2019-14 RESOLUTION NO. 2019-14
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF SITE PLAN REVIEW TO
CONSTRUCT AN ABOVE GRADE DECK IN ZONING CASE NO. 958 AT 3
ROUNDUP ROAD (LOT 67-A-EF) ROLLING HILLS, CA, (BOGDANOVICH).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES
HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. Application was duly filed by Mr. Bogdanovich with respect to real
property located at 3 Roundup Road (Lot 67-A EF) requesting a Site Plan Review to
construct a 792 square foot deck, of which 285 square feet would be at a maximum 5'
above the natural grade. Excavation for footings will be necessary without requiring
any grading.
Section 2. The property is zoned RAS-1 and consists of 1.0 acres gross. The net
lot area for development purposes is 34,380 square feet.
Section 3. The property is currently developed with a 3,451 square foot
residence with 150 square foot basement and 610 square foot garage. A 560 square foot
stable and corral exist on the property. Separately form this request, the applicant was
granted an administrative approval to construct a swimming pool, the remainder of the
deck and barbeque area.
Section 4. On September 17, 2019 the Planning Commission conducted a duly
noticed public hearing on the subject application at a field trip and at the September 17,
2019 evening meeting and directed staff to prepare a Resolution to approve the subject
project. Neighbors within a 1,000-foot radius were notified of the public hearings and
notices were published in the Peninsula News on August 29, 2019. The Applicant and
his agent were notified of the public hearings in writing by first class mail and the
applicant and representative were in attendance at the hearings. Evidence was heard
and presented from all persons interested in affecting said proposal and from members
of the City staff. The Planning Commission reviewed, analyzed, and studied said
proposal.
Section 5. The Planning Commission finds that the project qualifies as a Class
1 Exemption and is therefore categorically exempt from environmental review under
the California Environmental Quality Act.
Section 6. Pursuant to Section 17.44.020 raised deck cannot be approved
administratively, and requires a Site Plan Review. With respect to the Site Plan Review
application that requests permission to construct a new 285 square foot raised deck, in
conjunction with an on grade deck, the Planning Commission makes the following
findings of fact:
A. The proposed development consists of a new 285 square foot, 5 feet
above-grade deck that is to be an extension of an on-grade deck; which will be adjacent
to a new swimming pool. The subject deck does not require grading.
B. The project is compatible with the General Plan, the Zoning Ordinance
and surrounding uses because the proposed deck complies with the General Plan
requirement of low profile, low-density residential development with sufficient open
space between surrounding structures. The project will conform to Zoning Code
setback and all development standards, except when pre-existing. The net lot area of the
lot is less than an acre. The structural lot coverage proposed is 16.7% of the net lot area
(20% maximum permitted). The total lot coverage proposed, including structures and
flatwork would be 26.5%, (35% permitted). The lot was previously graded and is 65%
disturbed. No new disturbance is proposed. Further, the project meets the requirement
for a stable and corral on the site, as there exists a 560 square foot stable and adjacent
corral.
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C. The project substantially preserves the natural and undeveloped state of
the lot in that no grading is required for the deck; minimal excavation for the pillars for
the deck (50 cubic yards) is estimated to be necessary. The topography and the
configuration of the lot has been considered, and it was determined that the proposed
development will not adversely affect or be materially detrimental to adjacent uses,
buildings, or structures because the proposed construction will be confined to an
existing building pad, will be the least intrusive to surrounding properties, will be
screened and landscaped, is of sufficient distance from nearby residences and located at
the back of the lot so that it will not impact the view or privacy of surrounding
neighbors, and will permit the owners to enjoy their property without deleterious
infringement on the rights of surrounding property owners.
D. The proposed development is harmonious in scale and mass with the site,
and is consistent with the scale of the neighborhood when compared to properties in
the vicinity. The proposed project will maintain the existing appearance of the property
and will not mass the site.
E. The development plan incorporates existing trees and vegetation to the
maximum extent feasible. Openings in the deck undersurface will be screened with
vegetation.
