree Lane f 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 safer 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, as Pine Tree Lane does not have wide shoulders to park on so all visitor parking must be contained on site. An adequate driveway is proposed to safely accommodate horse trailers to the stable and corral area. Section 6. 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 1,810 square foot stable with 611 square foot loft and 3,900 square foot corral comply with all requirements of these sections. Two detached garages are proposed (714 square feet and 441 square feet). Section 17.16.210 (A)(4) of the Zoning Ordinance contains conditions for a detached garage(s), subject to approval of a conditional use permit. 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, detached garages, 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 a stable and corral, detached garages, and guesthouse 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 detached garages are proposed to separate the residential structures from the stable. The proposed guesthouse in a common amenity to Rolling Hills. Reso. 2016-15 4 5 Pine Tree Lane 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, detached garages, and guest house) are located in the middle of a 4.3 acre net lot and their general locations are 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 driveway is separate from the other outdoor living areas on the property and will be comprised of decomposed granite. The loft area of the stable is directly accessed from the driveway. D. The project is harmonious in scale and mass with the site, the natural terrain, and surrounding residences because the proposed uses (stable/corral, detached garages, and guest house) complies with the low profile residential development pattern of the community and will not give the property an over -built look, and areas will remain open and unobstructed. The lot is 4.3 acres net in size and is sufficiently large to accommodate the proposed uses. 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 the 3,900 square foot corral will promote open space on the pad. The detached garages will be compatible with surrounding uses as they meet the requirements of the City as well as being proportioned to the house size. They will function like garages and not a residential structure. 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 have. E. The proposed conditional uses (stable/corral, detached garages, and guest house) complies with all applicable development standards of the zone district and requires Conditional Use Permits pursuant to Sections 17.18.060, 17.18.090, 17.16.210(A)(4), 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 7. Sections 17.38.010 through 17.38.050 of the Code permit approval of a variance from the standards and requirements of the Zoning Ordinance when, due to exceptional or extraordinary circumstances applicable to the property and not applicable to other similar properties in the same zone, strict application of the Code would deny the property owner substantial property rights enjoyed by other properties in the same Reso. 2016-15 5 5 Pine Tree Lane vicinity and zone. The applicant seeks a variance from the requirement 17.16.190(F) that walls not exceed five feet or 2.5 feet in average, and from 17.16.070(B) that disturbance be limited to 40% of the net lot area. The walls do not exceed 5' high maximum but they do not average out to 2.5' high and require a variance. The disturbance is proposed at 45.2%, which is higher than the permitted 40% due in large part to the proposed long driveway. With respect to this request for Variances, the Planning Commission finds as follows: A. There are exceptional and extraordinary circumstances and conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same zone because the existing lot, despite it being over 5 acres gross, has approximately half of its overall area at a slope of 2:1 or steeper and the remainder undulated and hilly and the lot requires grading in order to create a sufficient flat area to construct the house and accessory structures. The existing building pad cannot be utilized in its entirety for the new development, as most of it is located in the setback. There is a drainage course along the western property line, which must also be avoided. In order to generate the dirt needed for the pad, it was necessary to drop the pad and the walls helped to achieve this. However, due to the slope in the rear of the lot, and no grading allowed in the Association easements, the average wall height did not average to 2.5'. The majority of the walls will not be visible from the street and will mainly only be seen by the owner as they will be flanking the residential pad. The walls for the stable will be visible from the western side. However, there is a steep slope between the walls and the property line along with existing vegetation, which will add additional screening for these walls. B. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, which would be denied to the property in question absent a variance, because the site is sloped in nature so in order to provide a pad that meets the development standards, additional grading is required and it was necessary to push the limits of grading farther out than if the lot did not have as much slope to it. The overage is not significant and the property owner should not be denied the privilege of a new house because the topographic nature of the lot makes it infeasible to comply strictly with Section 17.16.170. The exceedance of the disturbance is due in large part to the proposed driveway. Any concerns voiced by residents and the Planning Commissioners during the public hearing were addressed in the revised site plan and during the field visit to the site. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. A minor increase in the overall percentage of disturbed area on the lot will have no effect on the public welfare or on property or improvements in the vicinity and the walls which exceed 2.5' average in height are not in any setbacks and will not cause any line of sight issues on Pine Tree Lane due to the rows of existing trees currently in the vicinity. Reso. 2016-15 6 5 Pine Tree Lane D. The variance does not grant special privileges to the applicant. To the contrary, absent a variance, the property owner would be deprived of the same rights and privileges afforded to other property owners in the vicinity. Unique circumstances applicable to the subject property make it infeasible for the property owner to comply with Section 17.16.070. The minor overage requested will allow the property owner to enjoy the same rights and privileges afforded to many other properties in the vicinity and zone. E. The variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities. F. The variance request is consistent with the General Plan. The proposed project, together with the variance, will be compatible with the objectives, policies, general land uses and programs specified in the General Plan and will uphold the City's goals to protect and promote construction that is rural in nature. Section 8. Based upon the foregoing findings, the Planning Commission hereby approves Zoning Case No. 901 request for a Site Plan Review for the construction of a new 5,250 square foot residence, with a 5,250 square foot basement, 1,115 square feet of detached garages (714 and 441 square feet each), 1,445 square feet covered porches including 520 square feet at the stable, 964 square foot swimming pool and spa, 50 square foot pool equipment, 300 square foot service yard, 275 square foot entryway, retaining walls, new driveway, 350 square foot outdoor kitchen, and grading for a total of 48,150 cubic yards of dirt (11,775 c.y. cut, 12,300 c.y. over excavation, and 11,775 c.y. fill, and 12,300 c.y. re -compaction); Conditional Use Permit to construct an 800 square foot guesthouse, the detached garages, and 1,810 square foot stable with 611 square foot loft; and Variances to exceed the maximum permitted average height of retaining walls and to exceed the maximum permitted disturbed area of the lot. With the proposed grading, the disturbed area of the lot would be 45.2% subject to the following conditions: A. The Site Plan, Conditional Use Permits, and Variances 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. 2016-15 7 5 Pine Tree Lane D. The lot shall be developed and maintained in substantial conformance with the site plan on file dated May 10, 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, Conditional Use Permit, and Variance 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. 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 12,279 square feet or 6.56% of the net lot area, in conformance with lot coverage limitations (20% maximum). The total lot coverage proposed, including structures and flatwork, shall not exceed 29,074 square feet or 15.5%, of the net lot area, in conformance with lot coverage limitations (35% max). H. Grading for this project shall not exceed 11,775 cubic yards of cut and 11,775 cubic yards of fill; 12,300 cubic yards of over -excavation, and 12,300 cubic yards of recompaction and shall be balanced on site. The disturbed area of the lot, including the approved stable and corral shall not exceed 45.2%. I. The residential building pad is proposed at 44,100 square feet and shall not exceed coverage of 9,344 square feet or 21.2% with allowed deductions. The stable pad is proposed at 5,720 square feet and shall not exceed 2,149 square feet of coverage or 37.6% with allowed deductions. Reso. 2016-15 8 5 Pine Tree Lane J. A new driveway shall be provided per the Fire Department requirements and the apron of the driveway shall be subject to review and approval by the Traffic Commission. Further, the portion of the existing shared driveway with 3 Pine Tree Lane that is located on the property at 5 Pine Tree Lane shall be abandoned and the concrete removed once the new driveway off Pine Tree Lane is completed. At no time shall vehicular access to 3 Pine Tree Lane be impacted by construction activities at 5 Pine Tree Lane. The driveway apron serving 3 Pine Tree Lane, but located on 5 Pine Tree Lane shall be unaffected by this development and shall be available at all times for egress and ingress to 3 Pine Tree Lane. Photographic evidence of the condition of the shared driveway and apron with 3 Pine Tree Lane shall be submitted to the Planning Department before any construction or demolition. Any damage caused to the apron, easements or curbs by construction activities shall be restored at the expense of the applicant. K. Access to the stable and to the corral shall be decomposed granite or like 