637, Construct new SFR with garages, Resolutions & Approval ConditionsS � •
RESOLUTION NO. 2001-20
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS GRANTING SITE PLAN
REVIEW APPROVAL TO PERMIT GRADING AND
CONSTRUCTION OF A NEW SINGLE FAMILY
RESIDENCE WITH A POOL AND GUESTHOUSE;
GRANTING A CONDITIONAL USE PERMIT APPROVAL
TO CONSTRUCT A GUESTHOUSE; GRANTING A
VARIANCE APPROVAL TO LOCATE A RETAINING
WALL IN THE FRONT YARD, ALONG THE FRONT YARD
SETBACK LINE AND GRANTING A VARIANCE
APPROVAL TO PERMIT THE GUESTHOUSE TO
ENCROACH INTO THE REQUIRED SIDE YARD SETBACK
AT A VACANT SITE AT 1 SAGEBRUSH LANE, IN
ZONING CASE NO. 637.
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES
HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. Applications were duly filed by Mr. Fan with respect to real
property located at 1 Sagebrush Lane, Rolling Hills, (Lot 100-A-2-RH), CA requesting a
Site Plan Review to permit grading and construction of a new residence, a pool and a
guesthouse, requesting a Conditional Use Permit to permit the construction of a guest
house, and requesting Variances to permit a retaining wall to encroach into the front
yard setback and to allow the guesthouse to encroach into the side yard setback.
Section 2. The Planning Commission conducted duly noticed public hearings
to consider the applications on July 17, 2001, August 21, 2001, September 18, 2001 and at
a field trip visit on August 6, 2001. The applicant was 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
applicant's representative was in attendance at the hearings.
During the course of the public hearings, the Commission requested that the
applicant reduce the size of the proposed residence, relocate the guest house, so that it
is not located within 50 feet of Sagebrush Lane, relocate the future stable, so that it is not
in close proximity to the adjacent property to the west, and to reconfigure the front
walls, to avoid encroachment. The applicant revised the proposal several times, to the
satisfaction of the Planning Commission, except that one wall is proposed to be located
along the front yard setback line, which requires a Variance.
Section 3. The Planning Commission finds that the project qualifies as a Class
3 Exemption (The State of CA Guidelines, Section 15303) and is therefore categorically
exempt from environmental review under the California Environmental Quality Act.
Section 4. Section 17.16.210(A)(5) of the Rolling Hills Municipal Code permits
approval for a guesthouse under certain conditions, provided a Conditional Use Permit
for such use is approved by the Planning Commission. The applicant is requesting
permission to construct a 544 square foot guesthouse on a secondary building pad
located to the northwest of the residential building pad. With respect to this request for
a Conditional Use Permit, the Planning Commission finds as follows:
A. The granting of a Conditional Use Permit for the construction of a guest
house would be consistent with the purposes and objectives of the Zoning Ordinance
and General Plan and will be desirable for the public convenience and welfare. The use
is consistent with similar uses in the community, and the area proposed for the guest
house would be located in an area on the property where such use will not dramatically
change the existing configuration of the lot. Section 17.16.040 of the Rolling Hills
Municipal Code permits guesthouses in the RA-S-2 Zone with a Conditional Use
Permit.
B. The nature, condition, and development of adjacent uses, buildings, and
structures have been considered, and the construction of a guesthouse will not
adversely affect or be materially detrimental to these adjacent uses, buildings, or
structures because the proposed guesthouse will be constructed at the central portion of
the lot and is a sufficient distance from nearby residences to insure that the guesthouse
will not impact the view or privacy of surrounding neighbors.
C. The project is harmonious in scale and mass with the site, the natural
terrain, and surrounding residences because the guesthouse will comply with the low
profile residential development pattern of the community and is located on a 2.6 acre
parcel of property that is adequate in size, shape and topography to accommodate such
use.
D. The proposed conditional use complies with all applicable development
standards of the zone district in which it is located because the 544 square foot size of
the guesthouse is within the 800 square foot maximum permitted, and although the
guesthouse encroaches into the required side yard setback area, the Variance request is
being granted.
E. The proposed conditional use is consistent with the portions of the Los
Angeles County Hazardous Waste Management Plan relating to siting and 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.
F. The proposed conditional use observes the spirit and intent of Title 17 of
the Zoning Code by setting aside adequate area for a future stable structure and
adjacent corral that will be located on a separate building pad.
Section 5. Based upon the foregoing findings and the evidence in the record,
the Planning Commission hereby approves a Conditional Use Permit for the
construction of a 544 square foot guest house in accordance with the development plan
dated October 1,- 2001, and marked Exhibit A in Zoning Case No. 637 subject to the
conditions contained in Section 12 of this resolution.
