2017-01 RESOLUTION NO. 2017-01
A RESOLUTION OF THE PLANNING COMMISSIQN OF THE CITY OF ROLLING
HILLS APPR4VING A MINOR MODIFICATION TQ A PREVIOti SLY APPROVED
PROJECT (ZONIi�TG CASE NO: 880} �N ORDER TO EXTEND THE LIMITS OF A
PREVIOUSLY APPROVED RETAINING WALL NO MORE THAN THREE FEET IN
HE�GHT AND TWENTY FEET LONG ADJACENT TO A PREVIOUSLY
APPROVED WALKWAY AT 15 PORTUGUESE BEND ROAD (LOT 78-RH},
ROLLING HILLS CA, (HASSOLDT}.
The Planning Commission of the City o�Rolling Hills does h�reby resolve and order as follows:
Section 1. City Council Resolution No. 1189, enacted on August 22, 2016, approves of one
retaining wall, that ranges in height from 7 feet to 3 feet and that encxoaches 12.5' into the side yard
setback, in addition to a 61-square foot building encraachment, at the property located at 15 Portuguese
Bend Road, awned by Mr. and Mrs, William Hassaldt ("Applicants"). On December 14, 2016, the
Applicanfs requested to extend the previously approved retaining wall alang �he side of tlaeir home, for
an additional 20 feet along a pre-approved four-foot walkway in order to better define tlie walkway and
irim off the side of the slope to c�ean up the area. However, Cify Council Resolution No. 1189, Section
13{N), provides: "Notwithstanding Section 17.38.065 and 17.46.070 of the Rolling Hills Municipa�
Code, �there shall be no fizrther modifications, changes or varia�ions to the project approved by this
resolution, or any further development on the property without Pianning Commission review and
approval."
Sec�ion 2. The events that give rise to this Resolution are as follows:
A. An application was duly filed by the Applicants, with respect to real property
loca�ed at 15 Portuguese Bend Road, Rolling Hills, CA (Lot 78-R�, which
requested variances to encroach into the required 20-foot side-yard setback. One
variance proposed an encroachment of 61 square feet; the second variance
proposed a two-foot wide walkway. Three-�aot ta11 retaining wa11s had also been
proposed to retai.n earthen ramps and pxovide a 2-foot wide passage around the
building. At its September 15, 2015 meeting, the Planning Commission approved
Applicants' proposed project(Planning Commission Resolution No. 2a15-21).
B. Consequently, the City Council took jurisdictaon af the application at its October
12, 2415 meeting. On October 26, 2015, the City Council held a duly noticed
public hearing and puhlic field trip, reviewed and considered the staff report,
reviewed and considered written reports, public testimony, and ather information
on the record, including evidence presented by Mr. Hassoldt. At the conclusion
of the October 26, 201 S rneeting, Council directed the Applicants to provide a 4-
�oot wide walkway araund the perimeter of the addition, among other things.
C. Following this direction, the Applicants submitted a new proposal for the
walkway and adjacent retaining walls on November 4, 2015; this proposal was
denied on November 9, 2015. La�er, the Applicants again submitted a revised
proposal for the walkway and adjacent retaining walls; this proposal was
withdrawn on November 23, 2015 and the Applicants requested that the case be
Resalution No. 2017-01
15 Portuguese Bend Rd. I
continued. On July 11, 2016, followuig resubmission of a revised proposal for the
walkway and adjacent retaining walls, the Council disapproved the Applicants'
request.
D. On August 4, 20I6,the Applicants withdrew the variance proposing the 6-foot ta11
retaining wa11 and 2-foot-wide flat walkway and modif ed their request fo include
oz�e seven-foot retaining vvall, which would encroach into tlie required 20-foot
side-yard setback by 12.5 feet for a shart distance. The rerna.ining distance of the
retaining wall would be between 5 feet to 3 feet in height and would encroach less
into the setback as the wall moves away from its midpoint. This retaining wa1�, in
addition to the 61-square foot bui�ding e�croachment, would preserve a four {4}
foot wide walkable passage area around the xesidence.
E. On August 22, 2016, the City Council held a duly noticed public meeting,
review�d and cansidered the staff report, reviewed and considered the Applicants'
request, public testirnony and other information on the record, and approved
Applicants' proposed project(CXty Council Resolution No. 1189}.
Section 3. Findings for Approval.
