2016-22 RESOLUTION NO. 2016-22
A RESOLUTION OF THE PLANNING COMMISSION OF THE C�TY OF
ROLLING HILLS GIZANTING APPROVAL OF A SITE PLAN REVIEW
FOR INIl'ROVEMENTS TO A RESIDENCE WITH RESTRICTED
DEVELOPMENT CONDZTION, INCLUDING AN AS-BUILT ADDITION
AND CONSTRUCTION OF ATTACHED COVERED PORCHES AND A
5-FOOT MAXIMUM HEIGHT WALL TO ACCOMMODATE A 4-F04T
WIDE WALKWAY ALONG THE REAR OF THE HOME AND A
VARIANCE TO ENCROACH WITH NEW COVERED PORCHES INTO
THE FRONT SETBACK, IN ZONING CASE N4. 911 AT 3 POPPY
TRAIL, (LOT S-PT),ROLLZNG HILLS, CA QONAS}. '
THE PLANNING C�MMISSION 4F THE CITY OF ROLLING HILLS DDES
HEREBY FII�TD, RESOLVE AND ORDER AS FOLLOWS:
Section 1. An applica�ion was duly filed by Mr. Rabert Jonas requesting a Site
Plan Aeview approvi.ng a 375 square foot as-built living area and three covered porches,
totalling 705 square feet. In addi�ion, the applicant, subject to a condi�ion of approval
applied by the Planning Con�nission in the public hearing, praposes to construct a
maximum 5-£oot tall wall at the rear of the residence to accommodate a 4-foot wide
walkway along the hame perimeter contiguous to the as�built living area. The applicant
also reqv.ests a Variance to locate two of the three proposed covered porches within the
fron�yard setback.
Section 2. '1'he Planning Conlmission conducted duly noticed public hearings
to consider tlie appiication on September 2Q, 2016 including a morning field trip and an
evening meeting. The applicants were noti.fied of the public hearings in writing by£irst
class mai�. Evidence was heard and presented f�°om a11 persons znterested in af£eciing
said pxoposal 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 public he�rings.
During the September 20, 2016 field visit a concern was expressed by a resident and
discussed regardi.ng the need for a walkway to pravide access around the residence
perimeter at the rear, which may involve canstruc�ing a new retaining wall up to 5 feet
in height. This concern has been addressed through the conditions of approval.
Section 3. The property is zoned RAS-2 and the gross Iot area is 2.7 acres. The
net lot area is 2.18 acres or 95,160 square feet. The Iot,with the exceptian o#three graded
building pads (main home, stable and acccessory recreation rooxn} has a steep
descending slope, rear to front. Due to the Iocation of the residential pad within the
£x�ont setback, over 40% of the residence is nonconforming in that it Iies within the front
setback.
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3 Poppy Trail 1
Sec�ion 4. On March 17, 2009 the applicant was granted a Conditianal Use
Permit and a Site Plan Review that allowed th.e �onstruction of an 80Q square foot
recreation room and access thereto. A "No further development" restriction (condition
AF) was irnposed on the property, requiring any future structural modifications to be
reviewed by the Planning Commission in a Site Plan Review public hearing.
Sectian 5. The property, including a 375 square £oot as-built living area being
Iegalized by fihis app;roval, is currently developed with a 3,598 square foot residence,
462 square foof garage, 96 square faof service yard, 720 square foof swimming poo1, 48
square foot pool equipment enclosure, 270 square foot detached cabana, 800 square
foot accessory recreation room with a 396 square feet attached covered porch, and a
6b0 square foot stabie. With this approval, an additiona17Q5 square#eet total of covered
porches will be constructed, of which 59� square feet is attached to the front and szde of
the residence within the front sefback and 110 square feet at the rear. The entire roof
will be remodeled and the portion above the as-built area will be modified to match fhe
main roof.
Sec�ion 6. The pxoject is exempt from the California Environmental Quality
Act(CEQA) pursuant to Section 15303,Class 3 exemption Guidelines.
Section 7. Section 17.1b.190F requxres a Site Plan Review for walls over 3 feet
in height. A n4t to exceed 5-feet tall wall is anticipated to be required in order to
construct a 4-foot wide walkway a�ong the rear perimeter of the residence as a
condition of approval. In addrtion, the project improvements are subject to a Site Plan
Review in that the site is a "restricted development" as noted in Section 4 of this
Resolution.
With respect to the Site Plan Review application for the walkway wall and othe�r
structural improvements fo the home, the Plax�i.n� Commissa.on makes the following
findings of fact:
A. The proposed development is compatible with the Genex�al Plan and
surraunding uses because the proposed project complies with the requixement of iow
profi�e, low-density residential development with sufficient open space bet�ween
surrounding structures. The project conforms to development standard requirements
for lot coverage and disturbance of the Zoning Ordinance and no grading i.s proposed.
