2018-02.pdf RESOLUTION NO. 2015-02
A RESOLUTION OF THE PLANNING COMMISSION OF Ti� CITY OF
ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW AND
VARIANCE TO LEGALIZE AND RETAIN PREVIOUSLY GRADED PATH AT
THE REAR OF THE PROPERTY AND TO EXCEED THE MAXIMUM
PERMITTED DISTURBANCE OF THE LOT IN ZONING CASE NO. 935, 1
MIDDLERIDGE LANE NORTH (LOT 15, 16, 17-MR}, ROLLING HILLS, CA.
(CIPOLLA}.
THE PLANNING C�MMISSION OF THE CITY OF RQLLING HILLS DOES HEREBY
FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was duly f 1ed by Mr. and Mrs. Chaz Cipolla witl� respect to real
properiy located at 1 Middleridge Lane North, {Part of Lots 15, 1 b, 17-MR}, Rolling Hills, CA
requesting a Site Plan Review and Variance to legalize and retain previously graaed path at the
reax of the properly and to exceed the maximum pernutted disturbance of the lot, The area of
grading consists of 15,25Q square feet, which xequired 3,500 cubic yards of grading and which
caused exceedance in the maximum permitted disturbance of the net lot of 49.7%.
Section 2. Following severai submittals for various �evelopments, which would incorporate the
request to retain the path, the applicants abandoned those requests, and therefore the application
ta retain the graded path became a project on its own.
Section 3. The Planning Commission conducted dul�notaced public hearings to considex the
a�plication on January 16, 2018 and in the field on Janua�y 16, 2018. The applicants were
notified o�the public hearings in writing by first class mail. Evidence was heard and presented
from a11 persons interested in affecting said proposal and from members of tl�e City staff and
Planning Commission having reviewed, analyzed, and studied said proposal. The property owner
and his representa.tive were in attendance at the puhlic hearings.
Section 4. The property is zoned RAS-1 and the gross lot area is 4.19 acres. The net lot area,
as calculated by the City, is 2.82 acres or 122,943 squa�re feet. The property is irregular in shape
and has a very long street frontage (over G00 lineal feet) and the lot has a significant drop in
elevafion of 95 feet stra.ight back from the house to the rear lot line. There is very little flat area
on the property and it is most�y developed with the residence and drivewa�. The property is
currently developed with a 2,900 squar� foot single-fa.mily residence and 468 square foot
attached garage, and misceFlaneous accessory structures. In April 2017, the ap}�licants were
granted approval for a house and garage addition, new basement and widening of the driveway
approach.
Section 5. The praject has been deternvned to be categorically exempt pursuant to �he
California Environmenta.I Quality Act(CEQA) as a Class 3 exemption.
Section 6. Section 17.46.020(3) requires a de�elopment plan to be submitted for Site Plan
Review for grading. With �espect to the Site Plan Review application requesting approval of
grading to create the path, the Planning Commission makes the follawing fmdings of fact;
Reso.2028-02 1
A. The praposed development is cornpatible with the Genera.l Plan, the Zoning
Ordinance and surrounding uses because the gradi�.g does not create additional structures and is
located in an area below Middleridge Lane and will be screened from the road by the drop in
elevation and landscapi�g which minimizes the visual impact of the path.
B. The development plan substantially preserves the natural and
undeveloped state of the lot becans� the graded path does not add to structural coverage
and it will be left undeveloped so as to maintain open space on the property. The
nature, condition, and developrnent of adjacent uses, buildings, a.nd structures ar�d
the topography of the lot have been considered and the path does not adversely affect or
is materially detrimental to the adjacent uses, buildings, or structures. The previousXy
graded path was graded to allow the property owner access to the rear af the steep
property, so�haf dea.d trees and vegetation could be remwed and access retained to the
rear area of the lot.The grading was minimal,less that 3 foot cut and/or f 11 and although
located near two intermittent streains, it has been determined that the neither a�' the
streams are classified as water bodies that fa11 under the jurisdicti.cn of the 1lriny
Corps of Engineers at the federal level or Department of Fi�i and Wildlife at the state
level. This determinationwas made by sa.id agencies.