RESOLUTION NO. 2001-20 2
• •
Section 6. Section 17.16.120 of the Rolling Hills Municipal Code requires the
side yard setback for every residential parcel in the RA-S-2 Zone to be twenty (35) feet,
Section 17.16.110 requires that front yard setback be fifty (50) feet from the roadway
easement line, and Section 17.16.130 requires that the rear yard setback be fifty (50) feet
from the rear property line. Except for the required rear yard setback under certain
conditions, all other required setbacks must remain unobstructed by structures. Sections
17.38.010 through 17.38.050 permit approval of a Variance from the standards and
requirements of the Zoning Code when exceptional or extraordinary circumstances
applicable to the property and not applicable to other similar properties in the same
zone prevent the owner from making use of a parcel of property to the same extent
enjoyed by similar properties in the same vicinity. The applicant is requesting
permission to allow one, not to exceed 4-feet high and 120 feet long, retaining wall to be
located in the front yard along the front yard setback line. With respect to this request
for a Variance, the Planning Commission finds as follows:
A. There are exceptional and extraordinary circumstances and conditions
applicable to the property that do not apply generally to the other property or class of
use in the same zone because the lot is irregular in shape and is developed with a
substantial slope from the front property line to the 50-foot front yard setback line. The
proposed retaining wall will assist in preventing an existing slope from potential
collapse, and will protect the hillside from damage due to erosion.
B. The Variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property in the same vicinity and zone,
but which is denied to the property in question because due to the existing grade and
irregular shape of the property, the placement of the house and driveway require a
small cut into the toe of the slope.
C. The granting of the Variance would not be materially detrimental to the
public welfare or injurious to the property or improvements in such vicinity and zone
in which the property is located because the wall will be incorporated into the
landscaping and will contain planters. In addition, the wall will not be visible from the
public right-of-way and will be screened by existing mature trees. Construction of said
wall would eliminate the necessity for any additional grading on the hillside.
Section 7. Based upon the foregoing findings and the evidence in the record,
the Planning Commission hereby approves the Variance to permit the construction of a
retaining wall that will be located in the front yard, along the front yard setback line, in
accordance with the development plan dated October 1, 2001, and marked Exhibit A in
Zoning Case No. 637, subject to the conditions contained in Section 12 of this resolution.
Section 8. Section 17.16.120 requires the side yard setback for every
residential parcel in the RA-S-2 Zone to be thirty-five (35) feet, Section 17.16.110
requires that front yard setback be fifty (50) feet from the roadway easement line, and
Section 17.16.130 requires that the rear yard setback be fifty (50) feet from the rear
property line. Except for the required rear yard setback under certain conditions, all
other required yards must remain unobstructed by structures. Sections 17.38.010
through 17.38.050 permit approval of a Variance from the standards and requirements
RESOLUTION NO. 2001-20 3
• •
of the Zoning Code when exceptional or extraordinary circumstances applicable to the
property and not applicable to other similar properties in the same zone prevent the
owner from making use of a parcel of property to the same extent enjoyed by similar
properties in the same vicinity. The applicant is requesting to construct a 544 square
foot guesthouse, which will encroach ten feet into the required 35-foot side yard
setback. With respect to this request for a Variance, the Planning Commission finds as
follows:
A. There are exceptional and extraordinary circumstances and conditions
applicable to the property or to the intended use that do not apply generally to the other
property or class of use in the same zone because the lot is irregular in shape and
steeper than most lots of similar size. An easement driveway serving two other
properties traverses the site; thus substantially reducing the buildable area of said
property. The proposed guesthouse will be approximately twenty feet below the
adjacent property and will not be visible from that property.
B. The Variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property in the same vicinity and zone,
but which is denied to the property in question. The Variance will permit the
development of the property in a manner similar to development patterns on
surrounding properties. The topographical constraints of the lot and reduced buildable
area of the lot dictate the location of the building pad and the proposed development
pattern of the remaining structures on site. Said constraints dictate that the proposed
guesthouse encroach into the side yard setback area.
C. The granting of the Variance will not be materially detrimental to the
public welfare or injurious to the property or improvements in such vicinity and zone
in which the property is located because the proposed development will not be visible
from the adjacent properties and will be screened by mature trees and vegetation and
will permit the owners to enjoy their property without deleterious infringement on the
rights of surrounding property owners.
Section 9. Based upon the foregoing findings and the evidence in the record,
the Planning Commission hereby approves a Variance for Zoning Case No. 637 to
permit the construction of a guesthouse that will encroach ten into the side yard
setback, indicated on the development plan dated October 1, 2001, submitted with this
application and incorporated herein by reference as Exhibit A, subject to the conditions
specified in Section 12 of this resolution.
Section 10. Section 17.46.030 of the Rolling Hills Municipal Code requires a
development plan to be submitted for site plan review and approval before any grading
requiring a grading permit or any building or structure may be constructed or any
expansion, addition, alteration or repair to existing buildings may be made which
involve changes to grading or an increase to the size of the building or structure by at
least 1,000 square feet and has the effect of increasing the size of the building by more
than twenty-five percent (25%) in any thirty-six (36) month period. With respect to the
Site Plan Review application requesting construction of the new house, guesthouse,
pool, and future stable at an existing vacant lot, the Planning Commission makes the
following findings of fact:
RESOLUTION NO. 2001-20 4
• •
A. The proposed development is compatible with the General Plan, the
Zoning Ordinance and surrounding uses because the proposed structures comply with
the General Plan requirement of low profile, low density residential development with
sufficient open space between surrounding structures. The project conforms to Zoning
Code setback, except as approved in Sections 7 and 9 above, and lot coverage
requirements. The lot has a net square foot area of 76,813 square feet. The proposed
residence (7,186 sq.ft.), garage (934 sq.ft.), swimming pool (400 sq.ft.), guesthouse (544
sq.ft.), and future stable (450 sq.ft.) will have 9,514 square feet which constitutes 12.4%
of the lot which is within the maximum 20% structural lot coverage requirement. A
5,571 square foot basement is also proposed. The total lot coverage including paved
areas and driveway will be 15,624 square feet, which equals 20.4% of the lot which is
within the 35% maximum overall lot coverage requirement. The proposed project is
screened from the road so as to reduce the visual impact of the development. The
disturbed area of the lot will be 39.4%, which is within the 40% maximum permitted.
