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October 4, 2019
Mrs. Theresa Rotter
Mr. Andy Weller
2950 Palos Verdes Drive North
Rolling Hills, CA 90274
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377-7288
RE: Unsafe building condition and slope failure at 2950 Palos Verdes Drive
North
Dear Mrs. Rotter and Mr. Weller;
In 2016 it has come to our attention that there was a slope failure on your
property at 2950 Palos Verdes Drive North, which undermined the foudation of
the structure (house).
You applied to the City of Rolling Hills Planning Commmission for a Site Plan
reivew to corrected the condition. Remediation of the slope plus, construction of a
basement under the weakened foundation was approved on July 18, 2017 by
Resolution No. 2017-11, copy enclosed. The City allowed you time to work with
your Architect and Structural Engineer to prepare plans, which you submitted to
the LA County Building and Safety Division for plan • check. You have not
completed this review process nor obtained a grading/building permit to fix the
slope and foundation. You have also started grading the collapsed slope without
a grading permit. The LA County Building Division issued a stop work order for
the grading.
You, are currently in violation of the City's Resolution of approval and Section
102.1, of the LA County Building Code, which states " All buildings and
structures which are structurally unsound or not provided with adequate egress
or which constitute a fire hazard or are otherwise dangerous to human
life are unsafe buildings". The house has portions of its
foundation undermined and therefore is structurally unsafe and needs to be
repaired immediately or vacated, as it may be too dangerous to occupy.
Therefore, we are ordering you to submit to LA County Building and Safety
Division the necessary structural and grading plans and documents by
October 30, 2019 for their review. Following County's review of your plans, if
there are corrections, you must re -submit the plans within two weeks for final
Printed on Recycled Paper
review and issuance of building and grading permits. The repair and grading
work shall commence by no later than December 16, 2019 and be completed by
January 16, 2020. Should you fail to submit a completed set of plans to LA
County Building and Safety Division for review by October 30, 2019 the City will
have no choice but to issue an order to vacate the premises and deem the house
uninhabitable. The City may issue such order at any time the above stated time
lines are not adhered to.
Should you have any questions, please contact Roy Itani, LA County Building
and Safety Division Office Manager at 310 534-3760 or me at 310 377-1521.
erely,
wartz
anning Director
cc: Delia Aranda, Rolling Hills Code Enforcement Officer.
Roy Itani, LA County Building and Safety Division, Office Manager
RESOLUTION NO. 2017-11
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A SITE PLAN REVIEW FOR GRADING
TO REPAIR A FAILED SLOPE, A VARIANCE TO EXCEED THE
MAXIMUM PERIvi Y t to DISTURBANCE OF THE LOT AND A STABLE
USE PERMIT TO ALLOW RECREATION USE IN A STRUCTURE
CONSTRUCTED AS A STABLE IN ZONING CASE NO. 908, AT 2950
PALOS VERDES DRIVE NORTH, (LOT.1-D-1RH) (ROTTER).
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. Hans and Theresa
Rotter with respect to real property located at 2950, Palos Verdes Drive North, Rolling
Hills, requesting a Site Plan Review approval for grading of 642 cubic yards dirt (cut
and fill) over a 6,295 square foot surface area to repair a failed slope and to excavate and
finish a 2,040 square foot basement under the existing residence.
Also requested is a Stable Use Permit to allow a structure originally permitted as a
stable to be used for recreational purposes, pursuant to Section 17.18.140(H) of the
Rolling Hills Municipal Code.
Section 2. The Planning Commission conducted duly noticed public hearings
to consider the application on July 18, 2017 in the field and at an evening meeting on
July 18, 2017, at which the Resolution of Approval was reviewed by the Planning
Commission, and following discussion was adopted. 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 applicant's representative was in attendance at the hearings. No one
from the public came forward to address this project.
Section 3. The Planning Commission finds that the project qualifies as an
exemption, and is therefore categorically exempt from environmental review under the
California Environmental Quality Act.
Section 4. Subject property is located in the RA-S-1 Zone and has a permitted
structure that was built as a stable, but it has been used as a recreation room for many
years. The applicants are requesting to retain said use, and have therefore applied for 'a
Stable Use Permit, (Section 17.18.140(H) of the Rolling Hills Municipal Code).
