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2018-10.pdf RESOLUTION NO. 2018-10 A RESOLUTION OF THE PLANNING COMNIISSION OF THE CITY OF ROLLIIVTG HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW AND COI�TDITIONAL USE PERMIT FOR CONSTRUCTION OF A 2,124 SQLTARE FOOT MIXED-USE STRUCTURE AND 779 CUBIC YARDS OF GRADING IN ZONING CASE NO. 934 AT 8 CREST ROAD EAST,LOT 192-A-2-MS, QOHN TL�. THE PLANNING C4MMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application was duly £iled b� Dan Rentsch on behalf of John Tu wi�h respect to real property located at 8 Crest Road East, Rolling Hi11s (Lot�92-A-2-MS) requesting a Site Plan Review and Conditianal Use Permit for the construction of a mixed-use structu.re o€2,124 square feet and grading of 779 cubic yards of dirt. Sect�on 2. The Planning C:ommission conducted a duly noticed public hearing on July 7.7, 2018. The Planning Commission viewed the project in the field, opened the hearing to enable brief public testimony and continued the meeting to the evening meeting of the Planning Cornmission. At the July 17, 201$ evening meeting, the Planning Commission provided direction to staff to prepare a resolution of approval for the proposed proJect, Neighbors within a 1,000-foot radius were notified of the public hearings and a notice was published in the Peninsula News on Ju2y 5, 2018. The appZicants and their agents were notified of the public hearings in writing by first class mail and the applicants and agents were in attendance at the hearing. Evidence was heard and presented from all person interested in affecti.ng said proposal, and from members of the City staff. Two previous designs were submitted to the Planni.ng Commission but when submitting to the Rolling Hi�Is Cornmunity Association A:rchitectural Committee several changes to the design we:re required. Planning Commissione�s and several residents at the field visit noted their preference for an earlier design of the proposed project. Section 3. The property is zoned RAS-2 and �he gross lot area is b.52 acres. The net 1ot area is 5.18 acres or 225,683 square feet. The exisfiing property is currently approved and under construction for a 12,927 square £oot residence, 1,b�0 square foot garage, basement, an existing legal non-conforming 1,b21 square foot guesthouse and other outdaor arnenities. Section 4. The Planning Commission finds that the project is exempt from the Ca�ifornia Environmental Quality Act, (CEQA) pursuant to Class 3, Section 15303 of the CEQA guidelines. Section 5. Site Plan Review. With respect to the Plans s�xbmitted for the development, the Plann;r,g Commission hereby approves the request for Site P1an Revxew in Zoning Case No. 934 to build the proposed project and makes the fallowing findings: A. The proposed development is compatible with the General Plan, the Zoxung Ordinance and surrounding uses because the p:roposed structure complies with the General Resolution No. 2018-10 8 Crest Road East M�ed-Use Structure -1- Plan requirement ot iow pro�ile, low-density residentiai development with sufficienf open space befween surrounding structures and maintaining sufficient setbacks fo provide buffers bettiveen residential uses. The net lot area of �he property is �.18 acres which i.s within the requirements of the RAS-2 zone. The proposed new struct�xre is outside of all setbacks. The project conforxns to the Zoning Code lot coverage requirements. The net lot area of the properfy is 225,683 square feet. The structural net lot coverage is proposed at 7�0.3%, which includes aIl of the previously approved structures {20% �. pertnitted}; and the total lot coverage proposed, including the driveway would be 21.0%, (35% max. permitted). The disturbed area of the lot is existing at 91% which was previously approved above the 40% maximum disturbarice. All work for the proposed project will be constructed within the existing di.sturbed area. B. The project substantially preserves the natural and undeveloped state ot the lot by rnznimizing building coverage. The cvn.figuration of the lot has been considered, and it was determined that the proposed development will not adversely affect or be xnaterially detrimental to adjacent uses, buildings, or structures, because the proposed Iocation of structures on the �ot are consistent with surrounding developxnent. The proposed development is of sufficient distance from nearby residences so that it wi11 not impact the view or privacy of surrounding neighbors, and will allow the owners to enjoy their proper�y without deleteriaus