Loading...
900, Construct pool in rear yard se, Staff Reports• • "e9 Ra (lief qe INCORPORATED JANUARY 24, 1957 NO.2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No.: 5-D Mtg. Date: 06/13/16 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR tf THRU: RAYMOND R. CRUZ, CITY MANAGER SUBJECT: RESOLUTION NO. 2016-14. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF VARIANCES TO CONSTRUCT A SWIMMING POOL AND ATTACHED TRELLIS WHICH WOULD ENCROACH INTO THE REAR YARD SETBACK AND TO EXCEED THE MAXIMUM PERM I I ED TOTAL COVERAGE OF THE LOT IN ZONING CASE NO. 900 AT 71 CREST ROAD EAST, (LOT 69 E-1 MS), ROLLING HILLS, CA (BRAZY & LUCHINI). REQUEST AND PLANNING COMMISSION ACTION, 1. It is recommended that the City Council receive and file this report or provide other direction to staff. 2. The applicants Mr. Brazy and Ms. Luchini request a variance to construct and locate a 375 square foot infinity pool and a 288 square foot attached trellis entirely in the rear yard setback and to exceed total lot coverage on the lot (maximum permitted is 35%). 3. The Planning Commission by a vote 2-1 approved the project after the applicants addressed the issues the Planning Commission and the neighbors expressed. (Commissioner Gray voted against it; Chairman Chelf was recused due to proximity of his property to subject lot and Commissioner Kirkpatrick was absent - however, at the previous meeting of the Planning Commission he voted to direct staff to bring a Resolution of approval). 4. During the review process concerns were expressed by neighbors regarding construction vehicles parking in the common driveway leading to Crest Road East, a • • privacy landscaping to buffer the pool from the property at 73 Crest Rd. East, property below subject site, lot stability question and a drainage from this property onto a driveway of the property below. A condition of approval is included in the Resolution requiring that construction vehicles park entirely on -site at 71 Crest Road E. and if the common portion of the driveway is damaged, the applicants must repair it. In addition, the project representative provided a concept landscaping agreeing to remove only those shrubs that are necessary to be removed for construction and re - vegetating the area and to maintain the remaining vegetation. He also provided a statement that if any existing trees located on the hillside between the pool and 73 Crest Road East are affected by the construction, that they would be replaced. A condition to that effect has been included in the Resolution. Ms. Brown has also questioned the stability of the hillside for the pool construction. A letter was submitted from the soil engineer, (attached) stating that with the proper construction (caissons) the hillside is stable for the pool construction. Geotechnical report was prepared on the property for the additions; but not specifically for the pool. The building department, prior to issuance of a building permit will require a geotechnical report for the pool area as well. Ms. Brown brought up a concern regarding a possible clogged drainage outlet on 71 Crest Rd. E, which results in water overflowing onto her driveway. Staff viewed the drainage and included a condition in the Resolution requiring that drainage plans be submitted to the Building Department for review and approval, and if any repairs are necessary the applicant shall comply with the building dept. requirements and maintain the drainage devices in proper working condition at all times. The neighbor stated in an email to staff that she was satisfied with the project as conditioned. 5. Those Commissioners voting for the project found that the proposed project fits on the property, will not be obtrusive, is of small scale, will not be visible from neighbors and that the configuration of the lot, which is a flag lot, and location of the existing residence, makes it difficult to make any improvements elsewhere on the property. Further, the lot is constraint with easements to the adjacent lot, area of which is deducted from the net lot calculation for the lot, but the paved portion of the driveway is calculated towards the total lot coverage of the lot, which contributes to the exceedance of 35% maximum permitted coverage, (proposed 35.7%). BACKGROUND 6. The property is zoned RAS-2 and the gross lot area is 2.37 acres. The net lot area is 1.54 acres or 67,431 square feet. The lot is irregular in shape at it starts 450 feet south of Crest Road East at a very narrow point that then flares out into a triangle. The property line then bends to the east where the building pad is located. The property is limited by ZC NO. 900 • • two easements. There is a 25-foot wide RHCA easement along the western property line of the lot and a 30-foot wide driveway easement for access to 73 Crest Road East that runs through the lot. A separate driveway leads to the residence for 71 Crest Road East. 7. The property is currently developed with a 2,075 square foot residence and a 455 square foot garage. In February, 2015 a 999 square foot addition to the residence was approved administratively as less than 50% of the walls were proposed to be demolished for the renovation, per Municipal Code 17.44.020C.. The existing 455 square foot garage is proposed to be converted to living space and a new 420 square foot garage constructed. Also approved administratively was a breezeway, trellises (229 square foot attached trellis and 458 square foot detached), a 40 square foot outdoor kitchen, a 130 square foot water feature, and a 96 