920, Construct a walkway at bottom , Resolutions & Approval Conditions•
RESOLUTION NO. 2017-07
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW
FOR GRADING OF PATHWAYS ON A PROPERTY WITH A
RESTRICTED DEVELOPMENT CONDITION IMPOSED THROUGH A
PRIOR PROJECT IN ZONING CASE NO. 920 AT 37 CHUCKWAGON
ROAD. (LOT 19-CF) ROLLING HILLS, CA, (VAN NORTWICK).
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. Gerry Van Nortwick
requesting approval of a Site Plan Review to retain "as graded paths", which vary in
width from 8-feet to 12 feet and are located at the rear of the property. Approximately
4,776 square foot of surface area was disturbed to create the paths. The paths will have
permeable surface.
Section 2. The Planning Commission conducted duly noticed public hearings
to consider the application on April 18, 2017 at a field trip and at an evening meeting on
the same day. 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 were in attendance at the
public hearings. Several neighbors expressed concerns, and submitted correspondence,
about the graded paths and opined that the grading and removal of trees and
vegetation on the property altered the drainage course and the run-off from the January
2017 rains caused damage to their properties.
LA County Drainage and Grading Engineer provided that he cannot conclude
with certainty that the work at 37 Chuckwagon caused the damage and that in his
opinion .the drainage course has not been altered. He further stated that there is no
indication of a centralized flow on 37 Chuckwagon and the damage to the 'properties
was most' liekly caused by the extreme volume of run-offfrom the rains.
Section 3. The project is exempt from the California Environmental Quality
Act (CEQA) pursuant to CEQA Guidelines, Section 15304, Class 4 exemptions.
Section 4. The property is zoned RAS-1 and the gross lot area is 1.56 acres.
The net lot area is 1.34 acres or 58,458 square feet. The property is currently developed
with a 3,107 square foot residence, 528 square foot garage, 528 square foot pool/spa, 75
square foot pool equipment, 701 square foot trellis, 96 square foot service yard, and 104
square foot barbecue and fireplace area. In 2001, a Variance was granted to construct an
addition that would encroach into the side setback. At that time the Planning
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Commission imposed a condition on the property that any future development requires
Planning Commission review and approval. In 2016 the Planning Commission
approved the trellis with the same restrictive development condition.
Section 5. With respect to the Site Plan Review application for the graded
paths the Planning Commission makes the following findings of fact pursuant to
RHMC 17.46.010:
A. The proposed development is compatible 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 paths are located to the rear of the residence and follow
and maintain the natural terrain. The maximum 2.5' -3' tall stacked walls will blend
with the adjacent slope due to planting of native and water -wise vegetation. The paths
are relatively small in terms of area of the lot and these improvements amid the natural
environment, are a common amenity enjoyed by property owners throughout the City.
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 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 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. More
specifically, the plan substantially preserves the natural and undeveloped state of the
lot in that the terraced areas will be landscaped and will have a natural appearance. In
addition, the improvements being relatively small scale will not cause the lot to look
unnatural and significant portions of the lot will be left undeveloped so as to maintain.
open space and the natural rolling hill terrain.
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 the neighborhood, as it is on a large (2.3 acre) lot.
The lot coverage maximums set forth in the Zoning Code will not be exceeded.
D. As part of this approval, drainage courses will be studied and reviewed
by the Building Department to ascertain that the drainage course has not been altered.
E. The project preserves much of the existing vegetation on the lot and will
introduce drought -tolerant native 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 landscaping plan has been filed
with the City.
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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 will not interfere with community
trails.
Section 6. Based upon the foregoing findings, the Planning Commission
hereby approves the Site Plan Review in Zoning Case No. 920 for graded paths subject
to the following conditions:
A. The Site Plan Review approval, shall expire within two years from the,
effective date of approval if construction pursuant to this approval has not been
completed and graded slopes landscaped within that time period, as required by
Section 17.46.080 of the Rolling Hills MunicipalCode, or the approval granted is
otherwise' extended pursuant to the requirements of these sections.
