2015-19RESOLUTION NO. 2015-19
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW TO
RECONSTRUCT AN EXISTING RETAINING WALL AND VARIANCE TO
ALLOW UNPERM1rrhu ACCESSORY AMENITIES WHICH ENCROACH
INTO THE REQUIRED SETBACKS, INCLDING PARTS OF THE WALL, TO
REMAIN ON THE PROPERTY IN ZONING CASE NO. 886, AT 5 BUGGY WHIP
DRIVE, (LOT 245 -A -MS), ROLLING HILLS, CA. (NGUYEN).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS
DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was duly filed by Mr. Daniel Nguyen with respect
to real property located at 5 Buggy Whip Drive, Rolling Hills, CA requesting a Site
Plan Review to reconstruct an unpermitted 265' long, not to exceed 4.2' high stacked
block retaining wall with same height masonry retaining wall along the access path to
the stable and Variances to retain unpermitted outdoor accessory amenities and the
reconstructed retaining wall in the front and side setbacks. Other than the wall, the
outdoor unpermitted structures that require a variance are as follows:
a) 89 square foot barbeque and sink with oven in the front yard setback
b) partially constructed 355 square foot trellis of which 59 square feet would
encroach into the front yard setback
C) 81 square foot fire place, of which 55 square feet encroaches into the south
side yard setback
Section 2. These improvements came to the attention of the City staff as a
complaint together with a complaint related to drainage run-off from a D.G. path onto
adjacent property. Although the drainage repair does not require a discretionary
review, it is an existing condition on the property creating a nuisance to a neighbor;
therefore, it is a requirement of this approval that the applicant correct this condition.
The wall and the outdoor amenities were constructed without City approvals or
building permits. The wall as constructed does not meet the LA County Building Code
standards for construction of retaining walls and therefore must be reconstructed and
reinforced.
Section 3. The Planning Commission conducted duly noticed public
hearings to consider the application at a regular Planning Commission meeting and in
the field on July 21, 2015. The applicant was notified of the public hearings in writing
by first class mail. Evidence was heard and received 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 and
his representative were in attendance at the hearings.
Several neighbors attended the meetings but expressed no objections to the request.
However, a neighbor requested that the drainage be corrected.
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Section 4. The subject property is zoned RAS -2- and is currently developed with
a 4,734 square foot residence, 1,008 square foot garage, 640 square foot swimming pool,
890 square foot stable, service yard, arbor, trellis and entryway and the unpermitted
structures subject to this Resolution, for a total structural coverage of 10.9% of the lot.
Section 5. The project is exempt from the California Environmental Quality Act
(CEQA) pursuant to section 15303 of the CEQA Guidelines, which addresses accessory
structures (Class 3 Categorical Exemption).
Section 6. Section 17.16.190(F) requires a Site Plan Review for walls over 3' in
height. With respect to the Site Plan Review application for the retaining wall, which
does not exceed 4.2' at any one point along the accessway to the stable, the Planning
Commission finds as follows:
A. The proposed development is compliant with all requirements of the
Zoning Ordinance except as approved herein by Variance, and is compatible with the
General Plan and surrounding uses because the proposed project is consistent with goals
and policies that require low profile, low-density residential development with sufficient
open space between surrounding structures and following strict grading practices to
preserve the community's natural terrain. The wall construction will occur in an area
previously graded and disturbed and there will be no new grading. The wall minimally
exceeds the height that staff could approve administratively and is necessary to retain a
slope above the accessway to the stable. The condition and "bulk" of the wall will be
mitigated, as the new wall is not visible from any neighbors.
The wall is to correct an illegal wall condition on the lot. The proposed retaining wall is
intended to provide a permanent solution to retaining a steep slope above the access to
the stable.
B. The development plan substantially preserves the natural and undeveloped
state of the lot by minimizing building coverage because the project does not add to
building coverage.
C. The proposed retaining wall, as conditioned, is harmonious in scale and
mass with the site, the natural terrain and surrounding residences. The proposed project
is consistent with the scale of development in the surrounding RA -S-2 similarly zoned
neighborhood. The proposed project entails a re -construction of an unpermitted,
substandard 265' long wall along an existing accessway to a stable. A large portion of the
wall is 3' in height or less and would not require discretionary approval. Only that
portion that is higher than 3' requires a Site Plan Review. The construction is required in
order to support a 2:1 slope behind the wall. 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, has been previously graded and disturbed, and is of
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sufficient distance from nearby residences that the proposed project will not impact the
view or privacy of neighbors.
