2017-03 RESQLUTIQN NO. 2017-03
A RESOLUTION O� THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS GRAI�TTING APPROVAL OF A SITE PLAN
REVIEW, CONDITIONAL USE PERMIT AND VARIANCES FOR A
RESIDENCE ADDITION, BASEMENT, VARIOUS WALLS AND
GRADING; WIDEN ONE OF THE TWO RESIDENTIAL
DRIVEWAYS AND TO ENCROACH INTO THE FRONT SETBACK
WITH P�R'TIONS OF THE ADDITIONS, BASEMENT AND
GARAGE IN ZONING CASE NQ 91� AT 1 MIDDLERIDGE
LANE NORTH, (PARTS OF L4T515, 1b, 17-MR}, {CIPOLLA).
THE PLANNING CONIlVIISSION OF THE CITY OF ROLLING H�LLS
DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was duly filed by Mr. and Mrs. Chaz Cipolla with respect
to real property �ocated at � Middleridge Lane North, (Pa;rt of Lots 15, 16, �7-MR),
Rolling Hills, CA requesting a Site P1an Review for the construetion of 1,750 square feet
addition and 1,750 square feet of underlying basement, 380 square feet of covered
porches at the house fronf and side, and a 441 square foot (2-car) garage to be attached
by a �.20 square foot breezeway on the home's east side, for a total o£4,650 square foot
residence with 909 square feet ga�rages. The applicants also propose to retain an
e�cisting 140 square £oot outdoor BBQ and 15 square foot outdoor ki�chen at the home's
rear and a tree house in the front. Several not to exceed 3' high retaining walls, which
will average out to 2.5' in height, are proposed along the enlarged building pad to
accommodate the additions, including the new garage. Grading for the enlarged
�esi.dential pad for the addition and for the widening of the driveway would be 2,510
cubic yards, totaY cut and £i11. The applicants seek a CUP fo widened one of the two
driveways to accommodate access to the new proposed garage and variances to
encroach with portions of the praposed development, including �he basement and
garage into the front yard setback and to increase the disturbed area from 35.5% to
37.3%, {40% ma�cixnum allowed).
Section 2. The Planning Commission conduc�ed duly noticed public hearings to
consider the application on January 17, 2017, March 21, 2017 and in the field an March
21, 2017. The applicants were notified of the public hearings in writing by fi�rst class
mail. Evidence was heard and presented from all persvns interested in affecting said
proposal and from members of the City staff and P1aruling Comntission having
reviewed, analyzed, and studied said proposal. The property owners and fheir
representatives were in attendance at the public hearings.
Section 3. Originally included in the requesf was a conditional uses permit and
additional variance for a 10-stall stable with Ioft and related grading, additional
disturbance, a driveway to the stable and a request to legalize grading for a previously
cxeated path in the rear of the property, and allaw to retain the path. The grading for
the pathway consists of a total of 3,500 cubic yards cut and fill over 15,2�Q square foot
Reso.2Q17-03 1
surface area, and it has been completed. uue to the PIa�uling Commission and
neighbars' concerns related to the stable and the proposed third driveway to the stable,
the applicants withdrew the requesf for that portion of the application. At the April 18,
20I7 field trip to view the graded path, the Planning ComnZission decided nat to
consider it at this time and to re-visit this portion of the applieation with the fufttre
application for a stable and grading.
Section�. The propex�,y is zoned RAS-1 and the gross lat area is 4.19 acres. The net
lot area, as calculated by the City, is 2.82 acres or 122,943 square feet. The proper�y is
currently developed with a 2,900 square foot single-family residence and 468 square
foot attached garagE, tree house, sheds and outdoor kitchen with BBQ and fire pit.
Vehicular access zs provided through two aprons on Middleridge Lane N. that allow
access to and through �he existing garage as well as to an existing paved parking area
at �ie front. The easterly existing apron is propased to be widened �o allow access to
the proposed second garage. The Traffic Comrn;Gsion reviewed the residential apron
widening request and recommended approval. There are no �records of permits £ar the
outdoor kitchen and sheds. It is required that the applicants abtain building permit for
these structures or demolish them.
Section 5. The project has been determined to be categorically exempt pursuant to
the California Environmental Quality Act (CEQA) as a Class 1 exemption in that the
project is an addi�ion.