B. If any condition of this resolution is violated, the entitlement granted by
this resolution shall be suspended and the privileges granted hereunder shall lapse and
upon receipt of written notice from the City, all construction work being performed on
the subject property shall immediately cease, other than work determined by the City
Manager or his/her designee required to cure the violation. The suspension and stop
work order will be lifted once the Applicant cures the violation to the satisfaction of the
City Manager or his/her designee. In the event that the Applicant disputes the City
Manager or his/ her designee's determination that a violation exists or disputes how the
violation must be cured, the Applicant may request a hearing before the . City
Council. The hearing shall be scheduled at the next regular meeting of the City Council
for which the agenda has not yet been posted; the Applicant shall be provided written
notice of the hearing. The stop work order shall remain in effect during the pendency
of the hearing. The City Council shall make a determination as to whether a violation
of this Resolution has occurred. If the Council determines that a violation has not
occurred or has been cured by the time of the hearing, the Council will lift the
suspension and the stop work order. If the Council determines that a violation has
occurred and has not yet been cured, the Council shall provide the Applicant with a
deadline to cure the violation; no construction work shall be performed on the property
until and unless the, violation is cured by the deadline, other than work designated by
the Council to accomplish the cure. If the violation is not cured by the deadline, the
Council may either extend the deadline at the Applicant's request or schedule a hearing
for the revocation of the entitlements granted by this Resolution pursuant to. Chapter
17.58 of the Rolling Hills Municipal Code (RHMC).
C. All requirements of the Building and Construction Ordinance, the Zoning
Ordinance, LA County Building Code and of the zone in which the subject property is
located must be complied with unless otherwise set forth in the Permit, or shown
otherwise on an approved plan.
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D. The conditions of approval specified herein shall be printed on the plans
submitted to the building department for plan check and permitting and shall be
available at all time at the construction site.
E. The lot shall be developed and maintained in substantial conformance
with the site plan on file dated February 28, 2017, including the landscaping, 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.
F. , A grading and drainage plan shall be submitted and approved by the
Building and Safety Department, and a grading permit obtained. If drainage facilities
are required, the property owners at all times, shall maintain the drainage devices in
good working condition and free of debris and vegetation.
G. Prior to submittal of . final working drawings for the grading and
drainage to the Building and Safety Department, 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.
H. The person obtaining a grading permit for this project shall execute a
Certificate of Construction stating that the project will be constructed and landscaped
according to this Resolution and any plans approved therewith.
I. There shall be no additional grading for this project; the "as graded"
condition for the paths and short, not to exceed stack retaining walls are hereby
approved.
J. Disturbance for structures, both existing and proposed including the
future stable, corral and access shall not exceed 38.9%
K. Should any lighting be installed, the applicant shall comply with all
requirements of the Lighting Ordinance of the City of Rolling Hills.
L. During construction, the project shall conform to and implement all
applicable requirements of the South Coast Air Quality Management District, Los
Angeles County and local ordinances and engineering practices so that people or
property are not exposed to undue vehicle trips, noise, dust, and objectionable odors.
M. During construction, all parking shall take place on the project site and,
if necessary, any overflow parking shall take place within nearby unimproved roadway
easement adjacent to subject site. There shall be no blocking of adjacent driveways or of
the roadway easement for passage of pedestrians and equestrians. To the maximum
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extent feasible, employees of the contractor shall be encouraged to car-pool to and from
the City.
N. 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.
O. 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 drainage and storm water management.
P. Perimeter 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 RHCA.
Q. 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.gov/lox/main.uhu?suite=safety&vase=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.
R. Until the applicants execute an Affidavit of Acceptance of all conditions
of this approval, the approvals shall not be effective. Such affidavit shall be recorded
together with the resolution.
S. The property on which the project is located shall contain an area of ,
minimum of 1,000 square feet to provide an area meeting all standards for a stable (450
square feet) and corral (550 square feet) with access thereto.
T. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills
Municipal Code, any modification to this project or additional development or
grading on the property, shall require the filing of a new application for approval by
the Planning Commission, except as permitted in Section 17.46.040C.
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PASSED, APPROVED AND ADOPTED THIS 16th DAY OF MAY 2017.
CHLF"CRM
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.
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS)
I certify that the foregoing Resolution No. 2017-07 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR
GRADING OF PATHWAYS ON A PROPERTY WITH A RESTRICTED
DEVELOPMENT CONDITION IMPOSED THROUGH A PRIOR PROJECT IN
ZONING CASE NO. 920 AT 37 CHUCKWAGON ROAD. (LOT 19-CF)
ROLLING HILLS, CA, (VAN NORTWICK)
was approved and adopted at a regular meeting of the Planning Commission on
May 16TH, 2017 by the following roll call vote:
AYES: Commissioners Cardenas, Cooley, Seaburn 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.
4(1,6 Cu)
HEIDI LUCE
CITY CLERK
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