2016-23 RESOLUTION NO. 2016-23
A RESOLUTI�N OF THE PLANNING COMMISSION 4F THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW F�R
CONSTRUCTION OF A SWIMMING POOL, POOL EQUIPMENT AREA,
DECKING AI�TD TRELLIS, ROOM ADDITION, GARAGE AND BREEZEWAY
AND NEW DRIVEWAY AND MOTOR COURT WITH RELATED
GRADING/RETAINING WALLS AND A VARIANCE REQUEST TO EXCEED
THE MAXIMUM PERMITTED DISTURBED AREA IIV ZONING C.ASE NO. 910,
AT 85 CREST R�AD EAST, (LOT 69-C-1-MS), ROLLING HILLS,CA (ZEE).
THE PLANNING COMMISSTON OF THE CITY OF ROLLING HILLS DOES HEREBY
FIND,RESOLVE AND ORDER AS�4LLOW5:
Section 1. An application was duly filed by Mr. Tien Zee wzth respec�k to real
properly located at 85 Cxest Road East, Rolling HYlls (Lot b9JC-1-MS) requesting a Site P�an
Review to construct a 396 square foot living area addiHon, new 96Q square foot gaarage
connected to the existing home via a new �10 square faot breezeway, 135 square foot attached
trellis, new �.,300 square foot swimming pool, 45 square foot pool equipment enclosure and
1,024 square feet pool deckin� new 20-foot wide driveway along the lo�front and 3,000 square
foot mo�or court and a total 2,296 cubic yards of grading to accommodate the new driveway
and pool, and including 38$ cubic yards to be exported. New �naximurn 3-foof high retaining
walls are proposed in the area o£ the new pool equipment enclosure and along the new
driveway. An existing 792 square foot garage and existing connecting breezeway will be
demolished, and the existing 5$6 square foot pool and driveway accessed from a common
apxon will be abandoned {i.e. pool filled in/Iandscaped and driveway converted to
decomposed granite path). A Variance is requested to exceed the maximum' permitted
disttzrbed area in that proposal will increase this area from 32.7% existing disturbance to 55.1%
{maximtun permitted 40%).
Section 2. The Planning Commission conducted duly noticed public hearings to
consider the application at their regular meetings on August 16 and September 20, including a
field visit also on September 20�.
Neighbors within 1,000-foot radius we�e notified of the public hearings and notices were
published in the Peninsula News on September $, 2016. The applicant and his agents were
notified of the public hearings in writing by first class mail and the applicant's agents were in
attendance at the hearings. Evidence was heard and presented from all persons interested 'zn
affec�ing said proposal, and from members of i;he City staff. The Planning Commission has
reviewed, analyzed and studied sa�.d proposal.
During the pub�ic hearings neighbors expressed concerns regarding screening of the proposed
driveway wall, visible from Crest Road, drainage of the Iof, p�oxunity of fhe proposed
d�rivewa�r apron to the existing shared driveway apron, stability of the slope once the asphalt
driveway is removed and converted to D.G. surface, erosion control and drainage o£ the D.G.
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surface. The concerns have been addressed by conditions of approval incorporated into this
Resolution.
Section 3. The property is zoned RAS-2. The gross 1ot a�ea excluding the roadway
easement is 3.3 acres and for development purposes the net lot area is 122,743 square feet or
2.81 acres.
Section 4. 1'he request for new driveway apron corning off Crest Road E, was
reviewed and recommended by the Rolling Hills Traffic Commission at its r�eeting of july 28,
2016. Neighbor concerns expressed at public meetings regarding possible visual impacfs of
new walls proposed for the new driveway have been satisfactorily addxessed during the
public hearing conducted by the Planning Cornmission through incorporation of a condition of
approval for new landscaping.
Section 5. The Planning C:on�russion finds that the prolect qualifies as a Class 3
Exemption (CEQA Guidelines, Section 1�303} in in that the project is a proposed construction
of minor addition and .alteration of an exxsting single-family residence, and is therefore
categorically exempt frorn envzronmental review under the Cali�ornza Environmental Quality
Act{CEQA).