100% pervious roughened material. L. ,Only one sanitary facility consisting of a shower, sink, and a toilet and a kitchenette is permitted in the guesthouse per Section 17.16.210(A)(5)(c). M. A minimum of four -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, detached garages, and stable shall be placed underground, subject to all applicable standards and requirements. Reso. 2016-15 9 5 Pine Tree Lane R. A drainage plan, as required by the Building Department shall be prepared and approved by City Staff prior to issuance of a construction permit. Such plan shall be subject to LA County Code requirements. S. All graded slopes shall be landscaped. A landscaping plan shall be submitted to the City in conformance with Fire Department Fuel Modification requirements and graded slopes. Prior to finaling the project, trees and shrubs shall be planted to screen the project from the neighbors. 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 are screening. 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 13.18of the RHMC). T. 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. U. 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. V. 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. W. 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. X. 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 easements on the east side of Pine Tree Lane adjacent to project site only, and shall not obstruct neighboring driveways. During construction, to the maximum extent feasible, employees of the contractor shall car-pool into the City. Y. 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 Reso. 2016-15 10 5 Pine Tree Lane 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. Z. 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#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. AA. 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 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. AB. 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. AC. 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, A OV A ► ' HELY, CHAIRMAN ATTEST: I. th11i HEIDI LUCE, CITY CLERK ADOPTED THIS 21ST DAY OF JUNE 2016. Reso. 2016-15 11 5 Pine Tree Lane t Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in Section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure Section 1094.6. STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 2016-15 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 A BASEMENT, DETACHED GARAGES, COVERED PORCHES, STABLE, SWIMMING POOL WITH A SPA, RETAINING WALLS AND NEW DRIVEWAY; A CONDITIONAL USE PERMIT TO CONSTRUCT A GUEST HOUSE, DETACHED GARAGES, AND STABLE WITH LOFT; AND VARIANCES TO EXCEED MAXIMUM PERMITTED AVERAGE HEIGHT OF RETAINING WALLS AND TO EXCEED THE MAXIMUM PERMITTED LOT DISTURBANCE IN ZONING CASE NO. 901 AT 5 PINE TREE LANE, (LOT 94-RH), (SHARNG). was approved and adopted at regular meeting of the Planning Commission on June 21, 2016 by the following roll call vote: AYES: Commissioners Cardenas, Gray, Smith and Chairman Chelf. NOES: None. ABSENT: Commissioner Kirkpatrick. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices HEIDI LUCE, CITY CLERK Reso. 2016-15 12 5 Pine Tree Lane I' RESOLUTION NO. 1189 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS APPROVING A VARIANCE TO ENCROACH INTO THE REQUIRED 20-FOOT SIDE -YARD SETBACK WITH EAVES AND BY 61-SQUARE FEET, DUE TO A 300- SQUARE FOOT ADDITION; APPROVING A MODIFIED SITE PLAN REVIEW FOR A RETAINING WALL GREATER THAN THREE FEET IN HEIGHT AND VARIANCES TO ENCROACH INTO THE REQUIRED 20-FOOT SIDE -YARD SETBACK BY 12.5 FEET, DUE TO A SEVEN (7) FOOT HIGH RETAINING WALL THAT DOES NOT AVERAGE OUT TO 2.5 FEET IN HEIGHT; AND ACKNOWLEDGING THE WITHDRAWAL OF A SITE PLAN REVIEW AND VARIANCE TO CONSTRUCT A 6-FOOT HIGH WALL AND A 2-FOOT FLAT WALKWAY AROUND THE BUILDING ADDITION IN ZONING CASE NO. 880 AT 15 PORTUGUESE BEND ROAD (LOT 78-RH), ROLLING HILLS CA, (HASSOLDT). The City Council of the City of Rolling Hills does hereby resolve and order as follows: Section 1. An application was duly filed by Mr. and Mrs. William Hassoldt ("Applicants"), with respect to real property located at 15 Portuguese Bend Road, Rolling Hills, CA (Lot 78-RH), which requested variances to encroach into the required 20-foot side -yard setback. One variance proposed an encroachment of 61 square feet (due to the addition of a 300-square foot bedroom closet to the home). The second variance proposed two 3-foot tall retaining walls. These retaining walls, in conjunction with the building encroachment, would reduce the width of the walkable passage area around a portion of the residence to only two (2) feet. Of the two proposed retaining walls, one is "L"-shaped and would adjoin the exterior wall of the addition and project approximately eight (8) feet into the side yard. The purpose of this wall is to provide physical separation between the exterior of the home and an adjoining earthen slope. The second proposed retaining wall, approximately 12-feet in length, would be located adjacent to the edge of the Rolling Hills Community Association ("RHCA") easements and project approximately 10-feet into the side yard setback. The purpose of these walls would be to retain earthen ramps in order to provide a 2-foot wide passage around the building, which is less than the four (4) foot minimum passage required by the Building