square foot service yard. A 450 square foot stable and 550 square foot corral, and stable access set aside are provided on the property. To ensure compliance with the code requirement in case more than 50% of the exterior walls need to be demolished, the applicant staked the proposed addition/renovation on Tuesday, March 15, 2016 and staff provided notice to all residents within 1,000 foot radius of the project to inform them of the potential demolition of more than 50% of the existing residence and addition of 999 square feet. Pursuant to Municipal Code Section 17.44.020E should an otherwise over the counter approvable addition include 50% or more demolition of the existing residence, neighbors within 1,000 foot radius are notified and a silhouette of the project constructed. The noticed residents are provided 14 days to comment on the project. Should there be an objection from more that one noticed property, staff would not be able to approve the addition administratively and the project would be referred to the Planning Commission for a Site Plan Review. No neighbors came forward regarding the addition, where more than 50% of the residence would be demolished, therefore the applicant may proceed with over-the-counter approval. 8. With the 999 square foot addition the property will be developed with a 3,109 square foot residence, 420 square foot garage, attached to the main house by a 70 square foot breezeway, 375 square foot swimming pool, 20 square foot pool equipment area, 517 square foot attached trellises, 458 square feet detached trellis and other miscellaneous structures. MUNICIPAL CODE COMPLIANCE 9. The structural lot coverage on the lot, with the approved addition, will be 5,685 square feet or 8.4%; and with the allowable deduction 7.5%. The proposed total lot coverage will increase from 23,449 square feet or 34.8% (incl. the 999 square foot addition and miscellaneous structures approved administratively) to 24,042 square feet or 35.7%, with the allowable deduction; where maximum permitted is 35% (Municipal Code 17.16.070A2). ZC NO. 900 • • 10. Coverage on the residential building pad of 13,924 square feet will be 29.4%. Coverage on the future stable pad of 1,094 square feet will be 41.1%. A set aside area for a future stable and corral and access have been provided. 11. The disturbance on the lot is currently at 69%, which is higher than the maximum permitted of 40% and is legal non -conforming (Municipal Code 17.16.070B). The pool, trellis, and future stable access will not increase disturbance as the areas have been disturbed previously. The driveway easement for access to 73 Crest Road East accounts for much of the disturbance. The grading will consist of 70 cubic yards of cut/excavation for the pool and catchment basin, most of which will be exported. 25 cubic yards cut and 25 cubic yards of fill will be needed for the future stable access, which is not proposed at this time. 12. The proposed pool, catchment basin, pool equipment area and attached trellis encroach into the rear yard setback. Rear yard setbacks are to be no less than 50 feet from the rear property line and must remain free of structures, therefore a variance is requested. (Municipal Code 17.16.130A.) The proposed pool catchment basin wall is 2' in height and visible aboveground and the proposed pool wall is 3' in height above the 2' high proposed catchment basin wall. 13. In response to justification for the variance to locate the trellis and the swimming pool in the rear setback, the applicant's agent states that due to the existing location of the residence, very close to the rear setback line, and the configuration of the lot there is no other reasonable area to construct other improvements. Regarding the variance to exceed the total structural coverage he states that the lot is constrained with a developed driveway that leads to another property and the area of the easement for this driveway is deducted from the net lot area for the lot; therefore significantly reducing the size of the subject property. 14. Rolling Hills Community Association will review this project at a later date. 15. When reviewing a development application the Planning Commission considers whether the proposed project meets the criteria for a Variance and must find that the proposed uses are consistent with the General Plan and development standards of the City, including provision for open space and maintaining rural environment and that the uses will not adversely affect adjacent properties. 16. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA), Class 3. ZC NO. 900 ZC. NO. 900 SITE PLAN REVIEW RA-S- 2 ZONE SETBACKS Front: 50 ft. from front easement line Side: 35 ft. from property line Rear: 50 ft. from rear property line STRUCTURES (Variance required for structures in setback and total coverage STRUCTURAL LOT COVERAGE (20% maximum) TOTAL LOT COVERAGE (35% maximum) BUILDING PADS (30% guideline) GRADING Site Plan Review required if excavation and/or fill or combination thereof that is more than 3 feet in depth and covers more than 2,000 sq.ft.) must be balanced on site. DISTURBED AREA (40% maximum; any graded building pad area, any remedial grading (temporary disturbance), any graded slopes and building pad areas, and any nongraded area where impervious surfaces exist.) STABLE (min. 450 SO.FT. & 550 SO.FT. CORRAL) STABLE ACCESS ROADWAY ACCESS VIEWS PLANTS AND ANIMALS ZC NO. 900 EXISTING SINGLE FAMILY RESIDENCE WITH GARAGE & TRELLISES Residence Garage Pool Pool equipment Stable Att. Trellis Breezeway Det. Trellis