Section 5. Section 17.46.020(A)(1) requires a Site Plan Review for grading
projects requiring a grading permit. With respect to the Site Plan Review application,
the Planning Commission makes the following findings of fact:
ZC 908, 2950 PV DR. N. 1
A. The proposed activity, as conditioned, is compatible with the General Plan
and the Zoning Ordinance. The Land Use Element of the General Plan establishes the
maintenance of strict grading practices to preserve the community's natural terrain. The
Building Code and the Zoning Ordinance require a balanced cut and fill ratio and do
not permit import or export of soil, except under special circumstances applicable to a
property and with a discretionary permission by ' the Planning Commission. It is
projected that all of the dirt will be used on site.
B. The proposed activity preserves and integrates into the site design, to the
maximum extent feasible, existing natural topographic features of the lot including
surrounding native vegetation, mature trees, drainage courses, and land forms (such as
hillsides and knolls). Although grading of the existing slope is necessary to correct slope
failure and for the installation of drainage devices, only 0.15 acres or 6,295 square feet
over the net parcel area will be affected by the grading, and is necessary to repair a
failed slope. The excavation for the basement does not require a discretionary review.
C. The development plan follows natural contours of the site to minimize
grading. The natural drainage courses will be preserved and continue drainage to the
canyon at the northeastern side of this lot. As a result of this , activity drainage on site
will be corrected, thus, preventing erosion of the slopes and the drainage will be
directed to the canyon.
D. ' The development plan will, based upon compliance with the conditions
contained in this Resolution, supplement the existing vegetationwith landscaping that
is compatible with and enhances the rural character of ' the community.. Upon
completion of the project the graded slope will be re -vegetated with native vegetation.
E. The development plan substantially preserves the natural and
undeveloped state of the lot by minimizing . building coverage because no new
structures are proposed.
F. The proposed project is harmonious in scale and mass with the site, the
natural terrain and other residences in the vicinity. Grading will be minor and required
only to repair the slope failure of the property.
Section 6. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal
Code permit approval of a Variance granting relief from the standards and
requirements .. of the Zoning Ordinance when exceptional or extraordinary
circumstances applicable to the property prevent the owner from making use of a parcel
of property to the same extent enjoyed by similar properties. in the same vicinity ,or
zone. In proposing to remediate a failed surficial slope and make the lot safe from a
geotechnical standpoint, grading of the failed area is necessary, in which case the
proposed disturbance area would exceed the allowed amounts with an increases from
ZC 908, 2950 PV DR. N.
29% to 44.5 where 40%, maximum total lot disturbance is allowed. With respect to the
aforementioned request for the Variance, the Planning Commission finds as follows:
A. There are exceptional circumstances and conditions on the subject
property as follows:
Regarding the requested variance from Section 17.16.070 for disturbance limits,
the project does not meet the maximum disturbance allowed. The increase in
disturbance is due to the necessary repair of the failed slope, which pursuant to the
City's Ordinance is considered disturbance. The exceptional circumstance is that the
slope failed and it is necessary to repair it, so that further damage to the property, the
adjacent canyon and adjacent properties are prevented.
B. The variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property owners in the same vicinity and
zone but which is denied to the property in question by strict application of the code.
The property right which otherwise would not be enjoyed is the ability to retain a safe
and geotechnically stable lot. The proposed location of the repair is the least visually
intrusive to the property and its neighbors.
C. The granting of the Variance would not be materially detrimental to the
public welfare or injurious to the properties or improvements in such vicinity and zone
in which the property is located, on the contrary, not repairing the slope could result in
property damage to the applicants' and adjacent lots.
D. In granting of the Variance the spirit and intent of the, Zoning Ordinance
will be observed in that the proposed activity is necessary to create a safe condition on
the lot and will not impact use of the existing structures.
