2017-11 RESOLUTION NO. 2017-11
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A SITE PLAN REVIEW FOR GRADING
TO REPAIR A FAILED SLOPE, A VARIANCE TO EXCEED THE
MAXIMUM PERMITTED DISTURBANCE OF TI� LOT AND A STABLE
USE PERMIT TO ALLOW RECREATION USE IlV A STRUCTURE
CONSTRUCTED AS A STABLE IN ZONING CASE NO. 9Q$, AT 29�0
PALOS VERDES DRIVE NORTH, (LOT 1-D-1.RH) {ROTTER).
THE PLANNIlVG COMMISSION 4F THE CITY OF ROLLING HILLS D4ES
HEREBY FIND,RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was duly filed by Mr. and Mrs. Hans and Theresa
Rotter with respect to real property Iocated at 2950 Palos Verdes Drive North, Rolling
Hills, requesting a Site Plan Review approval �or gradang of 642 cubic yards dirt (cut
and fill) over a b,295 square foot surface area to repair a failed slope and to excavate and
finish a 2,040 square foot basement under the existing residence.
Also rrequested is a Stable Use Permit to allow a structure originally permitted as a
stable to be used fox recreational purposes, pursuant to Section 17.18.�40{H} of the
Rolling Hills Municipal Code.
Section 2. The Planning Commission conducted duly noticed public hearings
to consider the application on July 18, 2017 in the fie�d and at an evening meeting on
�'uly 18, 2017, at which the Resolution of Appxoval was reviewed by the Planning
Commissian, and following discussion was adopted. Evidence was heard and
presented from all persons interested in affecting said proposal, and from members of
the Czty staff and the Pianning Commission having revi.ewed, analyzed and studied
said proposal. The applicant's representative was in attendance at the hearings. No one
from the public came forwa�rd to address this project.
Section 3. The Planning Com�nission finds that the project qualifies as an
exemption, and is therefore catego:rically exempt from environmental review under the
Caiifornia Environmental Quali�y Act.
Section 4. Subject proper#y is located in the R.A-S-1 Zone and has a permitted
structure that was built as a stable, bu� it has been used as a recreation room for many
years. The applicants are requesting to retain said use, and have therefore applied for a
Stable Use Permi�, (Section 17.�8.140(� o£the Rolling Hi1Is Municzpal Code).
Section 5. Section 17.46.420{A)(1} requires a Site Plan Review for grading
proje�ts requiring a grading permit. Wif11 respect to the Site P1an Review application,
the Planning Commission makes the follawing findings of fac�:
ZC 908,2950 PV DR.N. 1
A. The proposed activity, as conditioned, is �ampatible with the General Plan
and the Zoning Ordinance. The Land Use Element of the General Pian establishes the
maintenance of strict grading practices to preserve the community`s natural terrain. The
Building Code and fihe Zoning Ordinance require a balanced cu.t a�d fi11 ratio and do
not permit import or export of soil, except under special circumstances applicable to a
property and with a discretionaxy permission by the Planning Commission. It is
projected that all of the dirt wi11 be used on site.
B. The p�roposed activity preserves and integrates into the site design, to the
maximum extent feasible, existing r�atural topographic fea�uxes of the lot including
surrounding native vegetation, mature trees, drainage courses, and la�d forms (such as
hillsides and knolls}. Although g7rading of the existirig slope is necessary to correct slope
failuxe and for the installation of drainage devices, only 0.1�5 acres or 6,295 square feet
over the net parcel area will be affected by the grading, and is necessary to repair a
failed slope. The excavati�n for the basement does not require a discretionary review.
C. The development pIan follows natural contours of the site to muumize
grading. The natural drainage courses will be preserved and continue drai,nage ta the
canyon at the northeastern side of this lot. As a x�esult of this activity drainage on site
will be correc�ed, thus, preventing erosion of the slopes and the drainage will be
directed to the canyon.