Code. The Planning Commission held duly noticed public hearings on May 19, 2015, July 7, 2015, July 21, 2015, and September 15, 2015. At its September 15, 2015 meeting, the Planning Commission approved Zoning Case No. 880 (Planning Commission Resolution No. 2015-21) by a 2-1 vote. During the proceedings it was also discovered that the Applicants had remodeled and poured a new foundation for the sunroom on the property and had also constructed an addition totaling 42-square feet at the rear of the property. These improvements were not depicted in the original application submitted to staff in connection with this project. Section 2. Following Planning Commission approval of Zoning Case No. 880, the City Council took jurisdiction of the application at its October 12, 2015 meeting. Pursuant to Section 17.54.015 of the Rolling Hills Municipal Code, a review hearing for cases taken under jurisdiction by the City Council shall be conducted de novo. Section 3. On October 26, 2015, the City Council held a duly noticed public hearing and public field trip, reviewed and considered the staff report, reviewed and considered written reports, public testimony, and other information on the record, including evidence presented by Mr. Hassoldt. At the conclusion of the October 26, 2015 meeting, the City Council directed staff to prepare a resolution to approve the request for a Variance for 61-square foot encroachment of the 300-square foot addition into the south side yard setback, and to disapprove the request for the Variance for the 3-foot high walls and a 2-foot ramp -like walkway around the addition due to fire safety access concerns regarding the substandard walkway. Council further directed the Applicants to provide a 4-foot wide wallcway around the perimeter of the addition, widen the area where the slope makes a 90 degree angle at the rear corner of the addition to provide a wider passage area, and remove the Pine tree located above this slope in the vicinity of the south property line. Section 4. On November 4, 2015, the City received a proposal from Mr. Gary Wynn, Applicants' engineer, proposing to modify the direction of the City Council in order to allow for a 2-foot wide on -grade access at the corner of the addition which would widen to 4-feet wide along the sides of the addition. Such a modification would require a 6-foot high retaining wall along the easement line. Resolution No. 1189 15 Portuguese Bend Rd. 1 • • Section 5. On November 9, 2015, the City Council held a duly noticed public hearing, reviewed and considered the staff report, reviewed and considered written reports, public testimony, and other information on the record, including an objection to the proposed modifications and request for Variances from Mr. Howard Weinberg, attorney for the neighbors at 18 Portuguese Bend Road. The City Council did not approve Mr. Wynn's November 4, 2015 proposal and reiterated support for its October 26, 2015 direction and for consideration of a resolution at its November 23, 2015 meeting. Section 6. Following the November 9 2015 hearing, in order to accomplish the City Council's direction to provide a 4-foot wide walkway around the residence, the Applicants submitted a revised plan to staff which proposed to reduce the size of the encroachment by demolishing 20 square feet at the corner of the addition. This new plan would also require an encroachment of 10 feet into the side yard setback for the purposes of constructing a 3-foot to 5-foot high by 20-foot long retaining wall. Prior to the November 23, 2015 City Council meeting, however, the Applicants withdrew this proposal and requested that the case be continued. Section 7. On June 27, 2016, the City received a letter from Mr. Harold Light, attorney for the Applicants, requesting that the City Council reconsider its direction of October 26 and November 9, 2015 and approve the Variance requests. Section 8. On July 11, 2016, the City Council held a duly noticed public hearing, reviewed and considered the staff report, reviewed and considered the Applicants' request, public testimony, and other information on the record. At the conclusion of the July 11, 2016, meeting, the City Council again directed staff to prepare a resolution to: (1) approve the request for a Variance for 61-square foot encroachment of the 300-square foot addition and eaves into the south side yard setback, and (2) to disapprove the request for the Site Plan and Variance for the 6-foot high wall and a 2-foot flat walkway around the addition due to the walkway's inconsistency with the Building Code and Fire Code. Section 9. On August 4, 2016, the Applicants withdrew the variance proposing the 6-foot tall retaining wall and 2-foot-wide flat walkway and modified their request to include one seven -foot retaining wall, which would encroach into the required 20-foot side -yard setback by 12.5 feet for a short distance. The remaining distance of the 7-foot wall would be 5 feet or less in height and would encroach less into the setback as the wall moves away from its midpoint. This retaining wall, in addition to the 61-square foot building encroachment, would preserve a four (4) foot wide walkable passage area around the residence. The City Council hereby acknowledges the withdrawal of the previous site plan and variance request. Section 10. On August 22, 2016, the City Council held a duly noticed public meeting, reviewed and considered the staff report, reviewed and considered the Applicants' request, public testimony, and other information on the record. Section 11. Findings for Approval of Variances to encroach into the required 20-foot side -yard setback by 61-square feet addition and eaves and up to a maximum of 12.5 feet by a retaining wall. 