2018-04.pdf RESOLUTION NO. 201$-04
A RES�LUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLiNG HILLS GRA,NT�NG A SITE PLAN REVIEW
AND VARIANCE T4 RECOIVSTRUCT AN EXISTIlVG 5' HIGH,
7.12' LONG RETAINING WAtL WHICH ENCROACHES INTO
THE SIDE YARD SETBACK AND WHICH WOULD NOT
AVERAGE OUT TO 2 1/z FEET, IN ZONING CASE NO. 938, AT
2910 PALOS VERDES DRIVE NORTH, (LOT 993-3-RI� (WONG).
THE PLANIVING COMMISSION OF THE CITY OF ROLLING HILLS
D�ES HEREBY FIlVD, AESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was duly filed by Ms. Jean Wong with respect to
real property located at 2910 Palos Verdes Drive North, Rolling Hills, reques#ing a Site
Plan Review and Variance to reconstruct an existing 5' high, 112` long retaining wall.
A Site Plan Review is required to aliow the wall to exceed 3' in height and a Variance is
�equired to keep the reconstructed wall in the side yard setback, 6' from fihe side
property line (14' encroachment), and to allow the wall not to average out to 2 �/z feet.
The new wall would be in the same Iocation as the exis�ing wall. No grading, except
for excavation of the old wall is proposed.
Secfion 2. The Planning Commission conducted duly noticed public hearings
to consider the applicaiaon on March 20, 2a18 in the field and at an evening meeting on
March 20, 2018, a� �vhich the Resolution �f Approval �nras �eviewed by the Pl�nning
Commission, and fallowing cli.scussion was adopted. Evidence was heard and
presented from all persons in�erested in affecting said proposal, and fro�n �nembers of
the City staff and the Planning Commission having reviewed, ana�yzed and studied
said proposal. The applicant's representative was in attendance at the hearings. No
one from the public came forward to address this project.
Section 3. The Plan„�ng Commission finds that fihe project is categorically
exempt fraxn environmental review under the California Environmental Quali�y Act.
Sectifln 4. Snbject property is located in the RA-S-1 Zone and the existing
retaining wall is in very poor condition. There are no records on file permitting the
existing wall,which is located in the side setback. The applicant requests to reconstruct
the wall in its original location.
Section 5. 5ections 1%.3t�.U1U through 1%.3t�.[isu ot the Ralling Hills
Municipal Code permit approval of a variance from the standards and requirements
of the Zoning Ordinance when exceptional or extraordinary circwnstances applicable
to the property and not applicable#o other similar properties in the same zone prevent
the owner from making use a£ a parcel of proper�y to the same extent enjoyed by
sunilar p�operties in the same vicinity. In the sub�ect application,the Applicant
1Zeso. 2018-04 2910 PV DR. N 1
requested Variances to exempt them from stric� compliance wi�h Sectian
17.16.120, requiring a side yard setback of 2Q feet in the RAS-1 zone; and sectian
17.16.190(F), requirir►g that walls shall average ou# to two and one-half feet as
xneasured from the finished grade to the top of the wall. With respect to these
requests for Variances, the Plan,�;,,g Commission finds as follows:
A. There are exceptional and extraordinary circumstances and conditions
applicable to this property that do not generally apply to the other properties in the
same vicinity and zone. The existing retaining wall encroaches into #he side setback
and does not average aut to 2�/z feet and the proposed wall will be located in the same
location and be of the same heigh� as the existing wall. There is a 2:1 slope behind the
wall that needs to be retained; otherwi.se� the slope would slough off and cause
damage to the nearby residence. The exisfiing wall was constructed without building
permits or to cu:rrent code standards. The wall is in a very poor condition and is
leaning away from the slope, and is therefore in danger of falling down. Its
reconstruction is a sound solution to retain the dirt behind it.
B. T'he Variances are necessary for the preservation and enjoyment of a
substantial property right possessed by ofiher properties in the same vicinity an.d zone,
bu� which would be denied to the property in q�estion absent such variances. With
the constraint of the lots' topography and the configuration of the existing residence
in close proximity to the retaining wall, it is a cha�lenge to move the wall outside the
setback and still leave room for a Fixe Depaxtment required walkway around the
residence. Furthermare, the retaining wall is necessary in order to preserve the
ascending slope, which is of ev�n heaght across the entire length of the existing wall
and cannot be averaged out. A variance from the requirements of section 17.�6.190(F}
woul,d preserve the enjoyment af substantial properfy rights possessed by other
properties by minimizing the amount of construCtion necessary to achieve an average
wall height of 2.5 feet and would help preserv�e the aesthetics of the property;
C. The granting of the Variances would not be materially detrimental to
the public welfare or injurious to the property or improvements in the vicinity and
zone in which the property is located. The side-yard encroachments 14 feet already
existing and na further encroachment is p:roposed. The wall is not visible from any
neighbor, as the face of the wall faces the house on subject property, and it supports a
vegetated slope behind it. The encroaching portion of the wall, being located on the
south side of the property, wi11 not impair views of neighbors to the north.