D. The development plan will, based upon compliance with the condition�
conta.ined in this Resolution, supplement the existing vegetation with landscaping that
is compatible with and enhances the rural character of #he community. Upon
completion of the project the graded slope will be re-vegetated with native vegetation.
E. �'he development pIan substantially preserves the natural and
undeve�oped state of the lot by muumizing building coverage because no new
structures are proposed.
F. The praposed project is harmonious in scale and mass with the site, the
nat�ral terrain and other residences in the vicinity. Grading will be minor and required
only to repair the slope failure of the property.
Section 6. Sections 17.3$.010 through 17.38.050 of the Rolling Hills Municipai
Code permit approval af a Variance granting relief from the standards and
requirements of the Zoning Ordinance when exceptional or extraordinary
circumstances applicable to�he property prevent the owner from making use of a parccl
o£ property to the same extent enjoyed by sinvlar propez ties in the same vicinity or
zone. Tn proposing to remediate a failed surficial slope and make the Iot safe from a
geotechnical standpoint, grading of the failed area is necessary, in which case the
proposed disturbance area would exceed the allowed amounts with an increases from
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29% to 44.5 where 40% maximum total lot disturbance is allowed. With respect to the
aforementioned request for the Variance, the Pianning Commission finds as follows:
A. There are exceptional circumstances and conditions on the subject
property as follows:
Regarding �the requested variance from Section 1716.070 for disturbance lirnits,
the praject does not meet the maxinlum disturbance allowed. The increase in
distu�rbance is due to the necessary repair of the failed slope, which pursuant to the
City's Ordinance is considered disturbance. The exceptional circumstance is that the
slope failed and it is necessary to repair it, so that further damage to the prope�rty, the
adjacent canyon and adjacent properties are prevented.
B. The variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other propex�y owners in the same vicinity and
zone but which is denied to the property in questian by strict application of the cade.
The property right which otherwise would not be enjoyed is tY►e ability to retain a safe
and geotechnically stable lot. The proposed location of the repair is the least visually
intrusive to the properiy and its neighbors.
C. The graniing of the Variance would not be materially detrimental to the
publzc welfare or injurious to the properties ox improvements in such vicinify and zone
i.n which the property is Zocated, on the contrary,not repairing the slope could result in
property damage�o the applicants' and adjacent Iots.
D. In granting o# the Variance the spirit and intent of the Zoning Ordinance
will be observed in that the proposed activity is necessary to create a safe conditiori on
the lot and wi1l not impact use o�the existing structures.
E. The Variance is consistent with the portions of the County of Los Angeles
Hazardous Waste Management Plan relating to siting and siting criteria fox hazardous
waste facilities.
Sec�ion 7. Stable Use Permit: Pursuant to Sec�ion 17.Z8.140(H) of the Rolling
Hi11s Municipa� Code, property owners of stables that do not conform to the provisions
of�his chapter (17.18 of the RHMC) due to the size of the agricultural and �he tack room
space, plate height of the loft, size of corral and access, or other requirements af this
chapter, and tha�were constructed or modified prior to September 7, 2011 and/or were
used for a purpose other than a�ma�-keeping prior to September 7, 2011, may apply€or
a "stable use permit" granting such structures the legal right to exist under this code that
runs with the Iand, with not having to provide additional area for a set aside for a
future stable and corral, if the following requirements are met:
1. The structure is not larger than eight hundred square feet.
2. The struci�ure has one story only.
ZC 908,295Q PV DR.N. 3
3. The owner pays a fee set by a resolution of the Caty Cauncil that reimburses the
City for the reasonable costs af#his permit.
4. Owner consents to an inspection including photographic records of the current
structure of the current use.
5. Owner must apply for and obtain building permits for ar�y and all portions of
the siruc�ure that were modifiied without building permits.
6. The structure shall not be located in a setback or front yard, except if in the
permitted rear setback.