Section 6. Rolling Hills Municipal Code Section Chapter 17.46 contains Site PIan
Review regulations. Under Section T7.46.Q20, a development plan shall be submitted for Site
Plan Review for the proposed swimming pool and grading and addition of over 999 square
feet. With respect to the Sate PTan Review application for these improvements, the Plaxlning
Commission makes the followxng findings of fact:
A. The proposed developFnent is compatible wzth the General Plan, the Zoning
Ordinance and surrounding uses because the proposed structures compJ.y with the General
Plan requirement of low profile, Iow-density residential development with sufficient open
space between surrounding structures and maintaining sufficient setbacks and proposed
landscaping to provide buffers between residential uses. The project is situated on a large, but
topographically constrained site; with the added development, however, the Iot wou�d not
appear to be overdeveloped.
The existing driveway presents sign.ificant access challenges due to a number of physical
£actors including reliance on a common driveway apron located on the adjacent property and
shared with other properties, narrow width {10 to �5 feet), steep slope, and unusual length,
wrapping around approximately two-thirds of the property frorn Crest Road to the private
garage. The proposed new driveway, while requiring new grading rnau7ly at the front of the
1ot, has severa� positive and mitigating resul�s in that it will eliminate reliance upon a shared
apron, be widened to meet Fire Department standards, will comply with alI current zoning
standards and its iocation, following Crest Road at the lot front has a significantly shorter and
more ef�icient travel distance �o the garage and p:roposed motor court. In additian, new
landscaping will be added to screen fhe view from Crest Road of a maximum 3-faot tall
retaining wa11 that supports the new driveway. The existing driveway will be closed off at the
apron, asphalt removed and replaced with a pervious, decornpased granite (D.G.} matexial
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and a portion will be replaced with landscaping. Concerns about potential erosion due to the
existing driveway conversion and location o£ the new driveway have been addressed by a
condi�ion that requires submittal of a site-wide drainage plan for review and approval
concurrent with checking of construction plans for building perxnit plan-check.
The proposed swimining poo� requires xninor grading at the rear of the 1ot and wil� requix�e a
modest expansion of dis�urbed lot area. The location at the rear is suifable in that it will be
shielded by the home on one side and hillside on other sides. The location of the pool
equipment is also suitable in that if will be outside of the side and rear setbacks, and will be
recessed into the hillside which will assist in buffering soun.d if any, emanating from it.
B. The project substantially preserves the natural and modestly developed condi�ion
of the lot in that the addition to the existing enclosed building area will be relatively small,
thereby minimizing building coverage. The topography and the configuration of.the lot, have
been considered, and it was determined that the proposed development will not adversely
affect or be materially detrirnental to adjacent uses, buildings, or structures, because the
proposed project wil� be constructed largely on an existing building pad, will be the Ieast
intrusive to surrounding properties, wi�1 be screened and landscaped with vegetation, is of
sufficient distance fram nearby residences so that if will not impact the view or privacy of
surrounding neighbors, and will perxnit the owners to enjoy their property without deleterious
infringement on the �ghts of surrounding property owners. The Iot will not be built up or
raised to accommodate the development (except a minor amount for the proposed pool), but
will utilize to the ma�cimum extent practicable the existing topography. The grading fo:r the
driveway, while moclifying fihe eacisting topography at the frant of the lot, requires modest
height (3-feet maximum} retaining walls, the view of which will be mitigated by new
landscaping.
C. The proposed development, as conditioned, is haxrnonious in scale and mass
wifh the sit�, and is consistent with the scale of the neighborhood when compared to new
residences in the vicinity af said lot. Sigruficant portions of the Iot will be Ieft undeveloped and
some areas will have existing improvements abandoned or converted to more passive uses
(existing pool to be filled in and landscaped and exfsting driveway to be converted to pathway
with pervious surface). The proposed driveway will be screened at the front from Cresf Road
by new landscaping, and the new pool wi�I be screened at �he rear by the existing resid�nce
and rear hillside.