Outdoor Kitchen Water feature Service yard TOTAL 5.8% 34.8% 3109 sq.ft. 420 sq.ft. 0 sq.ft. 0 sq.ft 0 sq.ft. 229 sq.ft. 70 sq.ft. 458 sq.ft 40 sq.ft 130 sq.ft 96 sq.ft. 4,552 sq.ft. Pad 1- Residence- 28.3% Pad 2 - future stable N/A 69.0% of the net lot area IN/A 1N/A I Existing driveway approach N/A I N/A 0 PROPOSED TRELLIS, POOL/SPA, Residence Garage Pool Pool equipment Stable (future) Att. Trellis Breezeway Det. Trellis Outdoor Kitchen Water feature Service yard 3109 sq.ft. 420 sq.ft. 375 sq.ft. 20 sq.ft. 450 sq.ft. 517 sq.ft. 70 sq.ft. 458 sq.ft 40 sq.ft 130 sq.ft 96 sq.ft TOTAL 5,685 sq.ft 5,067 sq.ft. w/allowances or 7.5% of 67,431 sq.ft. net lot area 24,042 sq.ft. w/allowances or 35.7% of 67,431.ft. net lot area Pad 1- 29.4% of 13,924 sf. pad Pad 2 - 41.1% of 1,094 sf. pad 70 cubic yards of cut/excavation for the pool to be exported 25 cubic yards for future proposed stable access 69.0% of the net lot area 1 450 sq.ft. stable 550 sq.ft corral Future proposed from exst. I drwy Existing driveway approach I N/A I N/A • • 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. ZC NO. 900 • NJ_ . • ' Pe' !•'74.; • r • •• • ••• „ ,;.: " • - MAY. 4, City of 061n By . -• ,...r".4 s,...+"" • •••• • • ; • • • • • THIS PAGE INTENTIONALLY LEFT BLANK • COAST GEOTECHNICAL, INc. 1200 West Commonwealth. Fullerton. CA 92833 • Ph: (7141 870-1211 • Fax: (7141870-1222 • email: coasteeotec(a?sbcelobal.net May 3, 2016 W.O.492715-03 Mr. and Mrs. Luchini 6 Bay Tree Lane Mill Valley, CA 94941 Subject: Opinion Report for Proposed Pool at at 71 Crest Road East, Rolling Hills, California Reference: 1. Geotechnical and Geologic Investigation of Proposed Site Improvements at 71 Crest Road East, Rolling Hills, California,; by COAST GEOTECHNICAL, INC., W.O. 492715-01, dated August 3, 2015. Mr. Luchini: At the request of your architect this opinion letter has been prepared to address the construction of a proposed pool at the subject property. The proposed pool location is depicted on the attached plan. Construction of the pool from a geotechnical perspective is feasible. The pool would require support by drilled caisson to comply with bedrock embedment and H/3 foundation setback from a descending slope condition. Our opinion is that the pool construction would not be detrimental to the stability of the slope, nor have an adverse geotechnical affect on the adjacent down slope property. We appreciate this opportunity to be of service to you. Respectfully submitted: COAST GEOTECHNICAL, Inc. -71-gz Ming-Tarng Chen RCE 54011 ?G;cPKNccyyz No.54011 z Exp. 12-31-17 -A CALVi e"--/ce.".(42 Todd D. House CEG 1914 E 2016 City of Rolling Hills By • .„. • .• ,•• • •-• t•:.•• ...."21,• • ;. • • s • . • • '7771%..7-'4747.4,‘ 4%-; 4pk'fPj•';:" :•• kr; „ .4 4 • • • ••• ,'-i-,..."......T,, • ..... ' 4. ”•!. 41 • .. .. , ‘ .....:, . ' • __ •• \ • A : ,... •• " • ';•••' • • • - • - • . • 1, ::;.401•Ifitir,,e.tti' • • • • •-•,F• • • . - . . „ • • • • , ._-.r• • : .• ' • • • • ,. 17-W" - . --.•z • ............................. Likat ,=•••;.. • "."•••;••,•: •-•-z •14-•-• ' ' • ••••;; ,•••• . RESOLUTION NO. 2016-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF VARIANCES TO CONSTRUCT A SWIMMING POOL AND ATTACHED TRELLIS WHICH WOULD ENCROACH INTO THE REAR YARD SETBACK AND TO EXCEED THE MAXIMUM PERMITTED TOTAL COVERAGE OF THE LOT IN ZONING CASE NO. 900 AT 71 CREST ROAD EAST, (LOT 69 E-1 MS), ROLLING HILLS, CA (BRAZY & LUCHINI). 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. Brazy and Ms. Luchini request a variance to locate a 375 square foot pool with infinity edge walls and a 288 square foot attached trellis entirely in the rear yard setback and to exceed total lot coverage on the lot (maximum permitted is 35%). Section 2. The Planning Commission conducted duly noticed public hearings to consider the application on April 19, 2016 field trip and an evening meeting on the same day. 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. During the April 19, 2016 field visit concerns were expressed by neighbors regarding construction vehicles parking in the common driveway leading to Crest Road East, landscaping to buffer the pool from the property at 73 Crest Rd. East and stability of the slope for the construction of a pool. Those concerns are addressed through the conditions of approval. Additional concern regarding a possible clogged drain outlet on 71 Crest Rd. E, which results in water overflowing onto 73 Crest Road driveway was also brought up. The conditions of approval contains a condition addressing this concern. Section 3. The property is zoned RAS-2 and the gross lot area is 2.37 acres. The net lot area is 1.54 acres or 67,431 square feet. The lot is irregular in shape at it starts 450 feet south of Crest Road East at a very narrow point that then flares out into a triangle. The property line then bends to the east where the building pad is located. The property is constrained by two easements. There is a 25-foot wide RHCA easement along the entire western property line of the lot and a 30-foot wide driveway easement for access to 73 Crest Road East that runs through the lot. A separate driveway leads to the residence for 71 Crest Road East. Reso. 2016-14 71 Crest Road East 1 • • In February 2015 a 999 square foot addition and trellis was administratively approved. With the 999 square foot addition, the property will be developed with a 3,109 square foot residence, 420 square foot garage, attached to the main house by a 70 square foot breezeway, 375 square foot swimming pool, 20 square foot pool equipment area, 517 square feet of attached trellises, 458 square feet detached trellis and other miscellaneous structures. A set aside area for a futures stable and corral has been provided on site. Section 4. The project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303, Class 3 exemption Guidelines. Section 5. 