Loading...
2015-18RESOLUTION NO. 2015-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW TO MODIFY A PREVIOUSLY APPROVED DRIVEWAY, WHICH REQUIRES GRADING, TO RELOCATE PREVIOUSLY APPROVED WALLS ALONG A RIDING RING AND TO CONSTRUCT A NOT TO EXCEED 5' HIGH RETAINING WALL ALONG A PORTION OF THE DRIVEWAY; AND A VARIANCE TO EXCEED THE MAXIMUM PERMITTED DISTURBANCE OF THE LOT IN ZONING CASE NO. 887 AT 29 CREST ROAD EAST, (LOT 133 -A- MS), (STEVENS). THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application was duly filed by Mr. and Mrs. Brent Stevens with respect to real property located at 29 Crest Road East, Rolling Hills (Lot 133 -A -MS) requesting a modification to a previously approved project to shift the driveway and riding arena planter retaining walls about 25 -feet to the east so as to be entirely out of the 25 -foot RHCA easement along the westerly property line. Additionally, riding arena would be reduced by 1,540 square feet to allow for the relocation of the driveway; the grading quantity would increase by 881 cubic yards of cut and fill total; a not to exceed 5' high retaining wall would be constructed along a 10'long portion of the driveway and the disturbed area would increase by a 0.22%, (from 39.8% disturbance to 40.02% disturbance), which requires a Variance. As previously approved, and variance granted, both sets of the stepped retaining walls along the riding arena would be located in setbacks, (one in side setback and one in front setback). With this proposal to move the walls easterly, only one set of the stepped retaining walls would be located in the front setback and the other would be removed out of the side setback altogether. Section 2. In June 2014 the Planning Commission by Resolution No. 2014-11 approved several detached accessory structures, swimming pool and grading on the lot, including retaining walls and widening of the existing driveway. With the widening of the driveway, the then existing 11,600 square foot riding arena was to be reduced by 1,640 square feet and the up to 9' high retaining walls along the arena were to be redesigned and moved to accommodate the widened driveway. Section 3. A portion of the existing and previously approved driveway is located in the RHCA easement on subject property. The RHCA required a license agreement to allow the applicant to keep the driveway in its current location and to widen it within the easement to meet the 20' width requirement for driveways. Due to certain complications and circumstances, the RHCA has not granted a license agreement to the applicant to retain a portion of the driveway in the easement. Therefore, the applicants wish to move the entire portion of the driveway currently located in the RHCA out of the easement. This requires a revised driveway approach, further reduction of the riding ZC No. 887 1 arena by 1,540 square feet and relocation of the previously approved "stepped' walls to coincide with the westerly perimeter of the arena, grading for the new driveway, construction of a wall along the driveway, of which a portion would be 5' high and slight increase in the disturbance of the lot. The Traffic Commission reviewed the proposed driveway approach and recommended approval from traffic safety and visibility standpoint. Section 4. The Planning Commission conducted duly noticed public hearings on July 21, 2015 including in the field on July 21, 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 and the Planning Commission having reviewed, analyzed and studied said proposal. The applicants' representative was in attendance at the hearings. Several neighbors were present at the field visit hearing, but none expressed objection to the project. Section 5. The lot is 6.57 -acres in size in the RAS -2 zoning district, located on the south side of Crest Road East. The net lot area for development purposes is 5.99 acres or 260,992 square feet. Section 6. The Planning Commission finds that the project is exempt from the California Environmental Quality Act (CEQA) as a minor land alteration Class 4 Categorical Exemption pursuant to section 15304 of the CEQA Guidelines. Section 7. Site Plan Review. Section 17.46.030 of the Zoning Ordinance requires a development plan to be submitted for Site Plan Review and approval before any grading may be allowed or any building, structure, or wall exceeding 3' may be constructed. Additional 881 cubic yards total cut and fill of grading is required for the proposed driveway, including for the previously approved but to be relocated stepped walls and the construction of a 5' high retaining wall for a distance of 10' in length along the driveway. With respect to the Site Plan Review application the Planning Commission makes the following findings of fact: A. The proposed development is consistent with the General Plan and surrounding uses because the proposed project complies with the requirement of low profile, low- density residential development with sufficient open space between surrounding structures. This project is a modification to a previously approved project and it does not change the scope of work, just relocates certain features. The grading required for the improvement is minor compared to the overall size of the lot and will blended with the natural terrain. The cut and fill will not exceed 2 to 5 feet maximum and will be balanced on-site. The average height of the new retaining wall will not exceed 2.5 feet and the visual impact of this new wall and the previously approved stepped walls will be minimized by means of terracing and screening with extensive new landscaping. ZC No. 887 2 B. The development plan will not appear out of scale due to the relatively large size of the lot. Furthermore, the project is a mirror proposal that was previously approved, except that additional no to exceed 5' retaining wall along a 10 -foot length of the driveway would be constructed to allow the Fire Dept. access to lower portion of the lot Significant portions of the lot, such as the large garden and landscaped slope area between the pool and existing home will be preserved and re -landscaped 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. The construction will not adversely affect or be materially detrimental to the adjacent uses, buildings, or structures because the proposed improvements will be constructed further away from the neighbor's property than previously approved and will be least intrusive to surrounding properties and 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 development, as conditioned, is harmonious in the scale and mass with the existing development as well as natural terrain, of the subject site. The proposed project is also consistent and compatible with the scale of the surrounding neighborhood, which consists of large sized properties that are similarly zoned. D. The grading plan follows natural contours of the site to the maximum extent practicable to accomplish groomed and usable driveway. Natural drainage courses will not be affected by the project. Drainage devices will be installed to aid in the drainage of the slope and protect the residents downstream and the Canyon below from runoff from the driveway above. E. The project preserves much of the exiting vegetation and trees. The development plan will introduce drought -tolerant landscaping, which is compatible with and enhances the rural character of the community, and the landscaping will provide a buffer or transition area between private and public areas. A preliminary landscaping plan has been filed with the City. The impervious surface of the previously approved (existing driveway) will be removed and changed out to pervious surface approved by the RHCA, providing for a more natural appearance of that portion of the lot. F. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles because the proposed development will comply with City's and Fire Department requirements for access. Section 8. Variance. 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. ZC No. 887 3 Variance is requested from Section 17.16.070 due to exceedance in the disturbed area of the lot by 0.02%, with maximum disturbance allowed of 40%. With respect to the above request for a Variance, the Planning Commission finds as follows: A. There are exceptional and extraordinary circumstances and conditions applicable to this property that do not apply generally to the other properties in the same zone. The property is unique in that it is long and narrow, where the original grading and construction created several terraced areas from the front to rear of the lot, with the main residence constructed towards the rear of the lot. In order to construct the driveway and to improve access to the residence, which is located 400' from the front of the property, additional area of 575 square feet must be disturbed causing an exceedance of 0.02% above the 40.0% maximum disturbance allowed. An appurtenant retaining wall and minor grading are necessary due to moderately sloped topography and the distance between the front of the property and the residence. 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. The applicant is required by the Fire Department to provide a 20' wide driveway to the residence and the accessory structures located in front of the residence on the lot. The applicant would no be able to provide said access without having to disturbed additional 575 square foot area, which is minimal given the size of the lot. The overage in disturbance of 0.02% is not significant and the property owner cannot be denied a safe access to his residence simply because the nature of the lot and location of the residence makes it infeasible to comply strictly with Section 17.16.070. 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. A minor increase in the overall percentage of disturbed area on the lot will have no effect on the public welfare or on property or improvements in the vicinity. D. 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. Approval of the variance will not impede any goals of the Zoning Ordinance or the General Plan. Rather, the variance will allow the property owner to enjoy the same rights and privileges afforded to other property owners in the vicinity. The overage requested is not substantial and does not undermine the spirit or intent of the Zoning Ordinance. E. The variance does not grant special privileges to the applicant. To the contrary, absent a variance, the property owner would be deprived of the same rights and privileges afforded to other property owners in the vicinity, especially due to the location of the existing residence where the applicants are trying to comply with the City's and Fire ZC No. 887 4 Department requirement for a driveway. Unique circumstances applicable to the subject property make it infeasible for the property owner to comply with Section 17.16.070. Section 9. Based upon the foregoing findings in Sections, 7 and 8, the Planning Commission hereby approves the Site Plan Review and Variance application in Zoning Case No. 887 subject to the following conditions: A. Except as herein amended, the provisions and conditions of Resolution No. 2014-11 dated June 17, 2014 in Zoning Case No. 854 shall continue to be in full force and effect. B. The conditions of approval specified herein shall be printed on all construction plans and shall be available at the construction site at all times. C. 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(A), 17.42.070(A) and 17.38.070(A) of the Rolling Hills Municipal Code, or the approval granted is otherwise extended pursuant to the requirements of those sections. D. 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 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. E. The lot shall be developed and maintained in substantial conformance with the site pian on file dated June 22, 2015. 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 Planning Commission. F. 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. ZC No. 887 5 G. This project, including the driveway, pilaster or gates and landscaping and including any work in the easements shall be reviewed and approved by the RHCA. H. The existing impervious driveway shall be removed and the area changed out to a pervious surface acceptable to the RHCA. The existing apron shall be closed off and a curb constructed to match the curb of other properties along Crest Road East. I. The total lot coverage of structures and paved areas shall not exceed 38,795 square feet, including the driveway, or 14.86% in conformance with the zoning ordinance. J. Grading shall not exceed 2,062 cubic yards of cut and fill to be balanced on site. (Previously approved 1,428 c.y. total). The disturbance of the net lot shall not exceed 104,480 square feet of surface area or 40.02% (previously approved at 39.8%). PASSED, APPROVED AND ADOPTEI ATTEST: 4V ��-1 HEIDI LUCE, CITY CLERK Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in Section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure Section 1094.6 ZC No. 887 6 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) �� CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 2015-18 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW TO MODIFY A PREVIOUSLY APPROVED DRIVEWAY, WHICH REQUIRES GRADING, TO RELOCATE PREVIOUSLY APPROVED WALLS ALONG A RIDING RING AND TO CONSTRUCT A NOT TO EXCEED 5' HIGH RETAIl�IING WALL ALONG A PORTION OF THE DRIVEWAY, AND A VARIANCE TO EXCEED THE MAXIMUM PERIVu i i h U DISTURBANCE OF THE LOT IN ZONING CASE NO. 887 AT 29 CREST ROAD EAST, (LOT 133 -A -MS), (STEVENS). was approved and adopted at a regular meeting of the Planning Commission on August 18, 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. qw�,Xlr- HEIDI LUCE CITY CLERK ZC No. 887 7