D. The development plan will introduce additional landscaping, which is
compatible with and enhances the rural characte�r of the community, and the landscaping will
provide a buffer or transition area between private and public areas.
E. The propased development is sensitive and not detrimental to the convenience
and safety of circulation for pedestrians and vehicles because the projecf will capture all
resident and visitor parking on-site with guest parking spaces accommodated in the proposed
motor court and in the new 4-car garage. The new driveway and apron will conform to all the
existing standards including, but not necessarily limited to width and slope and will decrease
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the number of proper�ies relying upon the existing shared apron, thereby enhancing public
safety.
Section 7. Chapter 17.3� of the Rolling Hills Municipal Code contains regulat�ons
autharizing approval of Variances, for the purpose of granting relief from the standards and
requirements of fihe Zoning Ordinance when exceptional or extraordinary circumstax�ces
applicable to the property prevent the owner fram making �se of a parcel of property to the
same extent enjoyed by similar propexties in the same vicinity o�zone.
The pxoject requests a Variance from Rolling Hills M�.nicipal Code Section 17.16A70 in that
the disturbed area of the Iot is proposed to be increased f�rom 32.7% to 55.1%, in excess of 40%
permi.tted disturbance. With respect to the Variance, the Planning Cornxnitssion finds as
follows:
A. There are exceptional cixcumstances and canditions on the subject property as
follows:
The property is uniquely consfirained b� the steep topo�aphy especially at the lot's
front and east side, and this ix� turn has an influence on sit�ng the proposed driveway and
new apron. The proposed additional disturbance to provide a slight�y laxger bui�ding pad for
the pool and to a larger degree, to constr�zct the new driveway, is warranted because of the
significant improvement zn resulting site access. To the maximum extent practicable, given
topography and existing degree of disturbance (32.7%) the proposed dev�lopment blends
with existing eonditions.
B. The variance is necessary for the preservafion and enjoyment ot a substantial
property right possessed by other property owners in the same vicznity and zone but which is
derued to the property in question by strict application of the code. The property right which
would otherwise nat be enjoyed is the ability to efficiently and safely access one's property,
while complying with all applicable fire, and building codes and without subs�antially
changing the existing topography and configuration af the lot.
C. The granting o£ the Variances would not be materially detrimental to the public
w�ifare or injurious to th� properties o� improvements in such vicinity and zone in which the
property is Iocated in that the proposed reconfigu�ed driveway access increases safety to the
property. Additiona�ly, the improvements to the property will not be easily viewed from
adjacent properties, and fihe street and visual impacts are mainor given the addition of
screening vegetation to ne�v walls. To the maximum extent practicable the proposed
development works within and follows the existing conditions on fihe Iot and therefore will
not be materialiy or otherwise detrimental to the public. The project is not expected to
negatively impact p�roperty values in that neighboring views would not be affected.
D. Tn granting the Variance the spirit and intent of the Zoning Ordi.nance will be
observed in that the proposed dr�iveway, retaining walls, and the new residential constructian
will be orderly, attractive, and will be buffered with landscaping and a wall of a relatively low
height, to ensure it wi.11 not affect the rural character of fihe community. The subject property
$5 Crest Rd E. 4
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rnaix�tains a suitable stable and corral., which will not be affected by the p:roposed
developm�nt.
E. The Variance request is consistent with the General P1an of the City of Rolling
Hills because the proposed structu�res coxnply with the General Plan requirement of 1ow
prafi�e, low-density residential developrnent wi�h sufficient open space between surrounding
sixuctures.
F. The proposed development is sensitive and not detrimental to the conv�nience
and safety of circulafi.on for pedestrians and vehicles because the proposed development will
provide a x�ew driveway approach, that will comply with the Fi�e Code requiremen�ts so as to
better accommodate emergency vehicles. Further the construction of a new mo�a� court and
garage will accommodate site visitors on private property without need for cars to park in the
roadway easements.
