919, New pool & spa, Staff Reports• •
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INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
Agenda Item No. 6C
Mtg. Date: 04-18-17
TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING
COMMISSION
FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR
JULIA STEWART, ASSISTANT PLANNER
APPLICATION NO. ZONING CASE NO. 919
SITE LOCATION: 7 MIDDLERIDGE LANE SOUTH (LOT 249-A-UR) -
RESOLUTION OF APPROVAL
ZONING AND SIZE: RAS-2, 3.48 ACRES (EXCL. ROADWAY EASEMENT)
APPLICANT: KIM MCCARTHY AND BENJAMIN CHENG
REPRESENTATIVE: LEONARDO UMANSKY, VIEW SITE DEVELOPMENT
PUBLISHED: MARCH 9, 2017 & APRIL 6, 2017
REQUEST AND PLANNING COMMISSION ACTION
Applicant Request
Site Plan Review
The applicant is requesting a Site Plan Review for construction of a 1,000 square foot
swimming pool and spa. There is an existing 855 square foot pool and spa. The longer
dimensions and larger size of the new proposed pool will allow for lap swimming. The
pool equipment area will be 60 square feet fully enclosed by a 5 foot wall with the
opening toward the interior of the property and will also be located in the front yard
area on the eastern side of the property.
Variance
In June of 2016, the applicant underwent administrative review of a residential addition
of 972 square feet. The applicant is securing permits for the residential addition from
the Los Angeles County Building and Safety Department. The addition alters the
leading edge of the residence reducing the size of the front yard area. However, the new
proposed pool has dimensions that push a portion of the pool into the front yard area.
The pool equipment area is also proposed in the front yard area. The zoning code
ZC NO. 919 7 Middleridge Lane South
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prohibits construction in the front yard without a variance. Thus, construction of the
newly proposed pool and pool equipment area enclosure requires a variance.
Planning Commission Review
The project was initially presented to the Planning Commission at a field trip conducted
for the project on March 21, 2017 with additional review and discussion at the evening
Planning Commission meeting held on that same date. After review and discussion of
revisions to the project, the Planning Commission directed staff to prepare a Resolution
of approval with a special condition of approval, and subject to noticing the variance for
location of the pool equipment area in the front yard. Such notice was timely published
in the newspaper and mailed to residents within 1,000' radius of subject property.
Special Condition of Approval
At the March 21, 2017 evening Planning Commission meeting, the Commission
requested that the following special considerations be included in the preparation of the
Resolution of approval:
• Pool Equipment must be fully enclosed by 5 foot wall on all sides with the
opening facing the interior of the property, toward the residence and pool area,
and away from the closest neighbor residence and shall utilize the most quiet
and technologically advanced equipment to dampen the sound.
This condition is specific to this project and is included in the draft Resolution together
with the standard findings of facts and conditions of approval.
Recommendation
It is recommended that the Planning Commission review and consider the attached
Resolution 2017-06 for adoption.
ZC No. 919 7 Middleridge Lane South
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RESOLUTION NO. 2017-06
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW AND
VARIANCE FOR A 1,000 SQUARE FOOT POOL/SPA, POOL EQUIPMENT
ENCLOSURE, AND TO LOCATE THE STRUCTURES IN THE FRONT YARD OF
THE LOT IN ZONING CASE NO. 919 AT 7 MIDDLERIDGE LANE SOUTH,
(LOT 249-A-UR), (MCCARTHY/CHENG).
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 Mr. Benjamin Cheng with respect
to real property located at 7 Middleridge Lane South, (Lot 249-A-UR), Rolling Hills, CA
requesting a Site Plan Review for a 1,000 square foot pool and spa, and Variance to
locate the pool, spa and pool equipment enclosure in the front yard area, (pursuant to
City's Zoning Ordinance, no structures are permitted in front of the leading edge of the
residence). The pool equipment enclosure will be fully enclosed with the opening facing
the interior of the property.
Section 2. The Planning Commission conducted duly noticed public hearings
to consider the application on March 21, 2017, and April 18, 2017 at regular Planning
Commission meetings, and in the field also on March 21, 2017. The applicants were
notified of the public hearings in writing by first class mail. Evidence was heard and
presented from all persons interested in affecting said proposal and from members of
the City staff and the Planning Commission having reviewed, analyzed and studied
said proposal. The applicants' representative was in attendance at the public hearings.
