2017-21 RESOLUTION NO.2017-21
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS DENYING A REQUEST FOR MODIFICATIONS
OF THE HEIGHT AND ROOF TYPE OF A PREVIOUSLY APPROVED
ADDITION TO AND MAJOR REMODEL OF A SINGLE-FAMILY
RESTDENCE AT 24 CINCHRING ROAD (LOT 1$-3-CH), IN
ZONING CA�E NO. 932, {NAKAMURA).
TI� PLANNING COMNIIS5ION OF THE CITY OF ROLLING HILLS
DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was duly filed by Mr, and Mrs. Takahashi
Nakamura (collectively referred to as "Applicants") with respect�o real property
located at 24 Cinchxing Road, {Lot �S-3-CH), Rolling I�ills, requesting
modificafions to a previously appraved additian and ma�or remodel to a single-
family residence in order to alter the roof type thereon and to deviate fron� the
approved ridge height elevation af the residence by two feet. (Hereinafter
collectively referred to as "Modifications."} The construction o£ the
addition/remodel of the single-£amily residence is substantially completed and
the current ridge height elevation is 3-feet above the previously approved height.
The Applicants now propose to lower the ridge height elevation by one foot and
to replace the previously proposed hip roof with a Dutch gable roof. Because the
development standards meet the Ci�s requirements, no variances are required
�elative to the Applicants' request.
Section 2. The proposed Modifications are tlie result of the Applicants'
atfempts to compiy with a pending code enforcexnent case. In the summer of
2015, �.�ring construction of the additio� and major rem.odel, the City began to
receive inquiries from residents regarding the excessive height of the residence.
By the fall of 2015, officials with the City and the Los Angeles County Building
Deparhnent inspected the praperty and deemed the height af the residence {at
920.25 ft.) to be noncampliant with the previously approved plans {which
reflected a ridge height elevation of 917.25 ft.). In order to bring the structure
into compliance, the Applicants would either have ta Iowe:r the roofline to 9�7.25
ft. or apply to the Planning Commission£ox a modification to allow the hezght of
the structure to remain at 92Q.25 ft. On September 1, 2017, the Applicants filed
for a Site Plan Review for modifications to Iower the roofline to 919.25 ft. {fwa
feet higher than approved); although the single-family residence addition has
been substantially comple�ed and was constructed to a height which is three feet
higher than was approved. The modification request also cal�s for changing out
the roof type,which generally is associated with greater massing of structures.
Resolution 2017-21,24 Cinchring 1
Section 3. The Planning Commission's conszderation of the application
€or the proposed Modifications was conducted at several duly noticed public
hearings; on September 19, 2017, and October 17, 2017. T'he Commission also
conducted a no�iced public field trip visit to the site on October 17, 2017. The
Applicants were notified of the public hearings in wri#ing. Evidence was heard
and presented from all persons interested in affec�ing said proposal and from
members of the Ci.ty staff and the Planning Cornmission having reviewed,
analyzed and studied said proposal. The Applicants and their representative
were in attendance at the hearings.
Section 4. The Planri.ing Commission finds that the project quali£ies as
a Class 3 Exemption [State CEQA Guidelines, Sec�ion 15303] and is therefore
categorically exempt from environmental review und�r the California
Environmental Quality Act.
Section 5. Sections 17.46.020, 17.46.040 and 17.46.070 provide that the
City Manager or designee may, without site plan review, approve certain
modifications as an administ-rative item and shall not require public hearing ar
notice. The proposed Modifications would normally not require a Site P�an
Review; however, due ta the restriction placed in Resolution No. 20Q9-06 on any
future development or modifica�ions to approved project on the subject
property, a Site Plan Review is required. Condition AN of Resolution No. 2009-
06 states:
"Notwifhstandi.ng Sections 17.46.020 and 17.46.07Q of the Rolling
Hills Municipal Code, any rnad'x�ication to this pro�ect or the
p�operfiy, which would constitute additional structural developxr�ent,
grading or addi�ional excavation of dirt and any modification
incltading, l�ut �n� �im�#ecl to retaining walls, drainage devices, pad
elevation, pool construction and any other deviation from fhe
approved plana, shall require the �iling of a new application for
approval by the Planning Commission." (Emphasis added.)
Section 6. With regard to the Site Plan Review application the Planning
Commission makes the following findings of fact:
A. The proposed Modifications neither comply nor are consistent vvzth the
goals and policies of the general plan. The proposed Modifications do
not conform with the Cit-�s goal of low-profile, ranch style homes
because the proposed ridge height elevation and roof type would add
massing to �he previously approved addi�ion; would add bulk to the
already app�oved single�family residence; and do not preserve
viewscapes from adjacent residences.
Resolution 2017-21,24 Cinchring 2
B. The px�oposed Modifica�ions are not harmanious in scale and mass
with the site and the natu.ral terrain. The proposed Modifications do
not conform with the City's goal of low-profile, ranch style homes
because the proposed ridge height elevation and roof type would add
massing to the previously approved addition; would add bulk to the
already approved single-family residence; and do not preserve
viewscapes from adJacent residences.
Section 7. Based upon the foregoing findings, the Planning Cor�unission
hereby denies the application in Zoning Case No. 923 for height and roof
modification of a previously approved project, as shown on an approved
development plan stamp dated at the LA County Building and Safefy
Department on May 8, 2014.