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. In the subject application, the Applicants requested Variances to exempt them from strict compliance with Section 17.16.120, requiring a side -yard setback of 20 feet in the RAS-1 zone; and section 17.16.190(F), requiring that retaining walls shall not exceed five feet in height and that the walls shall average out to two and one-half feet as measured from the finished grade to the top of the wall. With respect to these requests for Variances to encroach with the addition, eaves and the retaining wall into the side yard setback and to construct higher than a 5-foot retaining wall that does not average out to 2.5 feet in height, the City Council finds as follows: A. There are exceptional and extraordinary circumstances and conditions applicable to this property that do not generally apply to the other properties in the same vicinity and zone. The mostly completed addition was inadvertently built in the setback in reliance on a prior survey that was found to be inaccurate after construction was nearly complete. The property is the smaller and narrower in width than other properties in the immediate vicinity, which creates a challenge to develop or improve the property. The front of the residence encroaches into the front setback and the portion of the addition subject to the variance is located behind this condition and is not visible from the street; B. The Variances are 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 Resolution No. 1189 15 Portuguese Bend Rd. 2 • • the property in question absent such variances. With the constraint of the lot's size and width and the configuration of the existing residence with the bedrooms located on the south side of the house, it is a challenge to provide a larger closet for one of the bedrooms in strict compliance with the Zoning Ordinance. Furthermore, a seven -foot retaining wall is necessary in order to preserve a four -foot walkway around the perimeter of the home, as proscribed by section 17.16.190(H); in order for a seven - foot high retaining wall to average out to 2.5 feet, the length of the wall would have to exceed 32 feet. A variance from the requirements of section 17.16.190(F) would preserve the enjoyment of substantial property rights possessed by other properties by minimizing the amount of construction necessary to achieve an average wall height of 2.5 feet and would help preserve the aesthetics of the property; C. The granting of the Variances would not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the property is located. The side -yard encroachments total of 61 square feet and 12.5 feet are minor in scope. These additions will not be visible from the street (Portuguese Bend Road) or adjoining residences because the subject home's location and elevation is approximately 20 feet lower than the closest neighboring home and there is substantial vegetation surrounding the subject home. The encroaching portion of the addition, being located on the south side of the property, will not impair views of neighbors to the north. Furthermore, a seven -foot retaining wall is necessary in order to preserve a four -foot walkway around the perimeter of the home and ensure adequate access to all corners of the property by emergency access vehicles; D. In granting the Variances, the spirit and intent of the Zoning Ordinance will be observed. The proposed improvements will be orderly, attractive, and will not affect the rural character of the community due to their relatively small scope and size. The proposed improvements will not encroach into existing equestrian use on the property, which consists of a 412 square foot stable and adjacent corral; and E. The Variances requested are consistent with the General Plan of the City of Rolling Hills. The proposed improvements will comply with the General Plan requirement of low profile, low -density residential development with sufficient open space between surrounding structures. The structural lot coverage and the total impervious lot coverage are within the requirements of the City. Section 12. Findings for Approval of Site Plan review for a retaining wall that exceeds three feet in height, as required by Section 17.16.190(F). With respect to the modified Site Plan review application, the City Council finds as follows: A. The proposed retaining wall complies with and is consistent with the goals and policies of the general plan and all requirements of the zoning ordinance. A four -foot wide walkway is required by the City's Municipal Code in order to provide sufficient access to the perimeter of the home. The proposed seven -foot high retaining wall is proposed in an area that surrounds the perimeter of the home, including the 300-square foot closet addition. In order to maintain a four -foot walkway around the perimeter of the home, as required by code, the slope adjacent to the home and the addition would need to be retained and pushed back. For this