G. The Variance is consistent with the portions of the County of Los Angeles
Hazardous Waster Managernent Plan relating to siting and siting criteria for hazardous waste
facilities.
Section S. Based upon the foregoing findings, the Planning Commission hereby
approves Zoning Case No. 91Q requesting a Site Plan Review for living area and garage
additions, breezeway, trellis, swimming pool and pool equipment enclosure, pool decking,
new driveway a�ong the Iot front, motor court and grading to accommodate a new driveway
anc� pool and a Variance, allowing the applicant to exceed the maximum permitted disturbed
area from 32.7% to 55.1.%, subJect to the following conditions:
A. The Site Plan and Variance approva�s shall expire within t�vo yeaars from the
effective date of approval as defined in Sections 17.46.080 and 17.38.070, unless otherwise
extended pursuant to the requirements of this sec�ion.
B. It is decla�red and made a condition of this approval that if any condition o£ this
Resolution is violated, the enti�lement granted by this Resolution shall be suspended and the
privileges granted hereunder sha11 Iapse and upon receipt of written notice from the City, alI
construction work being performed on the subject property shall immediately cease, other than
work determuzed by the City Manager or his/her designee required to cure the violation. The
suspension and stop work order will be lifted once the Applicant cures the violation to the
satisfaction of the City Manager or his/her designee. Zn the event that the Applicant disputes
the City Manager or his/her designee's determination that a violation exists or disputes how
the vzolation must be cured, the Applicant may request a hearir�g� before the City Council. The
hearing shall be scheduled at the next regular m.eeting of the City Counczl for which the agenda
has not yet been posted. The Applicant shall be provided written notice of the hearing. The
stop work notice shall remain in effect during the pendency of the hearing. The City Council
shall make a dete:rmination as to whether a violation of this Resolution has occurred. If the
Council determines that a violation has not occurred or has been cured by the time of the
hearing, the Council w�ll lift the suspenszon and the stop work order. If the Council determuzes
that a viola�ion has occurred and has not been cured, the Council sha�1 provide fhe Applxcant
$5 Crest Rd E. 5
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with a deadline by which to cure the violatian; no construction work shall be per£ormed on the
praperty until and unless the viola�ion is cured by the deadline, other �n work designated by
the Council to accornpiish �he cure. If th.e vzolation is nat cured by the deadline, the Council
xnay ei�her extend the deadline at the Applicant's request or schedule a hearing for the
revocation of the entitlements granted by the resolution pursuant to Chapter 17.58 of the
Rolling Hills Municipal Code (RHMC).
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 tlzis perrrut, or shown otherwise on an approved p1an.
D. The lot sha11 be developed and maintained in substantial con�ormance with the
site plan on file dated Augus� 10, 2016 except as otherwise provided in these condifions. The
working drawings submitted to the Department of Suilding and Safety far plaxi check review
shall conform to the approved development plan. All conditions of the Site Plan Review and
Variance approvals shall be incorporated into the building permi.t working drawings and
where applicable complied with prior to issuance of a grading or building' permit from the
building departtnent.
The conditions of approval of this Resolu�ion shall be printed onto building plans submitted to
the Building Department for review and shall be kept on site at alI ti.mes.
E. Prior to submittal of final worlcing drawings to the Building and Safety
Department �or issuance of building pernlits, 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
Plaxuii.ng Commission.
F. A �icensed professional preparing canstruction plans for this project for Building
Department review shall execute a Certificate affixming that the plans conform in all respects
to this Resoiution approving this project and al� of the conditions set forth therein and the
City's Building Code and Zoning drdinance. Further, the person obtaining a building and/or
grading permit far thi.s project sha11 execute a Certificate of Construction stating that �he
project wili be constructed according to thi.s Resolution and any plans approved therewith.
Certificate forms for both plan preparation and construction wark comp�iance may be
obtained from the City of Rolling HiIIs.