B. The development plan substantially preserves the natural and
undeveloped state of the lot by minimizing building coverage because the new
structures will not cause the lot to look overdeveloped. Significant portions of the lot
will be left undeveloped so as to maintain scenic vistas across the property. The
structures proposed will not be visible from Blackwater Canyon Road. The nature,
condition, and development of adjacent uses, buildings, and structures and the
topography of the lot have been considered, and the construction of the new house,
guesthouse, pool, and future stable will not adversely affect or be materially
detrimental to the adjacent uses, buildings, or structures because the proposed
structures will be constructed on a portion of the lot which is the least intrusive to
surrounding properties, will be screened and landscaped with trees and shrubs which
at maturity will not exceed 25 feet in height, is a sufficient distance from nearby
residences so .that proposed structures will not impact the view or privacy of
surrounding neighbors, will improve slope stability through the use of approved
drainage, will permit the owners to enjoy their property without deleterious
infringement on the rights of surrounding property owners.
C. The proposed development, as conditioned, is harmonious in scale and
mass with the site, the natural terrain and surrounding residences. As indicated in
Paragraph A, the lot coverage maximum set forth in the Zoning Code will not be
exceeded and the proposed project is consistent with the scale of the neighborhood.
D. The development plan incorporates existing large trees and native
vegetation to the maximum extent feasible. Specifically, the development plan
preserves dense brush and shrubs and supplements it with landscaping that is
compatible with and enhances the rural character of the community.
E. The development plan follows natural contours of the site to minimize
grading and the natural drainage courses will continue to the northwest side (rear and
side) of this lot. Grading for this project will involve 2,397 cubic yards of cut and 2,397
cubic yards of fill and will be balanced on site.
RESOLUTION NO. 2001-20 5
• •
F. The development plan 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.
G. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because the proposed
driveway of off Sagebrush Lane follows natural contours and will require minimal
grading.
H. The project conforms to the requirements of the California Environmental
Quality Act and is exempt.
Section 11. Based upon the foregoing findings and the evidence in the record,
the Planning Commission hereby approves the Site Plan Review application for Zoning
Case No. 637 for proposed structures as shown on the Development Plan dated October
1, 2001, and marked Exhibit A, subject to the conditions contained in Section 12 of this
resolution.
Section 12. The Conditional Use Permit for the 544 square foot guesthouse
approved in Section 5, the Variance request to construct a wall within the front yard
setback approved in Section 7, the Variance request to allow the guesthouse to encroach
ten feet into the required side yard setback approved in Section 9 and the Site Plan
Review approved in Section 11 of this resolution are subject to the following conditions:
A. The Conditional Use Permit, the Variances and Site Plan Review
approvals shall expire within one year from the effective date of approval if
construction pursuant to these approvals has not commenced within that time period,
as required by Sections 17.42.070(A), 17.46.080(A) and 17.38.070(A) of the Rolling Hills
Municipal Code, or the approvals granted are otherwise extended pursuant to the
requirements of these sections.
B. It is declared and made a condition of the Conditional Use Permit,
Variances and Site Plan Review approvals, that if any conditions thereof are violated,
this approval shall be suspended and the privileges granted thereunder shall lapse;
provided that the applicants have been given written notice to cease such violation, the
opportunity for a hearing has been provided, and if requested, has been held, and
thereafter the applicant fails to correct the violation within a period of thirty (30) days
from the date of the City's determination.
C. All requirements of the 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. All the requirements for the basements shall be met subject to Section
17.20.020 of the Zoning Code.
D. This approval shall be subject to the approval of the soils, geology
and geotechnical reports and studies by the Los Angeles County Department of Public
Works.
RESOLUTION NO. 2001-20 6
E. The lot shall be developed and maintained in substantial conformance
with the site plan on file marked Exhibit A and dated October 1, 2001, except as
otherwise provided in these conditions.
F. The working drawings submitted to the County Department of Building
and Safety for plan check review must conform to the development plan approved with
this application.
G. The proposed guesthouse shall conform to all of the requirements of
Section 17.16.210(5) of the Zoning Code, including but not be limited to the following:
renting of guesthouse is prohibited; no kitchen or other cooking facilities shall be
provided within the guesthouse; no vehicular access or paved parking area shall be
developed within fifty feet of the guesthouse.
H. The future barn shall conform to all of the requirements of Sections
17.16.170 and 17.16.200 of the Zoning Code and be in substantial conformance with the
site plan on file marked Exhibit A and dated October 1, 2001.
i. Grading shall not exceed 2,398 cubic yards of cut and 2,398 cubic yards of
fill and shall be balanced on site.