E. The Variance is consistent with the portions of the County of Los Angeles
Hazardous Waste Management Plan relating to siting and siting criteria for hazardous
waste facilities. '
Section 7. Stable Use Permit: Pursuant to Section 17.18.140(H) of the Rolling
Hills Municipal Code, property owners of stables that do not conform to the provisions
of this chapter (17.18 of the RHMC) due to the size of the agricultural and the tack room
space, plate height of the loft, size of corral and access, or other requirements of this
chapter, and that were constructed or modified prior to September 7, 2011 and/or were
used for a purpose other than animal keeping prior to September 7, 2011, may apply for
a "stable use permit" granting such structures the legal right to exist under this code that
runs with the land, with not having to provide additional area for a set aside for a
future stable and corral, if the following requirements are met:
1. The structure is not larger than eight hundred square feet.
2. The structure has one story only.
ZC 908, 2950 PV DR. N. ' 3
3. The owner pays a fee set by a resolution of the City. Council that reimburses the
City for the reasonable costs of this permit.
4. Owner consents to an inspection including photographic records of the current
structure of the current use.
5. Owner must apply for and obtain building permits for any and all portions of
the structure that were modified without building permits.
6. The structure shall not be located in a setback or front yard, .except if in the
permitted rear setback.
7. The structure .shall not be used for sleeping.
8. The structure shall have a stable -like appearance from the exterior.
9. The structure shall not be modified further unless it is to accommodate animals
or to repair, remodel re roof or generally maintain such structure within the
existing footprint.
10. The structure . shall only be used for passive recreation or animal keeping
activities.
11. There is an area adjacent to the structure usable for a corral.
The City Manager shall be authorized to approve, conditionally approve or deny
the stable use permit on the basis of whether the requirements of this subsection (H) are
met, providing the applicant submitted signed statements from at least one owner of
each adjacent property and shall state that the owner is in support of the use. If such
statement is not submitted from at least one owner of each adjoining property then a
hearing shall be scheduled before the Planning Commission. Written notice shall be
sent by regular mail to all adjacent property owners, a minimum of ten days prior to
said hearing. After such a hearing is held, the Planning Commission shall be authorized .
to approve, conditionally approve or deny a stable use permit on the basis of .whether
the requirements of this subsection are met.
Section 8. Theapplicant has not separately informed the adjacent neighbors
prior to the public hearing to obtain concurrence, but a separate notice was mailed to
the adjacent neighbors informing them of the request for the Stable Use Permit, with the
notice of the public hearing for the slope remediation. In the letter, the neighbors were
provided an opportunity to comment in writing or come to the public hearing and
address the request at that time. To date, the City has not received any inquiry
regarding this project .or the. stable use permit. If no objections are received, or if no
more than one objection is received but the Planning Commission concurs with the
continued use, the applicant will be required to comply with the provisions of Section
17.18.140H.
Section 9. Based upon the foregoing findings and the evidence in the record,
the Planning Commission hereby approves the Site Plan Review and Variance, as well
as Stable Use Permit, in Zoning Case No. 908 for grading and slope repair and to
ZC 908, 2950 PV DR. N. 4
continue utilizing the stable structure for recreational uses as indicated on the
development plan incorporated herein, subject to the following conditions:
A. The Site Plan Review, Variance and Stable Use Permit approvals shall
expire within two year from the effective date of approval if construction pursuant to
this approval has not commenced within that time period, as required by Sections
17.46.080(A) and 17.38.070 of the Rolling Hills Municipal Code, or the approval granted
is otherwise extended the entitlement pursuant to the requirements of said 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 mayeither extend the deadlineat 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 Buildings 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 the Permit, or shown otherwise on an
approved plan. These conditions of. approval shall be printed on all construction plans.
D. 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 City Council.
ZC 908, 2950 PV DR. N.
E. The lot shall be developed and maintained in substantial conformance
with the site plan on file dated June 29, 2017, except as otherwise provided in these
conditions. 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 including conformance with
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 thatthe project will be constructed
according to this Resolution and any plans approved therewith.
F. The basement shall be reviewed and approved by the Rolling Hills
Community Association (RHCA) Architectural Committee prior to . the issuance of
building permit. 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.
G. The property owner shall defend, indemnify, and hold harmless the City
of Rolling Hills and its officers, employees and agents from and against any claim,
action or proceeding against the City of Rolling Hills, its officers, employees, or agents
to attack, set aside, void, or annul any approval or condition of approval of the City of
Rolling Hills concerning this Site Plan Review application, including but not limited to
any approval or . condition of approval of the City Council, Planning Commission or
Planning Director, which action is brought within the time period provided for in
Government Code Section 66499.37. The City shall promptly notify the applicant of any
claim, action, or proceeding concerning the application and the City shall cooperate
fully in the defense of the matter.