Section 6. Section 17.4b.020(3) requxres a development plan to be subrriitted for Site
Plan Review £or an addition over 999 square feet, and for �ading. With respecf �to the
Site Plan Review application requesting approval of a 1,7�0 square €oot addition with
basement, and associa�ed grading the Planning Commission makes the following
findings of fact:
A. The proposed development is compatible with the General Plan, the
Zani.ng Ordinance and surrounding uses because the proposed structure complies
with the General Plan requirernent of low profile, low-density residential
development. The project conforms to Zoning Code lot coverage requirements. The
lot is over 2.8 acres, as calculated by City, and the addition wiil not result in the lot to
laok overdeveloped. The lot cu�rrently is noncon£orming for front yard encxoachment
with the residence and the additionai encroachment would be mini_mal. The proposed
project is located below Middleridge Lane and will be screened from the road by the
drop in elevation and landscaping which minim;zes the visual impact of the
deve�opment.
B. The development plan substantially preserves the natural and
undeveloped state of the lot by mirlunizing building coverage because the addition is
located in Iine with the exis�ing residence, majority of which is below the road and the
addition will not cause the lot to Ioak overdeveloped. Significant portions of the lof
will be left u�developed so as to xnaintain open space on the property. The nature,
conditi.on, and deve�opment of adjacent uses, buildings, and sfiructures and the
Reso.2017-03 2
topography of the 1ot have been considered, and the construction and maintenance of
the proposed addition will not adversely affect or be materially detrimental to the
adjacent uses, buildings, or sirructures because the proposed addition will be
constructed in line with the existing residence, which partial�y encroaches into the
front setback, will be below street view, is a sufficient distance from nearby residences
so that the proposed structure will not impac� the view or privacy of surirounding
neighbors.
C. The proposed development, as conditioned, is harmonious in scale and
mass with the site, the natural terrain and surrounding residences. The proposed
project is cansistent with the scale of homes in the surrounding RA-S-1 similarly zoned
neighborhood. The propased project entails construction of an addition and wxil create
a residence that is 4,650 squaxe feet with 9Q9 square foot garages, which is comparable
to the homes in vxcinity of subject site.
D. The deve�opmen� plan generally follows natural contours of the site to
the maximum extent practicable to accomplish groomed and usable areas of the lot,
subject to concurrent approval of Variance pursuant to Section 7 of this resolution.
Natural drainage courses will nat be affected by the project. Minimal grading i.s
proposed for the residence addition.
E. The proposed development is sensitive and not detrimentai to the
convenzence and safety of circulation for pedes�rians and vehicles because the
proposed widening of the driveway wi11 be safer and more maneuverable than the
current candition and was recommended for approval by the Traffic Engineer and the
Traffic Comtnission.
F. The project conforms to the requirements of the California Environmental
Quality Act and is exempt.
Section 7. Secfions 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 prope�rties prevent the awner from making use of a
parcel or property to the same extent enjoyed by similar properties in the same
vicinity. Sections 17.�6.110 requires that every lot in the RAS-1 zone shall have a front
setback of not less than 50 fee� fro�n the road easexnent line. The applicant is
requesting a Variance to encroach with a 360 square foot portion of the addition and
same size encroachment of the basement, and with a portion of the porch and Porte
Cochere into the front yard setback. With respect to this request for Variance, the
Planning Cominission finds as follows:
A. There a�re exceptional circumstances and conditions because the property
was previously developed with the residence close to the front yard setback with a
steep slope behind the residential building pad. 8'7b sq.ft. of the existing residence and
the entire garage currently encroach a��c� the front setback. The lot is adjacent to the
Reso. 2017-03 3
RAS-1 Overlay Gone where unusually configured lots enjoy a reduced setback; and
although this lot is larger than the resf of the lots in �lie Overlay Zone, the horne was
constructed to �ie same setback encroachment as the other homes in the Overlay Zone.
The addition will bring the residence mare in line and more compatible with other
residences in the vicinity. Minimal grading is required for the additional building pad
far the addition and the disturbance would only increase by 1.8% far fihis portion o£the
pro�ect and wo�ld be less than 40%.
B. The Variance is necessary for the presexvation and enjoyment of a
substantial property right possessed by other properties in the same vicinity and zone,
but which is denied to the property in ques�ion. S�rict application of the Zoning
Ordinance would deprive the property owner of the rights and benefits enjoyed by
simil.arly sifivated properties in the same zone, including �ie ability fo enjoy a similar
sized home due to physical constrain�s of the lot. The encroachment permits the use of
the lot to the extent allowed for other properties in the vicinity.
C. The granting of the Variance wauld 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. Development in the front setbacks is m;n;rti,al. The
area of addition would not impair views.