F. The development plan substantially preserves the natural and
undeveloped state of the lot by minimizing building coverage because the new
construction will not cause the lot to look overdeveloped and will be located on an
existing pad. Significant portions of the lot will be left undeveloped. No grading is
proposed with this construction of the deck and therefore no significant changes will be
made to the natural terrain of the lot.
G. The development plan preserves surrounding vegetation and mature trees
and the landscaping provides a buffer or transition area between private and public
areas.
H. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because the proposed
project will not change the existing circulation pattern.
I. The project is exempt from the requirements of the California
Environmental Quality Act.
Section 7. Based upon the foregoing findings, the Planning Commission
hereby approves Zoning Case No. 958 a Site Plan Review to allow construction of a 295
square foot raised deck, subject to the following conditions:
A. The Site Plan Review approvals shall expire within two years from the
effective date of approval as defined in Sections 17.46.080, unless otherwise extended
pursuant to the requirements of this section.
B. It is declared and made a condition of this approval that if any conditions
thereof are violated, this approval shall be suspended and the privileges granted
thereunder shall lapse; provided that the applicant has been given written notice to
cease such violation, the opportunity for a hearing has been provided, and if requested,
has been held, and thereafter the applicant fails to correct the violation within a period
of thirty (30) days from the date of the City's determination. B. If any condition of
this resolution is violated, the 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 construction 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 violation. The suspension and stop work order will be
lifted once the 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
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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 meeting 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 violation of this Resolution has
occurred. If the Council determines that a violation has not occurred or has been cured
by the time of the hearing, the Council will lift the suspension and the stop work order.
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 on the property until and unless the violation is
cured by the deadline, 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 hearing for the revocation of the
entitlements 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
with unless otherwise set forth in the Permit, or shown otherwise on an approved plan.
D. Prior to submittal of final working drawings to Building and Safety
Department for issuance of building permits, the plans for the project shall be
submitted to City staff for verification that the final plans are in compliance with the
plans approved by the Planning Commission.
E. The lot shall be developed and maintained in substantial conformance
with the site plan on file dated September 11, 2019 except as otherwise provided in
these conditions. The working drawings submitted to the County Department of
Building and Safety for plan check review shall confoiin to the approved development
plan. All conditions of the Site Plan approvals, herein as applicable, shall be
incorporated into the building permit working drawings and/or complied with prior to
issuance of a building permit from the building department.
The conditions of approval of this Resolution shall be printed onto building
plans submitted to the Building Department for review and shall be kept on site at all
times.
Any modifications and/or changes to the approved project, including resulting
from field conditions, shall be discussed and approved by staff prior to implementing
the changes.
F. A 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 this 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 and/or grading permit for this project
shall execute a Certificate of Construction stating that the project will be constructed
according to this Resolution and any plans approved therewith.
G. Structural lot coverage shall not exceed 5,755 square feet or 16.7% of the
net lot area, in conformance with lot coverage limitations (20% maximum); and the total
lot coverage proposed, including structures and flatwork shall not exceed 9,152 square
feet or 26.6%, of the net lot area, in conformance with lot coverage limitations (35%
max). The residential building pad shall not exceed 42.9% coverage.
H. The disturbed area of the lot exists at 65%, (22,350 square feet) and shall
remain.
I. There shall be no grading for this project, except that excavation for the
pool and pillars for the deck is allowed. The spoils and dirt may be exported.
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J. The area between the top of the deck and the bottom of the natural grade
shall be screened with shrubs at all time, which shall not grow into a hedge, but be
offset. Should the area of the proposed landscaping for the deck be greater than 500
square feet, the project shall be subject to the City's Water Efficient Landscape
Ordinance, Section 13.18 of the Municipal Code. A detailed landscaping plan shall be
submitted to staff prior to obtaining building permit for the deck.
K. The property owners shall comply with all requirements of the Lighting
Ordinance of the City of Rolling Hills (RHMC 17.16.190 E), pertaining to lighting on
said property.