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 encroach with 375 square feet infinity pool and 288 square foot trellis Variances are required to grant relief from the following Sections of the Zoning Ordinance: 17.12.190 (setback definitions requiring that setbacks be free of structures) and 17.16.070 (maximum allowed lot coverage) in which case the proposed total lot coverage would exceed the allowed amounts with an increases from 34.8% to 35.7% where 35% maximum is allowed. With respect to the aforementioned requests for Variances, the Planning Commission finds as follows: A. There are exceptional circumstances and conditions on the subject property as follows: Regarding requested variance from Zoning Ordinance Section 17.16.150 relating to the encroachment of the structures in the rear yard setback, the lot configuration is such that the residence was constructed very close to the rear setback line and it is creating a constraint on where outdoor livable area adjacent to the residence can be located. The proposed structures common to residences in Rolling Hills are a pool and trellis, and this approval permits the applicants to enjoy the same amenities. Regarding the requested variance from Section 17.16.070 for total lot coverage as the project does not meet the total lot coverage requirement of 35% and is proposed at 35.7%, with allowable deduction. The proposed structures, including the future stable and corral minimally increase the lot coverage. The lot coverage exceedance is due to the fact that the lot is constrained due to being irregular in shape. The property line starts 450 feet south of Crest Road East at a very narrow point that then flares out into a triangle. The property line then bends to the east where the building pad is located. The property is constrained by two easements. Within the triangular portion of the lot, there is a 25-foot wide RHCA easement along the entire western property line of the lot and a 30-foot wide driveway easement for access to the property below, 73 Crest Road Reso. 2016-14 71 Crest Road East 2 @ • • East that runs through the subject lot. A separate driveway leads to the residence for 71 Crest Road East. A 10-12 foot wide portion of the 30-foot roadway easement is impervious and the driveway to the residence on subject site is also impervious, adding to the total lot coverage. 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 rear yard for a pool/spa and trellis to accommodate outdoor recreational use, which cannot be placed elsewhere on the lot. The proposed location of the project is the least visually intrusive to the property and its neighbors and will take advantage of the view. 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 degree of deviation from the allowed amount and encroachment is relatively minor. Further, the proposed improvements would not be visible from the adjoining street or private properties and therefore are not expected to result in any visual or privacy impacts. The pool area will be screened from the residence below with vegetation and trees. D. In granting of the Variance the spirit and intent of the Zoning Ordinance will be observed in that the proposed pool and trellis construction will be orderly, attractive, and will not affect the rural character of the community. The subject proposed structures are in the rear of the property and will not impact the proposed future stable and corral area and will not impact the use of the existing structures. 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 above the adjacent property to rear and below the property to the front and due to the large size of the properties and sloped conditions there is large open space between any structures on subject property and the adjacent properties. 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 6. Based upon the foregoing findings, the Planning Commission hereby approves the Variances in Zoning Case No. 900 for new 375 square foot infinity swimming pool and 288 square foot trellis, both located in the rear yard setback and exceedance of the total lot coverage subject to the following conditions: Reso. 2016-14 71 Crest Road East • • A. The Variances 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 Section 17.38.070 of the Rolling Hills Municipal Code, or the approval granted is otherwise extended pursuant to the requirements of this section. B. It is declared and made a condition of the approval, that if any conditions thereof are violated, this approval shall be suspended and the privileges granted thereunder shall lapse; provided that the City has given the applicants 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 Building and Construction Ordinance, the Zoning Ordinance, LA County Building Code 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, 2016, and a concept landscaping plan, with condition to retain certain vegetation, and dated May 10, 2016 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. D. Prior to obtaining a building permit a detailed landscaping plan shall be submitted to the Planning Department. The slope between the proposed pool and the pool equipment area and the property below shall be landscaped at all times to provide privacy buffer between the properties. To maximum extent practicable, the existing trees and shrubs shall remain, or be replaced. Should it be necessary to remove some vegetation for construction purposes, they shall be replaced, including trees, with similar vegetation, which at planting time the shrubs shall be a minimum of 15 gallon in size or larger, and all ground cover or small bushes shall be no smaller than 5 gallon in size or equivalent. If trees are to be replaced or new trees planted, they shall be of the size of not less than in 24" box. Reso. 2016-14 71 Crest Road East 4 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. 