none, Request for geological explora, Resolutions & Approval ConditionsRESOLUTION NO. 2014-07
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 AND A
SWIMMING POOL AND A CONDITIONAL USE PERMIT FOR
CONSTRUCTION OF A STABLE AND CORRAL, IN ZONING CASE NO.
846, 11 UPPER BLACKWATER CANYON ROAD, (LOT 99-B-RH), (HANG JA
YOO). THE PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY
FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was duly filed by Mr. Hang Ja Yoo with respect to real
property located at 11 Upper Blackwater Canyon Road, Rolling Hills (Lot 99-B-RH) requesting
a site plan review for grading of 5,385 cubic yards of cut and 4,137 cubic yards of fill and
construction of 10,175 square foot residence with 1,566 square foot garage, 1,694 square feet of
covered porches, including Porte Cochere, 8,900 square foot basement, 1,306 square foot
swimming pool, 117 square feet service yard, 185 square feet water feature, 200 square feet
outdoor barbeque area and 105 square feet pool equipment area. Approximately 704 cubic
yards of dirt is proposed to be spread over the 19,000 square foot flat corral and stable area.
This pad will be raised by one foot. Approximately 1,248 cubic yards of dirt will be left over
and will be exported. A Conditional Use Permit is requested for the construction of a 890
square foot single story stable with 750 square foot covered porch and over 16,600 square foot
corral.
Section 2. The Planning Commission conducted duly noticed public hearings to
consider the application at their regular meetings on October 15, 2013, November 19, 2013,
December 17, 2013, February 18, 2014, and March 18, 2014 and in the field on November 19,
2013, February 18, 2014, March 18, 2014 and on April 15, 2014. Neighbors within 1,000-foot
radius were notified of the public hearings and a notice was published in the Peninsula News
on October 3, 2013. The applicant and his agent were notified of the public hearings in writing
by first class mail and the agent was in attendance at the hearings. Evidence was heard and
presented from all persons interested in affecting said proposal, including neighbors at 9 and 6
Upper Blackwater Canyon Road, 1 Sagebrush Lane and 32 Middleridge Lane South, and from
members of the City staff and the Planning Commission have reviewed, analyzed and studied
said proposal.
Section 3. The property is zoned RAS-2 and the lot area excluding the roadway
easement is 9.2 acres. For development purposes the net lot area of the lot is 373,676 square
feet or 8.58 acres. Records show that 3,200 square foot house with 500 square foot garage was
constructed in 1951; the swimming pool, cabana and the stable were constructed in 1957.
Section 4. During the course of the review, the Planning Commission expressed
concerns regarding size of the proposed house, disturbance of a natural drainage course and
11 Upper Blackwater Canyon Rd. 1
alteration and the necessity to fill the deep canyon at the northeastern portion of the lot,
massiveness of the structure and privacy of neighbors.
Addressing the Planning Commission concerns and suggestions, the applicant ,scaled and
revised the project several times, as evidenced by the many hearings that were conducted on
this case.
Section 5. The Planning Commission finds that the project qualifies as a Class 3
Exemption, and is therefore categorically exempt from environmental review under the
California Environmental Quality Act.
Section 6. Section 17.46.030 requires a development plan to be submitted for site
plan review and approval before any development requiring a grading permit or any building
or structure may be constructed. With respect to the Site Plan for grading and the new
residence the Planning Commission makes the following findings of fact:
A. The proposed development, which includes the residence, garage, basement,
stable and pool, 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 setbacks to provide buffers between residential uses. The
project conforms to Zoning Code setback requirements and no variances are required for
setbacks. The proposed project is screened from the road so as to reduce the visual impact of
the development.
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, has 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
construction will be constructed largely on an existing building pad, 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 permit the owners to enjoy their property without deleterious
infringement on the rights of surrounding property owners. The lot is over 9 acres in size and
no more than 25.6% is proposed to be disturbed, with the remaining of the lot left in natural
state.
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 new
residences in the vicinity of said lot, located on much smaller lots. The proposed project will
follow the pattern and style of the original residence. Significant portions of the lot will be left
undeveloped. The project will be screened from the road and all neighbors. During the review
process, at suggestions from the Planning Commission and addressing the neighbors'
concerns, the applicant scaled down the grading areas and the project in general to retain as
much of the natural terrain as possible in the vicinity of the building pad.
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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.