infringement on the �rzghts of surrounding property owners. C. The proposed development, is harmonious in scale and mass with the site, and is consistent with the scale of the neighborhood when compared to new residences in the vicinity of said 1ot. The development plan takes into consideration the visibility from aIl roadway easements with the rnixed-use structure being locafed away fram the roadway easement and not up against the setback. The struciure is proposed to be partially recessed into the hill to reduce visibi�ity. D. The project pxeserves and integrates into the si�e design, to the greatest extent possible, existing topographic featu.res of the sife, including surrounding na�ive vegetation, mature trees, d�ainage courses and Iand forrns {such as hillsides and knolls). The structure has been �owexed into the hillside by two feet in order to reduce the overall visual impact from Georgef£Road. The area where the mixEd use structure is proposed to be located was selected to mixiimize the visual impact from the�ubject property and also the surrounding neighbars. E. The grading on the property has been designed to follow natural contours of the site and to mixumize the amount of grading required fo create the building area. The Iot was gxaded in the past and the grading£or this project will occur on the previously disturbed area. Therefore, the grading on the property has been designed to follow the existing natural contours and minunize the amount of gr�ding required for the mixed use strtzcture. F. Grading will not modify existing drainage channels nor redirect drainage flow, unless such flow is redirected in�o an existing draxnage course. The lot was graded in the past and the grading for this project will occur on the previously distvrbed area. Therefore grading wili not modify existing drainage channels. Resolution No. 2015-10 $ Crest Road East Mixed-Use Structure -2- G. The project preserves surrounding native vegetation and mature ixees and supplernents these elements with drought-tolerant landscaping which is compatible with and enhances the rural character of the commuxuty, and landscaping provides a buffer or transition area between priva�e and publxc areas. Landscaping will be infroduced that is compatible with and enhance the rural character of the community, and the Iandscaping should provide a buffer or transition area between private and public areas. The structu:re has been lowered into the hillside by two feet in order to reduce �ie overall visual irnpacf from Georgeff Road. Trees will be planted to screen the property froan Georgeff Road. H. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestria.ns and vehicles because there will be no change to the exi.sting driveway apron. There is ample parking in the garage and there is parking for guests on site. I. 'The project conforms to the requirements of CEQA; as previously stated, the project is exempt£rom CEQA, 14 CCR Section 15303 (a)(3) of the CEQA guidelines. Section 6. Conditional Use Permit. Section 17.12.130 of the Rolling Hi�ls Municipal Code permits approval of a mixed-use structure with a Condi�ional Use Permit. The proposed 2,124 square foot mixed-use stxucture camplies with all �requirements of these sections. With respect to this request for a Conditional Use Permit, the Planning Commission finds as follaws: A. Conditionally permitted uses are not outright permitted by the Rolling Hills Municipal Code. The Plar,,,;,,g Cominission must consider applications for a Condi�ional Use Permit and may, with su.ch conditions as are deemed necessary, approve a conditional use which will not jeopardize, adversely affect, endanger or to othe�n�ise constitu.te a menace to the public health, sa€ety or general welfare or be materially detrixnental to the p:roperty of other persons Iocated in the vicinity of such use. B. The gran�ing of a Conditional Use Permit for tlie mixed-use structure would be consi�tent with the purposes and objectives of the Zoxiing Ordinance and General Plan because the use is consistent with similar uses in the community, and meets all the applicable code development standards for such uses, and it is located in an a:rea ot the property that is adequately sized to accommodate such use. The proposed use xs appropriately locafed 'zn that xt will be sufficiently separated from nearby sixuctures used for habitation or containing sleeping quaxters. C. The nature, condition, and development of adjacent structures have been considered, and the project will not adve�rsely affect or be materially detrimental to these