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. E. A drainage plan shall be prepared and submitted to the City's Building Department for review and approval, and the project shall comply with their requirements including correcting, if necessary, the existing drainage system to prevent flooding of the driveway leading to 73 Crest Rd. E. property. The applicants, at all times, shall maintain the drainage devices in good working condition and free of debris and vegetation. 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 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. G. Grading for this project shall not exceed 70 cubic yards of excavation from the swimming pool and may be exported. H. Structural lot coverage shall not exceed 5,685 square feet, or 7.5% (with allowable deductions). Total lot coverage shall not exceed 35.7% or 24,040 square feet, as approved by this Variance. Building Pad coverage on the 13,924 square foot residential pad shall not exceed 29.4%. I. The disturbed area of the lot shall not exceed 69% (of net lot area), which includes the future stable and corral area, and is existing. No further disturbance is proposed. J. The future set -aside area for the stable and corral area of minimum of 1,000 square feet, shall be retained on the property at all times. K. A minimum of four -foot level path and/or walkway, which does not have to be paved, shall be provided around the perimeter of the project. Reso. 2016-14 71 Crest Road East 5 ® • • L. The pool equipment area shall be enclosed and screened with landscaping. Per LA County Building Code, pool barrier/fencing shall be required for the pool. M. Construction fence may be required along the rear of the constrution site to contain debris and noise away from the downhill poreprty. N. 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. O. During and after construction, all parking shall take place on the project site and there shall be no parking on the common driveway. During construction, to maximum extend feasible, employees of the contractor shall car-pool into the City. Prior to construction, photographs of the common driveway leading to 71 and 73 Crest Road East (before it separates into each proeprty) shall be submitted to the Planning Department. Following construction, the common driveway, if damaged, shall be restored, at a minimum to its pre -construction condition. P. 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. Q. 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. R. A minimum of 50% of the construction material spoils shall be recycled and diverted. The hauler shall provide the appropriate documentation to the City. S. The project must be reviewed and approved by the Rolling Hills Community Association (RHCA) Architectural Review Committee prior to the issuance of building permit. 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 Reso. 2016-14 71 Crest Road East • • can be found at: http://www.wrh.noaa.gov/Iox/main.vhv?suite=safety&page=hazard:definitions#FIRE. 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 17th DAY OF MAY 2016. 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. Reso. 2016-14 71 Crest Road East 7 01 • • STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 2016-14 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF VARIANCES TO CONSTRUCT A SWIMMING POOL AND ATTACHED TRELLIS WHICH WOULD ENCROACH INTO THE REAR YARD SETBACK AND TO EXCEED THE MAXIMUM FERMI i i t v TOTAL COVERAGE OF THE LOT IN ZONING CASE NO. 900 AT 71 CREST ROAD EAST, (LOT 69 E-1 MS), ROLLING HILLS, CA (BRAZY & LUCHINI). was approved and adopted at a regular meeting of the Planning Commission on May 17, 2016 by the following roll call vote: AYES: Commissioners Cardenas and Smith. NOES: Vice Chairman Gray. ABSENT: Commissioner Kirkpatrick. ABSTAIN: Chairman Chef (recused). and in compliance with the laws of California was posted at the following: Administrative Offices. Reso. 2016-14 71 Crest Road East (Ndaelico CITY CLERK 8 Ig • • Agenda Item No: 6-A Mtg. Date: 05/17/16 MEMORANDUM TO RECUSE TO: Honorable Chairman and Members of the Planning Commission FROM: Heidi Luce, City Clerk SUBJECT: Zoning Case No. 900, 71 Crest Road East DATE: May 17, 2016 Due to the proximity of his property to the subject property, Chairman Chelf should recuse himself from consideration of Zoning Case No. 900 at 71 Crest Road East. He may however, take a seat in the audience and participate as a resident. • • Agenda Item No: 6-A Mtg. Date: 05/17/16 MEMORANDUM TO RECUSE TO: Honorable Chairman and Members of the Planning Commission FROM: Heidi Luce, City Clerk SUBJECT: Zoning Case No. 900, 71 Crest Road East DATE: May 17, 2016 i • al Railief qice4 • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No.: 6A Mtg. Date: 5-17-16 TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR WENDY STARKS, AICP, ASSOCIATE PLANNER APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: DATE PUBLISHED: ZONING CASE NO. 900 71 CREST ROAD EAST (69E-1 MS) RA-S-2, 2.37 ACRES (GROSS) MR. BRAZY AND MS. LUCHINI CRISS GUNDERSON, ARCHITECT APRIL 7, 2016 REQUEST AND RECOMMENDATION 1. The applicants Mr. Brazy and Ms. Luchini request a variance to locate a 375 square foot pool with infinity edge walls and a 288 square foot attached trellis entirely in the rear yard setback and to exceed total lot coverage on the lot (maximum permitted is 35%). 