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2018-03.pdf RESOLUTION N�. 2018-03 A RESOLUTI�N OF THE PLANN�NG COMMISSION OF TI� CITY OF ROLLING HILLS GRANTING APPROVAL FOR VARIANCES TO CONSTRUCT A NEW RETAINFNG WALL WITH A MAXIMUM HEIGHT OF UP TO 4 1/2 FEET LOCATED WITHIN A SETBACK AREA, AND ALLOW AN AS-BUILT PORTION OF A RIDING ARENA WITH A MAXIMUM 10 FO�T ENCROACHMENT LOCATED IN THE FRONT YARD SETBACK IN ZONING CASE NO. 937. THE SUBJECT PIZOPERTY IS 11 SADDLESACK R�AD (L�T 48- 1-RH 48-2-RH) ROLLING HILLS, CA {WARREN). THE PLANNING COTVIlVIISSION DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application was duly £�iled by Candice Warren, ta request Variances to construct a pox�i.on of a rei�aining wall on the southeasterly side of the dressage arena to be Iocated in the side and front setback, and permit encroachment of an as-built dressage arena. The sou�lieasterly wall is 4 s/s feet in height at its highest point tapering off to 2 �/z feet on one side and approximately 18 inches on the other side. The average wall height is less than 2 1/z feet high. The as-built dressage arena encroaches a maximum of 10 feet into the front yard setback. T'he origi.nal approved plan allawed for the arena to be partia�iy lacated in the front yard area outside of the required setback. Section 2. The P1axuZing Comrnission conducted duly noticed public hearings to �onsi�er the ��plicatidr� beginning at �heir field visi� �n February 2D, 2(�1�. The k�ea�ing was continued to the evening Planning Commission meeting held on that sarne date. After review and discussion af additional Iandscaping for the project, the Planning Commission directed staff to prepare a Resolution of approval. Section 3. The property i.s zoned RAS-1 and the lot area (after the 1ot line adjustrnent) is 3.25 acres. For development purposes the net lot area of the Iot is 9$,35$ square feet,2.26 acres. The existing residence is a 3,069 square foot house with a 475 square foot attached garage and 1,163 square foot detached garage. Previously Approved Project In 2016, the City Council ratified the Planning Commission s approval in Zoning Case No. $9b. The previously approved project included a Lot Line Adjustment {LLA) to merge two lots, containing 1.8 acres and 1.4 acres gY'055, into one �ot which would result in a lot having 3.2 acres gross and 2.258 acres net, as calculated by the City for development purposes. 'The Iot iine adjustment has been completed. In conjunction with the Iot merger, the applicant received approval, per Resolution No. 20�6-Q8, of a Conditional Use Permit to construct a 13,86Q square foot dressage arena, to convert the existing garage, partially loeated in the front yard setback to a 2,415 square foot stable and add a 625 square foot loft and 1,b85 square foot corral; Site Plan Review for Reso.2018-03 1 11 Saddleback Road a 4,745 square foot residence plus b�9 square foot garage, and other accessary structures, 10,620 cubic yards o£ grading plus 13,000 c.y. of overexcavation and recompaction; and Variances to locate the equestrian facilities in the front yard area of the Iot and to exceed the rnaximum disturbed area of 40% by up to 83%. In 2017, the app�icanf submitted a revised version af Zoning Case No. 896 which included changes to the grading o£ the dressage arena, alterations to the residence remodel, a new st�able structure adjacent to the dressage arena, and the el�m;nation of various pathways on the property thereby rEducing the project from the approved 83% Iot disturbance to 42% lot dxsturbance. Zoni.ng Case No. 937 allows for #he completion of the dressage arena with a change in location of a retaining wall to a less visible Iocation and an orientation of the dressage arena closer to the roadway easement to the east. Sec�ian 4. The Planning Commission finds tha� the project is categorically exempt pursuant to Section 15303, Class 3 of the California Environmental Quality Act{CEQA). Section 5. Sections 17.38A1Q through 17.38.050 of the Code permit approval of a varzance from the standards and requirements of the Zoning �rdinance when, due to exceptional or extraordinary circumstances applicable to the property and not applicable to other similar properties in the same zone, strict application of the Code would deny the property owner substantial propex�y rights enjoyed by other properties in the same vicinity and zone. The applicant seeks a variance from the requirernenf from 17.16.110. that maintains every lot shall have a 50 foot front setback. With respect to this xequest for a Variance, the Planning Commission finds as follows: A. There are exceptional and extraordinary circumstances and conditions applicable to the property or to the intended use that do no� apply generally to the othe�r property or class of use in the same zone because the subject property has roadway easement frontage on three sides of the property increasing the area af setback. B. The Variance is necessary far flie preservation and enjoyment of a substan�ial property right possessed by other property in the same vicinity and zone, but which is denied to the property in question because many properties in the immediate vicinity have equestrian uses Iocated in front of the existing residences. Further, once