adja�e�nt uses, k�xxi�dings` or struct�ares becanse �he propo�ed mixed-use structure zs Iocated on a 6.52 ac:re lot and the general location is of sufficient distance from nearby residences so as to not impact the view o�privacy of surraunding neighbors. The proposed mixed-use structure xs to be screened by enhanced landscaping. D. The site for the proposed conditional use is adequate size and shape to accommodate the use and building p�roposed. The proposed project complies with the Iow profile residential development pattern of the cammunity and will not give the property an Resolution No. 2018-10 8 Crest Road East Mixed-Use Structure -3- over-built look, and areas wil1 remain open and unobstructed. The Iot is b.52 net acres and is sufficiently large to accommodate the proposed use. E. The proposed conditional use complies with all applicable development standards of the zone district and requires a Conditional Use Perm.it pursuant to Section 27.Z6.04Q of the Zoning Ordinance. F. The proposed conditional use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting criteria for hazardous waste facilities because the project site is x�ot listed on the current Sfate of Calzfornia Hazardous Waste and Substances Sites List. G. The proposed conditional use observes the spirif and intent of this �itie. The proposed mixed use str�cture is Iocated in a permitted area and falls within the guidelines of the general plans in terms of area,height, use, and aesthetics. 'The proposed garage component of the new mixed use si�ucture complies with fhe maxunum allowable garage square footage for this site. The storage component falls below the maximum allowable square footage as well. Section 7. Based upon the foregoing findings, and the evidence in the record, the Plaruung Commission hereby app:roves Zoning Case No. 934 request for the construction of a mixed-use sixucture of 2,�24 square feet and 779 cubic yards of grading, subject to the following conditions: A. This approva� sha11 expire within two years from the effective date of approval unless the approval granted is otherwise extended pursuant to the requirements of RHMC Sections 17.42.070 and 17.46.080. B. If any condition of this resolution is violated, the entitlemex�t gxanted by thi.s resolution shall be suspended and the privileges granted hereunder shall lapse and upon receipt of written notice from the City, all construc�ion work being per£ormed, if any; on the subject property shall immediately cease, other than work determined by the City Manager or his/her designee required to cure the violation. T�ie stop work order wilI be lifted once tlie Applicant cures the violation to the satisfaction of the City Manager or his/her designee. In the event �hat the Applicant d'rsputes the City Manager or his/her designee's determination tha�a viola�ion exists or disputes how �he violation must be cured, the Applicant may request a hearing before the City Council. The hearing shall be scheduled at the nex� regular meetzng 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 during the pendency of the hearing. The City Council shall make a determination as to whether a vi�Ia�ion of thi� �e�olu�on has oceurred. If the Couneil determine� ±hat a vio�ation has not occurred or has been cured by the time of the hearing, the Council will lift the stop work order. If the Council deternlines that a violation has occurred and has not yet been cured, the Council shall provide the Applicant with a deadli.ne to cuxe the vioiation;no construction work shall be performed on the property until and unless �he violation xs cured by the dead�ine, other than work designated by the Council to accomplish the cure. If the violation is not cured by the deadline, the Council may either extend the deadline at the Applicant's request or schedule a Resolution No. 2018-10 8 Crest Road East Mixed-Use St�ucture -4- hearing for the revocation of the en�itlements granted by this Resolution pursuant to Chapter 17.58 of the RHMC. C. All requirements of the Building and Construction Ordinance, the Zoning Ordinance, and of the zone in which the subject property is located must be complied wi�h unless otherwise set forth in this pern�ut, or shown otherwise on an approved plan. Construc�ion fencing may be required. D. The lot shall be developed and maintained in substantial conformance with the site plan on fi�e received on July 12, 2018 except as otherwise provided in these conditions. The working drawi.ngs submitted to the Depax�fi.nent of BuzJ.ding and Safety for plan check review shall