2. The Planning Commission held a field visit and an evening meeting on April 19, 2016 regarding this project and at the evening meeting directed staff to prepare a Resolution of approval pending resolution of a few concerns the neighbors had. 3. During the April 19, 2016 field visit concerns were expressed by neighbors regarding construction vehicles parking in the common driveway leading to Crest Road East and landscaping to buffer the pool from the property at 73 Crest Rd. East. A condition of approval is included in the draft Resolution requiring that construction vehicles park entirely on -site of 71 Crest Road E. and if the common portion of the driveway is damaged, the applicants must repair it. Z.C. No. 900 • • In addition, the project representative provided a concept landscaping agreeing to remove only those shrubs that are necessary to be removed for construction and re - vegetating the area and to maintain the remaining vegetation. He also provided a statement that if any existing trees located on the hillside between the pool and 73 Crest Road East are affected by the construction, that they would be replaced. A condition to that effect has been included in the Resolution. Ms. Brown has also questioned the stability of the hillside for the pool construction. A letter was submitted from the soil engineer, (attached) stating that with the proper construction (caissons) the hillside is stable for the pool construction. Geotechnical report was prepared on the property for the additions; but not specifically for the pool. The building department, prior to issuance of a building permit will require a geotechnical report for the pool area as well. 4. Since the April 19, 2016 hearings, Ms. Brown brought up a concern regarding a possible clogged drainage outlet on 71 Crest Rd. E, which results in water overflowing onto Ms. Brown's driveway. Staff viewed the drainage and included a condition in the Resolution requiring that drainage plans be submitted to the Building Department for review and approval, and if any repairs are necessary the applicant shall comply with the building dept. requirements and maintain the drainage devices in proper working condition at all times. 5. It is recommended that the Planning Commission review and consider the attached Resolution 2016-14 for adoption. Z.C. No. 900 • • RESOLUTION NO. 2016-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF VARIANCES TO CONSTRUCT A SWIMMING POOL AND ATTACHED TRELLIS WHICH WOULD ENCROACH INTO THE REAR YARD SETBACK AND TO EXCEED THE MAXIMUM PERMITTED TOTAL COVERAGE OF THE LOT IN ZONING CASE NO. 900 AT 71 CREST ROAD EAST, (LOT 69 E-1 MS), ROLLING HILLS, CA (BRAZY & LUCHINI). 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. Brazy and Ms. Luchini request a variance to locate a 375 square foot pool with infinity edge walls and a 288 square foot attached trellis entirely in the rear yard setback and to exceed total lot coverage on the lot (maximum permitted is 35%). Section 2. The Planning Commission conducted duly noticed public hearings to consider the application on April 19, 2016 field trip and an evening meeting on the same day. 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. During the April 19, 2016 field visit concerns were expressed by neighbors regarding construction vehicles parking in the common driveway leading to Crest Road East, landscaping to buffer the pool from the property at 73 Crest Rd. East and stability of the slope for the construction of a pool. Those concerns are addressed through the conditions of approval. Additional concern regarding a possible clogged drain outlet on 71 Crest Rd. E, which results in water overflowing onto 73 Crest Road driveway was also brought up. The conditions of approval contains a condition addressing this concern. Section 3. The property is zoned RAS-2 and the gross lot area is 2.37 acres. The net lot area is 1.54 acres or 67,431 square feet. The lot is irregular in shape at it starts 450 feet south of Crest Road East at a very narrow point that then flares out into a triangle. The property line then bends to the east where the building pad is located. The property is constrained by two easements. There is a 25-foot wide RHCA easement along the entire western property line of the lot and a 30-foot wide driveway easement for access to 73 Crest Road East that runs through the lot. A separate driveway leads to the residence for 71 Crest Road East. • • In February 2015 a 999 square foot addition and trellis was administratively approved. With the 999 square foot addition, the property will be developed with a 3,109 square foot residence, 420 square foot garage, attached to the main house by a 70 square foot breezeway, 375 square foot swimming pool, 20 square foot pool equipment area, 517 square feet of attached trellises, 458 square feet detached trellis and other miscellaneous structures. A set aside area for a futures stable and corral has been provided on site. Section 4. The project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303, Class 3 exemption Guidelines. Section 5. 