D. In granting of the Variance the spirit and intent of the Zoning Ordinance
will be observed in that the proposed addition will be orderiy, attractive, attached to
the residence, and will not affect the rural character of the community. The proposed
addition wi11 not encroach into potentially future equestrian �ses on the property. A
suitable stable and corral area has been set-aside on the site.
E. The Variance request is consistent with the General Plan of the City of
Rolling Hills because the proposed structures comply with the General Plan
requirement of low profile, low-density residen�ial development with sufficient open
space between surrounding structures. The structural lat coverage and the tatal
impervious lot coverage are within the requirements of the City.
Section 8. Section 17.16.230(A)(1} of the Zoning Ordinance contains conditions for a
second drzveway, subject to approval of a conditional use permxt. Section 17.24.030
states that a 1ega1 non-conforming use may continue, provided that such use is not
expanded or extended. The two driveways i;hat exist on the property are Iegal non-
conformin� as no CUP was granted nor required when they were constructed. The
applicant proposes to widen one o£ the driveway aprons by ZQ feet, triggering the
�requx�ement af Section 17.24.030 of the Zoning Ordinance. With respect to this request
for Conditional Use Permits,the Planning Commission finds as follows:
A. Conditionally permitted uses are r�ot outright perrnitted by the Rolling
Hills Municipal Code. The Cammission musf consider applications for a Conditionai
Use Permit and may, with such conditions as are deemed necessary, approve a
canditional use which will not jeopardize, adversely affect, endanger or to otherwise
Reso.20T7-03 4
cons�itute a menace ta the public health, safety or general welfare or be materially
detrirnental to the praperty of other persons Iocated in the vicinity of such use.
B. The granting of a Conditional Use Permit for widening of the existing
driveway apron wauld be consistent with tlie purposes and abjectives of the Zoning
Ordinance and General Plan because use is consisten� with sxm�lar uses in the
community, and meet all fhe applicable code development standards and is located in
an axea on the property that is not in conflict with vehicular access on the road adjacent
thereto. The Traffic Commission approved�he request.
C. The nature, condition, and development of adjacent structures have been
considered, and the project will not adversely affect or be maferially detrimental to
these adjacent uses, buildings, or structures because the proposed widening of the
apron is of su.fficient distance from nearby driveways so as to nat impacf the ingress,
egress and road candition of surrounding neighbors.
D. The project is harmonious in scale and mass with the site, the natural
ferrain, and surraunding residences because the proposed use is not differenf than
what exis�s and its use wi11 nat be incxeased, as it serves the same house.
The second driveway will enable adequate Fire Department access and provide
on-site parking opportunities for guests. It will have low profile and ailow for that
portion of the property to be open and unobstructed.
E. The proposed conditiona.l uses are consistent with the portions of the Los
Angeles County Hazardous Waste Management Plan relating to siting criteria for
hazardous waste facilities because the project site is not listed on the current State of
Ca�ifornia Hazardous Waste and Substances Sites List.
Secfion 9. Based upon the foregoing findings in Sections b, 7 and $, the Planning
Commission hereby approves the Site Plan Review, Variances and a Conditional Use
Permit in Zoning Case No. 915 to consfxuct 1,7�0 square feet addition and 1,750 square
feet of underlying basement, 380 square feet of covered porches and a 441 square foot
(2-�car) garage to be attached by a 120 square foot breezeway to the residence; to retain
an existing 140 square foot outdoor BBQ and 15 square foot outdoor kitchen and a tree
house in the front; �ading of total o£ 2,510 cubic yards of dirt, to widen one existing
driveway and to encroach with 360 square feet �f the new addifion and basemerit,with
180 square feet of the garage and portions of the porch and breezeway inta the front
yard setback, subject to the following conditions:
A. The Site Plan, Conditional Use Permit and Variance approvals shall
expire within two years from the effective date of approval if consteuction pursuant to
this approval has not commenced within that time period, as required by Sections
17.46.080 and 17.38.070(A) of the Rolling Hills Municipal Code, or the approval
g7ranted is otherwise extended pursuant to the requirements of those sections.