One neighbor reviewed the plans after the March 21, 2017 meeting. The Planning
Commission reviewed the previous proposed pool equipment area which was
partially enclosed on 2 sides and faced the neighboring property. As a result of noise
concerns, the Planning Commission added a special condition that the pool equipment
area must be fully enclosed with the opening facing the interior of the property with
walls no greater than 5 feet in height.
Section 3. The property is zoned RAS-2 and the gross lot area is 3.48 acres
(excluding the roadway easement). The net lot area is 3.4 acres or 148,104 square feet.
The existing property is currently developed with a 4,095 square foot residence
(including the approved addition) with a 489 square foot garage, and a 332 square foot
stable. There is also an existing swimming pool on the property which will be partially
filled in with the remaining portion of existing pool excavation being used for the new
pool. The new proposed pool enables lap swimming.
Section 4. The project is exempt from the California Environmental Quality
Act (CEQA) pursuant to Section 15303, Class 3 exemption Guidelines.
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7 Middleridge Lane South
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Section 5. A Site Plan Review is required subject to Section 17.46.020 of the
Zoning Ordinance, in that the proposed pool/spa is larger than 800 square feet (which
could be approved administratively) and it includes pool equipment. With respect to
the Site Plan Review application for the pool/spa, and pool equipment area enclosure,
the Planning Commission makes the following findings of fact:
A. The proposed development is compliant with all requirements of the
Zoning Ordinance except as approved herein a Variance, and is compatible with the
General Plan and surrounding uses because the proposed project is consistent with
goals and policies that require low profile, low -density residential development with
sufficient open space between surrounding structures. The pool/spa, and pool
equipment area enclosure will be situated to ensure they are not obtrusive to
neighbors, will be screened from view, and the pool equipment enclosure opening is
located in an area that will not create additional noise toward neighboring properties.
There is a poo and pool equipment area already in the general location of the proposed
development, and the additional square footage of the new pool is minimal. To
address City staff and Planning Commissioner's concerns, the applicant reduced the
size of the pool equipment enclosure wall from six feet to five, fully enclosed the
equipment, and oriented the opening toward the interior of the property.
B. The development plan substantially preserves the natural and
undeveloped state of the lot because the required grading has been carefully
considered, and the orientation and the location of the structures allows them to be
incorporated into the natural slope on the lot. The construction will not adversely
affect or be materially detrimental to the adjacent uses, buildings, or structures
because the proposed improvements will be constructed on a portion of the lot which
is least intrusive to surrounding properties, will be screened and landscaped with
vegetation and is of sufficient distance from nearby residences so that the proposed
project will not impact the view or privacy of surrounding neighbors.
C. The proposed development, as conditioned, is harmonious in scale and
mass with the site, the natural terrain and surrounding residences. The proposed
project is consistent with the scale of homes in the surrounding RAS-2 similarly zoned
neighborhood. The proposed project entails construction of a pool/spa, and accessory
structure for the purpose of enhancing and facilitating outdoor living on the site, a
common residential amenity enjoyed by property owners throughout the City.
D. The development plan generally follows natural contours of the site to
the maximum extent practicable to accomplish groomed and usable areas of the lot,
subject to concurrent approval of Variance pursuant to Section 6 of this resolution.
E. Natural drainage courses will not be affected by the project. The project
preserves and integrates into the site design existing topographic features by placing
the new pool/spa on a previously constructed pad where little to no grading will be
required. The Pool pad will be located on a previously disturbed area and the pool
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equipment enclosure does not require grading. There is no remaining vegetation in
the location of development due to previous grading and construction.
F. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because there is a
minimum of a five foot walkable area surrounding all structures to comply with Fire
Department requirements.
Section 6. Sections 17.38.010 through 17.38.050 of the Rolling Hills
Municipal Code permit approval of a Variance granting relief from the standards and
requirements of the Zoning Ordinance when exceptional or extraordinary
circumstances applicable to the property prevent the owner from making use of a
parcel of property to the same extent enjoyed by similar properties in the same
vicinity or zone. In proposing to locate the pool, spa and pool equipment area
enclosure in the front yard area, a Variance is required to grant relief from the
following Sections of the Zoning Ordinance: 17.16.200.G.1. (no structures shall be
located in the front yard). With respect to the aforementioned request for a Variance,
the Planning Commission finds as follows:
A. There are exceptional circumstances and conditions on the subject
property as follows:
Regarding the requested variance from Section 17.16.200.G.1. to locate the
proposed structures in the front yard area of the lot, the property was previously
developed with a pool located in the front yard area. A new pool and accessory
structure for the equipment are being proposed to allow dimensions for lap
swimming. Some of the newly proposed pool overlaps with the existing pool in the
front yard area. The lot is shaped in a manner where the technical front yard area is
actually located behind the existing residence.