Furthermore, a five-foo� retaining wa11 is necessary in order to preserve a four-foot
walkway around the pe�rimeter of the home and ensure adequate access to a1i corners
of the property by emergency access vEhicles;
D. In granting the Variances, the spirit and intent of the Zoning Ordinance
will be observed. The proposed improvements will be orderly, attractive, and will
not affect the rural character of the community due to theix xelatively small scope and
size.
Reso. 207.8-04 29�0 PV DR. N 2
E. The Variances requested a�re �onsistent with the General Plan of the
City of Rolling Hills. The prapased improvernents will coinply wi�h the General P1an
requirement of low profile, low-density residentia� development with sufficient open
space between surrounding structures. The struchxral �ot coverage and the tatal
fmpervious lot coverage are within the requirements of the City.
Section 6. Findings for Approval o£ Site Plan review tor a retaining wall
that exceeds three feet in height, as required by Section 17.16.190(F}. With respect to
the modified Site P�an review application, the City Council finds as follows:
A. The proposed retaining wall complies with and is consistent with the
goals and policies of the general p�an and all requirements of the zoning ordinance.
A five-foot wide walkway is required by the Fire Department in arder to provide
sufficient access to the perimeter o£ the home. The wall sezves that function.
Furthermore, the wall already exists and is necessary to be reconstxucted �o continue
to support a slape behind it. The slope behind the wall is more than 3 feet and
therefore a five-foat wall is necessary;
B. The retaining wall substantially preserves the natural and undeveloped
state of the lot by mixumizing building coverage. The nature, condition, and
development of adjacent uses,buildings, and struchxres and�he topography of the lot
have been considered, and i�he re-construction of a five-foot high retaining wall will
not adversely affect or be detrimental to the adjacent uses, buildings or structures
because the proposed improvement will be constructed on a portion of the �ot which
zs Ieast nn�rusave to surroundimg proper�ies;
C. The Retauung Wall is harmonious in scale and mass with the site, the
natural �errain and st�rrounding residences. The p:roposed project is consistent with
the scale of the home because the length of the praposed retaining wall will not
exceed 112 fee� and will not exceed 5 in height and is not massive or causes the lat to
be overdeveloped;
D. The Retaining Wall preserves and integrates into the site design, �o the
greatest extent possible, existing topographic features of the site, including
surround'uig vegetatian, draining courses and Iandforms. The proposed height and
length of the retaining wall are at the minimum threshold required in order to retain
the size of the slope adjacent to the property and allow for a five-foot wide walkway;
E. The proposed praject will no# modify existing drainage channels nor
redirec�the drainage flow and;
F. The construction of the proposed retaini.ng wall conforms to the
requirements of the California Environmental Quality Act.
Section 7. Based on the foregoing findings and evidence contained within
the record, the Planning Con�nission hereby approves a site plan review for
Reso. 2D18-Q4 2910 PV DR. N 3
retaining wall greater than three feet in height and variances to encraach into the
required 20-foot side�yard setback with a 5'high retaining wall �hat does not average
ouf�0 2.5£eet in height subject to the follawing conditions:
A. The approval shall expire witivn one year from the effective dat� o£
approval as defined in Sections 17.38.070{A) of the Zoning Ordinance uriless
otherwise extended pursuant to the requixements of this section.
B. If any Condition of this resolution is violated, #he 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 cons�ruction work being
performed on the subject property shall immediately cease, other than work
determined by the City Manager or his/her designee required to cure the
violatian. The suspension and stop work order will be lifted once the Applicant
cures the vio�ation 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
deteimixta#ion that a vzolation exists or disputes how the violation must be cured,
the App�icant may request a hearing before the City Council. The hearing shall be
scheduled at the next regular meeting of the City Council for which th� agenda has
not yet been posted; the Applicant shall be provided written notice af the
hearing. The stop work order sha11 remain in effect during the pendency of the
hearing. The City Council shall make a det��nation as to whether a violation o�
this Resolution has occurred. If the Council determines that a viola�ion has no�
occurred or has been cured by the tirne of the hearing, the Council will lift the
suspension and the st�p work order. If the C�uncil dete�min�s t.hat a violation �ias
occurred and has not yet been cured, #he Counczl shall pxovide the Applicant with a
deadline to cure the violation; no consiruction work shall be per,formed on the
propexiy other than work designated by fihe City Council to accomplish the cure,
unless and until the violation is cured by the deadline, as de�ermined by the City
Manger ox his/her designee. If the violation is not curect by the deadlin�, the
Council may either extend the deadline at the Applicant's request or schedule a
hearing for the revoca�ion of the entitlements granted by this Resolution pursuant
to Chapter 17.55 of the Rollzng Hills Municipa�Code (RHI1�IC).
C. All reqtuxements of the Building Code and the Zoning Ordinance must
be complied with, unless otherwise set forth in this approval.
D. The pro�ect sha11 be developed and maintained in conformance with the
site p�an on file in the City Planning Department dated March 7, 2018. The conditions
Df t}115 approval shall b� pri.nted onto building and construction plans and be
available on site at all times.
E. The Applicants shall obtain the required bwilding permits for the
retaining wall.
