1148RESOLUTION NO. 1148
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS
GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND
CONSTRUCTION OF A NEW RESIDENCE AND A VARIANCE TO
ENCROACH WITH A PORTION OF THE RESIDENCE INTO THE FRONT
YARD SETBACK IN ZONING CASE NO. 830, AT 6 PORTUGUESE BEND
ROAD, (LOT 22-RH), (CHANG). THE PROJECT HAS BEEN DETERMINED TO
BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA).
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS
FOLLOWS:
Section 1. An application was duly filed by Mr. and Mrs. Tsern Shi Chang with
respect to real property located at 6 Portuguese Bend Road requesting a Site Plan Review for
grading of total of 340 cubic yards of cut and fill to be balanced 'on for the construction of a
new 4,527 square foot residence with 1,007 square foot attached garage, 479 square feet
covered porches, and a service yard. A not to exceed 4 -foot wall is proposed in the rear,
between the garage and the residence. The applicants also seek a Variance to allow the new
residence to encroach 20 -feet into the front yard setback.
Section 2. The Planning Commission conducted several duly noticed public hearings
to consider the application and at two field trips to the property and approved the project on
April 21, 2013. The City Council at their meeting of May 13, 2013 took the case under. their
jurisdiction and held a field trip public hearing on June 24, 2013 and resumed deliberation of
the case at their regular meeting on June 24, 2013. The applicants were notified of the public
hearings in writing by first class mail. Evidence was heard and presented from all persons
interested in affecting said proposal and from members of the City staff, neighbors and the
City Council. The City Council having reviewed, analyzed and studied said proposal at their
June 24, 2013 meeting directed staff to prepare a resolution to approve the project. The
applicants and their representatives were in attendance at the hearings.
Section 3. The property is zoned RAS -1 and is located on the corner of Portuguese
Bend Road and Saddleback Road. Not including the roadway easements, the lot is 1.20 acres.
For development purposes the net lot area of the lot is 41,704 square feet or 0.95 acres. The lot
is irregular in shape as it is long and narrow. The lot narrows in width towards Saddleback
Road.
Section 4. The property is developed with a 1,924 sq.ft. single family residence and a
385 sq.ft. garage, where 809 sq.ft. of the house and 385 sq.ft. of the garage are within the front
yard setback. The current encroachment into the front setback varies between 11' to 28.5'. The
new house will encroach between 11' to 20' into the front setback. The existing house will be
demolished. The existing driveway is proposed to be moved in a northerly direction and was
approved by the Traffic Commission.
Section 5. Pursuant to Ordinance No. 326, a residence may be reconstructed within
the original footprint and encroachment, providing the .property is located in the RAS -1 zoning
district, is not larger than 1.25 acres in size (excluding roadway easements), and the
encroachment is not greater than 20' into the front setback and not greater than 10' into the
side setback.
The subject property meets the criteria of Ordinance No. 326 due to the size of the lot and the
existing encroachment. The applicants propose to re -construct the portion of the existing
residence within the existing encroachment (not to exceed 20') and encroach up to 20' into the
front setback with the new portion of the residence, which requires a Variance and is being
requested.
Section 6. The City Council finds that the project qualifies as a Class 3 Exemption,
and is therefore categorically exempt from environmental review under the California
Environmental Quality Act.
Resolution No. 1148
1
Section 7. Section 17.46.030 requires a development plan to be submitted for Site
Plan Review and approval before any grading requiring a grading permit or any new 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 not more than 999 square feet in any thirty-six (36) month period.
With respect to the Site Plan Review application requesting grading and construction of a new
residence, the City Council 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 lot size is adequate to accommodate the new
residence and not look overdeveloped. The newer homes in the neighborhood are similar or
larger in size to the proposed home on similar lots. The project conforms to Zoning Code lot
coverage requirements. The net lot area of the lot is 41,704 square feet. The structural net lot
coverage is proposed at 15.9%, which includes all the structures, with allowance for permitted
deductions, (20% max. permitted); and the total lot coverage proposed will be 28.5%, (35%
max. permitted). The disturbed area of the lot is proposed at 39.9%, which includes
disturbance for a future stable and corral.