C. The proposed development, as conditioned, is harmonious in scale and
mass with the site, the natural terrain and surrolanding residences as it will remain
open space and the slopes below and above it will be landscaped and protected from
erosion.
D. The development plan generally follows natural contours of the site to
the maximum e�tent practicable to accomplish groom�d and usable areas of the lot,
subject to concurrer�t approval of Variance pursuant to Sectiai 7 of this resolution.
Natural dra.inage courses will not be affected by the project.
E. The proposed developrnent is sensitive and not detrimental to the
convenienc� and safety of circulation for pe�iesi7-ians and vehicles b�cause the gracied
path does not affect the cur�rently approved access to the main uses on the properiy.
F. The project conforms to the requirements of the California Environmental
Quality Act and is exempt.
Section7. Sections �7.38.010 through 17.38.050 of �he Rolling Hills Municipal
Code permit approval of a Variance from the standards and requirements of the
Zoning Ckdinance when e�ceptional or extraordinary circutr�stances applicable to the
property and not applicable to other sunilar properties prevent the owner from making
use of a parcel or property to the same extent enjoyed by similar properties in the
same vicinity. Section 17.1b.070B stipulates that the maximum permitted disturbance
of the Iot sha11 not exceed 40% of the net lot area of the �ot. With the unpermitted
grading for the path along the rear of the lot, the applicant requests a variance for lot
disturbance to 49.7%. With respect to this request for Variance, the Planning Commission
finds as follows:
x�so.2ols-az z
A. There are exceptional ci�rcumstances and conditions because the vast
distance of the xear and side property lines frorn the residence and due to the steepness
af the rear lot, the applicant graded and created the path to be able to remove dead trees
and vegetation from the rear and sides ofthe property and provide access for future
m a in t e n an c e. The entire City has b�en designated as being located in fhe Very High
Fire Hazard Severity Zone (VI�'HSZ) and the removal of dead trees and vegetation is a
requirement of a City Ordinance.
In addition the long frontage of the lot along the roadway easement, of over 500 feet,
causes the size of the net lot area to be diminished due to the deductions taken for the
net lot area.
B. The Variance is necessary for the preservation 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 question. �trict application of the Zoning
Ordinance wauld deprive the property owner of the rights and benefits enjoyed by
similarly situated properties in the same zone, including the ability to maintain the
slopes and provide access to the lower portion of �he 1ot for both, planting and
rnaintenance of the property and is in furtherance of City's desire to remove dead trees
and vegetation from properties.
C. The granting af the Vagiance would nat be materially detrirnental to the
public welfare or in�urious to the properties or improvements in such vicinity and zone in
which the property is located because the dasturbed area for the path is in the rear of the
lot and adjacent area is screened from neighbors. Additional landscaping will assure greater
vegetated buffer between neighboring properties.
D. In granting of the Vaxiance the spirit and intart of the Zoning Ordinaxice
will be observed in that the as graded pafh will not affect the rural character of the
community and a s�table 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 while the total disturbed maximum is excEeded by a minor amount,�wascaused
because the owner wished to camply with a portion af the Municipal Code which requires
the removal of dead trees a�d vegetation. The project retains open space.
Section 8. Based upon the foregoing fmdings in Sections 6 and 7, �he Planning Commission
hereby approves the Site Plan Review and a Variance in Zoning Case No. 935 to exceed the
m�imum permitted disturbance of the lot of49.7%and to retain the previous ly a�iad 15,250
�E f�path that required grading of 3,500 cubic yards of dirt subject to the following
conditions:
A. The Site P1an and Variance approvals sha11 run with the land and the path may
remain; tliis approval shal� be null and void if the conditions of approval specified below are not
met within the times specified below, or the approval granted is otherwise e�ended pursuant fio
the requirements o£ Sections 17.46A80 and 17.38.070(A) of the Rolling Hills Municipal
Code.
