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920, Construct a walkway at bottom , Staff Reports• • 64 al RAO, sg, qe& INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No.: 5-A Mtg. Date: 06/12/17 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR THRU: RAYMOND R. CRUZ, CITY MANAGER 0144 SUBJECT: 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). RECOMMENDATION, REQUEST AND PLANNING COMMISION ACTION 1. It is recommended that the City Council receive and file this report or provide other direction to staff. 2. The applicants Mr. and Mrs. Van Nortwick request a Site Plan Review to maintain as graded 8'-12' wide pathways at the rear of the residence and legalize the grading for the pathways at 37 Chuckwagon Road. In addition, a condition was placed on the property with previous approvals that require Planning Commission's review of any construction or grading on the property. 3. The Planning Commission adopted Resolution No. 2017-07 approving the project by 4-0-1 vote, with Commissioner Kirkpatrick absent and excused. They found that the project is not in conflict with Rolling Hills regulations and the goals and policies of the general plan; that it is a common desire in the City for owners with large and / or steep lots to be able to access the remote areas of ones property and plant fruit trees. The Planning Commission required that a drainage and grading plan be prepared and submitted to the Building Department, and if required, drainage remediated. The applicant has already prepared a drainage plan and submitted to the Building Dept. for review, subject to City Council decision. BACKGROUND 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. 5. In 2001, when the prior owners requested a Variance for an addition to the residence that encroached into the side yard setback a "No Further Development" without Planning Commission review and approval condition was placed on the property. In 2016 the Planning Commission approved a trellis with the same restrictive development condition. However, regardless of the condition, the graded paths require a Site Plan Review. 6. The applicant has cleared the rear of the property of the vegetation and graded an 8'-12' wide switchback path from the existing level area below the residence to the rear of the property. 4,776 square foot area was graded and between 1' to 3' high garden walls constructed along portions of the path. 7. The subject property abuts to properties on Poppy Trail and following the January 2017 rains the residents contacted city staff that they believe the removal of vegetation at the rear of 37 Chuckwagon and grading of paths altered the drainage course and during the recent heavy rains caused flooding and damage to their properties. Staff and the LA County Grading and Drainage engineer visited the properties and observed the situation. At that time the grading and drainage engineer determined that it is very unlikely that the work done on 37 Chuckwagon caused the erosion and flooding. Staff determined that the scope of work performed at 37 Chuckwagon requires Planning Commission review and informed the property owners, who immediately submitted a request for a Site Plan Review to the City. Prior to the Planning Commission meetings, two property owners on Poppy Trail submitted letters expressing their concerns about the drainage, which are enclosed. The LA County Drainage Engineer was present at the Planning Commission meeting and addressed the issue. He contended 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 ZC NO. 920 - 37 Chuckwagon Rd. • • 37 Chuckwagon and the damage to the properties was most likely caused by the extreme volume of run-off from the rains in late January. MUNICIPAL CODE COMPLIANCE 8. The grading for the paths increased the disturbance of the lot from 30.8% to 38.9%, which is less than the maximum permitted of 40%. No other development standards have changed from the prior application: • Structural coverage remains at 9.6% • Total coverage remains at 18.6% (the paths will have pervious surface -or remain dirt) • Residential building pad coverage is at 33.2% • Future stable pad coverage would be at 14% (3,198 sq.ft. set aside pad) 9. Future access to the future stable is proposed from the existing property's driveway and will consist of decomposed granite. 10. In the application, the property owner states that he removed overgrown brush, dead vegetation and trees and trimmed many of the existing trees in order to create a functional and visually appealing area at the rear of the residence. He states that the drainage was not altered. 11. When reviewing a development application the Planning Commission consider whether the proposed project meets the criteria for Site Plan Review, enclosed. 12. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA), Class 4. SITE PLAN REVIEW CRITERIA 17.46.010 Purpose. The site plan review process is established to provide discretionary review of certain development projects in the City for the purposes of ensuring that the proposed project is consistent with the City's General Plan; incorporates environmentally and aesthetically sensitive grading practices; preserves existing mature vegetation; is compatible and consistent with the scale, massing and development pattern' in the immediate project vicinity; and otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills. 17.46.050 Required findings. A. The Commission shall be required to make findings in acting to approve, conditionally approve, or deny a site plan review application. B. No project which requires site plan review approval shall be approved by the Commission, or by the City Council on appeal, unless the following findings can be made: ZC NO. 920 - 37 Chuckwagon Rd. • • 2. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. Lot coverage requirements are regarded as maximums, and the actual amount of lot coverage permitted depends upon the existing buildable area of the lot; 3. The project is harmonious in scale and mass with the site, the natural terrain and surrounding residences; 4. The project preserves and integrates into the site design, to the greatest extent possible, existing topographic features of the site, including surrounding native vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls); 5. Grading has been designed to follow natural contours of the site and to minimize the amount of grading required to create the building area; 6. Grading will not modify existing drainage channels nor redirect drainage flow, unless such flow is redirected into an existing drainage course; 7. The project preserves surrounding native vegetation and mature trees and supplements these elements with drought -tolerant landscaping which is compatible with and enhances the rural character of the community, and landscaping provides a buffer or transition area between private and public areas; 8. The project is sensitive and not detrimental to the convenient and safe movement of pedestrians and vehicles; and 9. The project conforms to the requirements of the California Environmental Quality Act. ZC NO. 920 - 37 Chuckwagon Rd. -(14) • • 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-off from 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 Reso. 2017-07 37 Chuckwagon Rd. 1 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. Reso. 2017-07 37 Chuckwagon Rd. 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 Municipal Code, 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. Reso. 2017-07 37 Chuckwagon Rd. 3 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 Reso. 2017-07 37 Chuckwagon Rd. 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: http://www.wrh.noaa.govilox/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. 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. Reso. 2017-07 37 Chuckwagon Rd. PASSED, APPROVED AND ADOPTED THIS 16th DAY OF MAY 2017. B" A P CH L F, CIRM 7ICT ATTEST: Xs / HEIDI LUCE, CITY CLERK Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure Section 1094.6. Reso. 2017-07 37 Chuckwagon Rd. 6 • • 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. Reso. 2017-07 37 Chuckwagon Rd. 7 4et 4/1, FV�rc)1J HEIDI LUCE CITY CLERK • i THIS PAGE INTENTIONALLY LEFT BLANK April 11, 2017 Re: Zoning Case No 920 Dear Members of the Planning Commission: t• Ara 12 2017 City of Rotting Hills By It is our understanding that the owners of 37 Chuckwagon wish to grade paths on their property. As neighbors who live downhill from 37 Chuckwagon, we wish to ensure that adequate drainage is provided. We have been residents of 11 Poppy Trail since 1993 and in that time, which included a number of El Nino seasons, have not experienced runoff from the hillside. During this stormy and heavy rainy season, we have observed pooling of water in our trash enclosure and a rivulet of water draining down our driveway. Concerned about flooding, we traced the source of the water to runoff from recently created pathways on the property above us at 37 Chuckwagon. We have taken pictures of the runoff from 37 Chuckwagon and would be happy to share them.with the planning commision. In order to prevent future runoff and possible hillside failure, we would appreciate a professional drainage plan that would divert drainage away from Poppy Trail properties. Sincerely, Ram and Roopa Reddy • Wednesday, April 12, • 3:21:31 AM Pacific Daylight Time Subject: 37 Chuckwagon Date: Wednesday, April 12, 2017 7:03:19 AM Pacific Daylight Time From: Dianne U <dianneullmann@gmail.com> To: Yolanta Schwartz <ys@cityofrh.net> Dear City of Rolling Hills, 37 Chuckwagon has already done grading on the hillside creating a drainage situation where more water drains onto our properties than drained there before. The properties that are effected are below 37 Chuckwagon at 11, 14 and 18 Poppy Trail, All three properties have noticed increase issues with drainage since the work has been done uphill. We are very concerned about the new grading for the vehicle pathways affecting our property even more. They have cleared most all vegetation from the hillside. We are requesting a drainage study or maybe a drain that dumps the water onto our street instead of our property. Also that they use plantings/ground cover between the vehicle pathways and on the hillside that will reduce the probabilities of any more drainage issues. Thank you, Jeff and Dianne Ullmann 14 Poppy Trail 01. APR. 12 2017 City off' oli�nc ti�Il:. By .