B. The development plan substantially preserves the natural and undeveloped state
of the lot by minimizing grading and building coverage because the new structure will not
cause the lot to look overdeveloped. Significant portions of the lot will be left undeveloped so
as to maintain open space on the property. The applicants propose to utilize the existing
building pad for much of the new residence, therefore minimizing grading. However
additional minimal grading is necessary to complete the project. The rear of the lot is steep and
the natural topography of the sloped areas will remain. 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 will not adversely affect or be
materially detrimental to the adjacent uses, buildings, or structures because the proposed
structure will be constructed on a portion of the lot which is least intrusive to surrounding
properties, will be screened and landscaped with trees and shrubs, is a sufficient distance from
nearby residences so that the proposed structures will not impact the view or privacy of
surrounding neighbors, and will substantially utilize the existing building pad.
C. The proposed development, as conditioned, is harmonious in scale and mass
with the site, the natural terrain and surrounding residences. The proposed house is not
excessive for the size of the lot. The project takes advantage of the new ordinance, which
allows a portion of the new residence to encroach into the front setback, and eliminates
additional grading, therefore preserving the natural terrain in the rear of the lot.
D. The development plan incorporates existing trees and is screened from other
properties, which will be preserved. The applicant is proposing to keep the large trees on the
property and shrubs along the western property line to screen the residence from Portuguese
Bend Road. New landscaping along Portuguese Bend Road will be planted.
E. The development plan follows to the maximum extent practicable contours of the
site to minimize grading and retain the natural drainage courses. The project utilizes most of
the existing building pad area, however portions of the lot will be filled to create gentler pad.
The graded areas will be landscaped.
F. The proposed development is sensitive and not detrimental to the convenience
and safety of circulation for pedestrians and vehicles because the new driveway will be built to
Fire Department standards and affords better visibility of the main road than the existing
driveway. A larger than existing garage will be constructed to house more cars.
G. The project conforms to the requirements of the California Environmental
Quality Act and is exempt.
Resolution No. 1148
2
Section 8. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code
permit approval of a Variance .from the standards and requirements of the Zoning Ordinance
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. A Variance to
Section 17.16.110 is required because it states that every lot in the RAS -1 zone shall have a front
setback of not less than 50 feet from the roadway easement line and shall be unobstructed. The
applicant is requesting a Variance to encroach into the front setback. With respect to this
request for a Variance, the City Council 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. The existing residence was constructed in 1942 and it encroaches into the front setback.
The encroachment permits the use of the lot to the extent allowed for other properties with
similar lot configurations. The lot was graded at that time to create a pad for construction in a
manner that the structure was placed towards the front of the property. The topography of the
lot together with the fact that the existing pad and residence are located in the front setback
create difficulty in constructing the new residence elsewhere on the property without
intruding on neighbors privacy.
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 is necessary because the existing terrain and
development on the lot creates a difficulty in placing the new construction elsewhere on the
property. The lot is located on a very unique property where the front is very long, therefore
moving the house out of the front setback in an easterly direction would put the house close to
an area of a steep terrain and closer to neighbors.
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. The proposed construction will be constructed largely on an existing
building pad, will be the least intrusive to surrounding properties and require the least
amount of grading, will be screened and landscaped, is of sufficient distance from nearby
residences and is a lesser encroachment than currently exists into the front setback. The
development 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.
D. In granting of the Variance the spirit and intent of the Zoning Ordinance will be
observed in that the proposed construction will be orderly, attractive and shall protect the
rural character of the community. The proposed residence will not encroach into the existing
or potentially future equestrian uses on the property. A stable and corral area will be retained
on the lot.
E. The Variance request is consistent with the General Plan of the City of Rolling
Hills because the proposed structures comply with the General Plan requirement of low
profile, low-density residential development with sufficient open space between surrounding
structures.