D. The development plan generally follows natural contours of the site to the
maximum extend practicable to accomplish a necessary retaining wall in order to
support a 2:1 slope behind the accessway, which is necessary to access a stable and corral
area on the lot.
E. Natural drainage courses will not be affected by the project. No grading is
proposed and therefore existing drainage channels are not anticipated to be impacted.
On the contrary, with this approval, a drainage concern from the access way onto the
adjacent property to the north will be corrected. The project construction will not be
located in a canyon or on existing slopes that exceed 25°x.
F. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because no change is
proposed to the existing driveway, which is in compliance with applicable requirements.
G. The project conforms to the requirements of the California Environmental
Quality Act because it is categorically exempt.
Section 7. 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. Section 17.16.150(F) and (G), which list permitted projections and
encroachment with walls into setbacks and Section 17.16190(H), which lists conditions
for accessory outdoor amenities, do not allow accessory structures or walls above 3' high
to be located in any setbacks. A Variance to Section 17.16.120(B) is required because it
states that every lot in the RAS -2 zone shall have a side setback of not less than 35 feet
from the side property line and Section 17.16.110 requires that every lot in the City shall
have a front setback of not less than 50 feet from the road easement line. The applicant is
requesting a Variance to encroach with the as built outdoor amenities and portions of a
retaining wall into the front and side setbacks. With respect to this request for Variance,
the Planning Commission finds as follows:
A. There are exceptional circumstances and conditions applicable to the
property that do not apply generally to other properties in the same vicinity and zone
because the existing residence currently encroaches into the front setback. The outdoor
barbeque and kitchen are designed to be in line with the existing encroachment into the
front setback created by the residence. The fireplace is built into a hillside that would
otherwise present a challenge to development. The retaining wall is required to provide
structural support for the slope above.
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5 Buggy Whip Drive
B. The variance is necessary for the preservation and enjoyment of substantial
property rights possessed by other properties in the same vicinity and zone but which is
denied the property in question because many properties in the same vicinity and zone
have outdoor amenities such as a fireplace, outdoor kitchen and fireplace. The proposed
locations of the outdoor amenities are the least visually intrusive to the property and its
neighbors.
C. The granting of the Variance would not be materially detrimental to the
public welfare or injurious to the properties or improvements in such vicinity and zone in
which the property is located. The proposed development in the side and front setbacks
is minimal and up slope from the property line. The area of the barbeque, outdoor
kitchen and fireplace would not impair views. The retaining wall along the access to the
stable is down slope from the main building pad and is necessary to support the slope
above. Further, the residence already provides an encroachment into the front setback
and the retaining wall. The side encroachment resulting from the fireplace is very minor
and is not visible from the street or other residences. The structural lot coverage and the
total impervious lot coverage are within the requirements of the City. Finally, because
the approval is conditioned on repairing an existing drainage run-off from a D.G. path onto
adjacent property, the project will improve the welfare of neighboring properties.
D. In granting of the Variance the spirit and intent of the Zoning Ordinance
will be observed in that the proposed development will be orderly, attractive and will not
interfere with the rural character of the community. The existing, as built amenities do
not encroach into potentially future equestrian uses on the property. A stable and corral
exists on the site.
E. The Variance request is consistent with the General Plan of the City of
Rolling Hills because the structures comply with the General Plan requirement of low
profile, low-density residential development with sufficient open space between
surrounding structures. The structural lot coverage and the total impervious lot
coverage are within the requirements of the City. Although the improvements are
located in the setbacks, they are passive uses and minor encroachments that will not
significantly reduce open space between surrounding structures. The distance from the
front yard encroaching trellis to the closest residence is 80' and from the outdoor kitchen
over 100 feet, as measured in a straight line between the structures.
Section 8. Based upon the foregoing findings, the Planning Commission
hereby approves the Site Plan Review and a Variance in Zoning Case No. 886 to retain
the as built accessory outdoor structures and retaining wall subject to the following
conditions:
A. The Site Plan and Variance approval shall expire within six months from
the effective date of approval if building permits are not obtained for the "as built"
structures on the lot and final inspection issued for those structures by the Building
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and Safety Department. The reconstruction of the wall and repair of the drainage
along the accessway to the stable shall also be completed within six months from the
effective date of approval. Notwithstanding the foregoing, this approval shall not
expire if an extension is obtained and approved pursuant to the requirements of
Sections 17.46.080(A) and 17.38.070(A) of the Rolling Hills Municipal Code.
B. 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
thereunder shall lapse; provided that the City has given the applicants written notice to
cease such violation, the opportunity for a hearing has been provided, and if a hearing
has been requested, it 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
with unless otherwise set forth in this approval, or shown otherwise on an approved
plan.