G. Structural lot coverage of the lot shall not exceed 8,750 square feet or 7.13% of the
net lot area in conformance with lot coverage �ixnitations (20% maximum). The total lot
coverage proposed, including structures anci flatwork, including new driveway and motor
court, sha��not exceed 24,OQ9 square feet or 19.6% of the net lot area.
H. Grading for this project shall consist of 2,296 cubic yards (cy) tofal, zncluding
1,342 cy of cut, 954 cy fill and 388 cy to be exported. '�he disturbed area o£ the Iot, shall not
exceed 55.1% as proposed.
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I. The resident�a� building pad shall be 41,538 square feet and will have coverage
not to exceed 8,615 square feet, or 20.7°�.
J. The applicant shall comply with a11 requirement� of the Lighting Ordinance of
�the City of Rolling Hi11s {RHiVIC 17.16.190 E), pertaining to lighting on said property, roofing
and rnaterial requirements of properties in the Very High Fire Hazard Severity Zone.
K. All utility lines to the development shall be placed underground, subject ta aII
applicable standards and requxrements.
L. A drainage plan shall be prepared for the entire site (not just construction areas)
and approved by City Engineer prior to issuance of a construction permit. Such drainage plan
shall be subject to LA County Code requirements.
M. Prior to obtaining a grading permit a landscaping plan shall be submitted to the
City fhat shall provide as follows:
a) Planting of new vegetation an all graded slopes in conformance with Fire Departrnent Fuel
Modification requiremenis and for erosion control;
b} Planting of new vegetation to screen the view of fhe new driveway along the site front
including the retaining wall from view of the neighbor across at 86 Crest Rd. E. and the
Applicant shall provide an opportunity for saaid neighbor �o review the plan and provide
constructive input in advance of submittal to the City;
c) Planting of new vegetation to screen the view of the new driveway along the east side from
the adjoining residence;
d) Planting for the new poal and pool equipment area with landscape screening,;
e) As shown on the approved Site Plan, dernolition of the existing asphalt driveway and
improvement of the nox�hern section wzth landscaping with vegetation with�he remaining
section to be :resurfaced with decomposed granite, gravel or similar pervious/decorative
material;
f} Consi�uction of a rubble wall across the accessway from the shared driveway onto the
subject site (fhereby blocking car access to the area of the former driveway that in the past
relied an a shared driveway);
g) Any trees and shrubs shall be planted in an offset manner, such that they do not�form a
hedge like sc�een and shall be of a height, which sha11 not at any time grow into other
nea�rby residents' views;
h) To the ma�cimum extent feasible, plants shall be utilized that are na�ive to the a�rea and are
consistent wi�h the rural character of the communi�Cy.
N. If landscaping of 5,000 square foot area or greater is introduced or redeveloped as
part of the subject projecf, the Iandscaping plan shall be subject to the requirements of the
City's Wafer Ef£icient Landscape 4rdinance.
O. Any proposed Iandscaping with'v.1 the Rolling Hills Cornmunity Association
(RHCA) easement shall be reviewed and approved by the RHCA.
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P. Per the Los Angeles County Building Code, a pool barrier/fencing sha11 be
required. The swimtning pool equipment shall utilize the rnost quiet and fechnologicaily
advanced equipment to dampen the sound.
Q. The entire roadway easement line and the east side setback line in the vicinity of
the construction for this project shall rernain staked throughout the construction. A
construction fence may be required.
R. The project rnust be reviewed and approved by the Rol�ing Hills Cornmunity
Association (RHCA) Architectural Review Comn�ttee prior to the issuance of building permit.
Perirneter easements and trails, if any, shall remain £ree and clear o� any improvements
including, but not be Iimited ta fences-including construction fences, any hardscape,
driveways, landscaping, ix�igation and drainage devices, except as otherwise approved by
RHCA.