E. The proposed development is sensitive and not detrimental to the convenience
and safety of circulation for pedestrians and vehicles because the project will utilize the
existing driveway, which will be slightly widened as required by the Fire Department with
minimal grading or disturbance.
F. The project is exempt from the requirements of the California Environmental
Quality Act.
Section 7. Section 17.18 of the Rolling Hills Municipal Code permits approval of a
stable over 200 square feet and a corral over 550 square feet, provided the Planning
Commission approves a Conditional Use Permit. With respect to this request for a Conditional
Use Permit, 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 conditional use permit and
may, with such conditions as are deemed necessary, approve a conditional use which will not
jeopardize, adversely affect, endanger or 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 construction of the stable and
corral would be consistent with the purposes and objectives of the Zoning Ordinance and
General Plan because the use is consistent with similar uses in the community, meets all the
applicable code development standards for a stable and corral, and the area is located in an
area on the property that is adequately sized to accommodate the stable and adjoining corral.
The proposed structure is appropriately located in that it will be sufficiently separated from
nearby structures used for habitation or containing sleeping quarters.
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 stable and corral orientation is not
towards neighbors and its general location is of sufficient distance from nearby residences so
as to not impact the view or privacy of surrounding neighbors. The proposed stable and corral
are to be located largely on an already graded area, therefore preserving the natural terrain of
the remaining of the property.
D. The project is harmonious in scale and mass with the site, the natural terrain, and
surrounding residences because the stable complies with the low profile residential
development pattern of the community and will not give the property an over -built look, and
the corral area will remain open and unobstructed. The lot is over 9 acres in size and is
sufficiently large to accommodate the proposed structure.
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E. The proposed conditional use complies with all applicable development
standards of the zone district and requires a Conditional Use Permit pursuant to Section 17.18
of the Zoning Ordinance.
F. The proposed conditional use is 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 8. Based upon the foregoing findings and the evidence in the record, the
Planning Commission hereby approves the Site Plan Review and Conditional Use Permit for
grading of 5,385 cubic yards of cut and 4,137 cubic yards of fill and construction of 10,175
square foot residence with 1,566 square foot garage, 1,694 square feet of covered porches,
including Porte Cochere, 8,900 square foot basement, 1,306 square foot swimming pool, 117
square feet service yard, 185 square feet water feature, 200 square feet outdoor barbeque area
and 105 square feet pool equipment area. Approximately 704 cubic yards of dirt is proposed to
be spread over the 19,000 square foot flat corral and stable area. This pad will be raised by one
foot. 1,248 cubic yards of dirt will be left over and will be exported. A Conditional Use Permit
is requested for the construction of a 890 square foot single story stable with 750 square foot
covered porch and over 16,600 square foot corral in Zoning Case No. 846 with the following
conditions:
A. The approval shall expire within two years from the effective date of approval as
defined in Sections 17.46.080(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.
The conditions of approval specified herein shall be printed on the construction plans
submitted to the RHCA and building department for plan check and permitting.
C. All requirements of the LA County Building Code and the City of Rolling Hills
Zoning Ordinance including outdoor lighting requirements, roofing material requirements,
stable and corral requirements and all other requirements of the zone in which the subject
property is located shall be complied with, unless otherwise set forth in this approval.
D. The project shall be developed and maintained in substantial conformance with
the plans on file in the City Planning Department dated April 9, 2014. The size of the structures
shall be measured from the outside finished walls of the structures.
E. Prior to submittal of final working drawings to the Building and Safety
Department for issuance of building permits, the plans for the project shall be submitted to
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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. The stable uses and interior and exterior design are subject to the requirements of
Section 17.18.060 of the Zoning Ordinance. The surface of the corral, paddock and areas
adjacent to the agricultural portion of the stable shall remain permeable at all times, and may
not be paved or be covered with pavers.
H. This project, including all hardscape and landscaping shall be reviewed and
approved by the RHCA. Any deviations to this project that the RHCA may recommend or
request, which would trigger additional grading, require additional walls or affect any of the
herein approved development shall be submitted for review to the Planning Commission.
I. Structural lot coverage shall not exceed 16,603 square feet or 4.4% (with the
allowable deductions), in conformance with structural lot coverage limitations and includes
the stable.
J. Total lot coverage of structures and paved areas shall not exceed 38,193
square feet or 10.2 % in conformance with lot coverage limitations.
K. The entire motor court and parking area surface shall consist of pavers set in
sand. Cemented edges may be allowed. Manufacturers specifications shall be submitted to the
City for the surface material verifying that by industry standards the surface utilized is
considered permeable.