Section 9. Based upon the foregoing findings in Sections 7 and 8, the City Council
hereby approves the Site Plan Review application and a Variance as shown on the Site Plan
dated April 5, 2013 subject to the following conditions:
A. The conditions of approval specified herein shall be printed on all construction
plans, including those for Building Department, and shall be available at all times at the
construction site.
B. The Site Plan Review and Variance approvals shall expire within two years 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, and 17.38.070 of the Rolling Hills
Municipal Code, or the approval granted is otherwise extended pursuant to the requirements
of those sections.
C. It is declared and made a condition of the approval, that if any conditions thereof
are violated, this approval shall be suspended and the privileges granted hereunder shall
Resolution No. 1148
3
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.
D. All requirements of the Building and Construction Code, the Zoning Code of the
zone in which the subject property is located, including City of Rolling Hills and RHCA
roofing material standards, building material standards, Outdoor Lighting Standards and
others, must be complied with unless otherwise set forth in this approval, or shown otherwise
on an approved plan.
E. The lot shall be developed and maintained in substantial conformance with the
site plan on file dated April 5, 2013 including the height of the proposed structure.
F. The working drawings submitted to the Department of Building and Safety for
plan check and construction review must conform to the development plan approved with this
application. 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 all of the conditions set forth therein and the
City's Building Code and Zoning Ordinance.
G. Prior to submittal of final plans to the Building Department for issuance of
grading or building permits, the plans for the project shall be submitted to staff for verification
that the final plans are in compliance with the plans approved by the Planning Commission.
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.
H. Grading shall not exceed 170 cubic yards of cut, 170 cubic yards of fill to be
balanced on site..
I. Structural lot coverage shall not exceed 6,631 square feet or 15.9% of the net lot
area.
J Total lot coverage of structures and paved areas shall not exceed 11,867 square
feet or 28.5% in conformance with lot coverage limitations.
K. The disturbance of the net lot may not exceed 39.9% or 16,648 square feet of the
net lot.
L. Residential building pad coverage on the 8,299 square foot residential building
pad shall not exceed 75.1% or 6,179 sq.ft. (not including most of the covered porch, but
including the stable).
M. The driveway shall be constructed per the plan approved by the Traffic
Commission.
N. All utility lines to the development shall be placed underground.
O. The applicants shall be required to conform to the City of Rolling Hills Water
Efficient Landscape Ordinance, Chapter 13.18 of the Municipal Code. The applicant shall
submit to the City two copies of a landscaping and irrigation plan and water usage
certification prior to obtaining grading or building permits. Within 90 -days of completion of
the construction of the project, the applicant shall submit a landscaping compliance
certification.
P. A fuel modification plan, a landscape plan, and an irrigation plan prepared by a
registered landscape architect, landscape designer, landscape contractor, or an individual with
expertise acceptable to the forestry division of the fire department shall be submitted and
approved by the Fire Department. A copy of a Covenant and Agreement for maintenance of
the fuel modification plan shall be recorded at the registrar-recorder/county clerk's office and
Resolution No. 1148
4
copy submitted to the City. A Fire Dept. approved fuel modification plan shall also be
submitted to the City.
Q The development shall be screened' from Portuguese Bend Road by trees and
shrubs, which shall not grow higher than. the ridge, line of the residence and shall be planted
on the property (behind the roadway easement line) in an off set manner. The growth may not
result in a hedge like screening of the development.
R. Prior to the issuance of building permit two copies of a preliminary landscape
and irrigation plan, per the above requirements, shall be submitted for review by the Planning
Department. A security in the amount of the cost estimate of the implementation of the
landscaping plan (including irrigation), plus 15% shall be required to be posted prior to
issuance of building permits and shall be retained with the City for not less than two years
after landscape installation. The retained security will be released by the City after the City
Manager/ 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.
S. Minimum of 50% of the demolition and construction spoils shall be recycled and
diverted. The debris hauler shall obtain City's license and documentation of diversion shall be
submitted to the City.
T. There shall be no dumping of any debris, trash, soil spoils, construction materials
or any other matter into the canyon or on the easements.
U. The front property line, easement line and setback in the vicinity of the area of
construction shall be delineated during the entire duration of the construction.
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. During grading and construction operations, trucks shall not park, queue and/or
idle at the project site or in the adjoining right-of-way before or after the permitted hours of
operations. To the maximum extent possible, staging of equipment and parking of vehicles
during construction shall be on site.
X. 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.
Y. The applicants shall comply with requirements for bonding for grading and all
other requirements resulting from the review of the soils and geology reports.
Z. The applicant shall submit a detailed drainage plan including hydrology study, if
required, to the drainage engineer. To the maximum extent practicable, additional drainage
generated from the development shall be retained and dissipated on site. Prior to issuance of
any grading permits such approved plan shall be submitted to the Planning Department for
review and filing.
AA. No drainage device may be located in such a manner as to contribute to erosion
or in any way affect an easement, trail or adjacent properties. The energy dissipaters shall be
designed in such a manner as to not cross over any equestrian trails or easements. The
drainage system(s) shall not discharge water onto a trail, shall incorporate earth tone colors,
including in the design of the dissipater and shall be screened from any trail and neighbors
views to the maximum extent practicable, without impairing the function of the drainage
system.
Resolution No. 1148
5
AB. The property owners shall be required to conform to the Regional Water Quality
Control Board and County Public Works Department requirements for the installation and
post construction maintenance of stormwater drainage facilities.
AC. During construction, conformance with the air quality management district
requirements shall be complied with, so that people or property are not exposed to undue
vehicle trips, noise, dust, and objectionable odors. The grading activities shall be watered on a
daily basis, or more often, if necessary.
AD. An Erosion Control Plan per Building Code requirements shall be prepared to
minimize erosion and to protect slopes and channels to control storm water pollution as
required by the Code.
AE. The property owner and/or his/her contractor/ applicant shall be responsible
for compliance with the no -smoking provisions in the Municipal Code.
AF. 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.itov/lox/main.php?suite=safety&page=hazard _ definitions#FIDE. It
is the sole responsibility of the property owner and/or his/her contractor to monitor the red
flag warning conditions.
AG. Until the applicants execute and record an Affidavit of Acceptance of all
conditions of this Site Plan Review and Variance approvals, as required by the Municipal
Code, the approvals shall not be effective.
AH. All conditions of the Site Plan and Variance approvals, that apply, shall be
complied with prior to the issuance of grading or building permit.
Al. 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.
AJ. The applicant shall pay all of the applicable Building and Safety and Public
Works Department fees and Palos Verdes Peninsula Unified School District fees for new
residence.
AK. 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 8tht DAY OF JULY 2013.
ATTEST:
owddum
HEIDI LUCE,
DEPUTY CITY CLERK
Resolution No. 1148
CPA
FRAITK E. HILL
MAYOR
2
1
1
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 1148 entitled:
A .RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS
GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND
CONSTRUCTION OF A NEW RESIDENCE AND A VARIANCE TO
ENCROACH WITH A PORTION OF THE RESIDENCE INTO THE FRONT
YARD SETBACK IN ZONING CASE NO. 830, AT 6 PORTUGUESE BEND
ROAD, (LOT 22-RH), (CHANG). THE PROJECT HAS BEEN DETERMINED TO
BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA).
was approved and adopted at a regular meeting of the City Council on July 8, 2013 by the
following roll call vote:
AYES: Councilmember Black, Mayor Pro Tem Lay and Mayor Hill.
NOES: Councilmember Dieringer.
ABSENT: None.
ABSTAIN: Councilmember Pieper (recused).
and in compliance with the laws of California was posted at the following:
Administrative Offices.
HEIDI LUCE
DEPUTY CITY CLERK
Resolution No. 1148
7