S. A minimum of 50% of any construction materials must be recycled or diverted
£rom Iandfills. The haul�r of the maferials shall obtain from the Cify a "Construction and
Demolition Permit" prior to start of work, and provide the appropriate documentation to the
Cify.
T. During construction, fihe property owriers shall be :required to schedule and
regulafe constxuction and related traffic noise throughout the day befween 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 o£
Rol�ing Hills.
U. The contractor shall nat use too�s that could produce a spark, including for
clearir�g and grubbing, during red flag warning conditions. Weafiher conditions can be found
�t �"i����,?'��'�''t,t�;�:,t��`;� .�;r�� `�i��� ����r�l� t�si���S�� F-�ti��J , .. � �i�^�x���.�� d �;�''��:��'4� f��.'�"�� ��s�z`'4"��?� �a�;"� lf
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is the sole res onsibili of fhe ro e owner and/or his%her contractor to monifor the red
flag warning conditions. Should a xed flag warning be declared and i£work is to be conducted
on'�he property,the contractor shall have readily available fire distinguisher.
V. During construction, all park�ing shall take place on the project site and, if
necessaxy, any overflow parking shall take place within nearby unimproved roadway
easement adjacent to subject site. The:re shall be no blocking of adjacent driveways or of the
roadway easement for passage o# pedestrians and equestrians. During consixuction a flagmen
shall be used to direct tra€fic when it is anficipated that a Iane may be impeded.
W. The property owners sha11 be required fo conform with the Regional Water
Quality Control Board and County Public Works Department Best Management Practices
(BMP's) requirements related to solid waste, drainage and sform water management and
comply with the City's Low Impact develapment Ordinance (LID) as applicable. FurthEr the
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property owners shall be required to conform to the Counfy Health Department requirements
for a septic system. �
X. Prior to final inspection of the project, "as graded" and "as constructed" plans
and certifications shall be provided to the P1aruZulg Department and the Suilding Departrnent
ta ascertain. that thhe completed project is in compliance with the Planning Cor�unission
approved plans. in addition, any modifications made to the project during construction, shall
be depicted on the"as bui�f/as graded" plan.
Y. The applicant shall execute an Affidavit of Acceptance of a�.I cox�ditions of this
permit pursuant to Zoning Ordinance, or the approval shall not be ef£ective. The affidavit shall
be recorded fogether with the resolution.
PASSED, R _ D ADOPTED THIS 18TH DAY�F OCTOBER 2016.
CHE .F, IRMAN
ATT'EST:
HEIDI LUCE, CITY CLERK
Any action challenging the final decision of�he City made as a result af the public hearing on
this application must be filed within the time limits set forth in Section 17.54A7Q o£the Rolling
Hills Municipal Code and Code of Civil Procedure Sectian 1094.6.
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ��
CITY OF ROLLING HILLS )
I certify that the foregoing Resaluti.on No. 2016-23 entitled:
A RESOLUTION OF THE PLANIVING COMMISST4N �F THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR
CONSTRUCTION OF A SWIMMING POOL, POOL EQUIPMENT AREA,
DECKING AND TRELLIS, ROOM ADDITION, GARAGE AND BREEZEWAY
AND NEW DRNEWAY AND MOTOR COURT WITH RELATED
GRADING/RETAIlVING WALLS AND A VARIANCE REQUEST TO EXCEED
THE MAXIMUM PERMIT'fED DISTURBED AREA IN ZQ1vING CASE N4. 910,
AT 85 CREST ROAD EAST, (LOT 69-C-1-MS),ROLLING HILLS, CA {ZEE).
was approved and adopted at regular meeting of the Planr,;ng Commission on October 18,
201b by the followi,ng roll call vote:
AYES: Commissaoners Cardenas, Kirkpatrick, Seaburn and Vice Chairman Gray.
NOES: None.
ABSENT: None.
ABSTAIN: Chairman Chelf{recused).
and in compliance with the laws of Ca��fomia was posted at the following:
Administrative Offices
�
HEIDI LUCE, CITY CLERK
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