confo�rzn to the approved development plan. AIl conditions of the Site Plan Review and CLIP approval shall be incorporafed into the building permit working drawings, and where applicable complied with prior to issuance of a grading or building permit from the building department. The conditions of appxoval of this Resolution shall be printed onto bui�ding plans submitted to th.e Buildxng Department for review and shall be kept on site at all times. Any rnodifications and/or changes to the approved project, including resulting from field conditians, shall be di.scussed and approved by staff prior to implementing the changes. E. Prior to submittal of final workang drawings to Building and Safety Departrnent for issuance of building permits, the plans for the project shall be submi�ted to City sta£f for verification that the final plans a�e in compliance with the plans approved by the Planning Commission. F. A licensed professional preparing construction plans for this project for Building Department review shall execute a Certificate affi.rm�ng that the pl.ans canform in all respects to this Aesolution approving this project and all of the conditions set forth therein and the City`s Build'zng Code and Zoning Ordinance. Furthex, fihe person obtaining a building and/or �ading permit for this project shal.l execute a Certificate of Construction stating �hat the project will be constructed according to this Resolu#ion and any plans approved therewith. G. Structural Iot coverage o£ the Iot shall not exceed 23,727 square feet or 10.5% of the net lot area, in conformance with �ot coverage limitatians {20% maximum). The structural coverage on the building pad shall not exceed 2,574 square feet or 13.6%. The total Zot cov�x�ge proposed, including str�zctures anci flatwark, shall not exceed 48,881 square feet o:r 21.6%, of the net lot area, in conformance with lot coverage limitations {35% max). H. 779 cubic yards af grading shall take place for the proposed project. The disturbed area of the lot, including the approved stable and corral set aside shall not exceed 91%. Resolution No. 2018-10 8 Crest Road East Mixed-Use Structure -5- T. A min;,,�um of five-foot level path and/or walkway, which does not have to be paved, sha11 be provided around the entire perimeter of all structures, or as otherwise required by the Fire Deparhnent. J. The mixed-use struc�u.re shall not be used as habitable space, and may not have a kitchen, and shall meet all of the requirements of Sec�ion 17.16.210(6). K. The finished roof height of the proposed mixed-use strucfiure shal.l not exceed 14 feet 9 inches at the highest ridgeline. L. The property on which the project is located shall contain an area of minimum of Z,000 square feet to provide an area meeting all standards for a stable (450 square feet} and corral (5�0 square feet) with access thereto. M. The applicant shall comply with all requirements of the Lighting Ordinance of the City af Rolling Hills (RHMC 17.26.�90 E}, pertaining to lighting on said property, roofing and material requirements of properties in the Very High Fire Hazard Severify Zone. N. All utility lines ta anixed-use structure shall be placed underground, subject to all applzcable standards and requirements. O. A drauzage plan, if required by the Building Departmenf, shall be prepared and appraved by City Staff prior to issuance of a construction permit. Such plan shall be subject to LA County Code requirements. O. If app�icable, f�ie new landscaping shall be subject to the requirements o£ the City's Water Efficient Landscape Ordinance (Chapter 1318of�he RHMC}. P. The setback lines and roadway easement Iines in the vicinity o£ the construction for this project shall remain marked throughout the construc�ion. The silhouette {stary poles) shall be taken down and removed from the property irnrnediately upon completion of the review process of the project. Q. Perimeter easements, xncluding roadway easements and trails, if any, shall remain free and clea7r of any improvements including, but not be limited to fences-including constru.c�ion fences, any hardscape, driveways, Iandscaping, irrigation and drainage devices, excepf as otherwise approved by the Rolling Hills Comxnuni�y Association. R. Any construction facility, such as a constrt�ction trailer/office or partable tailets, to a xnaximum extent practxcable, sha11 be located in a manner not visible frorn the street, and be in a location satisfactor.y to Cit�r staff. S. Minimum of 65% of any construct�on materials m�st be recycled or diverted from landfills. The