J. Structural lot coverage shall not exceed 9,514 square feet or 12.4%.
K. Total lot coverage of structures and paved areas shall not exceed 15,624
square feet or 20.4% in conformance with lot coverage limitations.
L. The disturbed area of the lot shall not exceed 30,245 square feet or 39.4% of
the net lot area in conformance with lot disturbance limitations.
M. Residential building pad coverage on the 28,420 square foot residential
building pad shall not exceed 8,520 square feet or 30.0%; coverage on the 3,564 square
foot guesthouse pad shall not exceed 544 square feet or 15.3%; coverage on the 1,763
square feet future barn pad shall not exceed 450 square feet or 25.5%.
N. The size of the guesthouse shall not exceed 544 square feet. The location of
the guesthouse shall be as depicted on the Development Plan dated October 1, 2001 and
marked Exhibit A, and shall not encroach more than 10 feet into the side yard setback.
O. Landscaping shall include water efficient irrigation, to the maximum
extent feasible, 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 in accordance with Section 17.27.020 (Water
efficient landscaping requirements) of the Rolling Hills Municipal Code.
P. Landscaping for the entire project shall be designed using mature trees,
.which at full maturity shall not exceed 25 feet in height, and shrubs so as not to obstruct
views of neighboring properties but, to obscure the guesthouse and pool area.
RESOLUTION NO. 2001-20 7
Q. At maturity, the new landscape plantings around the proposed
guesthouse, stable and pool shall not exceed the ridge height of the structures.
A bond in the amount of the cost estimate of the implementation of the landscaping plan plus
15% shall be required to be posted prior to issuance of a grading and building permit and shall
be retained with the City for not less than two years after landscape installation. After the two-
year period, upon the request of the applicant, the retained bond will be released by the City
Manager after the City Manager or his designee determines that the landscaping was installed
pursuant to the landscaping plan as approved, and that such landscaping is properly
established and in good condition.
R. During construction, any soil disturbance shall preserve the existing
topography, flora, and natural features to the greatest extent possible.
S. During construction, conformance with the air quality management district
requirements, stormwater pollution prevention practices, county and local ordinances
and engineering practices so that people or property are not exposed to undue vehicle
trips, noise, dust, and objectionable odors shall be required.
T. During construction, the Erosion Control Plan' containing the elements set
forth in Section 7010 of the 1998 County of Los Angeles Uniform Building Code shall be
followed to minimize erosion and to protect slopes and channels to control stormwater
pollution as required by the County of Los Angeles.
U. During and after construction, all parking shall take place on the project site
and, if necessary, any overflow parking shall take place within nearby roadway
easements.
V. 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.
W. The property owners shall be required to conform with the Regional
Water Quality Control Board and County Health Department requirements for the
installation and maintenance of septic tanks.
X. 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 stormwater drainage facilities.
Y. 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) related to solid waste.
Z. A drainage plan system shall be approved by the Planning Department
and County District Engineer, to include any water from any site irrigation systems and
RESOLUTION NO. 2001-20 8
1
that all drainage from the site shall be conveyed in an approved manner to the rear or
northwest of the lot.
AA. A detailed drainage plan and grading plan that conforms to the
development plan as approved by the Planning Commission shall be submitted to the
Rolling Hills Planning Department staff for their review and approval.
AB. The working drawings submitted to the County Department of Building
and Safety for plan check review shall conform to the development plan described in
Condition D.
AC. The project must be reviewed and approved by the Rolling Hills
Community Association Architectural Review Committee prior to the issuance of any
drainage or building permit.
AD. The driveway access to the property shall be from Sagebrush Lane. The
construction of the driveway shall comply with the requirements of the Traffic
Commission.
AE. The Planning Commission has resolved that the front of the property is
along Blackwater Canyon Drive.
AF. Until the applicant executes an Affidavit of Acceptance of all conditions of
these Conditional Use Permit, Variances and Site Plan Review approvals, as required by
Section 17.42.070 of the Municipal Code, the approvals shall not be effective.
AG. All conditions of the Conditional Use Permit, Variances and Site . Plan
approvals that apply shall be complied with prior to the issuance of a building permit
from the County of Los Angeles.
PASSED, APPROVED AND ADOPTED THIS 16TH DAY OF OCTOBER 2001.
ATTEST:
MARILYN•
DEPUTY CITY
CLERK
ALLAN ROBERTS, CHAIRMAN
RESOLUTION NO. 2001-20 9
• •
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2001-20 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING
HILLS GRANTING SITE PLAN REVIEW APPROVAL TO PERMIT GRADING AND
CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE WITH A POOL AND
GUESTHOUSE; GRANTING A CONDITIONAL USE PERMIT APPROVAL TO
CONSTRUCT A GUESTHOUSE; GRANTING A VARIANCE APPROVAL TO LOCATE
A RETAINING WALL IN THE FRONT YARD, ALONG THE FRONT YARD SETBACK
LINE AND GRANTING A VARIANCE APPROVAL TO PERMIT THE GUESTHOUSE
TO ENCROACH INTO THE REQUIRED SIDE YARD SETBACK AT A VACANT SITE
AT 1 SAGEBRUSH LANE, IN ZONING CASE NO. 637.
was approved and adopted at a regular meeting of the Planning Commission on
October 16, 2001 by the following roll call vote:
Commissioners Hankins, Margeta, Sommer, Witte and
Chairman Roberts.