7. The structure shall not be used for sleeping.
$. The structure shall have a stable-Zike appearance from the exterior.
9. The structure shall not be modified further unless it is to accommodate animals
or to repair, remodel re-rao� or generaliy maintain such structu.re within the
exisfing footprint.
10. The structure shall only be used for passive recreation or animal keeping
activities.
11. There is an area adjacent to the structure usable for a corrai.
The City Manager sha11 be authorized to approve, canditionally appxove or deny
the stable use permit on the basis of whether the requirernents o£this subsection {H} are
met, providing the applicant submi�tted signed statements from at �east one owner of
each adjacent property and shall state that the owner is in support of the use. If such
s'taternent is not submitted from at least one owner of each adjoining property then a
hearing shall be scheduled before the Planning Commission. W�itten notice shall be
sent by regular mail to all adjacent property owners a minimunn of ten days prior to
said hearing. After such a hearing is held, the Plann;ng Comtr�ission shall be authorized
�o approve, conditionally app�rove or deny a stable use permit on the basis of whe�her
the requirements of this subsectian are met.
Section 8. The applicant has not separately informed the adjacent neighbors
prior to the publzc hearing to obtain concurrence, but a separate notice was mailed to
the adjacent neighbors informing them of the request for the Stable Use Permit, with the
notice of the public hearing for the slope remediation. In the letter, the neighbors were
provided an opporttxnity to comment in wrating or come to the public hearing and
address the request at that time. To date, the City has not received any inquiry
regarding this project or the s#able use permit. If no objections are received, or if no
more than one objection is received but the Planning Commission concurs with the
continued use, �he applicant will be required to camply with the provisions of Section
I7.18.Z40H.
Section 9. Based upan the foregoing findings and the evidence in the record,
the Planning Commission hereby approves the Site Plan Review and Variance, as well
as Stab�e Use Permit, in Zoning Case No. 908 for grading and slope repair and to
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continue utilizing the stable structure for recreational uses as ind'acated on �he
development plan incorporated herein, subjec�to the following conditions:
A. The Sife Plan Review, Variance and Stable Use Permit approvaLs shall
expire within two year 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) and 17.38.070 of the Rolling Hills Municipal Code, or the approva� granted
is otherwise extended the enti�lement pursuant ta the requirements of said sections.
B. If any condition of this resolution is violated, the entitlement granted by
this resolution shall be suspended and the privileges granted hereunder shall lapse and
upon receipt of written notice from the City, all constxuction work being perfarmed on
the subject property shall irnmediately cease, o�he�r than work determined by the City
Manager or his/her designee required to cure �he violation. The suspension and stop
work order will be lifted once the Applicant cures the violation to the satisfaction vf�he
Ci#y Manager or his/her designee. In the event tha� the Appl�cant disputes the City
Manager or his/her designEe's determinafiion that a violation exists 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 reguiax meeting of �the City Council for
which the agenda has not yet been posted; the Applicant shall be provided written
notice o£ the hearing. The stop work order shall remain in effect during �he pendency
of the hearir►g. The City Council shall make a determination as to whether a violation
of this Resolution has occux7red. If �he Council determines that a violation has no�
occurred or has been cured by the time of the hearing, the Council will lift �he
suspension and the stop work order. �£ the Council determines that a violation has
occvrred and has not yet been cured, the Council shall provide the Applicant with a
deadline to cure the violation; no construction work shall be performed on the property
until and u.nless the violation is cured by the deadline, o�her than work designated by
the Council to accomplish the cure. If the vi.olation is not c�ared by the deadlixle, the
Council may either extend the deadline at the Applicant's request or schedule a heaxing
for the revocafi.on of the entitlements granted by this Resoiution pursuant to Chapter
17.5$ o�the Rolling Hi1is Municipal Code (Iti Il1�IC�.