A new wall up to 5 feet in height is required to accornmodate construc�ion of a 4-foot
access walkway at the rear of the home, adjacent to as as-built living area that is
legalized with this approval. The new wall will be located a�the rear of the home, away
from any o�her residence and streef and wi11 not be visible or obtrusive to neighbors. At
the front of the home, 595 square feet o£ two proposed attached cov�red porches will
have an open design and will add visual interest without adding significant additional
bui�ding mass.
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3 Poppy Trail 2
B. The development pian substantially preserves the natural and
undeveloped state of the Iof because the new improvements will nat cause the lot to
look overdeveloped. The proposed development will be located on an area that is
already a graded pad. Signifzcant portians of the 2.7-acre 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 st-ructures because the changes to the existing
building including proposed porches, and roof replacement, are relafively minor
changes. The proposed project is not expected to impact the view or privacy of
surrounding neighbors.
C. The proposed development, as conditioned, i.s harmonious in scale and
mass with the site, the natural terrain and surrounding residences. The proposed
project is consistent with the scale of the neighborhood, as it is on a Iarge lot. The lot
coverage maximums set forth in the Zoning Code wi11 not be exceeded.
D. The development plan follows natural con'tours of the site �o the
maximum extend practicable, utilizing existxng groomed and usable areas of the Iof.
Natural drainage couxses will nof be affected by the project. No grading is proposed
and exi.sting drainage channels will not be modified. The project is not located in a
canyon or on existing slopes that exceed 25%.
E. The project preserves much of the existing vegetation elsewhere on the lot
and any new landscaping to be introduced wil� be required to be droughf-tolerant,
wluch is compatib�e with and enhances the rural character of the community.
F. The proposed development is sensitive and not detrimenta� to the
canvenience and safety of circulation for pedestrians and vehicles because the proposed
development will utilize the existing driveway.
Section 8. Sections 17.38.07.0 through 1'7.38.Q50 of the Rolling H�lls Municipal
Code permit approval of a Variance granting. relief f:rom the standards and
requireanents of the Zoning �rdinance when exceptional or ext�raordinary
circumstances applicable to the property prevent the owner from making use of a parcel
af property to the same extent enjoyed by similar properfies in the same vicinity or
zone. In proposing to encroach in the front setback. wifh 705 square feet of covEred
attached porches, a Variance is requixed to grant relief from Section 17.12.190 of the
Zoning Ordinance (sefback definitions requiring that setbacks be free of structures).
With respect to the aforementioned request for a Variance from Zoning
Ordinance Section 17.16.150, the P�anning Cornmission finds as follows:
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3 Poppy Trail 3
A. There are exceptional circumsfances and conditions on the subject
property, including the natural slope, locafion of the building pad and the shape of the
lot, all of which constrain development. The Iot has a relatively steep natural
downward slope from rear �o front. Due to this consixaint, the main building pad was
originally created at the front of the Iot, with a considerable portion of �he pad (and
40% of the existing residence) loca�ted within the 50-foot wide front yard setback. This
leaves little area suitable for covered porches at the rear of the buildin� outside af the
setback area. Also the lot has a relatively long frontage {435.51ineai feet} aiong Poppy
Trail, which exacerbates the amount of the lot while bexng suitable, is also restricted to
deve�opment due to a long front sefback.
B. The variance is necessaxy for the preservation and enjoyment of a
substantial property right possessed by other property owners in the same vicinity and
zone but which is denied to the property in question by strict application o£ the code.
The proposed porches are common to residences in Rolling Hills and encouraged by
the Architectura� Committee to maintain the ranch style type of development, and this
approval permits the applicants to enjoy the same amenities. The porches, although in
setback are not intrusive or massive.
C. The granting of �he Variance would nof be materially detrimental to the
public weltare or injurious to the properties or improvements in such vicinity and zone
in which the property is located in that the increase in nonconformity for the front
setback wi1l be �elatively minor, being a £urther encroachmenf o£ only 6 feet and
comprised of an open element(porch) and not enclosed living area.
D. In granting of the Variance the spirit and intent of the Zoning Ordinance
will be observed in that the proposed porches w�.l be order�y, attractive, and will not
detrimentally affect the rural character of the community.
E. The Variance request is cansistent with the General P1an of the City of
Rolling Hi11s because the praposed structures cornply with the General Plan
:requirement of low profile, Iow-dens�ty residential development with sufficient open
space between surrounding structures. The proposed porch additions are to be located
alang and parallel to the exterior building line of the residence and will not altex the
exisfing configuration of the Iot, including exisfing sloped conditions and large amount
of open space between structures.
F. The Variance is consisfent with the portions of the County of Los Angeles
Hazardous Waste Management Plan �relating to siting and siting criteria for hazardous
waste facilities.