AYES:
NOES:
ABSENT:
None.
None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
DEPUTY CITY CLERK
RESOLUTION NO. 2001-20 10
•
RESOLUTION NO. •-03
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS APPROVING A MODIFICATION
TO PLANNING COMMISSION RESOLUTION NO. 2002-02
AND APPROVING AN EXTENSION TO PREVIOUSLY
APPROVED SITE PLAN REVIEW FOR GRADING AND
CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE
AND GRANTING A VARIANCE REQUEST TO ENCROACH
WITH A WALL INTO THE FRONT YARD SETBACK AT 1
SAGEBRUSH LANE IN ZONING CASE NO. 637-REVISED,
(FAN).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY
FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. A request has been filed by Mr. Frank Politeo, A.I.A. on
behalf of Mr. Tony Fan with respect to real property located at 1 Sagebrush Lane,
(Lot 100-A-2-RH) Rolling Hills, requesting an extension to previously approved
Site Plan Review for grading and construction of a new single-family residence
and Variance to encroach with a wall into the front yard setback.
Section 2. The Commission considered this item at a meeting on
January 21, 2003, at which time information was presented indicating that due to
the complicated geology in the area and the requirements to provide evidence of
stability of the parcel, the project has not commenced,- and therefore, the
extension of time is necessary.
Section 3. Based upon information and evidence submitted, the Planning
Commission does hereby amend Paragraph A, Section 12 of Resolution No. 2002-
02, dated January 15, 2002, to read as follows:
"A. The Variance and Site Plan Review approvals shall expire within two
years from the effective date of approval if construction pursuant to these
approvals has not commenced within that time period, as required by
17.46.080(A) and 17.38.070(A) of the Rolling Hills Municipal Code, or the
approvals granted are otherwise extended pursuant to the requirements of these
sections".
Section 4. Except as herein amended, the provisions of Resolution No.
2002-02 shall continue to be in full force and effect.
PASSED, APPROVED AND A RPTED THIS 21st DAY OF JANUARY 2003.
EVE HANKINS, CHAIRWOMAN
All EST:
i <
MARILYN I RN, DEPUTY CITY CLERK
• •
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS )
§§
I certify that the foregoing Resolution No. 2003-03 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS APPROVING A MODIFICATION TO
PLANNING COMMISSION RESOLUTION NO. 2002-02 AND
APPROVING AN EXTENSION TO PREVIOUSLY APPROVED
SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF
A NEW SINGLE FAMILY RESIDENCE AND GRANTING A
VARIANCE REQUEST TO ENCROACH WITH A WALL INTO
THE FRONT YARD SETBACK AT 1 SAGEBRUSH LANE IN
ZONING CASE NO. 637-REVISED, (FAN).
was approved and adopted at a regular meeting of the Planning Commission
on January 21, 2003 by the following roll call vote:
AYES: Commissioners DeRoy, Margeta, Witte, Sommer
and Chairwoman Hankins.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the
following:
Administrative Offices
r<....)
DEPUT1 CITY CLERK
personally appeared
JAN-30-2002 14:04 FROM: FRANK POLITEO ASSOC 310E316344
•
RECORDING REOUESTED BY ANO
MAIL TO
CITY OF ROLLING HILLS
2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377.1521
(310) 377-7288 FAX
The Registrar -Recorder's Office requires that the form be notarized before recordation.
AFFIDAVIT O F ACCEPTANCE FORM
TO:310 513'1361 P.002'002
02-0410825
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
ZONING CASE NO. 637RgVISED.
T Recorders Use Only
SITE PLAN REVIEW XX
VARIANCE CONDITIONAL USE PERMIT
LOT LINE ADJUSTMENT
I (We) the undersigned state:
I am (We are) the owner(s) of the real property described as follows:
1 SAGEBRUSH LANE, ROLLING HILLS, CA. (LOT 100-A-2-RH)
This property is the subject of the. above numbered case.
I am (We are) aware of, and accept, all the stated conditions in said
ZONING CASE NO. 637REVIiED. SITE PLAN REVIEW
VARIANCE
CONDITIONAL USE PERMIT
LOT LINE ADJUSTMENT
I (We) certify (or declare) under t penalty of perjury that the foregoing Is true and correct.
Signat_"
TnNY FAVNl
Name typed or printed
Address
ro OCR ri- , T Rnb c'f flJtVE
City/State RANel.�O pi?(.o5 veIz1, s CA-1027s- City/State
Signatures must be acknowledged by a notary pubGC.
