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462, Construct a pool in back yard , Staff ReportsHEARING DATE: TO: FROM: APPLICATION NO. SITE LOCATION: ZONING & SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: REQUEST Ci4, 0p2 PP.•,.S JUL INCORPORATED JANUARY 24, 1957 SEPTEMBER 17, 1991 PLANNING COMMISSION LOLA UNGAR, PRINCIPAL PLANNER NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (213) 377-1521 FAX (213) 377-7288 ZONING CASE NO. 462 36 SADDLEBACK ROAD (LOT 12-1-RH) RAS-1, 1.03 ACRES DR. AND MRS. RALPH BLACK KEITH PALMER, A.I.A. AUGUST 10, 1991 A request for a Variance to permit encroachment into the rear yard setback to construct a swimming pool and arbor. BACKGROUND 1. The Planning Commission viewed the area surrounding the proposed pool and arbor on September 5, 1991, to look into neighbors' concerns about future problems of privacy, noise, and lighting. 2. The applicants are requesting a permit to encroach up to 25 feet into the rear yard setback to construct a 754 square foot swimming pool. They are also requesting a permit to encroach up to 13 feet into the rear yard setback to construct an arbor that will be a continuation of the existing roof line of the garage. 3. Access to the driveway will be at the southeast corner of the property. Access to the garage will be from a proposed ten (10) foot driveway at the southeast property line. The driveway and parking coverage in the rear yard total 2,092 square feet or 19.2% (20% permitted). 4. The structural lot coverage proposed is 15.2% (20% permitted) and the total lot coverage proposed is 32.4% (35% permitted). 5. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). RECOMMENDATION It is recommended that the Planning Commission review the proposed project and take public testimony. RESOLUTION NO. 91-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO THE REAR YARD SETBACK FOR A SWIMMING POOL AND ARBOR IN ZONING CASE NO. 462. THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application was duly filed by Dr. and Mrs. Ralph Black with respect to real property located at 36 Saddleback Road, Rolling Hills (Lot 12-1-RH) requesting a Variance to permit the construction of a proposed swimming pool and arbor to encroach into the rear yard setback. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for a Variance on August 20, 1991 and made a field trip visit on July 13, 1991. Section 3. Sections 17.32.010 through 17.32.030 permit approval of a Variance from the standards and requirements of the Zoning Ordinance when exceptional or extraordinary circumstances applicable to the property and not applicable to other similar properties in the same zone prevent the owner from making use of a parcel of property to the same extent enjoyed by similar properties. A Variance to Section 17.16.080 is required to construct a swimming pool in the fifty (50) foot rear yard setback. The applicant is requesting to construct a swimming pool twenty- five (25) feet into the rear yard setback. A. There are exceptional and extraordinary circumstances and conditions applicable to the property and the intended use that do not apply generally to the other property in the same vicinity and zone. The Variance is necessary because there exists topographical constraints and an existing development pattern on the lot that justifies the encroachment. Also, grading will be minimized if the pool is oriented closer to the rear of the lot and away from the street. B. This Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, but which is denied to the property in question. The Variance is necessary because it will permit construction of a pool in the rear yard which is a use allowed on many other properties in the City. C. The granting of this Variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity or zone in which the -property is located. The impact of the pool location will be mitigated by being located adjacent to the existing garage, front of the house and proposed arbor. • • RESOLUTION NO. 91-23 PAGE 2 Section 4. Based upon the foregoing findings, the Planning Commission hereby approves the Variance to permit the construction of a swimming pool to encroach to a maximum of 25 feet into the rear yard setback to a maximum of 25 feet as indicated on the Development Plan attached hereto as Exhibit A subject to the conditions contained in Section 7. Section 5. A Variance to Section 17.16.080 and 17.28.022 is required to construct an arbor in the fifty (50) foot rear yard setback. A. There are exceptional and extraordinary circumstances and conditions applicable to the property and the intended use that do not apply generally to the other property in the same vicinity and zone. The Variance is necessary because there exists topographical constraints that justify the encroachment, in that grading will be minimized if the arbor is oriented closer to the rear of the lot and away from the street. B. This Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, but which is denied to the property in question. The Variance will permit the orientation of the arbor near the proposed pool, thereby grouping these outdoor recreational structures together, so as to facilitate permitted recreational uses of the property. C. The granting of this Variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity or zone in which the property is located. With the conditions imposed, construction of the arbor in the rear yard setback will not impinge upon the views or privacy of surrounding residents. Section 6. Based upon the foregoing findings, the Planning Commission. hereby approves the Variance to encroach into the rear yard setback to a maximum of 13 feet for an arbor as indicated on the Development Plan attached hereto as Exhibit A subject to the conditions contained in Section 7. Section 7. The Variance to the rear yard setback approved in Sections 4 and 6 as indicated on the Development Plan attached hereto and incorporated herein as Exhibit A, is subject to the following conditions: A. The Variance shall