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2017-18.pdf RESOLUTION NO. 2017-18 A RESOLUTION OF THE PLANNING COMMTSSYDN OF THE CITY OF R4LL�NG HILLS IN ZONING CASE NO. 923, APPROVING A REQUEST FOR A S�TE PLAN REVIEW FOR GRADIlVG AND VARIANCE TO RETAIN A P4RTIQN OF IMPORTED DIRT F4R THE GRADTNG AND TO EXPORT THE REMAINING PORTION OF THE DIRT, T� CONSTRUCT GREATER THAN 2:1 SLOPE AND TO MODIFY A PREVIOUSLY APPROVED PROJ�ECT, (ZC NO. $43}, AT 38 PORTUGUESE BEND ROAD {LOT 11$-RH}, (L�7HEELER). The Planning Cornmission does hereby find, resolve and arder as follaws: Section 1. rn February 20Z4, after several modifications, the Plar,n;ng Commi.ssion, in Zoning Case No. 843, approved balanced cut and fill to enlarge the swixr►�xiing pool building pad from 7,185 square feet to 9,318 square £eet and to construct an 860 square foot covered patio that would contain an outdoor kifichen and other outdoor amenities. A spa on a lower pad behind the swunming poo� and two 2'6" retaining walls along the building pad were also approved. Grading for this project was approved at 810 cubic yaxds total, wh�ich included the grading f�r the wa11s along the sides of the stair/fountain structure, which was approved under a separate z�ning case, following a cade enforcemen�action by the City. Section 2. On or about July 13, 201b, City Staff was aierted to the fact that a Iarge amount of unperanitted dirt, rocks, and Ioose concrete had been deposited and was bein�stored alon.g �.i.e sXope o£, and in�he canyon at 3�i P�rtuguese Bend Road. A visxt to the site revealed that the loose dirt, zocks and concrete pieces being stored along the slope of the Subject Property and the canyon adjacent thereto had the pofential to fall to the bottom of the canyon and become part af the natzzral drainage course. Purtherxrnore, the loose di�, rocn,s and concrete pieces covered the existing vegeta�ion along the slope and canyon, the:reby facilitafing potential erosion of the slopes into fhe canyon. City Staff noti£ied the owners that the imported dirt and storage of dirt along the slope of the Subject Property and �lie canyon adjacent thereto was a viol.ation of Rolling Hills Municipal Code Section$.32.060(B) and Section 15.04.1�0(1} and �requested that they abate this condition. Despite conti.nued attempts to gain the Prope�rty Owners' compliance, the dirt, rocks, and Ioose concrete remain along the slope o£ the Subject Property and in the canyon adjacent thereto. The engineer for the project estimated that since the 20�4 approval, approximately 3,700 cubic yards of dirt was import�ed t�o �he lot, which caused �he property to be subject to code enforcement proceedings, and ultimately the request for modification and restoration of the slopes. Section 3. The code enforcement efforts by staff continued under frhe nui.sance provisions of the Municipal Code, and the owners were now required to remove the dirt from the sides of the canyon, stock pile it on the flat area of the pad, cover it and 1 apply to the Planning Com.mission for a variance to keep the imported dirt, if they wished to keep it, and for modification to the previously approved project. The applicartts did not comply with staff's direction towards abatement of the nuisance condition. The case was referred ta the City Council for a determination and direction. At the March 9, 2017 City Council meeting the City Council directed the applicants �o abate the nuisance within date specific time Iine, by either removing the dirt from the sides of fihe canyon,stack piling it on the pad and applying to the Planning Commission for project rnodification; ar removing the dirt frorn the canyon and the propex�.y and returning the slope and the swimming pool pad to the condition that existed prior to the dirt being deposited there. Following City Council's decision, the applicants, to the best of their ability removed the dirt £rom the sides of tlie canyon, stocked piled it on the flaf area by the pool and submitted an application for Planning Commission consideration to modify the previously approved project, resto:re the slopes where the dirt was placed and keep some of the unpermitted dirt and export the balance. Section 4. The Planning Commission considered this itern at duly noticed public hearings on May 16,2017,june 20,2017 July 18,2017, SeptemUer 19, 2017 and at a field trip on June 20, 2017. The Planning Coxnmission reviewed and considered the staff reports, reviewed and considered the Applicants' request, public testimony, and other informa�ion on the record and directed staff to prepare a Resolution of approval for the project. The a�plicants were notified of the public hearings in writing by first class mai1. Evidence was heard and presented from aII persons interested in a£fecting said proposal and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said pxoposal. The applicants and their representative were in attendance at the heaf7ng. Section 5. The Planning Commission finds that �he proJect to modify Zoning Case No. 923 qualifies as a Class 3 Exemption, and is therefore categarically exempt from environmental review under the California Environmental Quality Act. Neighbors vvi�hin 1,000-foot radius wer� notified of the public hearings and a notice was publzshed in the Peninsula News on May 4,2017. Section b. The lot i.s 5.08-acre in size in the RAS-2 zoning district. Portu.guese Bend Road divides the property, where approximately 47,500 square feet of the Iot (1.07 acres} is located on the west side o£ the road and the remaining on the east side of the road. Portuguese Bend Road roadway easement along this lot is 80 feet wide. The pox�ion east of Portuguese Bend Road is developed with 5,112 square faat residence, 761 square foot garage, 773 squat'e foot swimrning pool, b�3 square faot guest ho�se, covered porches, entryway and service yard. The portion of the lot west of the road is undeveloped. 2 Section 7. Findings for Approval of Variances to keep 2,33U cubic yards of dirt and to export 2,370 cubic yards of dirt; and create a slope greater than 2:1. gradient in ane area of the restored slope. Sections 17.38.Q10 th�ough 17.38.050 of the Rolling Hills Municipal Code permit approval of a vaxiance from the standards and requirements of the Zoning Ordinance when exceptional or extraordi.nary circumstances applicable to the property and not applicable to other sunilar pxoperties in the sarne zone prevent the owner from making use of a parcei of property to �he same extent enjoyed by similar properties in the same vicinity. In the subjec't application, the Applicants requested variances to exempt them from strict compliance with Section 17.16.230 and S�ction 17.16.220 {which requi�re balanced grading on site and slopes to be no steeper than two horizontal to one vertical}. The Applicants are requesting a Variance to import 1,330 cubic yards of soil and export 2,370 cubic yards of soil. Additionally,the Applicants are proposing a slope of 1.5:1 for a short distance of the disturbed slope, where the unpermitted dirt was placed. The resulting slope for a short distance i.s necessary as there isri t enough vertical distance bettiveen the bottom of the canyon and the building pad area to create gentler and Ie�s vertical slope in only one area. With respect to tliese �equests for Variances,the Planning Comm�ssion finds as follows: A. There are exceptional and extxaordinary circumstances and conditions applicable to the property or to the intended use that do not apply generally to the other property in the same zone because fhe existing dix� must be integrated into the approved project in a way that allows the property to be developed. B. Strict application of the Zoning Ordinance would deprive the Applicants of the right and benefits enjoyed by similarly situated properties in the same vicinity and zone. Inte�ation of the existing soil into the development of the project permits the use of the lot to the extent allowed for o�her properties in the vicinity and will otherwise avoid the environmental impacts related to the removal of all 3,700 cubic yaxds of dirt from t�ie City. C. The granting of the Variances would not be materially detrimental to the public welfare or injurious to the property or improvemen�s in such vicinity and zone in which the property is located. Integration of the existing soil into �he development of the project permits the use of the lot to the extent allowed for other properties in the vicinity and will otherwise avoid the environmental impacts relafed to the removal of all 3,700 cubic yaxds of diixt from the Cxty. Furthermore, implementation of the existing dirt would eliminate fihe need for the two previously approved 21h foot retaining walls and would therefore increase the aesthetics of the project and result in less environmental impacts. D. In granting the Variances, the spirit and intent o#'the Zoning Code wi11 be obsexved because the integration of the existing soil permits the use of the lot to the extent allowed for other properties in the vicinity. Furthermore, implementation of the existing dirt would eliminate the need for the fwo previously approved 21/z foot 3 retaining wa11s and would therefore increase the aesthetics of the pxaject and result in less envixonmental impacts. E. The Variances do not grant any special privilege(s) to the Applicants; the Applicants are required to integrate the existing soil on the proper�y in order to bring the property into compliance with a City Council directive. Specifically, Applicants have been dixected to use the existing dirt to repair the slopes west of the proposed building pad which became damaged when the di.rt was impermissibly imported. Due to the lacation of bottorn of�1ie canyon to the top of�he buiiding pad, there isn't enough vex�ical dis�ance between the bottom of the canyon and the building pad area to create gentler than 1.5:1 slope in only one area along the building pad. F. The Variances are consistent with the portions of the County of Los Angeles Hazardous Waste Managemenf Plan relating to si.ting and siting criteria for hazardous waste facilities because there are no hazardous waste facilities involved. G. The Variances requested a�e consistent with the genera�plan of the City of Rolling Hills because the proposed improvements will repair and preserve the stabzlity of the slopes which wex�e damaged by the impermissible import of dirt. Furthermore, the slopes will be Iandscaped in order to prevent erosion. Lastly, implemen�ation of the existing dirt would eliminate the need for the t�wo prevzously approved 21/z foot retaining wa11s and would therefore inc�rease the aesthetics of the p�oject and result in less environmental impacts. Section 8. Findings for Approval of Si�e Plan Review �o use the dirt to grade the slopes, so that the walls could be removed and slopes repaired from the dumped dirt, as required by Sectian 17.46A�0. Wi�i respect to the Site Plan I�eview application, the Plaruung Commission finds as follows: A. The proposed grading complies with and is consistent with the goals and po�icies of the general plan and all requirements of the zoning ordinance. The proposed g�rading will repair and preserve the stability o£ the s�opes, wh�ich will be landscaped in arder to prevent erosion. Coupled with the fact that the implementation of the existing dirt would eliminate the need for the two previously approved 21/z-foot retaining walls, �Yus will increase�lie aesthetics of the project. B. The p�roposed grading will substantially preserve the natural and undeveloped state of the lot because it will be conducted on the slope above the canyon adjacent to the propex�y. In other words, the proposed grading will not affect the previously approved building coverage because the proposed covered pa�io wil1 be constructed on the previously approved building pad and �lie grading will be conducted an the canyon slopes, where no greater development will take place; only slope restoration due to the disturbance of the slopes by the unpermitted dirt. 4 C. The proposed grading is harmonious in scaie and mass with the site, the natu.ral terrain and sux�rounding residences because nothulg wi11 be constructed on the slope which is proposed to be graded. The proposed grading will repair and preserve the stability o€ the slopes and ret�urn them to a 2:1 gradient, except for one short span. The slopes will also be landscaped and therefore will not impact the aesthetics of the surraunding canyon. D. The proposed grading will not impact existing topographic features of the site, and integrates draining COII�'S@5 and Zand £oxms into the site design. �mplementatioz� of the existing dirt wo�zl.d eliminate the need for the two previously approved 21/2 foot retaining walls and would therefore increase th� aesthetics of the project and result in Iess environmental impacts. E. 'The proposed g�rading has been designed to follow the natural contours of the site and will xnimic the existing 2:1 gradient slopes. Furkherinore, the proposed grading will minimize the amount of dirt requixed to create the building area because af the 3,700 cubic yards of dirt e�cisting on the property, 1,330 cubic yards will be incorporated into the development of the project while the remairung 2,370 wi11 be exported. F. The proposed project will not modify existing drainage channels nor redirect the drainage flow. The proposed grading along the canyan slope will restore the existing drainage course by cleaning most of the dirt out of the canyan and reestablishing the existing water course. G. As parr of the overall approval of the project, the proposed grading must preserve the surrounding native vegetation and mature trees by supplementing these elements with drought-toleranf landscaping (which is compatible with and enhances the ru�al cha�acter of the con�munity while providing a buffer/transition area between p�i.vate and public areas}. H. The proposed grading zs sens'rtive and not detrimental to the convenient and safe movement of pedestrians and vehicles because it will not be conducted on or near any existing driveway or pedesirian walkway: Nor wxl� the grading along the siope impact any hiking or ho�rse trails. I. The proposed grading conforms to the requiremen�s of the California Environmental Quality Act and qualifies as a Class 3 Exemption, and is therefore categorically exempt from environmental review under tiie California Environmental Quatity Act. Section 9. Based upon the foregaing findings in Sections 7 and 8 the Planning Commission hereby approves the Site Plan Review and Variance app�ication in Zoning Case No. 923 subject to the following conditions: 5 A. The Site Plan IZeview and Variance appx�ovais sha11 expire within two years from the effective date of approval if constructi.on pu�rsuant to this appxoval has not commenced withzn that time period, as required by Sections 17.46.080(A} and 17.38.070(A) of the Rolling Hi11s Municipal Code, or the approval granted is otherwise extended pursuant to the requirements of those sections. B. If any condition of fhis resolution is violated, the entitlement granted by this resolution sha1l be suspended and the privileges granted hereunder shall lapse and upon receipt of written notice from the City, all construction work being performed on the subject property shall irnmedxately cease, other than work determined by the City Manager or his/her designee required to cure the vialation. 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 exists or disputes how the violation must be cured, the Applicant may request a hearing before the City Council. The hearing shall be schedu�ed at the next regular meeting of the City Council far which the agenda has not yet been po�ted, the App�icant shall be provided written notice of the heari.ng. The �top work order shall remain in effect during the pendency of the hearing. The City Council sha1l make a determination 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 Co�xncil will lift the suspension and the stop work order. I£ the Council dete�rxn.ines that a violation has occurred and has not yet been cured, the Council shall provide the Applzcant 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 rnay exther extend tlie deadline at�he Applican�s request or schedule a hearing for the revocation of the enti�Iements granted by this Resolution pursuant to Chapter 17.5$ o€the�alling Hi1Is Municipal �ode (RI TIi�fC}. C. All requx:rements of the Building and Construction Code, the Zoning Code, and of the zone in which the subject property is located must be complied witlt, including the Outdaor Lighting Qrdinance, unless otherwise set forth in this approval, or shown otherwise on an approved plan. D. The lot sha11 be develaped and maintained in substantial conformance with the site plan on file dated September 12, 2017. Priar to submittal of final working drawings to the Bu�lding and Safety Department for issuance o� grading and/or building perrruts, the plans for the project shall be submitted to City staff £or verification that the final plans are in compliance with the plans approved by the Plarming Commission. The conditions of approval speci�ied herein sha11 be printed on all construction pla�s and shall be available at the construction site at all times. b E. The licensed professional preparing construc�ion plans for this projecf for Building Department review shall execute a Certificate affirming that the plans conform in a11 respects to this Resolution approving this praject and all of the conditions set forth therein and the Cit�s Building Code and Zoning Qrdinance. Further, the person obtaining a building and/ ox� grad�ing permit for this project shall execute a Certificafe of Canstruction stating that the project will be constructed according to this Resolution and any plans approved therewith. F. The project must be reviewed and approved by RHCA. G. Grading shall not exceed 1,330 cubic yards of cut and fill tofal; export o€ 2,370 cubic yards of the unpermitted dirt shall be exported frorn the site. No additional grading o:r d'zsturbance, including for access to the cox�struction site shall be permitted. H. Structural Iot coverage shall not exceed 9,769 square feet or 5.1% of the net Iot area, including the future 72D square foot stable, in conformance with the zoning requirement. The structural coverage on the px�oposed 9,318 square foot swimm;��g pool building pad shal�not exceed 2,451 square feet ar 26.3°�. I. Total lot coverage of structures and paved areas shall not exceed 2b,823 square feet, or 14.0% in conformance with the zoning ordinance. J. The t�wo previously approved 2.5' high retaining walls, which were to encircle the swimrnrng pool pad and the previously approved spa shall be eli,,,�n�ted with thi.s approval. K. T�1� C�i5t[Ti�bance of the net Io�shall not exceed 17,Q�5 square{eeir of surface area or 34.1% of the net Iot area, which includes the fufure stable, carral and access thereto. L. Prior to hauling away the dirt from the property, the applicants shall inform the City and RHCA staff of the date and t�me af this activity. The hauler shall implement Best Management Practices to assure that the dirt is not spilled onto the street during transport. M. The solid roo£covered patio sha11 not exceed 860 square feet, as measured from the finished exterior surface of the posts. The patio may not be enclosed on any side. Any utility line to the structure sha11 be placed underground. N. If applicable, the app�icant shall be required to conform to the City of Rolling Hills Water E�ficient Landscape �rdinance, Chapter 13.18 of the Municipal Code. 7 �. The graded areas shall be landscaped and continually rnaintained in good condition. Any t;rees and shrubs used in the landscaping scheme for this project shall be planted in a way that will not result in a hedge like screening and�will not ixnpair views from neighboring properties but will screen the project site, including the covered patio and the swimming paol pad. Prior to i.ssuance o£ a grading permit a detailed landscaping plan shall be submitted to City staff for review. The Iandscaping plan shall utilize to fhe maximum extent feasible, plants that are native to fhe area, are water-wise axtd are consistent with the ru�ral character of�he cammunity. A final inspection shall not be granted unless the slapes are vegetated, the patio area screened from neighbors and the vegetation established. P. The applicants shall submit a detailed drainage pIan to the City's drainage engineer. Thi.s project shall meet the requirements of the City's Low Impact Development portion of the Storm Water Management and Pollution Control ordinance, if applicable. The applicant shall comply with grading requirements xelative to subrnittal of grading and construction reports as required by the Building Q£ficial. �n order to prevent sediments and water run-off from reaching the canyon from the disturbed slopes, by November 1, 2Q17 an erosion control plan sha11 be submitted to the Building Department and implemented, even if grading permits have not been issued by that time. The applicants shall secure all permifs from the Department af Building and Safety p:r�or to commencing any work. Q. Minimurn of 65% of the construction material spoils sha11 be recycled and diverted from landfills. The hauler shall obtain a Construcfi.on and Demolition permit from the City and provide proof of recycling. R. There shall be no discarding of any debris, t�ash, soil and construction spoils or any other material into the canyon ar deposited anywhere on the property, including easements. No grading, planting, structures, drainage devices or hardscape, including driveways, or storage af any objects including building rnaterials shall take place in the easements, unless approved by the RHCA. S. The City or the Building Deparhnent may requixe a construction fence#or the duration of the grading for this project. Such fence shall not be located in any easement or cross over trails or natural drainage course and shall be removed immediately upon completion of�he grading work. In addition, any construction facility, such as a construction frailer/office or portable toilets, to a maxunum extent prac�icable, shall be located in a manner not visible from the s�.reet, and be in a Iocation sati.sfactory to Ci�y staff. 8 T. During construction, the property owners shall be required to schedule and regulate construction and related traffic noise throughout the day between the hours af 7 AM and b PM, Monday through Saturday oniy, when construction and rnechanical equipmenf noise is perrnitted, so as not to interfere with the quief residential environment of the City of Rolling Hills. U. Construction vehicles or equipment, employees vehicles, delivery trucks shall not impede any traffic lanes to ma�cimum extend practical; if traffic must be blocked in order to aid in the construction, no more than a single lane may be blocked far a short period of time and flagmen utilized on both sides of the impeded area to direct traffic. V. During construction, all parking shail fa:ke place on the project site, and, if necessary, any overflow parking may take place wi.thin the unimproved roadway easement along Portuguese Bend Road, and shall not obstruct neighboring driveways or pedestrian and equestrian passage. During construction, to tlze ma�cimum extent feasible, employees of the contractor shall car-pool into the City. A m;r,;,,,um of 4' wide path, from the edge of the xoadway pavement, for pedestr�ian and equestrian passage shall be avai�able and clear at all times. W. Na drainage device may be located in such a manner as to contribute to erosion or in any way affect a slope, an easemen�, trail or ad�acent properties. The energy dissipaters shall be designed in such a manner as to not C�'055 over any equestrian trails or easements. The drainage system(s) shall not discharge water onto a trail, shall incorporafe ear�h tone colors, including in the design of the dissipater and shall be screened from any trail and nezghbors views to the maximum extent pxacticable,without impairing the function of the drainage system. X. The property owners sg�Ii Y�e required fo c�n{orn� to the I�egional Ti�+Tater Quality Control Board and County Public Works Department requirements for the inStallation of best n�anagement practices (BMPs) related to solid waste and storm water rnanagement, including erosion cont-rol measures, and post construction maintenance of stormwater drainage facilities. Y. During canstruction, conformance with the aix quality xnanagement di.strict req�iremen�s shall be complied with, so that people or property are not exposed to undue vehicle trips,noise, dust,and objectionable odors. Z. The propex�,y owner and/or his/her contractor/applicanf shall be responsible for compliance with the no-smoking provisions in the Municipal Code. AA. 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: ht�.�/ ��r��r�r���a.��� t� .tx���n.����:sirate=���e�'��g�=h���r�_c�.e�i�.ili�����.�:��, 9 ��. It is the sole responsibilify of the property owner and/or his/her contractor to monitor the red flag warning conditions. AB. The properf.y on which the project is located shall contain an area of minimum af 1,000 square feet to provide an area meeting all standards for a stable (450 square feet} and corral (550 square feet) with access thereto. AC. Until the applicants execute and record an Affidavit of Acceptance of all conditions of this Site Plan Review and Variances approvals, as required by the Municipal Code, the approvals shall not be effective. AD. Prior to final in.spection of t].ie project, "as graded" and "as construc�ed" plans and certifications shall be provided to the Planning Depart�ment and the Suilding Deparhnent to ascertain that the completed projecf is in compliance with thE Planning Commission approved pians. In addition, any modifications made to the project during cons�ruction, shall be depicted on the "as built/as graded" plan. AE. There shall be no fiirther modifications, changes or variations �o gh� p�ojec� approved by this resolution, or any further development on the property, e��ept those approved px�eiously,without Pl�e�niaag Commission reviiew aad app�roval. AF. All conditions of the Site PIan and Variances approvals, that apply, shali be complied with prior to the zssuance of grading or building permit.- AG. All conditions of Resolution No. 2014-04 adopted by the Planning Cornmission on February 18, 2014, Resolution No. 2014-13 adopted by the Planning Commission on June 17, 2014 and of Resolution No. 1169, adopted by the City Couricil on February 23,2015, unless amended by this resolution, shall be in full force and effect PASSED, APPROVED AND ADOPTED THIS 17th D OF BE 2017 D CHELF,CHAIR ATTEST: .�- � �� TTE HA , INTERIM CITY CLERK Any action challenging the final decision of the City made as a result of the public hearing on this application mus� be filed within the time lunits set fox�h in Section 17.�4.070 of th� Rolling Hills Municipal Code and Code of Civil Procedure Section 1094.b 10 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) �§ C'�TY OF R�LLING HILLS ) I certify that the foregoix�g Resolution No. 2017-18 entitled: A RESQLUTION OF THE PLAI��NING COMMISS�ON �F THE CITY OF ROLLING HILLS IN ZONING CASE NO. 923, APPROVING A REQUEST FOR A SZTE PLAN REVIEW FOR GRADING AND VARIANCE TO RETAIN A PORTION OF IMPORTED DIRT �OR THE GRADING AND TO EXPORT THE REMAINING PORT�ON OF THE DIRT, TO CONSTRUCT GREATER THAN 2:1 SLOPE AND TO MODIFY A PREVIOUSLY APPROVED PROJECT, (ZC NO. 843), AT 38 PORTUGUESE BEND ROAD (LOT 11$-RH), (WHEELEA). was approved and adopted af a regular meeting of the Plann�ng Commission on October 17,2017 by the following roll call vote: AYES: Commissioners Cardenas,Cooley, Seaburn and Chair Chelf. N4�S: None. ABSENT: Commissioner Kirkpatrzck. ABSTAIN: None. and in compliance with the laws of California was posted af the following: Administrative Offices. �,.�r �� TTE HALL, IN'�'ERIM C�TY CLERK 11