State of California
County of Los Angeles )
Signature
Name typed or printed
Address
2C_Y)2 before me, Jc(rvL,✓*- r('_c
"To,) F
personally known to me (ewe-en-the-basis-Of-satisfactory—evideace)-to be the persons), whose name( -is/eve
subscribed to the within instrument and acknowledged to me that he/she/4 e}. executed the same in his/haatheir authorized
capacity(ies) -and that by his/he rsignature(a) on the instrument the person(), or the entity upon behalf of which tho
persr(MEidt6ltiM**4101A410004101/449‘e •///
° JANET LYNN ENDER me
ess hand and official seal.
is COMM. #1260359
.,i NOTARY PUBLIC • CALIFORNIA 0 -� �4/ '
• c �a Los ANGELES COUNTY Signature of Notar•y
My Commission Expires April 10, 2004 0
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SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
02 04108*
RESOLUTION NO. 2002-02
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS GRANTING A SITE
PLAN REVIEW APPROVAL FOR GRADING AND
CONSTRUCTION OF A NEW SINGLE FAMILY
RESIDENCE AND GRANTING A VARIANCE REQUEST
TO ENCROACH WITH A WALL INTO THE FRONT
YARD SETBACK AT 1 SAGEBRUSH LANE IN ZONING
CASE NO. 637-REVISED, (FAN).
ExHieir''/\
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES
HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. Applications were duly filed by Mr. Fan with respect to real
property located at 1 Sagebrush Lane, Rolling Hills, (Lot 100-A-2-RH), CA requesting a
Site Plan Review to permit grading and construction of a new residence with a pool and
requesting a Variance to permit a retaining wall to encroach into the front yard setback
at a vacant property.
Section 2. The Planning Commission adopted Resolution No. 2001-20 at the
October 16, 2001 meeting approving the construction of a new single family residence,
with a guesthouse, pool, future stable and a wall, which would encroach into the front
yard setback at a vacant lot at 1 Sagebrush Lane.
Section 3. Staff reported the Commission's action to the City Council at its
October 22, 2001 meeting. The Council expressed concerns about the calculations for the
disturbed area and questioned whether the "double private" road (Sagebrush Lane),
was included in the calculations for the disturbed lot area and deducted from the
calculations for.the net lot area. Ultimately, the City Council took jurisdiction of the case
on November 12, 2001, and remanded it back to the Planning Commission.
Section 4. Between the October and the November City Council meetings, staff
met with the applicant's representative several times to determine if the Municipal Code
has been properly applied in measuring the net lot area and disturbed area. It was
confirmed that the "double driveway" was deducted from the net lot area, however it
was not included in the disturbed area.
Section 5. The architect revised the site plan, and is currently requesting to
construct a 7,272 square foot house with 920 square foot garage, 5,814 square foot
basement, 315 square foot swimming pool and a 450 square foot future stable. No
guesthouse is proposed with this application. A 4-foot retaining wall is proposed in the
front yard setback 'to allow for the construction of the driveway.
Section 6. The Planning Commission conducted duly noticed public hearing
to. consider the applications on December 18, 2001. The Commission visited the site on
August 6, 2001 when the original application was being considered. The applicant was
notified of the public hearing in writing by first class mail. Evidence was heard and
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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.
Section 7. The Planning Commission finds that the project qualifies as a Class
3 Exemption (The State of CA Guidelines, Section 15303) and is therefore categorically
exempt from environmental review under the California Environmental Quality Act.
Section 8. Section 17.16.110 of the Municipal Code requires that front yard
setback be fifty (50) feet from the roadway easement line. Sections 17.38.010 through
17.38.050 permit approval of a Variance from the standards and requirements of the
Zoning Code when exceptional or extraordinary circumstances applicable to the
property and not applicable to other similar properties in the same zone prevent the
owner from making use of a parcel of property to the same extent enjoyed by similar
properties in the same vicinity. The applicant is requesting permission to allow one, not
to exceed 4-feet high and 120 feet long, retaining wall to be located in the front yard
setback area. With respect to this request for a Variance, the Planning Commission finds
as follows:
A. There are exceptional and extraordinary circumstances and conditions
applicable to the property that do not apply generally to the other property or class of
use in the same zone because the lot is irregular in shape and is developed with a
substantial slope from the front property line to the 50-foot front yard setback line. The
proposed retaining wall will assist in preventing an existing slope from potential
collapse, and will protect the hillside from damage due to erosion.
B. The Variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property in the same vicinity and zone,
but which is denied to the property in question because due to the existing grade and
irregular shape of the property, the placement of the house and driveway require a
small cut into the toe of the slope.
C. The granting of the Variance would not be materially detrimental to the
public welfare or injurious to the property or improvements in such vicinity and zone
in which the property is located because the wall will be incorporated into the
landscaping and will contain planters. In addition, the wall will not be visible from the
public right-of-way and will be screened by existing mature trees. Construction of said
wall would eliminate the necessity for any additional grading on the hillside.
Section 9. Based upon the foregoing findings and the evidence in the record,
the Planning Commission hereby approves the Variance to permit the construction of a
retaining wall that will be located in the front yard setback, in accordance with the
development plan'dated December 12, 2001, and marked Exhibit A in Zoning Case No.
637-Revised, subject to the conditions contained in Section 12 of this resolution.