the property is landscaped, �he as-built encroachment into the setback will not be visible from the roadway easement. The newly proposed 4 1/z foot wall is in a better Iocation than the previously approved retaining wall and will not be visible from the roadway easemer�t. C. The granting of the Variance would not be materially detrimental to the public welfare or in�urious to the prope�rty or improvements in such vicinity and zone in which the property is located because it would reduce the area on the property used for equestrian purposes. The dressage arena is compatible with the desired rura� aesfihetic of Reso.2018�03 2 12 Saddleback Road Rolling Hills and therefore would not affect property values. The arena will remain as apen space. D. The variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating �o siting and sifing c1-iteria for hazardous waste facilities. E. The variance request is consistent with the General Plan. The proposed project, together with the variances, will be compatible with the objectives, policies, general land uses and programs specified in the General Plan and will uphold the City`s goa�s to protect and promote constructian that is rural in nature. Section�. Based upon the foregoing findings, the Planning Commission hereby approves Zoning Case No. 937. Va�rzances to construct a portion of a retaining wall on the southeasterly side of the dressage arena is proposed to be located in the side and front setback and permit enc�roachment of an asTbui�t dressage arena. The southeasterly wall is 4 1/2 feet at its highest point tapering off to 2 ?�z feet on one side and approximately 18 inches on the other side. The average wall height is Iess than 21/z feet high. The as-built dressage arena encroaches a maximum of 10 feet into the front yard setback. The proposed Variances would be subject to the fallowing conditions: A. The Variance approvals shall expire within two years from the effective date of approva� as defined in Sections 17.46.080, 17.42.070 and 17.38.070, unless otherwise extended pu�rsuant to the requirements of this sec�ion. B. If any condition of this resolution is violated, the entitlement granted by this resolution shall be suspended and the privileges granted hereunder shall iapse and upon receipf af written notice from the City, all construction work being perfo:rmed on the subject property �hall imt�tediately cea�e, other than work determin�d by the Cii.y Managex o� his/her designee required.to cure the violation. The suspension and stop work order will be lifted once �he 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 scheduled at the next regular mee�ing 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 d�ring the pendency of the hearing. T'he City Council shall. make a deterrnination as to whether a violation of this Resolution has occurred. If the Council determines that a vialation has not occurred or has been cured by the time of the hearing, the Council. will Iift the suspension and the stop work ordex. If the Council determines that a violation has occurred 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 or� the property other than. work designated by the City Council to accornpli.sh the cure, unless and until the vioiation is cured by the deadline, as determined by the City Mange�r or his/her designee. If the violation is not Reso.2018-03 3 I1 Sadclleback Road cured by the deadline, the Council may either extend the deadline at �he Applicant`s request or schedule a hearing for the revocation o£ the entitlements granted by this Resolution pursuant to Chapter 17.58 0£the Rolling Hills Municipal Code {RHMC). C. All requirexnents of the Building and Construction Ordinance, the Zoning ordinance, and of the zone in rnrhich the subject properfy is Iocated must be complied with unless otherwise set£orth in this permit, or shown otherwzse on an approved plan. D. The lot sha11 be developed and maintai.ned in substantial con£ormance with the site plan on file dated February 14, 2018, except as otherwise provided in these conditions. The working drawings submitted to the Deparhnent of Building and Safety for plan check review shall confox7n to the approved development plan. All conditions of the Variance approvals shall be incorporated into the bu�lding perm.it working drawings, and where applicable complied with prior to issuance of a g�rading or building pexmit from the building depart�nent. The conditions of approval of this Resolution shall be printed onto building plans submitted to the Building Department for review arid shali be kept on site at all tunes. Any modifications and/or changes to the approved project, including resulting fram fie�d conditions, shall be discussed and approved by staff prior to implemenfing the changes. A modification may require a public hearing be�ore the Planning Cornmission if the modificatzon represents a major modificatzon to the project. F. 