�.. Page 1 of 1 TO: FROM: Reaat, qeo INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No.: 6A Mtg. Date: 5-16-17 HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR./ APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: ZONING CASE NO. 920 37 CHUCKWAGON ROAD (19-CF) RA-S-1, 1.56 ACRES (GROSS) MR. AND MRS. VAN NORTWICK NONE APRIL 6, 2017 REQUEST AND RECOMMENDATION, 1. The applicants Mr. and Mrs. Van Nortwick requested a Site Plan Review to maintain as graded 8' -10' wide pathways at the rear of the residence and to legalize the grading for such paths. A condition was placed on the property by previous approvals that require Planning Commission to review any construction or grading on the property. 2. The Planning Commission visited the site and held public hearings on April 18, 2017 and at the evening meeting of April 18 directed staff to prepare a Resolution of approval for consideration at the May 16, 2017 meeting. 3. It is recommended that the Planning Commission review and consider the attached Resolution 2017-07 for adoption. Other than the standard conditions of approval, the Planning Commission requires that grading and drainage be reviewed by LA County Grading and Drainage Section and if required drainage devices installed on the property. Z.C. No. 920 C7) • THIS PAGE INTENTIONALLY LEFT BLANK 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-off from 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 Reso. 2017-07 37 Chuckwagon Rd. 1 • • 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 bufferor transition area between private and public areas. A landscaping plan has been filed with the City. Reso. 2017-07 37 Chuckwagon Rd. 2 ® • • 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 Municipal Code, 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. Reso. 2017-07 37 Chuckwagon Rd. • • 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 Reso. 2017-07 37 Chuckwagon Rd. 4 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: 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. 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. Reso. 2017-07 37 Chuckwagon Rd. • • PASSED, APPROVED AND ADOPTED THIS 16th DAY OF MAY 2017. BRAD CHELF, CHAIRMAN 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. Reso. 2017-07 37 Chuckwagon Rd. 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: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices. CITY CLERK Reso. 2017-07 37 Chuckwagon Rd. TO: "( 0-1 Re ilia, qe e, INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No.: 7B Mtg. Date: 4-18-17 HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: ZONING CASE NO. 920 37 CHUCKWAGON ROAD (19-CF) RA-S-1, 1.56 ACRES (GROSS) MR. AND MRS. VAN NORTWICK NONE APRIL 6, 2017 REQUEST AND RECOMMENDATION 1. The applicants Mr. and Mrs. Van Nortwick request a Site Plan Review to maintain as graded 8' wide pathways at the rear of the residence and to legalize the grading. A condition was placed on the property by previous approval that require Planning Commission to review any construction or grading on the property. 2. The Planning Commission visited the site earlier in the morning and held a public hearing in the field. It is recommended that the Planning Commission continue the public hearing and provide direction to staff. BACKGROUND 3. 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. Z.C. No. 920 4. In 2001, when the prior owners requested a Variance for an addition to the residence that encroached into the side yard setback a "No Further Development" condition without Planning Commission review and approval was placed on the property. In 2016 the Planning Commission approved the trellis with the same restrictive development condition. However, regardless of the condition, the graded paths require a Site Plan Review. 5. The applicant has cleared the rear of the property of the vegetation and graded an 8'-wide switchback path from the existing level area below the residence to the rear of the property. 4,776 square foot area was graded and between 1' to 3' high garden walls constructed along portions of the path. 6. The subject property abuts properties on Poppy Trail and the residents of Poppy Trail believe that the denuding of the rear of 37 Chuckwagon and the grading of the paths altered the drainage course and during the recent heavy rains caused flooding and damage on their properties. Letters from two property owners on Poppy Trail are enclosed. Following the rains, staff and LA County Drainage Engineer inspected the properties and observed the erosion on two properties and was informed of flooding on one property. The Drainage Engineer will be present at the Planning Commission meeting to answer questions. MUNICIPAL CODE COMPLIANCE 7. The grading for the paths increased the disturbance of the lot from 30.8% to 38.9%, which is less than the maximum permitted of 40%. No other development standards have changed from the prior application: • Structural coverage remains at 9.6% • Total coverage remains at 18.6% (the paths will have pervious surface -or remain dirt) • Residential building pad coverage is at 33.2% • Future stable pad coverage would be at 14% (3,198 sq.ft. set aside pad) 8. Future access to the future stable is proposed from the existing property's driveway and will consist of decomposed granite. 