B. The variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property owners in the same vicinity
and zone but which is denied to the property in question by strict application of the
code. The property right which otherwise would be enjoyed is the ability to utilize a
portion of their front yard with a pool for lap swimming which currently cannot be
enjoyed due to the existing configuration of the pool. The proposed location of the
pool/spa and corresponding pool equipment structure are the least visually intrusive
to the property and its neighbors.
C. The granting of the Variance would not be materially detrimental to the
public welfare or injurious to the properties or improvements in such vicinity and
zone in which the property is located in that the proposed pool/spa and accessory
structure are all unobtrusive. Further, the majority of the proposed structures would
not be visible from the adjoining street or private properties and therefore are not
expected to result in any visual or privacy impacts.
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7 Middleridge Lane South
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D. In granting of the Variance the spirit and intent of the Zoning Ordinance
will be observed in that the proposed pool/spa and equipment enclosure will be
orderly, attractive, and will not affect the rural character of the community. The
subject proposed structures are in the front of the property and will not impact the
stable and corral area and the proposed pool/spa will enhance the use of the existing
structures and previously approved residential addition.
E. The Variance request is consistent with the General Plan of the City of
Rolling Hills because the proposed structures comply with the General Plan
requirement of low profile, low -density residential development with sufficient open
space between surrounding structures. The property is located on an existing
residential pad where is unlikely that neighbors will be able to see the proposed
structures and the pool equipment area will be fully enclosed.
F. The Variance is consistent with the portions of the County of Los
Angeles Hazardous Waste Management Plan relating to siting and siting criteria for
hazardous waste facilities.
Section 7. Based upon the foregoing findings, the Planning Commission
hereby approves the Site Plan Review and Variance in Zoning Case No. 919 for a new
pool/spa, and pool equipment area enclosure and to locate the structures in the front
yard, subject to the following conditions:
A. The Site Plan, and Variance Permit approval shall expire within two
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, and
17.38.070 of the Rolling Hills Municipal Code, 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
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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 Rolling Hills Municipal
Code (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.
The lot shall be developed and maintained in substantial conformance with the site
plan on file dated March 28, 2017, except as otherwise provided in these conditions.
The working drawings submitted to the Department of Building and Safety for plan
check review must conform to the development plan approved with this application.
A copy of the conditions of this Resolution shall be printed on plans approved when a
building permit is issued and a copy of such approved plans, including conditions of
approval, shall be available on the building site at all times.
The 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 including conformance with all
of the conditions set forth therein and the City's Building Code and Zoning Ordinance.
Further, the person obtaining a building 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.
D. The total overall lot coverage of the net lot area shall not exceed 23,095
square feet or 15.6%.
E. The total structural coverage of the net lot shall not exceed 6,632 square
feet or 4.5%.
F. The disturbed area of the lot shall not exceed 26,605 square feet or 18%
(of net lot area).
G. At any time there are horses on the property, Best
Management Practices (BMPs) shall be applied for manure control, including but not
be limited to removal of the manure on a daily basis or provision of a receptacle with a
tight closing lid that is constructed of brick, stone, concrete, metal or wood lined with
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metal or other sound material and that is safeguarded against access by flies. The
contents of said receptacles shall be removed once a week. It is prohibited to dispose of
manure or any animal waste into the Municipal Separate Storm Sewer
System (MS4) or into natural drainage course.
H. A minimum of five-foot level path and/or walkway, which does not
have to be paved, shall be provided around the entire perimeter of the pool and
decking.
I. The property shall be maintained free of dead trees and vegetation
J. The swimming pool shall not exceed 1,000 square feet. Per LA County
Building Code, a pool barrier and/or fencing shall be required for the pool.
K. A drainage plan, as required by the Building Department shall be
prepared and approved by City Staff prior to issuance of a construction permit. Such
plan shall be subject to LA County Code requirements.