A. The approved wall ranges in size from three (3) feet to almost seven (7} feet in
height (closest to the corner of the addition), and it w�raps around the corner af the ad�ition, to up to
approximately �3 linear feet along the south side of the acldition and approximately 1 S linear �eet a�ong
the west side of the addition. The proposed addition would extend the wall for an additional twenty (20)
feet along the south side of the addition to improve a.esthetic appeal and to better define the approved
walkway;
B. Sections 17.46.040{C} and 17.46.070(C) provide that the City Manager or
designee may, without site plan review, ap�rove minor improvements, as an administrative item and shall
not require public hearing or notice. Due to the Ianguage o�Condition N, the Planning Commission has
been asked to make a determination normally reserved for City Staf£ Pursuant to Section 17.16.150{F)
of the City's Zoning Ordinance, walls (retaaning or otherwise), which do not exceed three feet in height
and the construction of which does not require grading, may be pernutted in the setback along walkways,
driveways and staarcas�s. As the Zoning Code expressly provides far this conditian, no variance is
required. The Planning Commission concludes that Applicant's request to extend a wall (not ta e�ceed
three feet in height) for an additional 20 feet along the previously approved walkway, is a minor
improvement.
Section 4. Based on the above, the Planning Comm.ission hereby APPROVES a minor
modification to a previously approved project (Zaning Case No. 880) in order to extend the limits of a
previously approved reta,ining wa11, no more than three feet in height and twenty feet long, adjacent to a
previously approved walkway, subject to the following conditions:
A. The approval shall expire within ane year from the effective date of approval as
d�fined in Sections 17.38A70(A) of the Zoning Ordinance unless otherw�ise extended pursuant to t11e
requirements of this section.
Resolution No. 2017-01
15 Portuguese Bend Rd. 2
B. All requirements of the Bwilding Code and the Zoni.ng Ordinance must be
complied with, unless otherwise set forth in this approval.
C. The project shall be developed and ma.intained in conformance with the site plan
on file in the City Planning Department c�ated January 10, 2017. The cand�itions of this approval sha11 be
printed onto building and construction plans and be aeailable on site at a.�l times.
D. The disturbed area of the lot shall remain as is currently and not exceed 71.0%.
E. Notwithstanding Section 17.38.065 and 17.46.070 of the Rolling Hi11s
Municipal Code, there shall be no farther modifications, changes or variiations to the project
approved by this resolution, or any further deve�opment on the property without Planning
Comm'rssion �review and approval.
F. Within 3 days of the adoption of this Resolution, the applicants shall relocate the
portab�e restroom sa that it is nat visible from the public right of way to the satisfaction of City staff, or
this approval sha11 be nu11 and void. The portai�le restroom shall remain in said location far the duration
of the cons�uction and be removed urithin 3-days of compietion of the project.
G. The applicants shall execute an Affidavit of Acceptance of all conditians of the
Site Plan R�view appxoval, or the approval shall not be effective. The Affidavit and the Resolution sha11
be recorded.
H. AlI other specifications arid conditions contained in Resolution No. 1189 shall
remain in full efFect unless superseded by a subsequent Resolution or change to �he Zoning Ordinance.
The Planning Commission finds that the Findings of Fa.ct made in Resol�tion No. 1189 remain adequa.te
and that no changes have been made to the site or the surrounding areas tliat would significant�y a1#er the
environmental analysis ar th�basis upon which the findings that were adopted at that tirne.
PASSED, APPROVED AND ADOPTED THIS 17th DA OF JA Y 2017.
�,. _-
�
� D C LF
� CHAIRMAN
ATTEST:
�
HEIDI LUCE
CITY CLERK
Any action challenging the final decision of the City made as a result of the public hearing on this
ap}�lica�ion must be filed within the time �imits set forth in section 17.54.070 of the Roliing Hills
Municipal Code and Cod� of Ci�vil Procedure Section 1094.6.
Resolution No. 2017-01
15 Portuguese Bend Rd. 3
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resalu�ion No. 2017-01 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING
HILLS APPROVING A MINOR MODIFICATION TQ A PREVIOUSLY APPRQVED
PROJECT {ZONING CASE NO. 880} IN ORDER TO EXTEND 'THE LIlvIITS OF A
PREVIOUSLY APPROVED RETAINING WALL NO MORE THAN THREE FEET IN
HEIGHT AND TWENTY FEET LONG ADJACENT TO A PREVIOUSLY
APPROVED WALKWAY AT 15 PORTUGUESE BEND ROAD (LOT 78-RH),
ROLLING HILLS CA, (HASSOLD'1�.
was approved and adopted at a regular meeting of the Planning Commission on January 17, 2017 by the
following roll call vote:
AYES: Commissioners Cooley, Seaburn and Chairman Chelf.
N4ES: None.
ABSENT: None.
ABSTAIN: Commissioners Cardenas and Kirkpatrick(recused).
and in compliance with the laws of Califomia was posted at the following:
Administrative Offices.
��� , �
HEIDI LUCE
CITY CLERK
Resolution No. 2017-Q1
15 Portuguese Bend Rd. 4