Reso. 2018-04 2910 PV DR. N 4
F. This project shaii be reviewed and approved by the RHCA. Any
deviations to this project shall be submitted for reviewed by the Plannu�tg
Depax�tment. A drainage plan, if required by the Building Depar'�ment sha1l
be prepared and approved by the grading and drainage engineer.
G. The proper�y owners and/or their contractor sha11 be responsible for
compliance with the no-smoking provisians in the Municipal Code. The cantractor
shall not use tools that could produce a spark, includulg for clearing and grubbing,
during red flag warning conditions. Weather conditions can be fvund at:
http;//ww�.wr�.naaa.go�/�ox/main.php?suite-safety&page=hazard definitian
s�FIT�E
It is the sole responsibility of the property ownErs and/or their �ontractor to monitor
the red flag warning conditions. Should a xed-flag warnulg be declared, and if work
is to be conducted on the property, the coniractor shall have readily available fire
extinguisher.
H. During construction, conformance with local ardinances and
engineering practices so that people or property is not exposed to landslides,
mudflaws, erosion, or land subsidence shall be required and all excava�ed area for the
wa�I shall be stabilized.
I. During cons�ruction, conformance with fihe air quality managemen�
district req�a.irements, storm water pollution prevention practices, county and local
ordinances ancl engineerutg practices sa t11at people o� property are nofi exposed to
undue vehicle trips, naise, dust, objectionable adors, landslides, mudflows, erosion, or
].and subsidence shall be required.
j. During and after construc�ion, all parking shall take place on the project
site. There shall no� be parking on the shared driveway and access to PV DR. North
must be available at alI time. Flagmen shall be present when �ie cornmon driveway
approach is planned to be obstructed
K. During construction, the property owners shall be req�red to schedule
and regulate construction and related traffic noise throughout the day between the
hours of 7 AM and b PM, Monday through Saturday only, when construction and
mechar�ical equipment noise i.s pernutted, so as not to in�erfere wi�h the quiet
residential environment of the City of Rolling Hills.
L. Perimeter easements and traiLs, if any, including roadway easemen�s
shall remain free and clear of any improvements including, but not be Iunited to,
driveways, fences�including construction £ences, landscapin� irrigatian and drainage
devices, play eqwipment, parked vehicles, build'zng materials, debris and equipment,
except that the Rolling Hills Community Association may approve certain
encroachments.
Reso. 2015-04 291Q PV DR. N 5
M. Minimum of 65% of the wall materials xnust be recycled or diverted
from landfills. The hauier of the materials shall obtairi Cify's Canstruction and
Demolition permits for waste hauling prio:r to start of work and provide proper
doc�n�ntation to the Ci�ty. �
N. The licensed professional preparing construction plans for this project
for Building Department review shall execute a Certificate affirming that the plans
conform in all respects to �ltis Resolution approving this project and all of the
conditions set forth therein and the City's Building Code and Zoning Ordinance.
Further, the person obtaining a building permit for this p�oject shall execute a
Certificate of Construction stating tha� the project will be constructed according to
this Resolution and any plans approved therewith.
O. The applicants shall execute an Affidavit of Acceptance of all conditions
of the Site P1an Review and Variances approval, or the approva� shall not be effective.
The Affidavit and the Resolution shall be recorded.
P. All conditions, when applicable, must be complied with prior to the
issuance of a grading or building permi�from the Building and Safety Department.
PASSED, APPTZOVED AND ADOPTED TH�S 2Dth DAY OF MARCH
2018.
Brad el ,
C
Y ette HaII �
City Clerk
Any action challenging the final decision of the City made as a result of �he
pubiic hearing on this application must be filed withul�he time limits set forth in
secHon 17.5�.a�a of �he Rolling Hills Murucipal Code and Code of Civil
Proceduxe Section 1094.6.
Reso. 2018-04 2910 PV DR. N 6
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HII.,LS
�certify that the�oregoing Resalution No. 201�04 entitled:
A RESOLUTION OF THE PLANNING COMMiSSION OF THE
CITY OF ROLLING HILLS GRANTIlVG A SITE PLAN REVIEW
AND VARIANCE TO RECONSTRUCT AN EXISTING 5' HIGH,
112' LONG RETAINfNG WALL WHICH ENCROACHES INTQ
THE SIDE YARD SETBACK AND WHICH WOULD N4T
AVERAGE OUT TO 2 �z FEET, IN ZOIVING CASE NO. 938, AT
2910 PALOS VERDES DRIVE NORTH, (L�T 993-3-RH} (WONG).
Was approved and adopted at a regular meeting of the Planning Commission on
March 20, 2018 by the �ollowing roli call vote:
AYES: Commissioners Cardenas, Cool.ey, Seaburn,and Cl�air Chelf.
NOES: None.
AB�NT: Commissioner Kirkpatrick.
ABSTAIN: None.
and in compliance wifh the laws of Califo�xia was pos�ed at the following:
Administxative Offices.
�
YV TTE HAL � .
CITY CLERK
Reso. 2018-04 2910 PV DR. N 7