L. The pool equipment area shall be fully enclosed by a five foot wall with
the opening to the interior of the property, facing the property residence and and shall
utilize the most quiet and technologically advanced equipment to dampen the sound.
M. 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.
N. During construction, all parking shall take place on the project site and, if
necessary, any overflow parking shall take place within the unimproved roadway
easements on the southside of Hillside Lane adjacent to project site only, and shall not
obstruct neighboring driveways. During construction, to the maximum extent feasible,
employees of the contractor shall car-pool into the City.
O. 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.
P. 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 and storm water
management and comply with the City's Low Impact development Ordinance (LID), if
applicable.
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Q. A minimum of 65% of the construction material spoils shall be recycled
and diverted. The hauler shall provide the appropriate documentation to the City.
R. All graded areas shall be landscaped. In addition, the swimming pool,
spa and pool equipment area shall be screened from the neighbors and a landscaping
plan shall be submitted to the City for review and approval. If landscaping of 5,000
square foot area or greater is introduced or redeveloped, the landscaping shall be
subject to the requirements of the City's Water Efficient Landscape Ordinance. Any
plants introduced for this project shall not grow into a hedge but be offset and shall not
exceed the ridgeline of the recreation room. The landscaping plan shall utilize to the
maximum extent feasible, plants that are native to the area and are consistent with the
rural character of the community.
S. The project must be reviewed and approved by the Rolling Hills
Community Association (RHCA) Architectural Review Committee. Perimeter
easements and trails, if any, shall remain free and clear of any improvements
including, but not be limited to fences -including construction fences, any hardscape,
driveways, landscaping, irrigation and drainage devices, except as otherwise approved
by the RHCA.
T. 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:
http //www.wrh.noaa.gov/Iox/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.
U. All requirements of the Building and Construction Code, the Zoning
Code, and of the zone in which the subject property is located must be complied with,
including the Outdoor Lighting Ordinance.
V. Prior to finaling of the project an "as graded" and an "as constructed"
plans and certifications 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.
W. Until the applicants execute an Affidavit of Acceptance of all conditions
of this approval, the approvals shall not be effective. Such affidavit shall be recorded
together with the resolution.
PASSED, APPROVED AND ADOPTED THIS 18th DAY OF APRIL 2017.
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BRAD CHELF, CHAIRMAN
ATTEST:
HEIDI LUCE, CITY CLERK
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.
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2017-06 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW AND
VARIANCE FOR A 1,000 SQUARE FOOT POOL/SPA, POOL EQUIPMENT
ENCLOSURE, AND TO LOCATE THE STRUCTURES IN THE FRONT YARD OF
THE LOT IN ZONING CASE NO. 919 AT 7 MIDDLERIDGE LANE SOUTH,
(LOT 249-A-UR), (MCCARTHY/CHENG).
was approved and adopted at a regular meeting of the Planning Commission on
April 18, 2017, by the following roll call vote:
AYES:
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7 Middleridge Lane South 8
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NOES:
ABSENT:
ABSTAIN:
and in compliance with the laws of California was posted at the following:
Administrative Offices.
CITY CLERK
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7 Middleridge Lane South 9
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TO:
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INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
Agenda Item No. FT 4C
Mtg. Date: 03-21-17
HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING
COMMISSION
FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR
JULIA STEWART, ASSISTANT PLANNER
APPLICATION NO.
SITE LOCATION:
ZONING AND SIZE:
APPLICANT:
REPRESENTATIVE:
PUBLISHED:
ZONING CASE NO. 919
7 MIDDLERIDGE LANE SOUTH (LOT 249-A-UR)
RAS-2, 3.48 ACRES (EXCL. ROADWAY EASEMENT)
KIM MCCARTHY AND BENJAMIN CHENG
LEONARDO UMANSKY, VIEW SITE DEVELOPMENT
MARCH 9, 2017
PROTECT DESCRIPTION AND BACKGROUND
The Project
The applicant is proposing construction of a new 20 x 50 foot swimming pool, spa and
pool equipment area. This new construction will require partial demolition of the
existing swimming pool and spa.
Site Plan Review
The applicant is requesting a Site Plan Review for construction of a 1,000 square foot
swimming pool and spa. There is an existing 855 square foot pool and spa. The longer
dimensions and larger size of the new proposed pool will allow for lap swimming. The
pool equipment area will be 60 square feet with a 5 foot wall partial enclosure and will
also be located in the front yard area on the eastern side of the property.