D. The lot shall be developed and maintained in substantial conformance
with the site plan on file dated July 15, 2015, except as otherwise provided in these
conditions.
E. Drainage plan and retaining wall plans shall be submitted and approved
by Building and Safety Engineer to correct the current method of drainage of the access
path to the stable, from the street to the limit of the building pad, and beyond to the
corral, prior to issuance of building permits for the as built structures and to complete
construction of the trellis. All run-off shall be directed away from the adjacent property
to the north.
Further, by September 15, 2015 or if a rain event is predicted sooner, sand bags
shall be placed along the north property line up to the limit of the building pad and 10'
beyond along the down slope or as recommended by the City's Building Official.
F. There shall be no grading for this project, however, if necessary, fine
grading/ sculpting of the D.G. accessway may be permitted, subject to the review by
City staff and the Building and Safety Department.
G. The structural lot coverage shall not exceed 8,452 square feet or 10.9% -
with allowed deductions (20% permitted); and the total lot coverage including the
structures and paved areas shall not exceed 12,818 square feet or 16.57°x, with allowed
deductions, (35% permitted).
H. The areas of the unpermitted structures have been previously disturbed.
Disturbed area of the lot is 55.6176 of the net lot area (43,000 sq.ft.), which was
previously approved with a Variance.
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I. The existing residential building pad (not in setbacks) is 15,984 square
feet. The building coverage on this pad is 43% and the proposed coverage will also be
43%, due to the allowance for deduction of the accessory structures.
J. During construction, conformance with the air quality management
distract 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.
K. During and after construction, all parking shall take place on the project site
and, if necessary, any overflow parking may take place within nearby unimproved
roadway easements, but not to obstruct neighboring driveways or trails. During
construction, to maximum extend feasible, employees of the contractor shall car-pool
into the City.
L. At all times 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.
M. 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.
Further, the property owners shall be required to conform to the Regional Water
Quality Control Board and County Public Works Department Best Management
Practices (BMP's) related to solid waste.
N. The property owners shall be required to conform to the City of Rolling
Hills Outdoor Lighting Standards Ordinance.
O. If any landscaping is introduced for this project, the trees or shrubs shall
be of a type that do not grow higher than the ridge line of the residence and shall be
maintained at such height at all times, so as not to impair neighbors' view. The
landscaping, if planted, shall include native drought -resistant vegetation and be
planted in an offset manner so that not to result in a hedge like screen. If landscaping
of 5,000 square foot area or greater is introduced the landscaping shall be subject to the
requirements of the City's Water Efficient Landscape Ordinance.
P. 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.
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Further, the person obtaining a building 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.
Q. The Rolling Hills Community Association shall approve the as built
structures and the location of the proposed drainage devices.
R. 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.aov/loximain.phD?suite=safety&page=hazard defini#ions#Fl
RE. It is the sole responsibility of the property owner and/or his/her contractor to
monitor the red flag warning conditions. Should a red flag warning be declared and if
work is to be conducted on the property, the contractor shall have readily available fire
distinguisher.
S. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills
Municipal Code, any modifications or further development on the property or this
project, which would constitute additional grading, height or structural
development shall require the filing of a new application for approval by the
Planning Commission.
T. Until the applicants execute an Affidavit of Acceptance of all conditions
of this approval, the approvals shall not be effective.
U. All conditions of this approval, that apply, shall be complied with prior
to the issuance of building permits and shall be printed on the approved plans.
PASSED, APPROVED AND ADOPJ�?-D) HJRUthIPAY OF AUGUST 2015.
CIELF,
ATTEST:
HEIDI LUCE, CITY CLERK
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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.
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES }§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2015-19 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW TO
RECONSTRUCT AN EXISTING RETAINING WALL AND VARIANCE TO
ALLOW UNPERMI n hu ACCESSORY AMENITIES WHICH ENCROACH
INTO THE REQUIRED SETBACKS, INCLDING PARTS OF THE WALL, TO
REMAIN ON THE PROPERTY IN ZONING CASE NO. 886, AT 5 BUGGY WHIP
DRIVE, (LOT 245 -A -MS), ROLLING HILLS, CA. (NGUYEN).
was approved and adopted at a regular meeting of the Planning Commission on
August 18th, 2015 by the following roll call vote:
AYES: Commissioners Cardenas, Gray, Kirkpatrick and Chairman Chelf.
NOES: None.
ABSENT: Commissioner Smith.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
CITY CLERK
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