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714 & 718, Construct a pool within front , Resolutions & Approval ConditionsRESOLUTION NO. 2005-36 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A VARIANCE TO RETAIN A PREVIOUSLY CONSTRUCTED STORAGE SHED LOCATED IN THE FRONT SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 718, LOCATED AT 7 QUAIL RIDGE ROAD NORTH, (LOT 108-RH), (CHILLINGWORTH). 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. and Mrs. William Chillingworth with respect to real property located at 7 Quail Ridge North, Rolling Hills (Lot 108-RH) requesting a Variance to retain a previously constructed 215 square foot storage shed which is located in the front setback. Section 2. The Planning Commission conducted duly noticed public hearing to consider the application on November 15, 2005. The applicants were notified of the public hearing 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. The Planning Commission did not conduct a field trip to view the subject project because the Commissioners are familiar with the site as they visited the property a month earlier when an application for a swimming pool was submitted. Section 3. A 215 square foot storage structure exists on the property in the front setback. No building permits or other records were found to determine when the structure was constructed, and therefore, the structure is considered unauthorized and nonconforming. The applicants therefore are seeking a Variance to retain the structure in the front setback. Section 4. The Planning Commission finds that the project is exempt from environmental review under the California Environmental Quality Act. Section 5. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code 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 in the same vicinity. A Variance to Section 17.16.110 is required because it states that every lot shall have a front setback of not less than 50 feet from the roadway easement, which must be clear to the sky. The applicant is requesting a Variance to retain an existing structure in the front setback. With respect to this request for a Variance, the Planning Commission finds as follows: 1nnG_z4 1 A. There are exceptional and extraordinary circumstances and conditions applicable to the property that do not apply generally to the other properties or class of use in the same zone. The lot size and configuration, together with the existing development on the lot creates difficulty in meeting the front setback Code requirements. Although the subject parcel is large, (5.53 acres net) only approximately 13,440 square feet of the lot is level and suitable for development without grading. Most of this level area is already developed with the single family residence. There is another level area below (to the west of) the residential building pad, which was required to be set aside for a future stable and corral. Approximately one-third of the existing residence is located in the front setback, not leaving adequate space for other accessory structures, except on the flat portion in the front setback, and in the area of the driveway, where this structure is located. B. The 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. This structure has been constructed prior the current property owners acquiring the property, is not visible from the right -of way or neighboring properties and it is used for storage. Approximately one-third of the existing residence is located in the front setback, not leaving adequate space for other accessory structures, except on the flat portion in the front setback, and in the area of the driveway, where this structure is located. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. This structure has been constructed prior the current property owners acquiring the property, is not visible from the right -of way or neighboring properties and it is used for storage only. With the proposed construction of a pool, this storage shed could potentially be used for the pool equipment, which would eliminate the need to construct another shed on the property. The structural lot coverage, the total lot coverage and the disturbed area of the lot are within the development standard requirements of the City's Zoning Code. D. As required by the zoning ordinance, an adequate and suitable area for development of a stable and corral has been set aside, which when constructed would not require grading. Section 6. Based upon the foregoing findings, the Planning Commission hereby approves the Variance for Zoning Case No. 718 to allow the unauthorized and nonconforming structure to remain on the property subject to the following conditions: A. This Variance approval is for the retention of a previously constructed 215 square foot storage shed in the front setback. B. It is declared and made a condition of the Variance 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. C. All requirements of the Buildings 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 this permit, or shown otherwise on an approved plan. D. The lot shall be developed and maintained in substantial conformance with the site plan on file marked Exhibit A and dated November 9, 2005, except as otherwise provided in these conditions. E. The property on which the project is located shall contain an area of minimum of 1,000 square feet to provide an area meeting all standards for a stable (450 square feet) and corral (550 square feet) with access thereto. F. Prior to obtaining a building permit for the swimming pool, approved under a separate application by Resolution No. 2005-33, an inspection of the existing 215 square feet storage shed, which is subject to this approval, shall be conducted by the Los Angeles County Building and Safety Department. The applicant shall request such an inspection and pay all applicable fees and obtain a building permit. If any deficiencies are found, they shall be corrected prior to issuance of a final inspection of the swimming pool. G. The existing storage shed shall be used for storage and/or pool equipment only. The structure may not be used for recreation, playroom, hobby room, entertainment or habitable use. H. Structural lot coverage shall not exceed 8,247 square feet or 3.4% in conformance with lot coverage limitations. This coverage includes 211 square feet of the 811 square feet outdoor entertainment facilities, which also includes 650 square feet trellises. (Section 17.16.200J). I. Total lot coverage of structures and paved areas shall not exceed 20,169 square feet or 8.37% in conformance