2019-18 RESOLUTION NO. 2019-18
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW
FOR THE CONSTRUCTION OF A 1,789 SQUARE FOOT HOUSE
ADDITION AND 324 SQUARE FOOT GARAGE ADDITION, AND TO
ATTACH AN EXISTING 978 SQUARE FOOT GUEST HOUSE TO THE
RESIDENCE FOR A TOTAL OF 7,519 SQUARE FOOT RESIDENCE AND
1,030 SQUARE FOOT GARAGE AND GRADING OF 50 CUBIC YARDS OF
DIRT; AND A CONDITIONAL USE PERMIT TO CONSTRUCT A 799
SQUARE FOOT GUEST HOUSE IN ZONING CASE NO, 960 AT 13
EASTFIELD DRIVE (BIRKETT).
THE PLANNING COMMISSION DOES HEREBY FIND, RESOLVE, AND ORDER AS
FOLLOWS:
Section 1. An application was duly filed by Mr. Steven Birkett (Applicant) for
Site Plan Review to construct a 1,789 square foot house addition, 324 square foot garage
addition, and to attach an existing 978 square foot guest house to the residence for a total
of 7,519 square foot residence and 1,030 square foot garage and grading of 50 cubic yards
of dirt; and a Conditional Use permit (CUP) to construct a 799 square foot guest house.
The project includes associated major remodel and demolition of portions of the existing
residence on an existing building pad.
Section 2. The Planning Commission conducted duly noticed public hearings
to consider the application at their regular meetings on October 15, 2019, and November
19, 2019 and at a field trip on November 19, 2019. The Planning Commission at the
November 19,2019 regular meeting directed staff to prepare a Resolution approving the
project. Neighbors within a 1,000-foot radius were notified of the public hearings and
notices were published in the Peninsula News on October 3, 2019. The Applicant and his
agent were notified of the public hearings in writing by first class mail and the Applicant
and his agent 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 3. The property is zoned RAS-1, and the lot is 3.21 acres in size. For
development purposes, the net lot area is 2.89 acres (125,971 sq. ft.). The lot is long and
narrow,having a narrow frontage along Eastfield Drive. In addition to the residence and
swimming pool,the lot is developed with previously approved stable,corral,tennis court
and detached garage located in the front yard area, and a guest house in the rear.
Section 4. The Planning Commission finds that the development project is
exempt from the California Environmental Quality Act, (CEQA) pursuant to Section
15303(new construction of single family residence and accessory structures) of the CEQA
guidelines.
Section 5. Site Plan Review is required to construct a 1,789 square foot house
addition, 324 square foot garage addition, and to attach an existing 978 square foot guest
house to the residence for a total of 7,519 square foot residence and 1,030 square foot
garage and grading of 50 cubic yards of dirt pursuant to Rolling Hills Municipal Code
(RHMC) Section 17.46.020. With respect to the Site Plan Review, the Planning
Commission makes the following findings of fact:
A. The project complies with and is consistent with the goals and policies of
the General Plan and all requirements of the Zoning Ordinance. The proposed project
complies with the General Plan requirement of low profile, low-density residential
development with sufficient open space between surrounding structures and maintains
sufficient setbacks to provide buffers between residential uses.
B. The project substantially preserves the existing terrain of the lot by
minimizing grading to 50 cubic yards and building primarily on existing building pad.
C. The project is harmonious in scale and mass with the site,the natural terrain
and surrounding residences. The proposed development, as conditioned, is consistent
with the scale of the neighborhood. The proposed project is screened from the road so as
to reduce the visual impact of the development. The development will be set back from
the road so that views from the road will not be blocked. Significant portions of the lot
will be left undeveloped.
D. Grading has been designed to follow natural contours of the site and to
minimize the amount of grading required to build the proposed guest house. The
resulting slope will be a 2:1 gradient adjacent to the proposed addition. There is no
grading in the canyon and all drainage courses remain the same.
E. The project will not affect any drainage course as the drainage will mimic
the existing drainage course.
F. The project preserves surrounding native vegetation and mature trees. A
large portion of the lot will remain undisturbed and the existing vegetation will remain.
G. The project is sensitive and not detrimental to the convenient and safe
movement of pedestrians and vehicles. An enlargement to the fire turnaround area is
required to meet the Fire Department's access requirements.
H. The project conforms to the requirements of the California Environmental
Quality Act. The development project is exempt from CEQA pursuant to Section 15303
(new construction of single family residence and accessory structures) of the CEQA
guidelines.