Reso.2017-03 5
B. If any condition of this resolution is violated, the entitl�ment granted by
this resolution sha17 be suspended and the privileges granted hereunder shall lapse and
upon receipt of written notice from the City, all construction work being performed on
th.e subJect property shall irnmediately cease, other fhan work determined 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. In the event that the Applicant disputes the City
Manager or his/her designee's determination that a violation exi.sts or disputes how
the violation must be cured, the Applicant may request a hearing before the City
Council. The hearing shall be scheduled at the next regular meeting of the City
Council for which the agenda has not yet been posted; the Applicant shall be provided
written notice of the hearing. The stop work order shall remain in effect during the
pendency of the hearing. The City Council shall make a determination as fo whether a
violation af thi.s Resolution has occurred. Tf the Council determines that a violation has
not occurred or has been cured by fhe timE of the hearing, the Council will lift the
suspension and the stop work order. If the Council determines that a violation has
occurred and has not yet been cured, the Council shall provide �he Applicant with a
deadline to cure the violation; no construction work shall be performed on the
property un�il 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 dead�ine at the App�icant's request or
schedule a hearing for the revoca�ion of �ie enti�.ements granted by this Resolution
pursuant to Chapter 17.58 of the Rolling Hills Municipa�Code {RHMC}.
C. All requirements of the Building and Construction Ordinance, the Zoning
Ordinance, and of the zone in which the subject prope�y is Iocated must be complied
wi�Ii unless otherwise set forth in�he Pern�it, or shown otherwise on an approved p1an,
including but not be limited to the Outdoor Lighting Ordinance. Further, pursuant to
Section 17.27.Q30, all utility lines to the residence shall be placed underground. Per
Chapter 8.30 of the RHMC fihe property shall at aIl tirnes be maintained free of dead
trees and vegetation.
D. The lot sha11 be developed and maintained in substantial conformance
with the site plan on file dated Ap�il 12, 2Q17, including the widened driveway, as
recommended approval by the Tra££ic Commission, except as otherwise provided in
these conditions.
E. The working drawings submitted to the Department of Buzlding and
Safety for p1an check review must conform to the development plan approved with
this application. A capy af the conditions of this Resolufion shali be printed on plans
approved when a building permit is i.ssued and a copy of such approved plans,
including conditions of approval, shall be available on the building site at aII�imes.
Any modifications and/or changes to the approved project, including resulting from
field conditions, sha11 be discussed and approved by staff prior to implementing the
changes. Such review will require a public hearing before the Planning Commission if
fihe modifications represent a major modification af the project.
Reso.201'7-03 6
F. A licensed professional preparing construction plans for tlus project for
Building Department review sha11 execute a Cex�ificate affixming that the plans
conform in alI respects to this Resolution approving this project and i�cluding
conformance with a11 of the conditions sef forth therezn and �he City's Building Code
and Zoning Ordinance.
Further, the person obtaining a building permit for this project sha11 execute a
Certifica�e of Construc�ion stafiing that the projecf will be constructed accordixig �o this
Resolu�ion and any plans approved therewith.
G. A minimum o£five-foat level path and/or wa�kway,which does not have
to be paved, shall be provided around the entire perimeter ot all of the proposed
structures, or as otherwi.se required by the Fire Departrnent.
H. Grading for this project will entai12,510 cubic yards cut and fill total. Dirt
shall not be exported.
I. Structural Iot coverage, including a m;n;mum of 450 sq.ft. stable, shall not
exceed 7,Q92 square £eet or 5.8% of the total net lot area of �the lot, excluding the
allowed deductions. The total iot coverage will be 14,187 square feet or 11.54% of the
net lot area. The residential building pad, which would be increased by 1,415 square
feet, is p:roposed at 7,215 square feet, (not in setbacks}, shall have coverage of 6,100
square£eet(with deductions) or 84.55%.
J. 'The d'zsturbed a�ea of the lot shall not exceed 45,825 square feet or 37.3%.
K. A set-aside area for a futu.re stable and corral of 1,000 square feet, sha11 be
retained on the property at all times, unless an application is fil�d for a CUP for stable
construction, and i�is constructed.
L. In conjunction witli an application for a building permit for thzs project,
the appl�cant shall submit an application for a permit for the non-permitted outdoor
ameni#ies, or they shall be demolished. A final 3nspection by the Building Inspector
must be gx�anied for the "as built" and "as graded" items prior to or in concurrence
with a final inspection of the additions.
M. A drainage plan, as required by the Building Department shall be
prepared and approved by City Staff prxor to issuance of a construc�ion permit. Such
plan shall be subject to LA County Code requirements.
N. The front setback line and the roadway easement line in the vicutity of
the construction of this praject sha11 remain staked throughout the construction.
O. During construction, conformance with the air quality management
district requirements, storm water pollution preventian prac�ices, county and local
Reso.2017-03 7
ordinances and engineering practices so that people or property are not exposed to
undue vehicle trips, noise, dust, and objectionable odors shall be required.