C. All requirements of the Buildings and Construction Ordinance, the
Zoning Ordinance, axid of the zone in which the subject property is located must be
complied with unless otherwise set �orth in the Permit, or shown otherwise on an
approved plan. These condi�ions of approval shall be printed on all construction plans.
D. Prior to subrnittal of fanal working drawings to Building and Safeiy
Department for issuance of building permits, the p�ans for the project shall be
submitted to City staff for verification that the fina.l plans are in campliance with the
plans approved by the City Council.
ZC 908,�950 PV DR.N. ra
E. The iot shall be developed and maultained in substantial conformance
with the site plan on fi1e dated J'une 29, 2a17, except as otherwise provided in these
conditions. The licensed professio�al preparing construction plans for this project for
Building Department revi.ew shall execute a Certificate affirming that the plans conform
in all respects to this Resolution approving this project and including conformance with
all of the conditions set forth therein and the Cit�s Building Code and Zoning
Oxdinance.
Further, the person obtainirig 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 appraved therewith.
F. The basement shall be reviewed and approved by the Rolling Hills
Cornmunity Association (RHCA) Architecfixral Committee p:rior to the issuance of
building permit. Perimeter easements and trails, if any, shall remain free and cleax of
any iFnprovements including,but nat be limited to fences-includix�g construction fences,
any hardscape, driveways, landscaping, irrigation and drainage devices, except as
othexwise approved by the RHCA.
G. The property awner shall defend, indemni£y, and hold harmless the City
of Rolling Hills and its officers, employees and agents from and against any claim,
action or proceeding against the City of Rolling Hills, its officers, employees, ox agents
to attack, set aside, void, or annul any approval or condition of approval of the City of
Rolling Hills concerning this Site Plan Review application, including but not limited to
any approval or condition of app�roval of the City Council, Planning Comtnission o�r
Planning Director, which action is brought within the time period provided £or in
Government Cade Section 66499.37. The Ci�y shall promp�ly notify the applicant of any
claim, action, or proceeding concerning the application and the City sha1� cooperate
£u��y in the defense of the�natter.
H. Grading shall not exceed 6,29� square feet surface area, 642 cubic yards of
cut and fill and sha11 be balanced on site, unless approved by staff as a minor
modification. The project shall be completed to Building and Safety Engineer's
requirements and satisfaction.
I. The disturbed area of the lot, which includes the existing disturbed a,reas
and the proposed slope repair area, shall not exceed 18,025 square feet or 44.5% of the
net lot area in conformance with lot disturbance limitations.
J. A grad�ing plan shall be revxewed and approved by the Building Dept.
Geology ar�d Soils Sections prior to commencing any work on subject property, and be
completed per LA County grading requirements.
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K. A drainage plan system shall be approved by the Drainage Engineer, to
include any water from the site irrigation systems and natural flow and a11 drainage
from the site sha1l be conveyed in an approved ma„r,er,
L. An Erosion Control Plan containing the elements set forth is Section 7010
of the 2026 County of Los Angeles Uniform Building Code shall be prepared to
min;m;ze erosion and to protect slapes and channels to control starmwater pollution as
required by the Building Code.
M. In�ensive geotechnical review and supervisian nnay be required
throughout the time the project is ongaing.
N. Twa copies of landscape plan for the graded/repaired area shall be
submitted for review by the Planning Department prior to the issuance of grading
permit. Mitigation areas shall be planted with native and drought tolerant plants.
O. To prevent construction equipment from going beyond the limits of the
remediation area, contractors shall use fencing or other barriers to the greatest �xtent
possible. There shall be no dumping of sail, construction material or any other debris
into the canyon.
P. The property owners shall be required to canform with South Coast Air
Quality Management Dislrict, Los Angeles County and local ordinances and
engineering practices during construction by using dust contro� measures to stabilize
the soil from wind erosian and xeduce dus� and objectionable odors generated by
construction activities. Stockpiles of soil, sand and similar materials shall be stabilized
by being enclQsed, covered., watered twice daily, or with application of non-toxic soil
binders.
Q. During construction, all parking shall take place on the project site. The
common driveways shall not be impeded by construcfion trucks or contractors' vehicles
at any time and shall remain open. In the event that construction activities require the
use of the common driveway, a flagman shall be provided to assi.st with the traffic.
R. During construction, the property owners shall be required to schedule and
regulate consixtiction and re�ated traffic noise thr�ughout the day between #he hours of
7 AM and 6 PM, Monday through Saturday anly, when construction and mechanical
equipment noise is permitted.
S. Should the repai�r activity be halted for any reason, {i.e. inclem�nt
weather), the praperty owner shall take apprapriate measures, as determined by the
Building Official, to minirnize the seepage of any water into the area of slope failure.
ZC 908,295Q PV DR.N. 7
T. Notwithstanding the above condi.tions, any modification to the plan dated
June 29, 2017, as required by the applicants' soils engineer and Public Works
Department shall be reported to the Planning Commission by City staff.
U. The contractor shal] not use tools that could produce a spark, including
for clearing and grubbing, during red flag warning conditions. Weather conditions can
be fot�nd at: � ;�J�ar�vuvv.�a-r�.noaa.g�v�loa�r r���.p�����i�e=saf���a���h�zar°� �i�finitisons�FIRE.
It is the sole responsibility of the property owner and/or his/her contractor to monitor
the red flag warning�onditions. Should a red flag warning be declared and if work�s to
be conducted on the property, the contractor shall have readily available fire
distinguisher.
V. Prior to finaling of the project an "as graded" plan and certification shall
be provided to the Planning Department and the Building Depar�rnent to ascertain �hat
the completed project is in compliance with the approved plans.
W. The applican� shall comply w�ith the requirements of Section 17.1$.140(H)
for the Stable Use Permit and all necessary modifications to the structure and area
adjacent there�o shall be completed at the same time as fhe slope repair is completed, or
no final inpsecton shall be granted for the project.
X. Until the applicants execute an Affidavi.t of Acceptance o#all conditions of
this approval, the approvals shall not be effective.
Y. All conditions of the Site Pian, Variance and the Stable Use Permit
approvals, that apply, shall be complied with prior to the issuance af a grading ar
building permit.
PASSED, APPROVED AND ADOP'TED TH�S 18TH p� JU 17.
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D CHEL , AN
ATTEST:
HEIDI LUCE, CITY CLERK
Any action challenging �he final decision of the City made as a result o£ #he public
hearixig on this application must be filed withul the time limits set forth in Section
17.54.a�a of the Rolling Hills Municipal Code and Code of Civil Procedure Section
1094.6.
ZC 908,2950 PV DR.N. $
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES } §�
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2017-11 entitled:
A RESOLUTTON OF THE PLANNING COMMISSiON OF THE CTTY OF
ROLLIlVG HILLS GRANTTNG A SITE PLAN REVIEW FOR GRADING
TO REPAIR A FAILED SLOPE, A VARIANCE TO EXCEED THE
MA)QMUM PERMITTED DISTURBANCE OF THE LOT AND A STABLE
USE PERMIT TO ALL�W RECREATION USE IN A STRUCTURE
CONSTRUCTED AS A STABLE IN ZONING CASE NO. 908, AT 2950
PALOS VERDES DRTVE NORTH, (LOT 1-D-1RH} (ROTTER).
was approved and adopted at a regular meeting of the Planning Comm.ission on July
18, 2Q17 by the following roll call vote:
AYES: Commissioners Cardenas, Coo�ey, Seaburn and Chairman Chelf.
NOES: None.
ABSENT: Commissioner Kirkpatrick.
ABSTAIN: None.
and in compliance with the Zaws of California was posted at the following:
Administrative Offices.
r ,
�
HEIDI LUCE,
CTTY CLERK
ZC 908,295D PV DR.N. 9