Variance
In June of 2016, the applicant underwent administrative review of a residential addition
of 972 square feet. Approval of the addition was granted at the counter. The applicant is
securing permits for the residential addition from the Los Angeles County Building and
Safety Department. The addition alters the leading edge of the residence reducing the
size of the front yard area. However, the new proposed pool has dimensions that
ZC NO. 919 7 Middleridge Lane South
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pushes a portion of it into the front yard area. The pool equipment area is also proposed
in the front yard area. The zoning code prohibits construction in the front yard without
a variance. Thus, construction of the newly proposed pool and pool equipment area
requires a variance.
Recommendation
It is recommended that the Planning Commission view the project in the field, open the
public hearing, take brief public testimony and continue the meeting to the evening
meeting of the Planning Commission or provide other direction to staff.
Zoning, Land Size and Existing Conditions
The property is zoned RAS-2 and the lot area excluding the roadway easement is 3.48
acres. For development purposes the net lot area of the lot is 148,104 square feet. The
residence is a 4,095 square foot house with a 489 square foot garage. This square footage
includes the previously approved residential addition. The existing swimming pool and
spa are 855 square feet. There is also an existing stable and corral. However, the existing
stable is only 332 square feet and a set aside of 450 square foot stable and 550 square
foot corral is required before a pool and spa can be approved. Thus, the applicant is
including in the proposal a representation of a future stable and corral that will account
for additional set aside to supplement the existing area in order to meet this
requirement.
MUNICIPAL CODE COMPLIANCE
Grading, Structural and Total Lot Coverage
Construction activities will include pool excavation of 185 cubic yards overall. No dirt
will be exported. Some of the existing pool depth will enable less overall excavation for
the new pool due to partial overlap in location. The overall grading will be balanced
with the excavated dirt forming the slope that will come up to the patio area
surrounding the pool. The total overall coverage of the net lot area will be 17.4%, well
under the 35% maximum allowed. The structural coverage of the net lot including all
the structures and the future stable will be 6,632 square feet or 4.5%. The future stable
set aside is proposed to total 450 square feet as an addition to the existing 332 square
foot stable. The coverage and disturbance calculations include the future stable and
corral.
Disturbance
The proposed project will result in 17.9% or 23,095 square feet of overall disturbed area.
This is under the 40% maximum disturbance allowance. The disturbance calculation
includes the stable and corral set aside.
Stable Requirements
The set asides for the stable and corral do not require a conditional use permit unless they are
proposed to be constructed. Additional construction of stable and corral square footage are not
proposed with this permit and therefore, are not part of the review included in this
ZC No. 919 7 Middleridge Lane South 2
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application. The applicant shows an area set aside for a future stable and corral but have only
included the required set aside square footages for purposes of calculating coverages for this
permit.
Rolling Hills Community Association Review
Rolling Hills Community Association will review this project at a later date.
Planning Commission Responsibilities
When reviewing a development application, the Planning Commission must consider
whether the proposed project meets the criteria for a Site Plan Review and Variance, as
attached below.
Environmental Review
The project has been determined to be categorically exempt pursuant to the California
Environmental Quality Act (CEQA).
SITE PLAN REVIEW CRITERIA
17.46.010 Purpose.
The site plan review process is established to provide discretionary review of certain
development projects in the City for the purposes of ensuring that the proposed project is
consistent with the City's General Plan; incorporates environmentally and aesthetically
sensitive grading practices; preserves existing mature vegetation; is compatible and consistent
with the scale, massing and development pattern in the immediate project vicinity; and
otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills.
17.46.050 Required findings.
A. The Commission shall be required to make findings in acting to approve,
conditionally approve, or deny a site plan review application.
B. No project which requires site plan review approval shall be approved by the
Commission, or by the City Council on appeal, unless the following findings can be made:
1. The project complies with and is consistent with the goals and
policies of the general plan and all requirements of the zoning ordinance;
2. The project substantially preserves the natural and undeveloped
state of the lot by minimizing building coverage. Lot coverage requirements are regarded as.
