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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. Reso.2019-14 1 3 Roundup Rd. 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 Reso.2019-14 2 3 Roundup Rd. 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. Reso.2019-14 3 3 Roundup Rd. 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: Reso.2019-14 4 3 Roundup Rd. 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 Reso.2019-14 5 3 Roundup Rd. 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 Reso.2019-14 6 3 Roundup Rd.