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 encroach with 375 square feet infinity pool and 288 square foot trellis Variances are required to grant relief from the following Sections of the Zoning Ordinance: 17.12.190 (setback definitions requiring that setbacks be free of structures) and 17.16.070 (maximum allowed lot coverage) in which case the proposed total lot coverage would exceed the allowed amounts with an increases from 34.8% to 35.7% where 35% maximum is allowed. With respect to the aforementioned requests for Variances, the Planning Commission finds as follows: A. There are exceptional circumstances and conditions on the subject property as follows: Regarding requested variance from Zoning Ordinance Section 17.16.150 relating to the encroachment of the structures in the rear yard setback, the lot configuration is such that the residence was constructed very close to the rear setback line and it is creating a constraint on where outdoor livable area adjacent to the residence can be located. The proposed structures common to residences in Rolling Hills are a pool and trellis, and this approval permits the applicants to enjoy the same amenities. Regarding the requested variance from Section 17.16.070 for total lot coverage as the project does not meet the total lot coverage requirement of 35% and is proposed at 35.7%, with allowable deduction. The proposed structures, including the future stable and corral minimally increase the lot coverage. The lot coverage exceedance is due to the fact that the lot is constrained due to being irregular in shape. The property line starts 450 feet south of Crest Road East at a very narrow point that then flares out into a triangle. The property line then bends to the east where the building pad is located. The property is constrained by two easements. Within the triangular portion of the lot, there is a 25-foot wide RHCA easement along the entire western property line of the lot and a 30-foot wide driveway easement for access to the property below, 73 Crest Road Of • • East that runs through the subject lot. A separate driveway leads to the residence for 71 Crest Road East. A 10-12 foot wide portion of the 30-foot roadway easement is impervious and the driveway to the residence on subject site is also impervious, adding to the total lot coverage. 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 rear yard for a pool/spa and trellis to accommodate outdoor recreational use, which cannot be placed elsewhere on the lot. The proposed location of the project is the least visually intrusive to the property and its neighbors and will take advantage of the view. 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 degree of deviation from the allowed amount and encroachment is relatively minor. Further, the proposed improvements would not be visible from the adjoining street or private properties and therefore are not expected to result in any visual or privacy impacts. The pool area will be screened from the residence below with vegetation and trees. D. In granting of the Variance the spirit and intent of the Zoning Ordinance will be observed in that the proposed pool and trellis construction will be orderly, attractive, and will not affect the rural character of the community. The subject proposed structures are in the rear of the property and will not impact the proposed future stable and corral area and will not impact the use of the existing structures. 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 above the adjacent property to rear and below the property to the front and due to the large size of the properties and sloped conditions there is large open space between any structures on subject property and the adjacent properties. 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 6. Based upon the foregoing findings, the Planning Commission hereby approves the Variances in Zoning Case No. 900 for new 375 square foot infinity swimming pool and 288 square foot trellis, both located in the rear yard setback and exceedance of the total lot coverage subject to the following conditions: • • A. The Variances 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 Section 17.38.070 of the Rolling Hills Municipal Code, or the approval granted is otherwise extended pursuant to the requirements of this section. B. It is declared and made a condition of the approval, that if any conditions thereof are violated, this approval shall be suspended and the privileges granted thereunder shall lapse; provided that the City has given the applicants 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 Building and Construction Ordinance, the Zoning Ordinance, LA County Building Code 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, 2016, and a concept landscaping plan, with condition to retain certain vegetation, and dated May 10, 2016 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. D. Prior to obtaining a building permit a detailed landscaping plan shall be submitted to the Planning Department. The slope between the proposed pool and the pool equipment area and the property below shall be landscaped at all times to provide privacy buffer between the properties. To maximum extent practicable, the existing trees and shrubs shall remain, or be replaced. Should it be necessary to remove some vegetation for construction purposes, they shall be replaced, including trees, with similar vegetation, which at planting time the shrubs shall be a minimum of 15 gallon in size or larger, and all ground cover or small bushes shall be no smaller than 5 gallon in size or equivalent. If trees are to be replaced or new trees planted, they shall be of the size of not less than in 24" box. co 1 • • 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. 