H. Grading shall not exceed 6,295 square feet surface area, 642 cubic yards of
cut and fill and shall be balanced on site, unless approved by. staff as . a minor
modification. The project shall be completed to Building and Safety Engineer's
requirements and satisfaction.
I. The disturbed area of the lot, which includes the existing disturbed areas
and the proposed slope repair area, shall not exceed 18,025 square feet or 44.5% of the
net lot area in conformance with lot disturbance limitations.
J. A grading plan shall be reviewed and approved by the Building Dept.
Geology and Soils Sections prior to commencing any work on subject property, and be
completed per LA County grading requirements.
ZC.908, 2950 PV. DR. N. 6
K. A drainage plan system shall be approved by the Drainage Engineer, to
include any water from the site irrigation systems and natural flow and all drainage
from the site shall be conveyed in an approved manner.
L. An Erosion Control Plan containing the elements set forth is Section 7010
of the 2016 County of Los Angeles Uniform Building Code shall be prepared to
minimize erosion and to protect slopes and channels to control stormwater pollution as
required by the Building Code.
M. Intensive geotechnical review and supervision may be required
throughout the time the project is ongoing.
N. Two copies of landscape plan for the graded/repaired area shall be
submitted for review by the Planning Department prior to the issuance of grading
permit. Mitigation areas shall be planted with native and drought tolerant plants.
O. To prevent construction equipment from going beyond the limits of the
remediation area, contractors shall use fencing or other barriers to the greatest extent
possible. There shall be no dumping of soil, construction material or any other debris
into the canyon.
P. The property owners shall be required to conform with South Coast Air
Quality Management District, Los Angeles County and local ordinances and
engineering practices during construction by using dust control measures to stabilize
the soil from wind erosion and reduce dust and objectionable odors generated by
construction activities. Stockpiles of soil, sand and similar materials shall be stabilized
by being enclosed, covered, watered twice daily, or with application of non -toxic soil
binders.
Q. During construction, all parking shall take place on the project site. The
common driveways shall not be impeded by construction trucks or contractors' vehicles
at any time and shall remain open. In the event that construction activities require the
use of the common driveway, a flagman shall be provided to assist with the traffic.
R. 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.
S. Should the repair activity be halted for any reason, (i.e. inclement
weather), the property owner shall take appropriate measures, as determined by the
Building Official, to minimize the seepage of any water into the area of slope failure.
. ZC 908, 2950 PV DR. N. 7
T. Notwithstanding the above conditions, any modification to the plan dated
June 29, 2017, as required by the applicants' soils engineer and Public Works
Department shall be reported to the Planning Commission by City staff.
U. 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: httpJ/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.
V. Prior to finaling of the project an "as graded" plan and certification shall
be provided to the Planning Department and the Building Department to ascertain that
thecompleted project is in compliance with the approved plans.
W. : The applicant shall comply with the requirements of Section 17.18.140(H)
for the Stable Use Permit and all necessary modifications to the structure and area
adjacent thereto shall be completed at the same time as the slope repair is completed, or
no final inpsecton shall be granted for the project.
X. Until the applicants execute an Affidavit of Acceptance of all conditions of
this approval, the approvals shall not be effective.
Y. All conditions of the Site Plan, Variance and the Stable Use Permit
approvals, that apply, shall be complied with prior to the issuance of a grading or
building permit.
PASSED, APPROVED AND ADM ED THIS 18TH DfY
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.
ZC 908, 2950 PV DR. N. 8
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2017-11 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A SITE PLAN REVIEW FOR GRADING
TO REPAIR A FAILED SLOPE, A VARIANCE . TO EXCEED THE
MAXIMUM PERMIn rhu DISTURBANCE OF THE LOT AND A STABLE
USE PERMIT TO ALLOW RECREATION USE IN A STRUCTURE
CONSTRUL [ED AS A STABLE IN ZONING CASE NO. 908, AT 2950
PALOS VERDES DRIVE NORTH, (LOT.1-D-1RH) (ROTTER).
was approved and adopted at a regular meeting of the Planning Commission on July
18, 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.
HEIDI LUCE,
CITY CLERK
ZC 908, 2950 PV DR. N. 9