P. The property owners shall be required to conform with the Regional
Water Quality Control Board and County Public Works Departmenf Best Management
Practices {BMP's) requirements related to solid waste, drainage and storm water
management. Fux�her the property owners sha11 be required to conform to the Coun�y
Health Departrnen� requirements for a septic system, should changes to the existing
system be required.
Q. Perimeter easements, including x�oadway easements and txails, i� any,
shall remain free and clear of any impx�ovements including, but not be limited to
fences-including consixuction fences, any hardscape, driveways, landscaping,
irri�gation and drainage devices, except as otherwise approved by the Rolling Hills
Community Association.
R. Minimum of 65% of any construction materials must be recycled or
diverted from land£ills. The hauler of the materials shall obtain City's Construction and
Demolition permits for waste hauling prior to start o£ work and pxovide proper
documentation to the City.
5. During construction, to the extent feasible, all parking shall take place on
the project site, on the new driveway and, if necessary, any overflow parking may take
place wxthin the unirnproved roadway easements along adjacent streets, and shall not
obstruct neighboring driveways, visibility at intersections or pedestrian and equestrian
passage. During construc�ion, to the maximum extent feaszble, employees of the
contractor shall ca:r-pool into the City. To the extent feasible, a minimum of 4' wide
path, from the edge of the roadway pavement, for pedesixxan and equestrian passage
sha�l be available and be clear of vehicles, construction materials and equipment at a11
times.
T. During construction, the property owners shall be required to schedule
and regulate construction and related t-raffic noise throughout the day between the
hours of 7 AM and 6 PM, Monday i�hrough Saturday on1y, when construcHon and
mechanical equipmenf noise is permitted, so as not to inter�ere with the quiet
residential environxnent of the City of Rolling Hills.
U. The contractor shall not use tools that could produce a spark, including
for clearing and grubbin� during red flag warning conditions. Weather conditions can
be found at:
http://www.wrh.noaa.gov/lox/main.php?suite=safety&page=hazard_definitions#FI
RE. It is the sole responsibility of the propex�y owner and/or his/her contractor to
monitor the red flag warning conditions. Should a red flag warning be decla7red and if
work is to be conducted on the property, �ie contractor shall have readily ava�ilable fire
distinguisher.
Reso.2017-03 8
V. Prior to finaling of the project an "as graded" and an "as built" plans and
certifications shall be provided to the P1aruZulg Department and the Building
Department to ascertain that the completed project is ix�compliance with the approved
plans. In addition, any modifications made to t�he project during construction, shall be
depicted on the "as built/as graded" plan.
W. Until the applicants execute an Affidavit of Acceptance of all conditions
of this approval, the approvals shall not be effective. Such affidavit shall be recorded
together with the rEsolution.
PASSED, APPROVED AND AD4PTE THI D AP ZL 2017.
S LF,CHAI
ATTEST:
� +�t��J
HEIDI LUCE, CITY CLERK
Any action challenging the final decision of the City rnade as a result of the public
heax�ing on this application must be filed within the time Iimits set forth in section
17.54.070 of fihe Rolling Hills Municipal Code and Code of Civil Procedure Section
1094.6
Reso. 2017-03 9
STATE OF CALIFORiVIA }
COUNTY OF LOS ANGELES ) §�
CTTY OF RQLLING HILLS)
I certify that the foregoing Resalu�ion No. 20I7-03 entitled:
A RESOLUTTON OF THE PLANIVING COMMISSION OF THE
CITY OF ROLLING HILLS GRANTING APPROVAL OF A STTE
PLAN REVIEW, CONDITIONAL USE PERMfT AND
VARIANCES FOR A RESIDENCE ADDiTION, BASEMENT,
VARIOUS WALLS AND GRADING; WIDEN ONE OF THE
TW� RESIDENTTAL DRIVEWAYS AND TO ENCRQACH
INTO THE FR�NT SETBACK WITH PORTIONS OF THE
ADDITI4NS, BASEMENT AND GARAGE IN ZONING CASE
NO. 915 AT 1 MIDDLEIZIDGE LANE NORTH, (PARTS OF
LOTS 7.5, 16, 17-MR), (CIPOLLA}.
was approved and adopted at a regular meeting of the Plannulg
Commission on Apxi118, 2017 by the£ollowing roll call vo�e:
AYES: Commissione�s Cooley, Kirkpat�rick, Seaburn and Chairman
Chelf.
NOES: None.
ABSENT: None.
ABSTAIN: Cornmissioner Cardenas (recused).
and in compliance with the laws of California was posted at the following:
Administrative Offices.
� t.C/
HEIDI LUCE
CITY CLERK
Reso.2017-03 10