Section 9. Based upon the foregoing findings, the Plaxini�.lg Commission
hereby approves the Variance and Site Plan ReviQw in Zoning Case No. 911 for 705
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3 Poppy Trai1 4
square feet total of three attached covered porches of which 595 square fee�, for two
porches, is withul the front yaxd setback and approval of an as-bui�t living area (375
square feet) and maximum 5-faot tall retaining wall to creat� a 4-foot walkway a�ong
the rear of the home adjacent to an as-bui�t living area, subject to the following
conditions:
A. This approval shall expire withut two years from the effective date of
approval if construction pursuant to this approval has not commenced within that
tirne pexiod, as required by Sections 17.38.070 and 17.46.080 of the Rolling HiIIs
Municipal Code, or the approval granted is otherwise extended pursuant to the
requirements of this section.
B. If any condition of this resolution is vio�ated, the entitlement granted by
thi.s resoiution shall be suspended and the privileges granted hereunder shall �apse
and upon receipt of written notice from the City, a11 construction work being
perfoxmed on the subject property shall immediately cease, other than work
deternvned by the City Manager or his/her designee requixed to cure the
violation. The suspension and stop work order will be Iifted once the Applicant
cures the violation to the satisfaction of the Czty Manager or his/her designee. In the
event that the Applicant disputes the City Manager or his/he� designee's
determination that a violation exis�s or dispu�es how the violation must be cured, the
Applicant may request a hearing before the City Council. The hearing shall be
sched�zled at the next regular meet�g of the City Counc'il for which the agenda has
not yet been posted, the Applicant shall be provided written notice of the
hearing. The stop work order sha.11 remain in effect during the pendency of the
hearing. The City Council shall make a determination as fo whether a violation of
this Resolution has occurred. If �ie Council determines that a violation has not
occurred or has bEen cured by fhe time of the hearxn� the Council will iift the
suspension and the stop �vork order. If the Council determines that a violation has
occurred and has no� yet been cured, �he Council sha11 provide the Applxcant with a
deadline to cure the violation; no construction work shall be performed on the
property until and unless the violation is cured by the deadline, other than work
designated by the Council to accomplish the cure. If the violation is not cured by the
deadline, the Council may either extend the deadline at the Applicant's request or
schedule a hearing for the revocation of the entitlements granted by this Resolution
pursuant to Chapter 17.58 of the Rolling Hi11s Municipal Code (RHMC}.
C. All requirements o£ the Building and Construction Ordinance, the
Zoning Ordinance, LA County Building Code and o£ the zone in which the subject
property is located must be complied with unless otherwise set forth in the Permit, or
shown otherwise on an approved plan.
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3 Poppy Trail 5
D. The lot shali be developed and maintained in substantial conformance
with the site plan on fi1e dated September 20, 2Q16, except as otherwise provided in
fihese conditions.
E. Prior to submittal of final working drawings to �he Building and Safety
Department far issuance of building permits, the plans for the project shall be
submitEed to City staff for verification that the final plans are in campliance with the
plans approved by the Planning Cotninission.
F. The working drawings. submitted to the Deparfinent o£ Building and
Safety for plan check revzew must canform to the development plan approved with
this application. A copy of the conditions of this Resolutiox� shall be prin�ed on plans
approved when a building permit is issued and a copy of such approved plans,
inc�uding conditions of approval, shall be available on the building site at all times.
G. A licensed professional preparing constructian plans for this project for
Building Department review shall execute a Certificate affirming that the plans
conform in al� respects to this Resalution approving this project and including
conformance with a11 of the conditions set forth therein and the City's Building Code
and Zoning Ordinance.
Further, the person obtainzng a building permit fo� this project sha�1 execute a
Certificate of Construction stating that the project will be constructed according to this
Resolution and any plans approved therewith.
H. Structurallot coverage shall not exceed 7,755 square feet, or 8.15% {with
allowable deductions}. Total lot coverage shall not exceed 13.07% or 12,436 square feet.
Building Pad cove�age on the 4,480 square foot residential pad (pad area does not
include portion within front setback) sha11 not exceed 122.b% {existing condition).
I. The disturbed area of the lot shall not exceed 30.94% (of r�et lot area),
which includes the exisfing stable and corral area. No further disturbance is proposed.
J. A mi�imum of four-foot level path and/or walkway, which does not
have to be paved, shall be provided along the rear of the home, to allow passage
around the home. A retaining wall is permitted at a height of 5-feet ma�c;imum
{measured from finished grade) as needed to accommodate the path/walkway.
K. All existing house walls fhat are in the front yard setback shall remain
structurally intact and not be demolished. Windows may .be replaced "in-kind"
meaning of the same size opening as existing.