expire unless used within one year from the effective date of approval as defined in Section 17.32.110 of the Municipal Code. • • RESOLUTION NO. 91-23 PAGE 3 B. It is declared and made a condition of the Variance approval, that if any conditions thereof are violated, the Permit shall be suspended and the privileges granted thereunder shall lapse; provided that the applicant has been given written notice to cease such violation and has failed to do so for a period of thirty (30) days. C. All requirements of 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. The lot shall be developed and maintained in substantial conformance with the Development Plan on file marked Exhibit A except as otherwise provided in these conditions. E. Prior to the submittal of an applicable final grading plan to the County of Los Angeles for plan check, a detailed grading and drainage plan with related geology, soils and hydrology reports that conform to the development plan as approved by the Planning Commission must be submitted to the Rolling Hills Planning Department staff for their review. Cut and fill slopes must conform to the City of Rolling Hills standard of 2 to 1 slope ratio. F. A preliminary landscape plan must be submitted to and approved by the City of Rolling Hills Planning Department staff prior to the issuance of any grading and building permit. The landscaping plan submitted must comply with, the purpose and intent of the Site Plan Review Ordinance, shall incorporate existing mature trees and native vegetation, and shall utilize to the maximum extent feasible, plants that are native to the area and/or consistent with the rural character of the community. A bond in the amount of the cost estimate of the implementation of the landscaping plan plus 15% shall be required to be posted prior to issuance of a grading and building permit and shall be retained with the City for not less than two years after landscape installation. The retained bond will be released by the City Manager after the City Manager determines that the landscaping was installed pursuant to the landscaping plan as approved, and that such landscaping is properly established and in good condition. G. The landscaping plan shall incorporate dense plant materials to screen the arbor and pool from adjacent residences. e • RESOLUTION NO. 91-23 PAGE 4 H. Mechanical equipment required by the proposed pool shall be located as far away as reasonably feasible from neighboring properties, subject to City staff approval. The final and approved location of such mechanical equipment shall be delineated on the development plan prior to the submittal of any grading or building plans to the County of Los Angeles. I. The project must be reviewed and approved by the Rolling Hills Community Association Architectural Review Committee prior to the issuance of any building or grading permit. J. The working drawings submitted to the County Department of Building and Safety for plan check review must conform to the development plan approved with this application. K. Any modifications to the project which would constitute a modification to the development plan as approved by the Planning Commission shall require the filing of an application for modification of the Zoning Case pursuant to Section 17.34.070 of the Rolling Hills Municipal Code. L. The applicant shall execute an Affidavit of Acceptance of all conditions of this Variance, pursuant to Section 17.32.087, or the approval shall not be effective. M. All conditions of this Variance approval, except for the maintenance requirement of Paragraph D, must be complied with prior to the issuance of a building or grading permit from the County of Los Angeles. PASSED, APPROVED AND ADOPTED THIS 17TH DAY OF SEPTEMBER, 1991. ALLAN ROBERTS, CHAIRMAN ATTEST: DIANE SAWYER, DEPUTY CITY CLERK • • RESOLUTION NO. 91-23 PAGE 5 The foregoing Resolution No. 91-23 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A. VARIANCE TO THE REAR YARD SETBACK FOR A SWIMMING POOL AND ARBOR IN ZONING CASE NO. 462. was approved and adopted at a regular meeting of the Planning Commission on September 17, 1991 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: DEPUTY CITY CLERK S i HEARING DATE: TO: FROM: APPLICATION NO. SITE LOCATION: ZONING & SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: Cry 0/ {? PP,.9 JhN REQUEST: A request BACKGROUND INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (213) 377-1521 FAX: (213) 377-7288 AUGUST 20, 1991 PLANNING COMMISSION LOLA UNGAR, PRINCIPAL PLANNER ZONING CASE NO. 462 36 SADDLEBACK ROAD (LOT 12-1-RH) RAS-1, 1.03 ACRES DR. AND MRS. RALPH BLACK KEITH PALMER, A.I.A. AUGUST 10, 1991 for a Variance to permit encroachment into the rear yard setback to construct a swimming pool and arbor. In reviewing the applicant's request under Title 17 (Zoning), staff would identify the following issues for evaluation: 1. The applicants are requesting a permit to encroach up to 25 feet into the rear yard setback to construct a 754 square foot swimming pool. They are also requesting a permit to encroach up to 13 feet into the rear yard setback to construct an arbor that will be a continuation of the existing roof line of the garage. 2. The existing house and attached garage were built in 1974. 3. Excavation for the swimming pool will not require a grading permit. 4. Access to the driveway will be at the southeast corner of the property. Access to the garage will be from a proposed ten (10) foot driveway at the southeast property line. The driveway and parking coverage in the rear yard total 2,092 square feet or 19. 2 % (20% permitted) . 5. The structural lot coverage proposed is 15.2% (20% permitted) and the total lot coverage proposed is 32.4% (35% permitted). 6. This project had been overlooked by previous Planning staff and came to our attention after it had completed Community Association review. • • ZONING CASE NO. 462 PAGE 2 RECOMMENDATION It is recommended that the Planning Commission review the proposed plans and take public testimony.