Section 6. Conditionally permitted uses are not outright permitted by the
RHMC. The Planning Commission must consider applications for a Conditional Use
Permit and may, with such conditions as are deemed necessary, approve a conditional
use which will not jeopardize, adversely affect, endanger or to otherwise constitute a
menace to the public health, safety, or general welfare or be materially detrimental to the
property of other persons located in the vicinity of such use. A Conditional Use Permit is
required for construction of a 799 square foot guest house pursuant to RHMC Section
17.16.040. Section 17.16.210 (A)(5) of the RHMC contains conditions for a guest house
subject to approval of a conditional use permit. With respect to this request for a
Conditional Use Permit, the Planning Commission finds as follows:
A. The proposed conditional use is consistent with the General Plan. The guest
house is consistent with the General Plan because it is consistent with similar uses in the
community, meets all the applicable code development standards for such use, and is
located in an area on the property that is adequately sized to accommodate such use. The
guest house is appropriately located in that it will be sufficiently be separated from
nearby structures. The guest house is a common amenity in the City. The guest house
complies with the General Plan requirement of low profile, low-density residential
development with sufficient open space between surrounding structures and maintains
sufficient setbacks to provide buffers between residential uses.
B. The nature, condition, and development of adjacent uses, buildings, and
structures have been considered, and the use will not adversely affect or be materially
detrimental to these adjacent uses,buildings, or structures. The guest house is located of
sufficient distance from nearby residences so as to not impact the view or privacy of
surrounding neighbors.The height of the guest house will not be obtrusive or block views
and is located sufficient distance from the road so as to not be visible from adjacent
residences. As part of the approval, a condition is imposed that the guest house will not
be rented.
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C. The site for the proposed conditional use is of adequate size and shape to
accommodate the use and building proposed. The lot is 2.89 acres net in size and is
sufficiently large to accommodate the proposed use. The guest house blends in with the
house and will not give the property an over-built look. Sufficient areas of the lot will
remain open and unobstructed and sufficient distance has been put between the house
and the guest house to leave open spaces in between.
D. The proposed conditional use complies with all applicable development
standards of the zone district (RAS-1). The guest house complies with all conditions for
guest houses pursuant to Section 17.16.210(A)(5) of RHMC.No walls or any variances are
requested for the guest house use. The height of the guest house will not be obtrusive or
block views. It is located a sufficient distance from the road so as to not be visible from
adjacent residences.
E. 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 not listed on the current State of
California Hazardous Waste and Substances Sites List.
F. The proposed conditional use observes the spirit and intent of this title. A
guest house is a common amenity in the City.The construction meets all the development
standards including the allowable size of 799 square feet. The proposed guest house is
located a sufficient distance from nearby residences so as to not impact the view or
privacy of surrounding neighbors.
Section 7. Based upon the foregoing findings, the Planning Commission
hereby approves Zoning Case No. 960 a request for a Site Plan Review for the
construction of a 1,789 square foot house addition,attach an existing 978 square foot guest
house to the residence for a total of 7,519 square foot residence and 1,030 square foot
garage and grading of 50 cubic yards of dirt; and a Conditional Use Permit to construct
799 square foot guest house subject to the following conditions:
A. The Site Plan and Conditional Use Permit approval shall expire within two
(2)years from the effective date of approval if construction pursuant to this approval has
not commenced within that time period, as required by Sections 17.46.080, 17.42.070 and
17.38.070 of the RHMC, or the approval granted is otherwise extended pursuant to the
requirements of those sections.
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 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
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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 October 9, 2019 except as otherwise provided in these
conditions. All conditions of the Site Plan Review and Conditional Use Permit approvals
shall be incorporated 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 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. The structural net lot coverage shall not exceed 18,987 sq.ft. or 15.1% in
conformance with the lot coverage limitations; the proposed total coverage, (structures
and flatworks) shall not exceed 32,120 sq.ft. or 25.5%.
The proposed residentil building pad will be 61,679 sq.ft. with 29.5% structural
coverage-accounting for allowable deductions, and includes the guest house.
H. The disturbed area of the lot shall not exceed 56.8% which is currently legal
non-conforming. Grading for this project shall not exceed 50 cubic yards to be balanced
on site.
I. A driveway and a turn-around shall be provided per the Fire Department
requirements.
J. A minimum of five-foot path and/or walkway, which does not have to be
paved, shall be provided around the entire perimeter of all of the proposed structures, or
as otherwise required by the Fire Department.
K. The highest ridgeline of the residence shall not exceed 18'-2" from the
finished grade to the finished surface of the roof, highest point of the cupola at 19'-6"and
chimney at 19'-2". The guest house may not exceed the height of 15'-5" and the chimney
16'-9" and the arbor 9'-3".
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L. The applicant shall comply with all requirements of the Lighting Ordinance
of the City of Rolling Hills (RHMC 17.16.190) pertaining to lighting on said property and
roofing material requirements of properties and all other ordinances and laws of the City
of Rolling Hills.