reason, neither a three-foot nor five-foot high retaining wall would be sufficient to maintain the four -foot walkway required by the City's Municipal Code B. The retaining wall substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. The nature, condition, and development of adjacent uses, buildings, and structures and the topography of the lot have been considered, and the construction of a seven -foot high retaining wall will not adversely affect or be detrimental to the adjacent uses, buildings or structures because the proposed improvement will be constructed on a portion of the lot which is least intrusive to surrounding properties; C. The Retaining Wall is harmonious in scale and mass with the site, the natural terrain and surrounding residences. The proposed project is consistent with the scale of the home because the length of the proposed retaining wall will not exceed 32 feet and most of it will be between 5 and 2 feet in height; D. The Retaining Wall preserves and integrates into the site design, to the greatest extent possible, existing topographic features of the site, including surrounding vegetation, draining courses and land forms. The proposed height and length of the retaining wall are at the minimum threshold required in order to retain the size of the slope adjacent to the property and allow for a four -foot wide walkway; Resolution No. 1189 15 Portuguese Bend Rd. 3 • • E. Minimal excavation and back fill of 10 cubic yards is required, which does not trigger grading requirements, although geotechnical report will be required for slope stability and drainage F. The proposed project will not modify existing drainage channels nor redirect the drainage flow; G. The proposed project preserves surrounding vegetation and shrubs because the height of the wall will translate into a wall that is shorter in length, thereby preserving the rural character of the RA-S zone, and requiring less construction overall which would disturb less existing vegetation; H. The proposed retaining wall is sensitive and not detrimental to the convenient and safe movement of pedestrians and vehicles. A seven -foot high retaining wall would preserve a four -foot walkway around the perimeter of the home, as required by code, in order to allow for the safe passage of emergency access personnel; and I. The construction of the proposed retaining wall conforms to the requirements of the California Environmental Quality Act. Section 13. Based on the foregoing findings and evidence contained within the record, the City Council hereby APPROVES a site plan review for retaining wall greater than three feet in height and variances to encroach into the required 20-foot side -yard setback with eaves and by 61-square feet, due to a 300-square foot addition and 12.5 feet encroachment into the side -yard setback, due to a seven (7) foot high retaining wall, which does not average out to 2.5 feet in height subject to the following conditions: A. The approval shall expire within one year from the effective date of approval as defined in Sections 17.38.070(A) of the Zoning Ordinance unless otherwise extended pursuant to the requirements of this section. B. If any conditions of approval 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. C. All requirements of the Building Code and the Zoning Ordinance including outdoor lighting requirements, roofmg material requirements, stable and corral area set aside requirements and all other requirements of the zone in which the subject property is located must be complied with, unless otherwise set forth in this approval. D. The project shall be developed and maintained in conformance with the site plan on file in the City Planning Department dated August 4, 2016. The conditions of this approval shall be printed onto building and construction plans and be available on site at all times. E. The Applicants shall obtain the required building permits for the remodel and new foundation for the sunroom on the property, as well as permits for the construction of the 42-square foot addition at the rear of the property and for all other interior improvements, where a building permit is required. F. This project including all additions, hardscape and wall 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 reviewed by the Planning Commission. G. Structural lot coverage shall not exceed 5,870 square feet or 16.0% of the net lot area, including the existing stable. With allowable deductions, the structural lot coverage shall be 15.8%. H. Total lot coverage of structures and paved areas shall not exceed 10,293 square feet or 28.2% with allowances, in conformance with lot coverage limitations. I. The disturbed area of the lot shall remain as is currently and not exceed 71.0%. Resolution No. 1189 15 Portuguese Bend Rd. 4 • • J. Residential building pad coverage on the 15,710 square foot residential building pad shall not exceed 32.2%, with permissible allowances. K. The existing stable or an area of a minimum of 1,000 square feet, feasible for development of a stable, corral and access thereto, shall be retained on the property at all times. L. All utility lines for structures subject to this application shall be placed underground. M. The property owners and/or their contractor shall be responsible for compliance with the no -smoking provisions in the Municipal Code. The contractor shall