Reso.2018-02 3
B. If any condition of this resolution is violated, the entitlement granted by tYus
resolution shall 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 immediately cease, other than work determined by the City Manager or his/lier designee
required to cure the violation. The suspension and stop work or�er will be lifted once the
Applicant cures the violation to the satisfaction of the City Manager or hislher designee. In the
event that ttie Applicant disputes the City Manager or his/her designee's determination that a
violation e�ists ar disputes how the violatiom m�st be cured, the Applicant may request a hearing
before the City Council. The hearing shall be scheduled at the next regular meeting o£the City
Cauncil 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
heari.ng. The City Council shall make a determination as ta whether a violation of this
Resolut�an has occurred. If the Cou�cil detertnines that a violation has not occurred ar has been
cured by the time of the hearing, the Counci� w�ili lift the suspension and the stop work order. If
the Council detezmines that a violatzon has occurred and has not yet been cured, the Council
shall provide the Applicant with a deadline to cure the violation; no constructian work sha11 be
performed on the property until and unless the violation is cured by the deaclline, other than work
designated by the Council ta accomplish the cure. I�the violation is not cured by the deadline,
the Council ma,y either extend the deadline at the Applicant's request or schedule a hearing for
the revocation of the entitlements granted by this Resolution pursuant to Cha.pter
17.58 of the Rolling Hills Munici.pal Code (RHMC).
C. All xequirements of the Building and Constntction Ordinance, the Zoning
Ordinance, and of the zone in which the s�xbject property is Xocafed must be complied with
unless otherwise set forth in the resolution, or�own otherwise on an approved plan.
D. The lot shall be develaped and maintain�d in substantial conformance with
the site plan on file for the path dated January 10, 2018 and the landscaping plan dated
Januaty 29, 2018 except as otherwise provided in these conditions.
E. The agplic�t shall obtain a grading pernut for the gra.dir�g of the path. The
working drawings submitted to the Departnient of Building and Safety for review must
conform to the development plan approved with this application. A copy af the conditions
ofthis Resolution shall be printed on plans submxtted to the Building Department.
A final inspection by the Building �nspector must be granted for the "as graded"
path. Any modifications and/or changes to the approved project, including resulting from
field condit�ons, shall be discussed and approved by staff prior to impxementing the
changes. Such review will require a public hearing before the Planning Commiss�on if the
modifications represent a major modification of the project.
F. A drainage plan, if required by the Building Departnient shall be
prepared and approved by the grading and dr�inage engineer. In addition, an erosion
control plan is required and which has been prepaxed ar�d appraved by the LA County
grading and drainage engineer. The implementation of the erosion control plan
shall commence by February 20, 2018.
G. A licensed professional preparing the "as graded" plans for this project for
Building Department review shall execute a Certificate affirming that the plans conform
Reso.201&02 4
in all respects to this Kesoiution approving this project and includ.ing conformance with all
af the conditions set�orth therein and the City's Building Code and Zoning Ordinance.
Further, the person obtaining a grading permit far this project shall execute a Certifcate
of Construction stating that the project has been constructed according to this Resolution
and any plans approved therewith.
H. Crrading for the path aitailed 3,500 cubic yards cut and fill total. No
further grading or enlargement of the path shall be pennitted.
Z. The disturbed area of the lot sha11 not exceed 61,Q75 square feet or 49.7%
including 12.4% disturbance for the unpermitted path, which includes the previously
approved additions to the residence.
J. A set-aside area for a fufure stable and corral of �,000 square feet sha11 be
retained on the property at all times, unless an application is filed for a CUP for stable
construction,and said stable/coz�ral are constructed.
K. The landscaping plan, da.ted January 29, 201 S, as approv'ed with this appiication
shall be implemented and planting completed within 6-months of this approval.
L. The applicant sha11 submit a lanascaping performance bond or other financial
obligation, to be kept on deposit by the City, in fhe amount of the planting plus irrigation pZus
15%. The bond shall be released no sooner than two years after completion of all plantings,
subject to a City staff determina.tion tha� the planting required for the project is in substantial
conformance with the approved plan and is in good condition.