with total lot coverage limitations. J. The disturbed area of the lot shall not exceed 43,200 square feet or 17.9% in conformance with disturbed area limitations. K. There shall be no grading for this project. L. The project must be reviewed and approved by the Rolling Hills Community Association Architectural Review Committee prior to the issuance of any permit. M. The applicant shall execute an Affidavit of Acceptance of all conditions of this Variance approval, pursuant to Section 17.38.060, or the approval shall not be effective. N. All conditions of this Variance approval, that apply, must be complied with prior to the issuance of a building permit from the County of Los Angeles. PASSED, APPROVED AND ADOPTED THIS 20th DAY OF DECEMBER, 2005. LOREN DEROY, CHAIRW ATTEST: CA/(0 MA/RItYN KERN, DEPUTY CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS) I certify that the foregoing Resolution No. 2005-36 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A VARIANCE TO RETAIN A PREVIOUSLY CONSTRUCTED STORAGE SHED LOCATED IN THE FRONT SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 718, AT 7 QUAIL RIDGE ROAD NORTH (LOT 108-RH), (CHILLING WORTH). was approved and adopted at a regular meeting of the Planning Commission on December 20, 2005 by the following roll call vote: AYES: Commissioners Hankins, Sommer, Witte and Chairwomen DeRoy. NOES: None. ABSENT: Commissioner Henke. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. ''DEPUTY Cr1'Y CLERK 2005-36 5 RESOLUTION NO. 2005-33 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A VARIANCE TO CONSTRUCT AN INFINITY SWIMMING POOL, PORTION OF WHICH WOULD ENCROACH INTO THE FRONT SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 714, AT 7 QUAIL RIDGE ROAD NORTH (LOT 108-RH), (CHILLING WORTH). 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. and Mrs. William Chillingworth with respect to real property located at 7 Quail Ridge North, Rolling Hills (Lot 108-RH) requesting to construct 780 square foot infinity swimming pool, a portion of which would encroach into the front yard setback. Section 2. The Planning Commission conducted duly noticed public hearings to consider the application on August 16, 2005, September 20, 2005 and at a field trip visit on September 20, 2005. 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 applicant and his representative were in attendance at the hearings. Section 3. A 215 square foot storage structure exists on the property in the front setback. No building permits or other records were found to determine when the structure was constructed, and therefore, the structure is considered illegal nonconforming. The applicants indicated that they would remove the structure, rather than seek a Variance to retain the structure in the front setback. Section 4. The Planning Commission finds that the project is exempt from environmental review under the California Environmental Quality Act. Section 5. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code 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 in the same vicinity. A Variance to Section 17.16.110 is required because it states that every lot shall have a front setback of not less than 50 feet from the roadway easement, which must be clear to the sky. The applicant is requesting a Variance to encroach 15 to 18 feet into the required 50-foot front setback to construct the pool. With respect to this request for a Variance, the Planning Commission finds as follows: A. There are exceptional and extraordinary circumstances and conditions applicable to the property that do not apply generally to the other property or class of use in the same zone. The lot size and configuration, together with the existing development on the lot creates difficulty in meeting the front setback Code requirements. Although the subject parcel is large, (5.53 acres net) only approximately 13,440 square feet of the lot is level and suitable for development without grading. Most of this level area is already developed with the single family residence. There is another level area below the residential building pad, which required to be set aside for a future stable and corral. Approximately one-third of the existing residence is located in the front setback, not leaving adequate space for other accessory structures, except on the flat portion in the setback, where the swimming pool is proposed. B. The 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. Strict application of the Zoning Ordinance would deprive the property owner of the right and benefits enjoyed by similarly situated properties in the same vicinity and zone. The encroachment permits the use of the lot to the extent allowed for other properties in the vicinity. Due to the configuration of the lot, topography and the location of the existing residence, the Variance would permit the development of the property in a manner similar to development patterns on surrounding properties. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. Development in the front setback would allow the remaining portion of the lot to remain undeveloped and would eliminate the need to grade the property. The proposed pool would be not less than 160 feet to the nearest residence. The structural lot coverage, the total lot coverage and the disturbed area of the lot are within the requirements of the City code. The residential building pad coverage exceeds the City's guidelines by 18.6% already. The building pad coverage with the proposed pool would be 56.0%. D. As required by the zoning ordinance, an adequate and suitable area for development of a stable and corral has been set aside, which when constructed would not require grading. It would be very inconvenient to locate the swimming pool on this level pad, as it is below the residence and would not be conveniently accessible thereto. Section 6. Based upon the foregoing findings, the Planning Commission hereby approves the Variance for Zoning Case No. 714 to encroach up to 18 feet into the front yard setback with an infinity swimming pool, subject to the following conditions: A. The Variance approval shall expire within two years from the effective date of approval as defined in Section 17.38.070, unless otherwise extended pursuant to the requirements of this section. B. It is declared and made a condition of the Variance 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. C. All requirements of the Buildings 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 this permit, or shown otherwise on an approved plan. D. The lot shall be developed