'The I'larts sha11 be submitted tQ the LA. Coua�ty �ui�ding a�d �afety Departinent for review, issuance of permits and inspections. P�rior to submittai of final working drawings to Building and Safety Dep�rtinent£or issuance of building permits, the plans for the project shall be subxnitted to City staff for verification that the final plans are iri compliance with the plans approved by the Plaruzing Commission. F. A Iicer�ed professional preparing construction plans for this projecf for Building Department review shall execute a Certificate affirming that the plans conform in all respects to this Resolution appraving this project and all of the condxtions set forth therein and the City's Building Code and Zoning Ordinance. �urther, the person obtairv.ng a building and/or grading permit for this project shall execute a Certificate of Construction affirming thaf the project wi11 be constructed according to this Resolution and any plans approved therewith. G. Sfrucfi�xral lot coverage of the �ot shall remain unchanged given that the newly approved wall is being constructed in place of the previously approved retaining wall per Resolution No. 2017-05. H. The disturbed area of the 1ot shall rexnain unchanged as previously approved per Resolu�ion Na. 2017-05. Reso.2018-03 4 11 Saddleback Road I. The residential building pad size shall remain unchanged as previously approved per Resolution No. 2017-05. J. The encroachment of the dressage arena shall be a maximum of 10 feet into �he front setback area. K The proposed Iandscaping p1an shall be enhanced to include additional vegetation and txees, pepper or other Iike species, near the sauth and western portion of the dressage arena to the satisfaction of City sfaff; with a mxnimum o#24-inch box trees on the top row and a rninimum of 15-gallon trees on the lower rows surrounding the south side of the arena. The entire project shall be approved by the Rolling Hills Coxnmunity Association. The project shall be continually maintained in substantial conformance with the iandscaping plan. Prior to issuance of�a final construction or grading approval of the project, a11 graded slopes shall be landscaped. Also, prior to i�suance of building peirni.t, a detailed landscaping plan sha11 be submitted to t�he City in conformance with Fire Deparhnent Fuel Modification requirements and requirements for graded slopes. The detailed landscaping plan shall provide that any trees and shrubs used in the landscaping scheme for this project shall be planted in a way that screens the project development from adjacent streets and neighbors, such that shrubs and trees as they grow do not grow into a hedge or impede any neighbors significant views. The landscaping pian shall u#a.lize to t.k�e �.axi.rr�.t�m ext�nt feasible, pl�n#s that are na�ive t� the axea� axe water-wise and are consistent with the rural character of the community. The landscaping shall be subject to the requxrements of the Cit�s Water Ef£icient Landscape Ordinance, (Chapter 13.1� of the RHMC}. L. Direct access to the stable and to the corral shall be decomposed granite or like, 100% pervious roughened material. M. A minimum of five-foot walkable path and/or walkway sha11 be provided around the entire peruneter of all of the dressage arena, or as otherwise required by the Fx�re Department. N. At any time there are horses on the property, Best Management Practices (BMPs} sha11 be applied for manure control, including but not be Iimited to removal of the manure on a daily basis or provision of a receptacle with a tight closing 1id that is constructed of brick, stone, concrete, metal or wood lined wii�h metal ar other sound mate�rial. and that is safeguarded against access by flies. The contents of said rec�ptacles shall be removed ance a week. It is prohibited to dispose af manure or any animal waste into the Municipal Separate Storm Sewer System (MS4), into natural drainage course or spread on the propexty. Reso.2078-03 5 11 Saddleback Road O. The applicant shall comply with ail requirements af the Lighting O�rdinance of the Cify of Rolling Hi11s (RHMC 17.1b.190 E), pertaining to Iighting on said property and aIl other ordinances and Iaws of the City of Rolling Hills and the LA County Building Code. P. Hydrolagy, soils, geology and other repor�s, as required by the LA County Building and Public Works Departments, and as rnay be requixed by the Building Q#ficial, shall be prepared. Q. During construction, if required by the building official, protection of slopes shall be provided in a form of a jute n�esh or suitable geofabrics or other erosion control methods implemented. R. The setback lines and roadway easement lines in the vicinity of the construction for this project shall rernain staked throughout the construcHon. The silhouette (story poles} shall be taken down and removed from the property immediately upon completion of the review process of fhe project. The City or the Building Department staff may require that a construction fence be erected for the duration of the construction o� this project. Such fence shall not be located in any easement or cross over trails or nafiural drainage course and shall be r�moved unmediately upon substantial completion of the project, or as required by sta.ff. S� Perimeter easements, inc�uc�ing roadw�y easements and trai�s, if anyf shail remain free and clear of any improvements includin� but not be limited to fences- including construction fences, any hardscape, driveways, �andscaping, irrigation and drainage devices, except as otherwise approved by the Rolling