Section 8. The Applicant's unpermitted construction of higher than
approved structure constitutes a Building Cade viola�ion. Sta.ff i.s directed to
require the Applicants to bring the height of the residence into compliance with
�he plan which was previously approved. Therefore, the Applicants shall
undertake the following actions:
A. Within three montlls of this Resolution, {unless the project is appealed
or the City Council takes the project under jurisdiction) the Applicants
shall renew aII construction permits through the LA County Building
and Safety Deparhnent for fhis project and commence demolition of
the illegal construction.
B. Within five months of this Resolution the Applicants shall commence
the construction of the pxoject in compliance with �he approved plans
and commence g�ading activity for the previously approved detached
garage/recreation room and access thereto per the specifications
ou�lined in Resolution No. 2009-Ob.
C. Within seven months o# this Resolution the Applicants shall obtain a
building permit for the construction of the previously approved
detached garage/xecrea�ion room and access thereto per the
specification outlined in Resolution No. 2009-06.
D. Within twelve mor�ths of this Resolution the project, including the
garage/recreation room structures shall be substantiaily completed per
fihe specificatio:ns ou�lined in Resolution No. 2009-06, including the
driveway to the garage. At that fime the consfruction fence shall be
removed from the premises together with any unnecessary and
unused construction materials, green waste or other debris.
Reso2utiott 2Q17-21,24 CincIiri[tg 3
E. W�thin fifteen months of this Resolution the project shall be totally
completed, including the garage/recreation raom sts-ucture. Prior to
receiving a final inspection or a certxficate of occupancy from the Los
Angeles County Building and Safety Department both structures,
(residence and fihe mixed use) and the driveways sha11 be completed
and fixlly functional.
F. Prior to obtaining final inspection or a certificafe of occupancy,
certification of the ridge height of the residence, prepared by a licensed
civil or structural engineer, shall be submitted to City staff and the LA
County Building and Safety Department to ascertain fhat the
completed project is in compliance with the approved p1ans.
G. A11 conditi.ons of Resolution No. 2009-Q6 approved for the
garage/recreation room strucfure shall be complied with and be
implemented prior to fhe Applicants being grarited a final inspection
or a certificate of occupancy£or the project.
H. The hi.ghest ridgeline of the house shall be not higher than the 917.2�'
elevation, as shown on the approved plans. This specified height of the
ridgeline includes the finished roof, not the sheeting of the roof.
Prior to placing the finished material on the roof, the ridgeline shall be
cerfified by a certified civil or structural engineer; i� add'ztion,
following the completion of the roof the final roof ridgeline shall be
certified.
I. A one-year time extension from the effective date of this Aesolution
may be granted by the Pla.nning Commission to complete the project
provided the applicant� filc an application with City staf€ on o� beiore
the date of expiration of the required act�ons and 'zf the Planning
Comxnission finds that that the expiration would constitute an undue
hardship upon the property owner and that the continuation would
not be materially detrimental to the health, safety and general welfare
of the public.
Section 9. The Pianning Commission further finds that �he correction.�
specified in Section 8 of this Resolution are of great importance and are necessary
to promote the health and safety of the residents of Rolling Hills, and therefore,
the Plaruiing Commission resolve that said correctians shall be made withisi the
time frame specified in Section 8 above.
Section 10. The City or the Building Department staff may require that a
constrvction fence be erected for the duration o£ the construction o£ thi.s project.
Such fence shall not be Iocated in any easement or cross over trails or natural
Resolution 2017-21,24 Cinchring 4
drainage course and shall be removed imr�iediately upon substantial comple�ion
of the praject, or as required by staff.
Secfion 1�. Prior to recammencing the work,the applicants shall execute
and record an Affidavit of Acceptance of all conditions of this Resolu�ion in the
County Recorders Office.
PASSED, APPROVED AND ADOPTED THIS 19th DAY OF DECEMB 2017.
� a'� /r� fF�
� f ��
�y.�
:�
D LF,CHATR� AN
/
ATTEST:
TTE HALL
INTERIM CITY CLERK
Any action challenging the final decision of fihe City made as a result of the
public hearing on this app�.ication must be filed wifhin the time limits set forth in
Section 17.54.07Q of the Rolling Hi11s Municipal Code and Code of Civil
Procedure Secti.on 1094.6.
Resolution 2017-21,24 Cinchring 5
STATE OF CALIFORNIA )
COUNTY OF L4S ANGELES ) §�
CTTY OF R4LLING HILLS)
I certify that the foregoing Resolution No. 2Q17-21 entitled:
A RESOLUTIOIV O� THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS DENYING A REQUEST FOR MODIFICATIONS
OF THE HEIGHT AND ROO� TYPE 4F A PREVZOUSLY APPROVED
ADDITiON T4 AND MAJ4R REM4DEL OP A SZNGLE-FAMILY
RESIDENCE AT 24 CINCHRING ROAD (LOT 18-3-CH}, IN
ZONING CASE NO. 932, (NAKAMURA).
was approved and adopted at a regular meeting of the Planning Comrnission on
December 19, 2017 by�he following roll call vote:
AYES: Commissioners Cardenas,Cooley, Kirkpatrick,Seaburn and Chair Chelf.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of Caiifornia was posted at the following:
Adn�ulisirative Offices.
� `� � .
— �. - - -
YVETTE HALL, INTERIM CITY CLERK
ResoIution 2017-21,24 Cinchring 6