not use tools that could produce a spark, including for clearing and grubbing, during red flag warning conditions. Weather conditions can be found at: httn://www.wrh.noaa.eov/lox/main.nhn?suite=safety&aaee=hazard definitions#FIRE It is the sole responsibility of the property owners and/or their contractor to monitor the red flag warning conditions. Should a red -flag warning be declared, and if work is to be conducted on the property, the contractor shall have readily available fire extinguisher. N. Notwithstanding Section 17.38.065 and 17.46.070 of the Rolling Hills Municipal Code, there shall be no further modifications, changes or variations to the project approved by this resolution, or any further development on the property without Planning Commission review and approval. O. Any trees or shrubs introduced for this project or in the future, when grown, shall not exceed the ridge height of the residence and shall be maintained at such height at all times, so as not to impair neighbors' views. The landscaping, if planted, shall include native drought -resistant vegetation and be planted in an offset manner so as not to result in a hedge -like screen. If landscaping of 5,000 square foot area or greater is introduced the landscaping shall be subject to the requirements of the City's Water Efficient Landscape Ordinance. At planting time all shrubs and trees shall be a minimum of 15 gallon in size or larger. P. All graded areas shall be stabilized to prevent erosion. Any work or landscaping for erosion control in the RHCA easement shall be approved by RHCA. Q. During construction, ' conformance with local ordinances and engineering practices so that people or property is not exposed to landslides, mudflows, erosion, or land subsidence shall be required. R. During construction, conformance with the air quality management district requirements, storm water pollution prevention practices, county and local ordinances and engineering practices so that people or property are not exposed to undue vehicle trips, noise, dust, objectionable odors, landslides, mudflows, erosion, or land subsidence shall be required. S. During and after construction, all parking shall take place on the project site. Any overflow parking during construction may be on the roadway easement adjacent to the property and shall not obstruct driveways or the road. 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. The property owners shall be required to conform to the Regional Water Quality Control Board and County Health Department requirements for the installation and maintenance of storm water drainage facilities. Further, the property owners shall be required to conform with the Regional Water Quality Control Board and County Public Works Department Best Management Practices (BMPs) related to solid waste. V. Perimeter easements and trails, if any, including roadway easements shall remain free and clear of any improvements including, but not be limited to, driveways, fences -including construction fences, 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. Resolution No. 1189 15 Portuguese Bend Rd. 5 • • 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. No final inspection or certificate of occupancy shall be issued, until it has been determined that the construction complies with the approved plans and the conditions set forth herein and building permits have been obtained for all construction, including the "as built" additions. Y. 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 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. Z. The applicants shall execute an Affidavit of Acceptance of all conditions of the Site Plan Review approval, or the approval shall not be effective. The Affidavit and the Resolution shall be recorded. AA. All conditions, when applicable, must be complied with prior to the issuance of a grading or building permit from the Building and Safety Department. PASSED, APPROVED AND ADOPTED THIS 22nd DAY OF AUGUST 2016. BEA DIERINGER MAYOR 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. Resolution No. 1189 15 Portuguese Bend Rd. 6 • • STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) §§ I certify that the foregoing Resolution No. 1189 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS APPROVING A VARIANCE TO ENCROACH INTO THE REQUIRED 20-FOOT SIDE -YARD SETBACK WITH EAVES AND BY 61-SQUARE FEET, DUE TO A 300- SQUARE FOOT ADDITION; APPROVING A MODIFIED SITE PLAN REVIEW FOR A RETAINING WALL GREATER THAN THREE FEET IN HEIGHT AND VARIANCES .TO ENCROACH INTO THE REQUIRED 20-FOOT SIDE -YARD SETBACK BY 12.5 FEET, DUE TO A SEVEN (7) FOOT HIGH RETAINING WALL THAT DOES NOT AVERAGE OUT TO 2.5 FEET IN HEIGHT; AND ACKNOWLEDGING THE WITHDRAWAL OF A SITE PLAN REVIEW AND VARIANCE TO CONSTRUCT A 6-FOOT HIGH WALL AND A 2-FOOT FLAT WALKWAY AROUND THE BUILDING ADDITION IN ZONING CASE NO. 880 AT 15 PORTUGUESE BEND ROAD (LOT 78-RH), ROLLING HILLS CA, (HASSOLDT). was approved and adopted at a regular meeting of the City Council on August 22, 2016 by the following roll call vote: AYES: Councilmembers Black, Mirsch, Wilson and Mayor Dieringer. NOES: None. ABSENT: None. ABSTAIN: Councilmember Pieper (recused). and in compliance with the laws of California was posted at the following: Administrative Offices. 48,111,thlw HEIDI LUCE CITY CLERK Resolution No. 1189 15 Portuguese Bend Rd. 7