Hills Community Association. In addition, any construction �acilify, such as a construction trailer/office or portable toilets, to a maximum extenf practicable, shall be located in a manner not visible from the street, and be in a location satisfactoxy to City staff. T. Minimum of 65% of any con.struction materials m�zst be recycled or diverted from landfills. The hauler of the materials shall obtain Cit�s Construction and Demolition permits for waste hauling prior to start of work and provide proper documentation to the City, U. During construction, conformance with the air quality management district requirements, storm water pollution prevention practices, county and 1oca1 ordinances and engineering practices shall be required, so that people or property are not expased to undue vehicle trips,noise, dust,and objectionable odox�s. Reso.2018-03 6 11 Sadclleback Road V. Construction vehicles or equipment, employees vehicles, delivery trucks shall not impede any traffic lanes to the xnaximum extend practical; and if necessary to block traffic in order to aid in the construction, no more than a single lane may be blocked for a short period of time and flagxnen utilized on bo�li sides of fhe irnpeded area to direct traffzc. W. During constructian, all parking shall take place on the project site, and, i£ necessary, any overflow parking may take place within the unimp:roved roadway easements and shall not obstruct neighboring driveways or pedestrian and equesirian passage. During cor�struction, to the rnaxunum extent feasible, employees of the contractor shall car-pool inta the City. A minirnurn of 4' wide path, from the edge of the roadway pavement, for pedestrian and equestrian passage shall be available and clear at aIl times wherever possible. X. Dur�ng construction, the property owners shall be requixed to schedule and regulate construction and related traffic noise throughout th.e day between the hours of 7 AM and b PM, Monday through Saturday only, when construction and mechanical equipment noise is permitted, so as not to interfere with the quiet residential environment of the City of Rolling Hills. Y. T`he contractor shall not use toals that could produce a spark, including for clearing and grubbing, during red flag warning conditions. Weather conditions can be found at: http://www.wrh.naaa.�o�/'lox/rn,�in.phc�?su.it�=_s_afe�&p�a�e=hazard_defin�tic�r�#FIRE. It is the sole responsibility of the properfy owner and/or his/her contracfor to monitor the red flag warning condi�ions. Should a red flag warning be declared and if work is to be conducted on the properfy, the contractor shall have readily available fire extinguisher. Z. The property owners shall be required to conform with the Regional Water C,�uality Control Board and Counfy Public Works Depariment Best Management Practices (BMI'`s) requirements related to solid waste, drainage, cistern construction and maintenance (if applicable}, septic tank constxuction and maintenance in con�ormance with the County Health Department, storm water drainage facilities management, and to the Cit�s Low Impacf develapment Ordinance {LID}. AA. Prior to finaling of the project an"as graded" and "as constructed" plans and certifications sha11 be provided to the Planning Department and the Building Department to ascerfain that the completed project is in compliance wi.th the approved plans. In addition, any modification made to the project during construction, shall be depzcted/listed on the"as built/as graded" p1an. AB. The applicant shall execute an Affidavit of Acceptance of all conditions of this permit pursuant to Zoning (Urdinance, or the approval shall not be effective. The affidavit shall be recorded together with the resolution. Reso.2018-03 7 215addleback Road AC. All other conditions of approval specified in Resolution No. 2017-05, in regards to the d�essage arena, shall be in full foxce and effect. PASSED, APPROVED AND ADOPTED THIS 20TH DAY OF MARCH,2018. D CH L , CHAI AN ATTEST: TTE HALL,CTTY CLERK ANY ACTION CHALLENGING THE FINAL DECISION OF THE CITY MADE AS A RESULT OF THE PUBLIC HEARING ON THIS APPLICATION MUST BE FILED WITHZl�' �HE 'FIIVIE LIIVIITS SET FORT� Il� SECTIOl� 17.54.07Q O�' TH� �OLLIN� HILLS MUNICIPAL CODE AND CODE OF CIVIL PROCEDURE SECT�ON 1094.6. Reso.2018-�3 8 2�5addleback Road STATE OF CALIFOI2NIA ) COUNTY OF LOS ANGELES ) �� CIT'Y OF ROLLING HILLS ) I certify that the foregoing Resolution No. 2018-03 entitled: A RESOLUTIQN OF THE PLANiVING COMM.�55ION �F THE CITY OF .ROLLING HILLS GRANTING APPROVAL F�R VARIANCES TO CONSTRUCT A NEW RETAINING WALL WITH A MA)QMUM HEIGHT OF UP TO 4 1/2 FEET L4CATED WITHIN A SETBACK AREA, AND ALLOW AN AS-BLTILT POR'I',ION OF A RIDING ARENA WFTH A MAXIMUM 10 FOOT ENCROAC�IlVIENT LOCATED IN THE FRONT YARD SETBAQC IN ZONING CASE NO. 937. THE SUBJECT PftOPERTY IS 11 SADDLEBACK R4AD (LOT 48- 1-RH 48-2-RH} ROLLING HILLS, CA {VITARREN). was approved and adopted at regular meeting of the Planning Commission on March 20,201$,by the following roll call vo�e: AYES: Commissioners Cardenas, Cooley,Seaburn, and Chair Chelf. NOES: None. ABSENT: Commissioner ICirkpatrick. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices t TTE HALL, CITY CLERK Aeso.2018-03 9 11 SaddIeback Road