and maintained in substantial conformance with the site plan on file marked Exhibit A and dated August 11, 2005, except as otherwise provided in these conditions. E. The property on which the project is located shall contain an area of minimum of 1,000 square feet to provide an area meeting all standards for a stable (450 square feet) and corral (550 square feet) with access thereto. F. The 215 square foot illegal, nonconforming storage structure located by the driveway in the front setback shall be removed prior to the applicant obtaining building permit for the swimming pool. G. Structural lot coverage shall not exceed 8,032 square feet or 3.3% in conformance with lot coverage limitations. H. Total lot coverage of structures and paved areas shall not exceed 19,954 square feet or 8.3% in conformance with total lot coverage limitations. I. The disturbed area of the lot shall not exceed 43,200 square feet or 17.9% in conformance with disturbed area limitations. J. Residential building pad coverage on the 13,440 square foot residential building pad shall not exceed 7,582 square feet or 56.0%; coverage on the 2,080 square foot future stable pad shall not exceed 450 square feet or 21.6%. K. There shall be no grading of the site. L. The existing topography, flora and natural features of the lot shall be retained to the greatest extent feasible. M. Landscaping in connection with this project, shall include water efficient irrigation, that incorporates low gallonage irrigation system, utilizes automatic controllers, incorporates an irrigation design using "hydrozones," considers slope factors and climate conditions in design, and utilizes means to reduce water waste resulting from runoff and overspray in accordance with Section 17.27.020 (Water Efficient Landscaping Requirements) of the Rolling Hills Municipal Code. N. The pool area shall be landscaped and screened from the street. Landscaping shall include water efficient irrigation, that incorporates low gallonage irrigation system, utilizes automatic controllers, incorporates an irrigation design using "hydrozones," considers slope factors and climate conditions in design, and utilizes means to reduce water waste resulting from runoff and overspray in accordance with Section 17.27.020 (Water Efficient Landscaping Requirements) of the Rolling Hills Municipal Code. M. Prior to the issuance of any building permit for the swimming pool, two copies of a landscape plan shall be submitted for review by the Planning Department. Native trees and other native plants shall be utilized, and which are consistent with the rural character of the community. If trees are to be used in the landscaping scheme for this project, they shall be mature when planted and which at full maturity shall not exceed the height of the residence. Trees and shrubs shall be planted so as not to impair views of neighboring properties but to screen the pool on the site. O. Any walls that may need to be constructed in connection with this project shall not exceed 5-feet in height averaging 2 1/2 feet as measured from the finished grade to the top of the wall. P. During construction, dust control measures shall be used to stabilize the soil from wind erosion and reduce dust and objectionable odors generated by construction activities in accordance with South Coast Air Quality Management District, Los Angeles County and local ordinances and engineering practices. Q. During construction, conformance with local ordinances and engineering practices so that people or property are not exposed to landslides, mudflows, erosion, or land subsidence shall be required. R. 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, objectionable odors, landslides, mudflows, erosion, or land subsidence shall be required. S. 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. T. If a construction fence is erected during construction, it shall not be located in any easement or cross over trails. �nn�_zz 1 U. Drainage design shall be approved by the County of Los Angeles Building and Safety and shall be designed in such a manner as to drain to the rear of the property and to the maximum extent practicable be dissipated on the subject property and not onto the roadway. If an above ground swale or dissipater is to be constructed, it shall be designed in such a manner as not to cross over or discharge water onto the roadway easement, shall incorporate earth tone colors, and be screened from any trail, road and neighbors views to the maximum extent practicable, without impairing the function of the drainage system. V. During and after construction, all parking shall take place on the project site and, if necessary, any overflow parking shall take place within nearby roadway easements. W. 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) related to solid waste. X. During and after construction, all soil preparation, drainage, and landscape sprinklers shall protect the building pad from erosion and direct surface water in an approved manner. Y. The project must be reviewed and approved by the Rolling Hills Community Association Architectural Review Committee prior to the issuance of a building permit. Z. The working drawings submitted to the County Department of Building and Safety for plan check review shall conform to the development plan described in Condition D. AA. The applicant shall execute an Affidavit of Acceptance of all conditions of this Variance approval, pursuant to Section 17.38.060, or the approval shall not be effective. AB. All conditions of this Variance approval, that apply, must be complied with prior to the issuance of a building permit from the County of Los Angeles. PASSED, APPROVED AND ADOPTED THIS 18th DAY OF OCTOBER, 2005. /ice I tOREN DEROY, CHAfRW6MAN ATTEST: WRIL,YN KERN, I� I'U'TY CITY CLERK wnna_zz STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS) §§ I certify that the foregoing Resolution No. 2005-33 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A VARIANCE TO CONSTRUCT AN INFINITY SWIMMING POOL, PORTION OF WHICH WOULD ENCROACH INTO THE FRONT SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 714, AT 7 QUAIL RIDGE ROAD NORTH (LOT 108-RH), (CHILLINGWORTH). was approved and adopted at a regular meeting of the Planning Commission on October 18, 2005 by the following roll call vote: AYES: Commissioners Hankins, Henke and Vice Chairman Witte. NOES: None. ABSENT: Commissioner. Sommer. ABSTAIN: Chairwoman DeRoy. and in compliance with the laws of California was posted at the following: Administrative Offices. riil EPLJTY CI CLERK