maximums, and the actual amount of lot coverage permitted depends upon the existing
buildable area of the lot;
3. The project is harmonious in scale and mass with the site, the
natural terrain and surrounding residences;
4. The project preserves and integrates into the site design, to the
greatest extent possible, existing topographic features of the site, including surrounding native
vegetation, mature frees, drainage courses and land forms (such as hillsides and knolls);
5. Grading has been designed to follow natural contours of the site
and to minimize the amount of grading required to create the building area;
6. Grading will not modify existing drainage channels nor redirect
drainage flow, unless such flow is redirected into an existing drainage course;
7. The project preserves surrounding native vegetation and mature
trees and supplements these elements with drought -tolerant landscaping which is compatible
ZC No. 919 7 Middleridge Lane South
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with and enhances the rural character of the community, and landscaping provides a buffer or
transition area between private and public areas;
8. The project is sensitive and not detrimental to the convenient and
safe movement of pedestrians and vehicles; and
9. The project conforms to the requirements of the California
Environmental Quality Act.
CRITERIA FOR VARIANCES
17.38.050 Required findings. In granting a variance, the Commission (and Council on appeal)
must make the following findings:
A. That there are exceptional or extraordinary circumstances or conditions applicable to
the property that do not apply generally to other properties in the same vicinity and
zone;
B. That such variance is necessary for the preservation and enjoyment of substantial
property rights possessed by other properties in the same vicinity and zone but which is
denied the property in question;
C. That the granting of such variance will not be materially detrimental to the public
welfare or injurious to properties or improvements in the vicinity;
D. That in granting the variance, the spirit and intent of this title will be observed;
E. That the variance does not grant special privilege to the applicant;
F. That the variance is consistent with the portions of the County of Los Angeles
Hazardous Waste Management Plan relating to siting and siting criteria for hazardous
waste facilities; and
G. That the variance request is consistent with the general plan of the City of Rolling
Hills.
SOURCE: City of Rolling Hills Zoning Ordinance
ZC No. 919 7 Middleridge Lane South
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INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-728B
Agenda Item No. 8D
Mtg. Date: 03-21-17
TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING
COMMISSION
FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR
JULIA STEWART, ASSISTANT PLANNERS
APPLICATION NO.
SITE LOCATION:
ZONING AND SIZE:
APPLICANT:
REPRESENTATIVE:
PUBLISHED:
ZONING CASE NO. 919
7 MIDDLERIDGE LANE SOUTH (LOT 249-A-UR)
RAS-2, 3.48 ACRES (EXCL. ROADWAY EASEMENT)
KIM MCCARTHY AND BENJAMIN CHENG
LEONARDO UMANSKY, VIEW SITE DEVELOPMENT
MARCH 9, 2017
PROJECT DESCRIPTION AND BACKGROUND
The Project
The applicant is proposing construction of a new 20 x 50 foot swimming pool, spa and
pool equipment area. This new construction will require partial demolition of the
existing swimming pool and spa.
Site Plan Review
The applicant is requesting a Site Plan Review for construction of a 1,000 square foot
swimming pool and spa. There is an existing 855 square foot pool and spa. The longer
dimensions and larger size of the new proposed pool will allow for lap swimming. The
pool equipment area will be 60 square feet with a 5 foot wall partial enclosure and will
also be located in the front yard area on the eastern side of the property.
Variance
In June of 2016, the applicant underwent administrative review of a residential addition
of 972 square feet. Approval of the addition was granted at the counter. The applicant is
securing permits for the residential addition from the Los Angeles County Building and
Safety Department. The addition alters the leading edge of the residence reducing the
size of the front yard area. However, the new proposed pool has dimensions that
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pushes a portion of it into the front yard area. The pool equipment area is also proposed
in the front yard area. The zoning code prohibits construction in the front yard without
a variance. Thus, construction of the newly proposed pool and pool equipment area
requires a variance.
Field Trip
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
Commission. It is recommended that the Planning Commission continue the public
hearing and provide direction to staff.
Zoning, Land Size and Existing Conditions
The property is zoned RAS-2 and the lot area excluding the roadway easement is 3.48
acres. For development purposes the net lot area of the lot is 148,104 square feet. The
residence is a 4,095 square foot house with a 489 square foot garage. This square footage •
includes the previously approved residential addition. The existing swimming pool and
spa are 855 square feet. There is also an existing stable and corral. However, the existing
stable is only 332 square feet and a set aside of 450 square foot stable and 550 square
foot corral is required before a pool and spa can be approved. Thus, the applicant is
including in the proposal a representation of a future stable and corral that will account
for additional set aside to supplement the existing area in order to meet this
requirement.