9. In the application, the property owner states that he removed overgrown brush, dead vegetation and trees and trimmed many of the existing trees in order to create a functional and visually appealing area at the rear of the residence. He states that the drainage did not change and the existing dissipaters will remain. Z.C. No. 920 • .• 10. When reviewing a development application the Planning Commission must consider whether the proposed project meets the criteria for Site Plan Review, enclosed. 11. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA), Class 3. SITE PLAN REVIEW CRITERIA 17.46.010 Purpose. The site plan review process is established to provide discretionary review of certain development projects in the City for the purposes of ensuring that the proposed project is consistent with the City's General Plan; incorporates environmentally and aesthetically sensitive grading practices; preserves existing mature vegetation; is compatible and consistent with the scale, massing and development pattern in the immediate project vicinity; and otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills. 17.46.050 Required findings. A. The Commission shall be required to make findings in acting to approve, conditionally approve, or deny a site plan review application. B. No project which requires site plan review approval shall be approved by the Commission, or by the City Council on appeal, unless the following findings can be made: 1. The project complies with and is consistent with the goals and policies of the general plan and all requirements of the zoning ordinance; 2. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. Lot coverage requirements are regarded as maximums, and the actual amount of lot coverage permitted depends upon the existing buildable area of the lot; 3. The project is harmonious in scale and mass with the site, the natural terrain and surrounding residences; 4. The project preserves and integrates into the site design, to the greatest extent possible, existing topographic features of the site, including surrounding native vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls); 5. Grading has been designed to follow, natural contours of the site and to minimize the amount of grading required to create the building area; 6. Grading will not modify existing drainage channels nor redirect drainage flow, unless such flow is redirected into an existing drainage course; 7. The project preserves surrounding native vegetation and mature trees and supplements these elements with drought -tolerant landscaping which is compatible with and enhances the rural character of the community, and landscaping provides a buffer or transition area between private and public areas; 8. The project is sensitive and not detrimental to the convenient and safe movement of pedestrians and vehicles; and 9. The project conforms to the requirements of the California Environmental Quality Act. Z.C. No. 920 April 11, 2017 Re: Zoning Case No 920 Dear Members of the Planning Commission: rv7,. E ;;,,,'• E... N :^ . . Ea D APR. 12 2017 City of Roiling Hills By It is our understanding that the owners of 37 Chuckwagon wish to grade paths on their property. As neighbors who live downhill from 37 Chuckwagon, we wish to ensure that adequate drainage is provided. We have been residents of 11 Poppy Trail since 1993 and in that time, which included a number of El Nino seasons, have not experienced runoff from the hillside. During this stormy and heavy rainy season, we have observed pooling of water in our trash enclosure and a rivulet of water draining down our driveway. Concerned about flooding, we traced the source of the water to runoff from recently created pathways on the property above us at 37 Chuckwagon. We have taken pictures of the runoff from 37 Chuckwagon and would be happy to share them with the planning commision. In order to prevent future runoff and possible hillside failure, we would appreciate a professional drainage plan that would divert drainage away from Poppy Trail properties. Sincerely, Ram and Roopa Reddy • Wednesday, April 12,017 8:21:31 AM Pacific Daylight Time Subject: 37 Chuckwagon Date: Wednesday, April 12, 2017 7:03:19 AM Pacific Daylight Time From: Dianne U <dianneullmann@gmail.com> To: Yolanta Schwartz <ys@cityofrh.net> Dear City of Rolling Hills, 37 Chuckwagon has already done grading on the hillside creating a drainage situation where more water drains onto our properties than drained there before. The properties that are effected are below 37 Chuckwagon at 11, 14 and 18 Poppy Trail. All three properties have noticed increase issues with drainage since the work has been done uphill. We are very concerned about the new grading for the vehicle pathways affecting our property even more. They have cleared most all vegetation from the hillside. We are requesting a drainage study or maybe a drain that dumps the water onto our street instead of our property. Also that they use plantings/ground cover between the vehicle pathways and on the hillside that will reduce the probabilities of any more drainage issues. Thank you, Jeff and Dianne Ullmann 14 Poppy Trail RECEEVE APR 12 2017 City bi t-i tls Page 1 of: