1169.pdfRESOLUTION NO. 1169
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS
APPROVING A REQUEST FOR A SITE PLAN REVIEW AND VARIANCE
REGARDING STAIRS, WALLS AND RELATED IMPROVEMENTS IN ZONING
CASE NO. 863 AT 38 PORTUGUESE BEND ROAD, LOT 118-RH, (WHEELER).
THE PROJECT WAS DETERMINED TO BE EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA).
THE CITY COUNCIL DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was duly filed by Mr. and Mrs. Wheeler with respect to real
property located at 38 Portuguese Bend Road, Rolling Hills (Lot 118-RH) requesting a Site Plan Review
and Variance to allow a modification to a previously approved over-the-counter approval for
construction of stairways and related retaining walls located between the residence pad and lower
accessory pool pad, and for approval of new proposed improvements. The applicants seek to retain
certain unpermitted stairway, retaining walls, and related structures in their as -graded and as -built
condition, however, it has been determined that the as built project exceeds the scope of work that was
previously authorized administratively with respect to amount of disturbance, grading and height of
retaining walls, necessitating the filing of Site Plan Review and Variance applications. The applicants
have also constructed, and wish to retain an unpermitted 4' high retaining wall located easterly of the
bottom stairs and south of the existing guest house on the swimming pool building pad. Finally, the
applicants have also constructed and wish to retain a 15 square foot hose bib paved pad.
Section 2. The "as built" stairway, landings and patio feature is approximately 1,810 square
feet in area and consists of 5 levels created by approximately 202 lineal feet of retaining walls which
step down along staircases to a lower level. The main purpose of the structure is to provide pedestrian
access from the residential building pad to the lower pool pad; however, the structures also include a
patio, fire pit and water features (fountain and waterfall) at the second and third levels below the
residential pad, encircled on both sides by stairs. Two of the as -built retaining walls exceed 5 feet in
height, including a 77" wall at the back of the patio level and a 9'6" wall as measured from the bottom
of the footing at the back of the water feature level. A variance is requested for those walls.
Section 3. The applicants also request a Site Plan Review for several new retaining walls and
grading. Grading of 80 cubic yards total is requested for two parallel walls of 5'4" and 5'6" at the base
of the stairway forming a storage bench south of the previously approved covered patio on the pool pad
and a not to exceed 3- 3.5 foot high and 220 foot long retaining wall to extend from the bench wall and
continue in northerly direction along the existing gravel and dirt path. Although the storage bench walls
near the covered patio will be over 5' from the ground, once landscaped and graded out the exposed
portion above finished grade will not exceed 3' in height; therefore a variance is not required.
Section 4. Following Planning Commission approval of the project with certain conditions to
soften the walls and stairs with planting, the City Council took jurisdiction of the project. Pursuant to
Section 17.54.015 of the Rolling Hills Municipal Code, a review hearing for cases taken under
jurisdiction by the City Council shall be conducted as de novo hearings.
Section S. The City Council conducted duly noticed public hearings to consider the
application on February 9, 2015 in the field and at their regularly scheduled meeting, also on February 9,
2015. Neighbors within 1,000 -foot radius were notified of the public hearings and a notice was
published in Palos Verdes Peninsula News on January 29, 2015. 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 applicant's
engineer and attorney and the City Council having reviewed, analyzed and studied said proposal. No
objections were received from residents and staff received one letter of support for the project.
Section 6. The City Council finds that the project qualifies as a Class 4 Exemption (State of
CA Guidelines, Section 15304 - Minor Land Alteration) and is therefore categorically exempt from
environmental review under the California Environmental Quality Act.
Section 7 - Variance. Sections 17.38.010 through 17.38.050 of the Code permit approval of a
variance from the standards and requirements of the Zoning Ordinance when, due to exceptional or
extraordinary circumstances applicable to the property and not applicable to other similar properties in
the same zone, strict application of the Code would deny the property owner substantial property rights
enjoyed by other properties in the same vicinity and zone. The applicants request a Variance to retain the
Resolution No. 1169 (38 Portuguese Bend Road) 1
"as built" retaining walls that exceed 5' in height. Based upon the evidence in the record, the City
Council hereby approves the request for a variance in Zoning Case No. 863 to retain the "as built"
retaining walls exceeding 5' in height (the 77" wall at the back of the patio level and the 8' wall at the
back of the water feature level, as measured from the water level and 9' 6"high as measured from the
footing) and makes the following findings:
A. There are exceptional and extraordinary circumstances and conditions applicable to the
property that do not apply generally to other properties in the same vicinity and in the same zone.
Section 17.16.190F of the Municipal Code provides that retaining walls may not exceed 5' in height
averaging 2 `/Z feet. The site contains two building pads that have a significant (20 foot) difference in
elevation within a relatively short distance. While access between the pads may be accomplished with
the 3' high retaining walls previously approved, the applicants' representatives assert that the current
proposal is a superior design.
B. The variance is necessary for the preservation and enjoyment of a substantial property
right possessed by other properties in the same vicinity and zone, but which would be denied to the
property in question absent a variance. Although the applicants could provide access between the
residence and the pool without having to construct retaining walls over 3' in height, that scheme would
require additional terracing of the land area and construction of intermediate walls in between the
terraces. The Municipal Code recognizes fountains and other water features as common design options
for residents; however, the shorter terraced walls that would be necessary to comply with the Code in
absence of a variance would deprive the applicants of the proposed fountain water feature.
C. In granting the variance, the spirit and intent of the Zoning Ordinance will be observed.
The purpose of the Zoning Ordinance is to regulate development in an orderly fashion and in a manner
consistent with the goals and policies of the General Plan. The landscaping plan presented at the
November 18, 2014 Planning Commission meeting and reviewed by the City Council would cause the
project to blend into the hillside and result in a natural, rural look consistent with the General Plan.
Further, a neighbor provided testimony that the project would not be visible from the road.
D. Approval of the variance would not afford the applicants special privilege because in
order to enjoy their property access is necessary to the lower pool pad from the residential pad and the
applicants have shown that the "as built" and proposed walls and structures 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 of sufficient distance from nearby residences and will substantially follow the
existing slope.
Section 8 — Site Plan Review -Proposed Development.. Section 17.46.030 requires a development
plan to be submitted for site plan review and approval before any development requiring a grading
permit or any building or structure may be constructed. Based upon the evidence in the record, the City
Council hereby approves the request for Site Plan Review with respect to the proposed development
including grading and development of two parallel retaining walls at the base of the stairway forming a
storage bench south of the previously approved covered patio on the swimming pool pad proposed at
5'4" and 5'6" but not to exceed 3' of exposed height above grade.
A. The three proposed retaining walls would result in development compatible with
surrounding residences, the Zoning Ordinance and the General Plan requirement of low profile
development because the proposed walls would follow the natural slope of the land and would be
landscaped to achieve a natural, rural look. Additionally, the not to exceed 3.5' retaining wall will
contribute to fiu-ther stability of the slope and not make the area look overbuilt would not disturb the
natural terrain more than necessary, and with the introduction of landscaping would be compatible with
the residential character of the lot.
B. The proposed retaining walls for the storage bench and the continuation of a not to
exceed 3'-3.5' high wall along the slope of the dirt path leading to the future stable area are consistent
with the purpose, goals, and requirements applicable to Site Plan Review. Specifically, the three
retaining walls are designed consistent with the General Plan and the Zoning Ordinance and will be
harmonious in scale and mass with the site, the natural terrain and surrounding residences because the
walls will not exceed 3' in height of exposed area above grade, will be located at the base of the
stairway at a lower elevation of the lot, and will integrate into the natural terrain and follow the natural
contours of the site and the wall along the path will retain a slope to prevent erosion and sloughing of the
dirt above it.
Resolution No. 1169 (38 Portuguese Bend Road) 2
Section 9 - Site Plan Review-As-Built/As-Graded Development. Section 17.46.030 of the Zoning
Ordinance 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. Section 17.16.190F
requires a Site Plan review for walls over 3 feet in height. Based upon the evidence in the record, the
City Council hereby approves the request for Site Plan Review with respect to the "as built" 4' high
retaining wall to the south of the guest house and the 15 square foot "as graded" hose bib pad.
Specifically:
A. That portion of the proposed development is compatible with the General Plan and
surrounding uses because the 4' retaining wall and hose pad comply with the requirement of low profile,
low-density residential development with sufficient open space between surrounding structures. The
grading for both improvements is minor (a total of 35 cubic yards of cut and fill) on a large lot, and is
not contained in a concentrated area, therefore the lot would not have the appearance of having
unnatural terrain, as the grading blends into natural looking conditions, the wall is located on a side of
the existing guest house and is not visible from adjacent properties, and the hose pad has minimal impact
on the site.
B. The plan for the retaining wall substantially preserves the natural and undeveloped state
of the lot because it does not cause the lot to look overdeveloped. The 4' wall would create a flat area at
the side of the guest house, which would separate the guest house from the stair feature above.
Significant portions of the lot will be left undeveloped so as to maintain open space on the property. The
nature, condition, and development of adjacent uses, buildings, and structures and the topography of the
lot have been considered, and the construction will not adversely affect or be materially detrimental to
the adjacent Uses, buildings, or structures because the proposed improvements will be constructed on a
portion of the lot which is least intrusive to surrounding properties, will be screened and landscaped with
plants and shrubs, is of sufficient distance from nearby residences so that the proposed project will not
impact the view or privacy of surrounding neighbors.
C. The proposed 4' high retaining wall, as conditioned, and the hose pad, are harmonious in
scale and mass with the site, the natural terrain and surrounding residences. Both improvements are
consistent with the scale of the neighborhood for the reasons set forth above.
D. The proposed development is sensitive and not detrimental to the convenience and safety
of circulation for pedestrians and vehicles because the proposed development will utilize the existing
driveway.
E. The project is exempt from the California Environmental Quality Act.
Section 10. Based upon the foregoing findings and the evidence in the record, the City Council
hereby approves the proposed project subject to the following conditions:
A. The approval shall expire within two years from the effective date of approval as defined
in Sections 17.46.080(A) of the Zoning Ordinance unless otherwise extended pursuant to the
requirements of this section.
B. If any conditions of approval are violated, this approval shall be suspended and the
privileges granted hereunder shall lapse; provided that the applicants have been given written notice to
cease such violation, the opportunity for a hearing has been provided, and if requested, has been held,
and thereafter the applicant fails to correct the violation within a period of thirty (30) days from the date
of the City's determination.
C. All requirements of the Building Code and the Zoning Ordinance including outdoor
lighting requirements, landscaping and all other requirements of the zone in which the subject property
is located must be complied with, unless otherwise set forth in this approval.
D. A revised site plan showing the approved improvements and the "as built" improvements
shall be submitted to the City and to the Building and Safety Department for review and issuance of
building permits. Building and grading permits shall be obtained and all fees and penalties shall be paid
based on the project approved herein.
E. This project including all hardscape shall be reviewed and approved by the RHCA. Any
deviations to this project that the RHCA may recommend or request, which would trigger additional
grading, require additional walls or affect any of the herein approved development shall be submitted for
review by the City.
Resolution No. 1169 (38 Portuguese Bend Road) 3
F. The lot shall be developed and maintained in substantial conformance with the site plan
on file as required to be submitted to reflect this approval in subsection D above and the landscaping
plan submitted and stamp dated November 5, 2014. Any trees and shrubs used in the landscaping
scheme for this project shall be planted in a way that will not result in a hedge like screening and as to
not to impair views from neighboring properties but to screen the project site, including the walls.
G. Prior to submittal of final working drawings to the Building and Safety Department for
issuance of grading and/or 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.
H. 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.
Further, the person obtaining a building and/ or grading permit for this project shall execute a Certificate
of Construction stating that the project will be constructed according to this Resolution and any plans
approved therewith.
I. Structural lot coverage shall not exceed 9,784 square feet or 5.1% in conformance with
structural lot coverage limitations and includes 720 sq.ft. future stable. The total lot coverage shall not
exceed 27,332 square feet or 14.2%.
J. The disturbed area of the lot shall not exceed 68,813 square feet or 35.7% in
conformance with disturbed area limitations.
K. Grading shall not exceed 80 cubic yards of dirt total. All of the slopes disturbed due to
the construction of the stairs and walls shall be landscaped.
L. The two parallel walls forming the storage area, south of the covered detached patio,
which was approved previously, shall be exposed at a maximum of 3' from the finished grade. The
continuation wall along the dirt and gravel path along the easterly side of the path shall not exceed 220
feet in length and 3'-3.5' in height.
M. The entire access road to the future stable, which also provides access to the pool
building pad shall not be widened or paved, including with decorative porous pavers or similar material.
It shall remain covered with dirt, gravel or chips, until such time when construction of a stable is
approved and the access is reviewed and approved otherwise by the Planning Commission.
N. Two copies of landscaping and irrigation plans for the project including areas of
disturbance, shall be submitted for review by the Planning Department prior to obtaining a building
permit. The landscaping shall include water efficient plants and irrigation that incorporates a low
gallonage irrigation system, utilizes automatic controllers, incorporates an irrigation design using
"hydrozones," considers slope factors and climate conditions in design, and utilizes means to reduce
water waste resulting from runoff and overspray.
A 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 grading and 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 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.
O. Minimum of 50% of the demolition and construction materials must be recycled/diverted.
The applicant's hauler/contractor shall obtain a Construction and Demolition permit from the City and
provide verification of recycling.
P. The property owner and/or his/her contractor/applicant shall be responsible for
compliance with the no -smoking provisions in the Municipal Code. The contractor shall not use tools
that could produce a spark, including for clearing and grubbing, during red flag warning conditions.
Weather conditions can be found at:
http://www.wrh.noaa.gov/lox/main.php?suite=safety&page=hazard definitions#FIRE.
Resolution No. 1169 (38 Portuguese Bend Road) 4
It is the sole responsibility of the property owner and/or his/her contractor to monitor the red flag
warning conditions.
Q. During construction, dust control measures shall be used to stabilize the soil from wind
erosion and reduce dust and objectionable odors generated by construction activities in accordance with
South Coast Air Quality Management District, Los Angeles County and local ordinances and
engineering practices.
R. During construction, conformance shall be required with storm water pollution
prevention practices, County and local ordinances and engineering practices so that people or property
are not exposed to undue vehicle trips, noise, dust, landslides, mudflows, erosion, or land subsidence.
S. During and after construction, all parking shall take place on the project site. Any
overflow parking may be on the adjacent roadway easements but shall not obstruct driveways or the
road.
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 Roiling Hills.
U. The property owners shall be required to conform to the Regional Water Quality Control
Board and County Health Department requirements for the installation and maintenance of storm water
drainage facilities.
V. Perimeter easements and trails, if any, including roadway easements shall remain free and
clear of any improvements including, but not be limited to, walls, fences -including construction fences,
landscaping, irrigation and drainage devices, play equipment, parked vehicles, building materials, debris
and equipment, except if approved by the RHCA.
W. Notwithstanding Section 17.46.020 of the Rolling Hills Municipal Code, there shall
be no further modifications, changes or variations to the project approved by this resolution and
any further development on the property, unless reviewed and approved by the Planning
Commission.
X. The applicants shall execute an Affidavit of Acceptance of all conditions of the Site Plan
Review approval, or the approval shall not be effective, and the Resolution recorded at the County
Recorders' office.
Y. All conditions, when applicable, must be complied with prior to the issuance of a grading
and building permit from the Building and Safety Department.
Z. 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 23rd DAY OF FEBRUARY 2015.
B. ALLEN LAY
MAYOR
ATTEST:
HEIDI LUCE
CITY CLERK
Resolution No. 1169 (38 Portuguese Bend Road) 5
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 1169 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS
APPROVING A REQUEST FOR A SITE PLAN REVIEW AND VARIANCE
REGARDING STAIRS, WALLS AND RELATED IMPROVEMENTS IN ZONING
CASE NO. 863 AT 38 PORTUGUESE BEND ROAD, LOT 118-RH, (WHEELER).
THE PROJECT WAS DETERMINED TO BE EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA).
was approved and adopted at a regular meeting of the City Council on February 23, 2015, by the
following roll call vote:
AYES: Councilmember Black, Dieringer, Hill, Pieper and Mayor Lay.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
HEIDI LUCE
CITY CLERK
Resolution No. 1169 (38 Portuguese Bend Road) 6