Section 10. Section 17.46.030 of the Rolling Hills Municipal Code requires a
development plan to be submitted for site plan review and approval before any grading
requiring a grading permit or any building or structure may be constructed or any
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expansion, addition, alteration or repair to existing buildings may be made which
involve changes to grading or an increase to the size pf the building or structure by at
least 1,000 square feet and has the effect of increasing the size of the building by more
than twenty-five percent (25%) in any thirty-six (36) month period. With respect to the
Site Plan Review application requesting construction of the new house, pool, and future
stable at an existing vacant lot, the Planning Commission makes the following findings
of fact:
A. The proposed development is compatible with the General Plan, the
Zoning Ordinance and surrounding uses because the proposed structures comply with
the General Plan requirement of low profile, low density residential development with
sufficient open space between surrounding structures. The project conforms to Zoning
Code setback, except as approved in Section 9 above, and lot coverage requirements.
The lot has a net square foot area of 73,335 square feet. The proposed residence (7,272
sq.ft.), garage (920 sq.ft.), swimming pool (315 sq.ft.), and a future stable (450 sq.ft.) will
have 8,957 square feet which constitutes 12.2% structural coverage of the lot which is
within the maximum 20% structural lot coverage requirement. A 5,814 square foot
basement is also proposed. The total lot coverage including paved areas and driveway,
including the "double private" road will be 24,033 square feet, which equals 32.8% of
the net lot which is within the 35% maximum overall net lot coverage requirement. The
proposed project is screened from the road so as to reduce the visual impact of the
development. The disturbed area of the lot will be 40.0%, which is within the 40%
maximum permitted.
B. The development plan substantially preserves the natural and
undeveloped state of the lot by minimizing building coverage because the new
structures will not cause the lot to look overdeveloped. Significant portions of the lot
will be left undeveloped so as to maintain scenic vistas across the property. The
structures proposed will not be visible from Blackwater Canyon Road. The nature,
condition, and development of adjacent uses, buildings, and structures and the
topography of the lot have been considered, and the construction of the new house,
pool, and future stable will not adversely affect or be materially detrimental to the
adjacent uses, buildings, or structures because the proposed structures will be
constructed on a portion of the lot which is the least intrusive to surrounding
properties, will be screened and landscaped with trees and shrubs which at maturity
will not exceed 25 feet in height, is of sufficient distance from nearby residences so that
proposed structures will not impact the view or privacy of surrounding neighbors, will
improve slope stability through the use of approved drainage, will permit the owners to
enjoy their property without deleterious infringement on the rights of surrounding
property owners.
C. The proposed development, as conditioned, is harmonious in scale and
mass with the site, the natural terrain and surrounding residences. As indicated in
Paragraph A, the lot coverage maximum set forth in the Zoning Code will not be
exceeded and the proposed project is consistent with the scale of the neighborhood.
D. The development plan incorporates existing large trees and native
vegetation to the maximum extent feasible. Specifically, the development plan
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preserves dense brush and shrubs and supplements it with landscaping that is
compatible with and enhances the rural character of the community.
E. The development plan follows natural contours of the site to minimize
grading and the natural drainage courses will continue to the northwest side (rear and
side) of this lot. Grading for this project will involve 1,485 cubic yards of cut and 1,485
cubic yards of fill and will be balanced on site.
F. The development plan 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.
G. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because the proposed
driveway of off Sagebrush Lane follows natural contours and *ill require minimal
grading. The City of Rolling Hills Traffic Commission reviewed and approved the
location and design of the proposed driveway.
H. The project conforms to the requirements of the California Environmental
Quality Act and is exempt.
Section 11. Based upon the foregoing findings and the evidence in the record,
the Planning Commission hereby approves the Site Plan Review application for Zoning
Case No. 637-Revised for proposed structures as shown on the Development Plan dated
December 12, 2001, and marked Exhibit A, subject to the conditions contained in Section
12 of this resolution. Resolution No. 2001-20 is hereby vacated and superceded by this
resolution.
Section 12. The Variance request to construct a wall within the front yard
setback approved in Section 9, and the Site Plan Review approved in Section 11 of this
resolution are subject to the following conditions:
A. The Variance and Site Plan Review approvals shall expire within one year
from the effective date of approval if construction pursuant to these approvals has not
commenced within that time period, as required by 17.46.080(A) and 17.38.070(A) of the
Rolling Hills Municipal Code, or the approvals granted are otherwise extended
pursuant to the requirements of these sections.
B. It is declared and made a condition of the Variance and Site Plan Review
approvals, that if any conditions thereof are violated, this approval shall be suspended
and the privileges granted thereunder shall lapse; provided that the applicant has been
given written notice to cease such violation, the opportunity for a hearing has been
provided, and if requested, has been held, and thereafter the applicant fails to correct
the violation within a period of thirty (30) days from the date of the City's
determination.
C. All requirements of the Building and Construction Ordinance, the Zoning
Ordinance, and of the zone in which the subject property is located must be complied
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with unless otherwise set forth in the Permit, or shown otherwise on an approved plan.
All the requirements for the basements shall be met subject to Section 17.20.020 of the
Zoning Code.
D. This approval shall be subject to the approval of the soils, geology,
drainage, grading and geotechnical reports and studies by the Los Angeles County
Department of Public Works.
E. The lot shall be developed and maintained in substantial conformance
with the site plan on file marked Exhibit A, and dated December 12, 2001, except as
otherwise provided in these conditions.
F. The working drawings submitted to the County Department of Building
and Safety for plan check review must conform to the development plan approved with
this application.