L. The property on which the project is located shall contain a stable and
corral or a set aside area meeting all standards for a stable and corral with adequate
access. The existing stable and corral shall not be converted to another use, unless a
discretionary approval is granted by the City and a feasible set aside area is provided.
M. Minimum of 65% of any construction materials must be recycled or
diverted from landfills. The hauler of the materials shall obtain City's Construction and
Demolition permits for waste hauling prior to start of work and provide proper
documentation to the City upon completion of the project.
N. A construction fence may be allowed or may be required by the City or
the Building Department staff for the duration of the construction of the project. City
staff shall approve the location and height of the fence. The construction fence shall not
be placed more than 15 calendar days prior to commencement of the construction and
shall be removed within 15 calendar days of substantial completion of the project as
determined by City staff or at any given time at the discretion of City staff.
O. Placement of one construction and one office trailer may be permitted for
the duration of on-site construction activities during an active building permit; each
shall be no larger than 8' x 40' in size, and must be authorized by City staff with such
authorization being revoked at any point deemed reasonable by City staff. Such trailers,
to maximum extent practicable shall be located in a manner not visible from the street.
Unless otherwise approved by staff, with proof of a good cause, such trailers shall not
be located in any setback or front yard, may be placed on the site no more than 15
calendar days prior to commencement of construction and must be removed within 15
calendar days of expiration of a building permit, revocation, or finalization of the
project.
P. During construction, conformance with the air quality management district
requirements, stormwater pollution prevention practices, county and local ordinances
and engineering practices so that people or property are not exposed to undue vehicle
trips, noise, dust, and objectionable odors shall be required.
Q. During construction, to the extent feasible, all parking shall take place on
the project site, but if necessary, any overflow parking may take place within the
unimproved roadway easements along adjacent streets, and shall not obstruct
neighboring driveways, visibility at intersections or pedestrian and equestrian passage.
During construction, to the maximum extent feasible, employees of the contractor shall
car-pool into the City. A flagmen shall be used to direct traffic when necessary,
including during delivery of large construction equipment or materials.
R. During construction, the property owners shall be required to schedule and
regulate construction and related traffic noise throughout the day between the hours of
7 AM and 6 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.
S. The contractor shall not use tools that could produce a spark, including
for clearing and grubbing, during red flag warning conditions. Weather conditions can
be found at:
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http:// .wrh.noaa.govfiox/main.php?suite=safety&page=hazard_definitions#FIR
E. It is the sole responsibility of the property 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 conducted on the property, the contractor shall have readily available fire
distinguisher.
T. Prior to finaling of the project an "as constructed" plans shall be provided
to the Planning Department and the Building Department to ascertain that the
completed project is in compliance with the approved plans. In addition, any
modifications made to the project during construction, shall be depicted on the "as
built" plan.
U. The Applicant shall execute an Affidavit of Acceptance of all conditions of
this permit pursuant to Zoning Ordinance, or the approval shall not be effective. The
affidavit shall be recorded together with the resolution.
V. Any action 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 the Rolling Hills Municipal Code and Code of Civil Procedure
Section 1094.6.
PASSED, APPROVED"AND ADOPTED THIS 15th DAY OF OCTOBER 2019.
/
BRikr) CHELFC-HAIRMAN
ATTEST:
- T
IOHANA COtZONEL, CITY CLERK
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2019-14 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF SITE PLAN REVIEW TO
CONSTRUCT AN ABOVE GRADE DECK IN ZONING CASE NO. 958 AT 3
ROUNDUP ROAD (LOT 67-A-EF) ROLLING HILLS, CA, (B• DANOVICH).
was approved and adopted at regular meeting of the Planning Commission on
October 15, 2019 by the following roll call vote:
AYES: CARDENAS, COOLEY, KIRKPA PRICK,SEABU , A D CHAIR ELF
NOES: NONE.
ABSENT: NONE.
ABSTAIN: NONE.
and in compliance with the laws of California was posted at the following:
Administrative Offices
YOHANA ''O ONEL, CITY CLERK
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