hauler of the materials shall obtain City's Const�ruction and Demolition permits for waste hauling prior to start o£work and provide proper documentation to�he City. T. Du�ing consfrucfion, conformance with the air quality management district requirements, stormwater pollution prevention practices, county and local ordinances and Resalution No. 2018-10 8 Crest Road East Mixed-Use Structure -6- engineering practices so that people or property are not exposed to undue vehicle ixips, noise, dust, and objectionable odors shall be required. U. Dur�ng construction, the properly ownexs shall be r�quired fo schedule and regulate constrexction and relafed traffic noise throughout the day between the hours o£ 7 AM and 6 PM, Monday through Saturday, when construction and mechanical equipment noise is permitfed, so as not to interfere with the quiet residential environment of the City of Rolling Hills. V. The contractor sha1l not use tools that could produce a spark, inc�uding for cleaxing and grubbing, during red flag warning conditions. Weather conditions can be found at: http;//www.wrh.naaa.gov/Iox,/main.php?suite=safety&page=hazard_definitions#FIRE:. It is the sole responsibility of �he property owner and/or his/her contractor to manifor the red flag warning conditions. Should a red flag warni�.lg be declared and if work is to be conducted on the properf.y, the contracto;r shall have readily available fire distinguisher, W. The property owners shall be required to canform with the Regional Water Qualify Control Board and County Public Works Department Best Management Practices (BMP's) :requixements related to solid waste, drainage and storm water drainage facilities management. Further the property owners shall be required to conform to the County Health Depar�men�t requirements fo�a septic system, if a new septi�system i.s required. X. Priox to finaling of the project an"as constructed" set of plans and certifications, including certifications of ridgelines of the strucfure, shall be provided ta the Planning Department and the Building Deparhment to ascertain that the completed project is in compliance with the approved plans. Tn addition, any modifications made to the project during construction, shall be depicted on the"as built" p1an. Y. Construction vehicles or equipment, employees vehicles, delivery trucks shall not impede any ixaffic lanes to the maximum extend practical; and if necessary to block traffic in order to aid in the constructian, no more than a single Iane may be blocked for a short period of time and flagmen uti.lized on both sides of the impeded area to direct traf£xc. Z. The applicant must screen the propased mixed-use structure with landscaping to screen it from Georgeff Road and any new�ees or shrubs, shall not at any time during growth be higher than the ridge line af the mixed-use structure and the landscaping shall be consi.sfent with the feedback provided during Plann;ng Commission field vi.sits to the satisfaction of City staff. AA. The applicant shall execute an Affidavit of Acceptance of aIl conditions of this per�it ptirs�ant to Zon.�ng Ordinance, or�he approval shall not be effective. The affidavit�hall be recorded together with the resolution. PASSED, APPROVED AND ADOPTED THIS 215T DAY OF AUGUST 2018. Resolution No. 2018-10 8 Crest Road East Mixed-Use Structure -7- - --- s<� B A CH�LF, CHAIR AN ATTEST: �'1�=�- - TTE HALL, CITY CLERK Any action challenging the final decision of the Ci�ty made as a result of the public hearing on this application must b�filed within the time limits set fox-�h in Secfion 17.54.Q70 of the Rolling Hills Municipal Code and Code af Civil Procedure Section 1094.6. Resolution No. 2018-10 8 Crest Road East Mixed-Use Structure -8- STATE OF CALIFORNIA ) COUNTY QF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certi£y that the foregoing Resalution No. 2Q1$-1a entitled: A RESOLUTION OF THE PLANNING COMM3SSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW AND CONDIT�ONAL USE PERMIT FOR CONSTRUCTION OF A 2,124 SQUARE FOOT MIXED-USE STRUCTURE AND T79 CUBIC YARDS OF GRADING IN ZONING CASE NO. 934 AT$ CREST RDAD EAST,LOT 192-A-2-MS, {JOHN TU}. was approved and adopted at a regular meeting of the Planning Coxnmission an August 21, 2018 by the following roll cali vvte: AYES: CARDENAS, COOLEY,SEABURN,AND CHAIR CHELF, NOES: NONE. ABSENT: KIRKPATRICK. ABSTAIN: NONE. and in compliance with the laws of California was posted at the£ollowix�g: Administrative Offices. TTE HALL, CITY CLERK Resoiution No. 2418-10 8 Crest Road East Mixed-Use Sttruucture -9-