G. The future barn shall conform to all of the requirements of Sections
17.16.170 and 17.16.200 of the Zoning Code and be in substantial conformance with the
site plan on file marked Exhibit A and dated December 12, 2001.
H Grading shall not exceed 1,485 cubic yards of cut and 1,485 cubic yards of
fill and shall be balanced on site.
Structural lot coverage shall not exceed 8,597 square feet or 12.2%.
J. Total lot coverage of structures and paved areas shall not exceed 24,033
square feet or 32.8% , which includes Sagebrush Lane, in conformance with lot coverage
limitations.
K. The disturbed area of the lot shall not exceed 29,300 square feet or 40.0% of
the net lot area in conformance with lot disturbance limitations.
L. Residential building pad coverage on the 28,856 square foot residential
building pad shall not exceed 8,507 square feet or 29.5%; coverage on the 1,000 square
feet future barn pad shall not exceed 450 square feet or 45.0%.
M. Landscaping shall include water efficient irrigation, to the maximum
extent feasible, that incorporates a low gallonage irrigation system, utilizes automatic
controllers, incorporates an irrigation design using "hydrozones," considers slope
factors and climate conditions, and utilizes means to reduce water waste resulting from
runoff and overspray in accordance with Section 17.27.020 (Water efficient landscaping
requirements) of the Rolling Hills Municipal Code.
N. No grading or additional lot disturbance, other than approved herein for
the proposed construction, shall be allowed for landscaping or other purposes on
subject lot.
O. Landscaping for the entire project shall be designed using mature shrubs
and trees, which at full maturity shall not exceed 25 feet in height or the ridge height of
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7
the residence, whichever is lower, so as not to obstruct views of neighboring properties.
This section shall apply to the existing and proposed trees and shrubs.
P. A bond in the amount of the cost estimate of the implementation of the
landscaping plan plus 15% shall be required to be posted prior to issuance of a grading
and building permit and shall be retained with the City for not less than two years
after landscape installation. After the two-year period, upon the request of the
applicant, the retained bond will be released by the City Manager after the City
Manager or his designee determines that the landscaping was installed pursuant to the
landscaping plan as approved, and that such landscaping is properly established and
in good condition.
Q. During construction, any soil disturbance shall preserve the existing
topography, flora, and natural features to the greatest extent possible.
R. During construction, the Erosion Control Plan containing the elements set
forth in Section 7010 of the 1998 County of Los Angeles Uniform Building Code shall be
followed to minimize erosion and to protect slopes and channels to control stormwater
pollution as required by the County of Los Angeles.
S During and after construction, all parking shall take place on the project site
and, if necessary, any overflow parking shall take place within nearby roadway
easements.
T. During construction, the property owners shall be required to schedule and
regulate construction and related traffic noise throughout the day between the hours of
7 AM and 6 PM, Monday through Saturday only, when construction and mechanical
equipment noise is permitted, so as not to interfere with the quiet residential
environment of the City of Rolling Hills.
U. The property owners shall be required to conform with the Regional
Water Quality Control Board and County Health Department requirements for the
installation and maintenance of septic tanks.
V. 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 stormwater drainage facilities.
X. 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) related to solid waste.
Y. A drainage plan system shall be approved by the Planning Department
and County District Engineer, to include any water from any site irrigation systems and
that all drainage from the site shall be conveyed in an approved manner.
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Z. A detailed drainage plan and grading plan that conforms to the
development plan as approved by the Planning Commission shall be submitted to the
Rolling Hills Planning Department staff for their review and approval.
AA. The project must be reviewed and approved by the Rolling Hills
Community Association Architectural Review Committee prior to the issuance of any
grading or building permit.
AB. The driveway access to the property shall be from Sagebrush Lane. The
construction of the driveway shall comply with the requirements of the Traffic
Commission.
AC. The Planning Commission has resolved that the front of the property is
along Blackwater Canyon Drive.
AD. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills
Municipal Code, any modifications to the project, which would constitute additional
structural development, shall require the filing of a new application for approval by the
Planning Commission.
AE. Until the applicant executes an Affidavit of Acceptance of all conditions of
the Variance and Site Plan Review approvals, as required by Section 17.42.070 of the
Municipal Code, the approvals shall not be effective.
AF. All conditions of the Variance and Site Plan approvals that apply shall be
complied with prior to the issuance of a building permit from the County of Los
Angeles.
PASSED, APPROVED AND ADOPTED THIS 15TH DAY OF JANUARY, 2002.
ALLAN ROBERTS, CHAIRMAN
ATTEST:
ru_ivry.( .1�..�.��
MARILYN KENN, DEPUTY CITY CLERK
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2002-02 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A SITE PLAN REVIEW APPROVAL FOR
GRADING AND CONSTRUCTION OF A NEW SINGLE FAMILY
RESIDENCE AND GRANTING A VARIANCE REQUEST TO
ENCROACH WITH A WALL INTO THE FRONT YARD SETBACK AT 1
SAGEBRUSH LANE IN ZONING CASE NO. 637-REVISED, (FAN).
was approved and adopted at a regular meeting of the Planning Commission on
January 15, 2002 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CommissionersIHankins, Margeta, Sommer, Witte and
Chairman Roberts.
None.
None.
None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
rn n „Milt!
DEPUTY CITY CLERK
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