L. Notwithstanding Sections 17.4b.020 and 17.46.070 of the Rolling Hills
Municipa� Cade, any modification to this praject or to the property, which would
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3 Poppy Trail 6
canstitute additional strcutural development, gradin� excavation of dirt and any
modificaf�on includin�but not be limited to retaining wa11s, drainage devices, pad
elevation and any other deviation from the approved plan, shall require fhe filing
of a new application�or approva�.by the Planning Commission,
M. During construction, confarmance with the air quality management
dist�rict requirernents, stormwater pollution prevention practices, county and locai
ordinances and engineering practices so that people or property are not exposed to
undue vehicle trips, rioise, dust, and objectionable odors shall be required.
N. Du�ing and after construction, all parking shall take place on the projec�
site. During construction, to maximum extent feasible, employees of the contractor
shall car-pool into the City.
�. During canstruction, the property owners shall be required to schedule
and regulate construction and related iraffic noise thro�xghout the day between the
hours of 7 AM and 6 PM, Monday through Saturday on1y, when construction and
mechanical equipment noise is permitted, so as not to interfere with the quiet
residential environment of�he City of Rolling Hills.
P. The property owners shall be required to conform with the Regional
Water Quality Control Board and County Public Warks Department Best Management
Practices (BMP's) requixements related to solid waste, drainage and storm watex�
management.
Q. During construction, all parking shall take place on the project site and,
If necessary, any overflow parking sha11 take place .wi�thin nearby un.i.mproved
roadway easement adjacent to subject site. 'There shall be no blocking of adjacent
driveways or of the roadway easement for passage of pedestrians anc� equestrians.
During construction a fla�nen shall be present to direct traffic when it is anticipated
that a lane may be impeded.
R. A rnin;m� of 50°� of the construction material spoils sha�l be recycled
and diverted. The hauler shall secure a "Construction and Demolition Permit" from
the City of Rolling Hills, and provide the required documentation.
S. The project must be reviewed �and appr�ved by the Rolling Hi�ls
Community Association (RHCA) Architectural Review Committee prior to the
issuance of building pe�mit. Peri�neter easements and trai�s, if any, shall remain free
and clear of any improvexnents including, but not be Iimited to fences-including
construction £ences, any hardscape, driveways, landscaping, irrigation and drainage
devices, except as otherwise approved by the RHCA.
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T. 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.wrhanaaa.gov/lox/main.php?suite=safety&page=hazard_defiunitions#FIRE. It is
the sole responsxbility of the property owner and/or his/her contractor to monitor the
red flag warn�ing conditions. Should a red flag warning be dec�ared and if work is to
be conducted on the property, the contractor shall have readily available fire
disdnguisher.
U. All utility lines to the residence shall be placed underground.
V. Prior to finaling of �he praject;'as construcfed" plans and ce�ifications
shall be provided ta the Planning Department and the Building Departmenf fo
ascertain that the completed p:roject is in compliance with the approved plans. In
addition, any modifications made to the project during construct�on; shal�be depicted
"as built/as graded".
W. Until the applicants execute an Af£idavit o£ Acceptance of all conditions
of this approval, the approvals shall not be ef�ective. Such affidavit shal� be recorded
together with the resolution.
PASSED, APPROVED AND ADOPTED THIS 18�DAY OF OCTOBER, 2016.
�
CHELF, CHAI
ATTEST:
HEIDI LUCE, CITY CLERK
Any action challenging the fi�al 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
Procedu�re Section 1094.b.
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3 Poppy Trai1 8
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §�
CITY OF ROLLING HILLS )
I certify that#he foregoing Resolution No. 2016-22 entitled:
A RESOLUTION 4F THE PLANNING COMMISSION QF THE CTTY OF
ROLLING HILLS GRAN'fING APPROVAL OF A SITE PLAN REVIEW FOR
IMPROVEMENTS T� A RESIDENCE WITH RESTRICTED DEVELOPMENT
CONDFTION, INCLUDING AN AS-BUILT ADDI'TION AND CONSTRUCTION
OF ATTACHED COVERED PQRCHES AND A �-FQOT MAXIMUM HEIGHT
WALL TQ ACCOMMODATE A 4-FOOT WIDE WALKWAY ALONG THE
HOME PERIN�TER AND A VARIANCE TO ENCROACH WITH NEW
CQVERED PORCHES INTO THE FRONT SETBACK, IN ZONING CASE NO.
911 AT 3 POPPY TRAIL, (LOT 8-PT), ROLLING HILLS, CA �'ONAS).
was approved and adopted at a regular meeting of the Pla�u�ing Commission on
October 18, 2016 by the following ro�1 call vote:
AYES: Commissioners Cardenas, Gray, Kirkpatrick, Seaburn and
Chairman Chelf.
NOES: None.
ASSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at�the following:
Administrative Offices.
� �
CITY CLERK
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