L. The disturbed area of the lot shall not exceed 95,891 square feet or 25.6% in
conformance with disturbed area limitations. Two not to exceed 4' high retaining walls may be
constructed at the limit of grading for the building pad along the eastern portion of the
development. The retaining walls shall range in height from a 6" curb to 4'.
M. Residential building pad coverage on the 50,075 square foot residential building
pad shall not exceed 14,091 square feet or 28.2%, excluding the allowed deductions.
N. A survey of the existing grade at the residence and the stable and corral area is to
be submitted to the City prior to grading. Grading shall not exceed of 5,385 cubic yards of cut
and 4,137 cubic yards of fill of which 1,248 cubic yards may be exported and 704 cubic yards
may be spread on the already graded corral area; but not to elevate that pad by more than 1-
11 Upper Blackwater Canyon Rd. 5
foot. A third party engineer at the applicant's expense shall certify final grading and pad
elevation. The City shall select the engineer.
O. The finished grade of the residence shall be at 862 feet or two feet lower than the
existing residence, and the finished floor of the residence shall be at 863 feet and shall be
certified based on a survey required in condition "N" above. The project at its highest
ridgeline shall not exceed 20'10" from the finished grade and 19'10" from the finished floor.
The basement shall not be higher than 11'3". A third party engineer, at the applicant's
expense, shall certify final finished grade, floor elevation and ridgeline of the residence.
The City shall select the engineer.
P. Prior to granting a final inspection and/or certificate of occupancy, all utility
lines shall be placed underground.
Q. This project is subject to the City's Low Impact Development Ordinance, due to
land development activities for construction of a single-family residence where one acre or
more of land is disturbed and where the project adds 10,000 square feet or more of impervious
area. (Chapter 8.32 of the Rolling Hills Municipal Code).
R. This project is subject to the requirements of the "Construction General Permit"
for storm discharges associated with land disturbance under the NPDES General Permit law.
S. The pool and spa shall meet pool barrier/enclosure requirements per the LA
County Building Code.
T. The pool and spa shall not exceed 1,306 square feet as measured at the water line.
U. A drainage plan shall be prepared and submitted to City Staff prior to issuance
of a construction permit. Such plan shall be subject to County Code requirements.
V. As part of the soils and geology report, location for a future septic tank to serve
the new single-family residence will be established. All applicable State and County
requirements, including County Health Department, pertaining to septic tanks construction
and maintenance shall be complied with.
W. The applicants shall comply with requirements for bonding for grading and all
other requirements resulting from the review of the soils and geology reports.
X. The pool equipment shall be screened; if by a solid wall, the wall shall not exceed
4 feet in height at any point from finished grade. Sound attenuating equipment shall be
installed to dampen the sound. The swimming pool equipment shall utilize the most quiet and
technologically advanced equipment to dampen the sound.
Y. Landscaping shall be designed using large box trees and shrubs, in a manner as
not to obstruct views from neighboring properties but to obscure the residence, the swimming
pool area, the parking area, the light well walls and the stable from the neighbors and from the
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roadway. At planting the trees shall be staggered (off set), so that they not result in hedge like
configuration, but have solid plantings between the trunks of trees.
Special consideration shall be given to screening the development from the adjacent
property to the east (Waters' property). Prior to planting below the northeastern portion of the
building pad, the applicants shall consult the Waters to assure them that the conditions of
approval of this Resolution are being followed.
Immediately upon completion of grading, the slopes and graded areas shall be
vegetated with large trees and shrubs, equivalent to 24" planting boxes to screen the
construction site and to prevent erosion. Except that the slope directly in line with the Waters'
property shall be planed with plants equivalent to 36" boxes, and which at planting shall be
20' high.
All of the new trees and shrubs at any time shall not exceed the ridge height of the
residence.
The landscaping shall be in substantial compliance with the plan submitted and dated
April 9, 2014. In addition, several additional trees shall be planted along the eastern portion of
the lot towards the front setback, but not in easements. Type and location of trees may be
amended by the Fire Department. The City's landscaping consultant, and RHCA Landscaping
Committee, in addition to the Fire Department, shall review the landscaping plan.