M. AZl anunals on the lot shall be kep# in the corrals and in sufficient distance to
adjacent residences as required by the RH Municipal Code.
I�T. I��ring planting, confarmancc with the air qua.lity management ciistrict
r�quirements, storm water pollu�ion pr�vention practices, county and lacal ordinances and
engineering practices so that people ar property are not exposed to undue vehicle trips,
noise,dust, and objectionable odors shall be required,
O. The property owners shall be required to conform with the Regional
Water Quality Contral Board and County Public Worl�s Departmen� Best Manag�ment
Practices (B:MP's) requirements related to solid waste, drainage and storm water
management.
P. Perimeter easements, including roadway easements and trails, if any,
shall remain free and clear of any improvements including, but not be limited to
fences-including construction fences, any hardscape, driveways, landscaping, irrigafion
and drainage devices, except as otherwise approved by the Rolling Hills CommU.nity
Assaciation.
Q. Dwring planting, to the maximum extent fea�ible, all parking shall take place on
the project site and, if necessary, any overflow parking may take place within �he
Reso.2018-02 5
unimpraved roadway easements along adjacent streets, and shall not obstruct nefghboring
driveways, vis�ility at intersections or pedestrian and eque,strian passage and a minimum
of 4' wide path, from the edge of the roadway pavement, far pedestrian and equesixian
passage shall be available and be clear of vehic�es, construction materials and equipment.
To a ma�cunum extent feasible, employees of the contractor sha11 car�ool znto the City.
R During planting, the property owners shall be required to scheduXe and
regulate construction and related traffic noise throughout the da.y between the hours
of 7 AM and 6 PM, Monday through Saturday only, wh� construction and
mechanical equipment noise is permitted, so as not to interfere with the quiet
residential environment ofthe City of Rolling Hills.
S. The con�ractor shall not use tools that could produce a spark, including
for clear�ng and grubbing, during red flag warning conditions. Weather oonditions can be
faund at: http://www.wrh.noaa.gov/lo�main.php?suite::o:safety&page::o:hazard definitions
#F1RE. It is the sole responsibility of the properiy owner and/or his/her contractor to
monitor the red flag warning conditions. Should a red flag warning be declared and if
work is to be canducted on the property, the contractor shall have readi�y avai�able fire
distinguisher.
T. Until the appl�cants execute an Affidavit of Acceptance o� all conditions of
this approval, the approvals sha11 not be effective. Such �davit shall be recorded
together with the resohttian.
PASSED, APPROVED�lND ADOPTED THIS 2Q�H DAY OF FEBRUARY, 201$.
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BR�4U �LF, RMAN
ATTEST: r�
TTE HALL,CITY CLERK
Any actian challenging the final decision of the City made as a result of the public
hearing on this application must be filed within the time limits set forth in section
17.54.070 of th� Rolling Hills Munxcipal Code and Code of Civil Procedure Section
109�.6
Reso.201&02 6
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS
I certify that the foregoing Resolutio�a No.2018-02 entitled:
A RESQLUTION OF THE PLANNING COMMISSION QF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW AND
VARIANCE TO LEGALIZE AND RETAIN PREVIOUSLY GRADED PATH AT
THE REAR �F TI� PROPERTY AND TO EXCEED TI�
PERMITTED DISTURBANCE OF T'HE LOT IN ZONING CASE NO. 935, 1
MIDDLERIDGE LANE NORTH (LOT 15, 15, 17-MR), ROLLING HIL�.S, CA.
(CTPOLLA).
Was approved and adopted at a xegular meeting of the Planning Conzmissian an February
20, 201 S by the following roll call vote:
AYES: Commissianers Cooley, Seaburn, and Chair Chelf.
NOES: None.
AB�NT: Commissioner Kirkpatrick.
ABSTAIN: Commissioner Cardenas(recused).
and in campliance with the laws of California was posted at the follawing: Adzninistrative
�ffices.
TTE HAL
CITY CLERK
Reso.2018�02 7