M. The guest house shall not exceed 799 square feet as measured from the
outside wall. All provisions of Section 17.16.210(A)(5) of the zoning ordinance, shall be
complied with; including, and not be limited to: only one sanitary facility consisting of a
shower, sink, and a toilet and a kitchenette is permitted in the guest house; there shall be
no parking area within 50-feet of the guest house and no renting of the guest house is
permitted. A guest house floor plan shall be submitted to the Planning Department priort
to obtaining a building permit.
N. A grading and drainage plan,as required by the Building Department shall
be prepared and approved by City Staff prior to issuance of a grading permit. Such plan
shall be subject to LA County Code requirements. Hydrology, soils, geology and other
reports, as required by the Building and Public Works Departments, and as may be
required by the Building Official, shall be prepared.
O. All graded slopes shall be landscaped. Prior to issuance of building permit,
a detailed landscaping plan shall be submitted to the City in conformance with Fire
Deparliiient Fuel Modification requirements and shall be subject to the requirements of
the City's Water Efficient Landscape Ordinance, (Chapter 13.18 of the RHMC) and View
Preservation (Chapter 17.26 of the RHMC).
The landscaping plan shall include vegetation and trees, that when planted, to the
maximum extent feasible, screen the development from the adjacent properties;
minimum of 24 inch plant boxes and 15 gallon plants shall be utilized for screening. The
detailed landscaping plan must provide that any trees and shrubs used in the
landscaping scheme for this project shall be planted in a way that screens the
development from adjacent street and neighbors, but as plants grow, they would not
grow into a hedge or impede any neighbors views. The landscaping plan shall utilize to
the maximum extent feasible, plants that are native to the area, are water-wise and are
consistent with the rural character of the community. The project shall be continually
maintained in substantial conformance with the landscaping plan.
P. All utility lines to all structures on the lot shall be placed underground,
subject to all applicable standards and requirements.
Q. Hydrology, soils, geology and other reports, as required by the Building
and Public Works Departments,and as may be required by the Building Official, shall be
prepared.
R. 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.
S. 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
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days prior to commencement of construction and must be removed within 15 calendar
days ot xpiiiion of a building permit., revocation, or tinali7ation(4 the pioject,
T. 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.
U. 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.
V. 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. To the extent feasible, a minimum of 4' wide path, from the edge
of the roadway pavement, for pedestrian and equestrian passage shall be available and
be clear of vehicles, construction materials and equipment at all times. A flagmen shall
be used to direct traffic when necessary, including during delivery of large construction
equipment or materials.
W. 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. Construction work is prohibited during federal holidays.
X. 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:
httpwww.wrh.noaa.goviloximain.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.
Y. The property owners shall be required to conform with the Regional Water
Quality Control Board and County Public Works Department Best Management Practices
(BMP's)requirements related to solid waste,drainage,cisterns,and storm water drainage
facilities,management and to the City's Low Impact development Ordinance (LID).
Further the property owners shall be required to conform to the County Health
Department requirements for a septic system.
Z. Prior to finaling of the project an "as graded" and "as constructed" plans
and certifications, including certifications of ridgelines of the structures, 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/as graded" plan.
AA. 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.
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Resolution No.2019-18
PASSED, APPROVE ND',ADO)TED THIS 9th DAY OF DECEMBER, 2019,
B\AD CHELF, CHAIRMAN
ATTEST:
CITY CLER 1
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.
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Resolution No.2019-18
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS
I certify that the foregoing Resolution No. 2019-18 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW
FOR THE CONSTRUCTION OF A 1,789 SQUARE FOOT HOUSE
ADDITION AND 324 SQUARE FOOT GARAGE ADDITION, AND TO
ATTACH AN EXISTING 978 SQUARE FOOT GUEST HOUSE TO THE
RESIDENCE FOR A TOTAL OF 7,519 SQUARE FOOT RESIDENCE AND
1,030 SQUARE FOOT GARAGE AND GRADING OF 50 CUBIC YARDS OF
DIRT; AND A CONDITIONAL USE PERMIT (CUP) TO CONSTRUCT A
799 SQUARE FOOT GUEST HOUSE IN ZONING CASE NO, 960 AT 13
EASTFIELD DRIVE (BIRKETT).
was approved and adopted at a regular meeting of the Planning Commission on
December 9, 2019 by the following roll call vote:
AYES: CARDENAS, COOLEY,KI ATRICK,SEABURN, AND CHAIRMAN CHELF
NOES: NONE.
ABSENT: NONE.
ABSTAIN: NONE
and in compliance with the laws of California was posted at the following:
Administrative Offices
CITY CLER
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Resolution No.2019-18