Z. The landscaping shall be subject to the requirements of the City's Water Efficient
Landscape Ordinance. Two copies of landscaping and irrigation plans for the property,
including all slope areas, staging and stock piling areas shall be submitted for review by the
Planning Department prior to obtaining a grading permit. The landscaping shall include water
efficient plants and irrigation that incorporates a low gallonage irrigation system, utilizes
automatic controllers, incorporates an irrigation design using "hydrozones," considers slope
factors and climate conditions in design, and utilizes means to reduce water waste resulting
from runoff and overspray.
A landscaping bond in the amount of the cost estimate of the implementation of the
landscaping plan and irrigation plan plus 15% shall be required to be deposited with the City
prior to issuance of grading permit and shall be retained with the City for not less than two
years after landscape installation. After the two years, upon request of the applicant, the
retained bond will be released by the City only after staff determines that the landscaping was
installed pursuant to the landscaping plan as approved, and that such landscaping in properly
established and in good condition.
AA. Prior to demolition of the existing structures, an investigation shall be conducted
for the presence of hazardous chemicals, lead -based paints or products, mercury and asbestos -
containing materials (ACMs). If hazardous chemicals, lead -based paints or products, mercury
or ACMs are identified, remediation shall be undertaken in compliance with California
environmental regulations and policies.
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AB. Minimum of 50% of the demolition and construction materials must be
recycled/diverted. A Construction and Demolition (C & D) permit shall be obtained by the
hauling contractor and proof of recycling submitted to staff.
AC. The property owner and/or his/her contractor/applicant 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:
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.
AD. Drainage dissipater shall be constructed outside of any easements, unless
approved by the RHCA. The drainage system shall be approved by the Department of
Building and Safety. If an above ground swale and/or dissipater is required, it shall be
designed in such a manner as not to cross over any equestrian trails or discharge water onto a
trail, shall be stained in an earth tone color, and shall be screened from any trail, road and
neighbors' view to the maximum extent practicable, without impairing the function of the
drainage system.
AE. During construction, dust control measures shall be used to stabilize the soil
from wind erosion and reduce dust and objectionable odors generated by construction
activities in accordance with South Coast Air Quality Management District, Los Angeles
County and local ordinances and engineering practices.
AF. 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.
AG. 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.
AH. During construction, an Erosion Control Plan containing the elements set forth in
Section 7010 of the 2013 County of Los Angeles Uniform Building Code shall be followed to
minimize erosion and to protect slopes and channels to control storm water pollution.
AI. During and after construction, all parking shall take place on the project site. Any
overflow parking may be on the adjacent roadway easements but shall not obstruct driveways
or the road.
AJ. 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.
11 Upper Blackwater Canyon Rd. 8
AK. 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.
AL. Perimeter easements, including roadway easements and trails, if any, 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 if approved by the RHCA.
AM. The side property lines, side easement lines and side setback lines in the area of
the construction shall be staked and remain delineated and/or staked during the entire
construction process.
AN. Any modification to the project or future development on the property,
including but not be limited to increase in grading quantities, limits of grading or disturbed
area or additional structures shall be reviewed by the Planning Commission, pursuant to
Section 17.46.040C of the Rolling Hills Municipal Code.
AO. The applicant shall pay all of the applicable Building and Safety and Public
Works Department fees, City's Parks and Recreation fee and Palos Verdes Peninsula Unified
School District fees for the new residence.
AP. The applicants shall execute an Affidavit of Acceptance of all conditions of the
Site Plan Review approval, or the approval shall not be effective.
AQ. All conditions, when applicable, must be complied with prior to the issuance of a
grading or building permit from the Building and Safety Department.
AR. Any action challenging the final decision of the City made as a result of the
public hearing on this application must be filed within the time limits set forth in section
17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure Section 1094.6.
PASSED, APPROVED AND ADOPTED THIS 14 DAY
7
ATTEST:
4,,LithetILO
HEIDI LUCE, CITY CLERK
11 Upper Blackwater Canyon Rd. 9
AIRPERSO
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2014-07 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 AND A
SWIMMING POOL AND A CONDITIONAL USE PERMIT FOR
CONSTRUCTION OF A STABLE AND CORRAL, IN ZONING CASE NO.
846,11 UPPER BLACKWATER CANYON ROAD, (LOT 99-B-RH), (HANG JA
YOO). THE PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
was approved and adopted at an adjourned regular meeting of the Planning Commission on
April 16, 2014 by the following roll call vote:
AYES: Commissioners Gray, Kirkpatrick, Mirsch and Chairman Chelf.
NOES: Vice Chairperson Smith.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
HEIDI LUCE, CITY CLERK
11 Upper Blackwater Canyon Rd. 10