MUNICIPAL CODE COMPLIANCE
Grading, Structural and Total Lot Coverage
Construction activities will include pool excavation of 185 cubic yards overall. No dirt
will be exported. Some of the existing pool depth will enable less overall excavation for
the new pool due to partial overlap in location. The overall grading will be balanced
with the excavated dirt forming the slope that will come up to the patio area
surrounding the pool. The total overall coverage of the net lot area will be 17.4%, well
under the 35% maximum allowed. The structural coverage of the net lot including all
the structures and the future stable will be 6,632 square feet or 4.5%. The future stable
set aside is proposed to total 450 square feet as an addition to the existing 332 square
foot stable. The coverage and disturbance calculations include the future stable and
corral.
Disturbance
The proposed project will result in 17.9% or 23,095 square feet of overall disturbed area.
This is under the 40% maximum disturbance allowance. The disturbance calculation
includes the stable and corral set aside.
Stable Requirements
The set asides for the stable and corral do not require a conditional use permit unless they are
proposed to be constructed. Additional construction of stable and corral square footage are not
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proposed with this permit and therefore, are not part of the review included in this
application. The applicant shows an area set aside for a future stable and corral but have only
included the required set aside square footages for purposes of calculating coverages for this
permit.
Rolling Hills Community Association Review
Rolling Hills Community Association will review this project at a later date.
Planning Commission Responsibilities
When reviewing a development application, the Planning Commission must consider
whether the proposed project meets the criteria for a Site Plan Review and Variance, as
attached below.
Environmental Review
The project has been determined to be categorically exempt pursuant to the California
Environmental Quality Act (CEQA).
SITE PLAN REVIEW CRITERIA
17.46.010 Purpose.
The site plan review process is established to provide discretionary review of certain
development projects in the City for the purposes of ensuring that the proposed project is
consistent with the City's General Plan; incorporates environmentally and aesthetically
sensitive grading practices; preserves existing mature vegetation; is compatible and consistent
with the scale, massing and development pattern in the immediate project vicinity; and
otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills.
17.46.050 Required findings.
A. The Commission shall be required to make findings in acting to approve,
conditionally approve, or deny a site plan review application.
B. No project which requires site plan review. approval shall be approved by the
Commission, or by the City Council on appeal, unless the following findings can be made:
1. The project complies with and is consistent with the goals and
policies of the general plan and all requirements of the zoning ordinance;
2. The project substantially preserves the natural and undeveloped
state of the lot by minimizing building coverage. Lot coverage requirements are regarded as
maximums, and the actual amount of lot coverage permitted depends upon the existing
buildable area of the lot;
3. The project is harmonious in scale and mass with the site, the
natural terrain and surrounding residences;
4. The project preserves and integrates into the site design, to the
greatest extent possible, existing topographic features of the site, including surrounding native
vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls);
5. Grading has been designed to follow natural contours of the site
and to minimize the amount of grading required to create the building area;
6. Grading will not modify existing drainage channels nor redirect
drainage flow, unless such flow is redirected into an existing drainage course;
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7. The project preserves surrounding native vegetation and mature
trees and supplements these elements with drought -tolerant landscaping which is compatible
with and enhances the rural character of the community, and landscaping provides a buffer or
transition area between private and public areas;
8. The project is sensitive and not detrimental to the convenient and
safe movement of pedestrians and vehicles; and
9. The project conforms to the requirements of the California
Environmental Quality Act.
CRITERIA FOR VARIANCES
17.38.050 Required findings. In granting a variance, the Commission (and Council on appeal)
must make the following findings:
A. That there are exceptional or extraordinary circumstances or conditions applicable to
the property that do not apply generally to other properties in the same vicinity and
zone;
B. That such variance is necessary for the preservation and enjoyment of substantial
property rights possessed by other properties in the same vicinity and zone but which is
denied the property in question;
C. That the granting of such variance will not be materially detrimental to the public
welfare or injurious to properties or improvements in the vicinity;
D. That in granting the variance, the spirit and intent of this title will be observed;
E. That the variance does not grant special privilege to the applicant;
F. That the variance is consistent with the portions of the County of Los Angeles
Hazardous Waste Management Plan relating to siting and siting criteria for hazardous
waste facilities; and
G. That the variance request is consistent with the general plan of the City of Rolling
Hills.
SOURCE: City of Rolling Hills Zoning Ordinance
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