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. E. A drainage plan shall be prepared and submitted to the City's Building Department for review and approval, and the project shall comply with their requirements including correcting, if necessary, the existing drainage system to prevent flooding of the driveway leading to 73 Crest Rd. E. property. The applicants, at all times, shall maintain the drainage devices in good working condition and free of debris and vegetation. 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 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. G. Grading for this project shall not exceed 70 cubic yards of excavation from the swimming pool and may be exported. H. Structural lot coverage shall not exceed 5,685 square feet, or 7.5% (with allowable deductions). Total lot coverage shall not exceed 35.7% or 24,040 square feet, as approved by this Variance. Building Pad coverage on the 13,924 square foot residential pad shall not exceed 29.4%. I. The disturbed area of the lot shall not exceed 69% (of net lot area), which includes the future stable and corral area, and is existing. No further disturbance is proposed. J. The future set -aside area for the stable and corral area of minimum of 1,000 square feet, shall be retained on the property at all times. K. A minimum of four -foot level path and/or walkway, which does not have to be paved, shall be provided around the perimeter of the project. • • L. The pool equipment area shall be enclosed and screened with landscaping. Per LA County Building Code, pool barrier/fencing shall be required for the pool. M. Construction fence may be required along the rear of the constrution site to contain debris and noise away from the downhill poreprty. N. 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. O. During and after construction, all parking shall take place on the project site and there shall be no parking on the common driveway. During construction, to maximum extend feasible, employees of the contractor shall car-pool into the City. Prior to construction, photographs of the common driveway leading to 71 and 73 Crest Road East (before it separates into each proeprty) shall be submitted to the Planning Department. Following construction, the common driveway, if damaged, shall be restored, at a minimum to its pre -construction condition. P. 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. Q. 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. R. A minimum of 50% of the construction material spoils shall be recycled and diverted. The hauler shall provide the appropriate documentation to the City. S. The project must be reviewed and approved by the Rolling Hills Community Association (RHCA) Architectural Review Committee prior to the issuance of building permit. 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.zovllox/main.php?suite=safety&pale=hazard_definitions#FIRE. 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 rnust 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 17th DAY OF MAY 2016. 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. c5 • • STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 2016-14 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF VARIANCES TO CONSTRUCT A SWIMMING POOL AND ATTACHED TRELLIS WHICH WOULD ENCROACH INTO THE REAR YARD SETBACK AND TO EXCEED THE MAXIMUM PERMITTED TOTAL COVERAGE OF THE LOT IN ZONING CASE NO. 900 AT 71 CREST ROAD EAST, (LOT 69 E-1 MS), ROLLING HILLS, CA (BRAZY & LUCHINI). was approved and adopted at a regular meeting of the Planning Commission on May 17, 2016 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices. CITY CLERK • • • ( /°1 fkierS.. All_ ointi- tr-e4r.,mvta7., rer— • • MAY... •. . . City of 0,Olfip By •" • • •• . 4 '' •••:. ' • .of 4 COAST GEOTECHNICAL, INC. 1200 West Commonwealth, Fullerton, CA 92833 • Ph: (7141870-1211 • Fax: (7141870-1222 •email: coastoeotec(a?sbcalobal.net May 3, 2016 W.O. 492715-03 Mr. and Mrs. Luchini 6 Bay Tree Lane Mill Valley, CA 94941 Subject: Opinion Report for Proposed Pool at at 71 Crest Road East, Rolling Hills, California Reference: 1. Geotechnical and Geologic Investigation of Proposed Site Improvements at 71 Crest Road East, Rolling Hills, California,; by COAST GEOTECHNICAL, INC., W.O. 492715-01, dated August 3, 2015. Mr. Luchini: At the request of your architect this opinion letter has been prepared to address the construction of a proposed pool at the subject property. The proposed pool location is depicted on the attached plan. Construction of the pool from a geotechnical perspective is feasible. The pool would require support by drilled caisson to comply with bedrock embedment and H/3 foundation setback from a descending slope condition. Our opinion is that the pool construction would not be detrimental to the stability of the slope, nor have an adverse geotechnical affect on the adjacent down slope property. We appreciate this opportunity to be of service to you. Respectfully submitted: COAST GEOTECHNICAL, Inc. Ming-Tarng Chen RCE 54011 4-a(40 Todd D. House CEG 1914 E 2016 City of Rolling Hills By • • al Re glee, giegi INCORPORATED JANUARY 24, 1957 NO.2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No.: 5D Mtg. Date: 05-09-16 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR THROUGH: RAYMOND R. CRUZ, CITY MANAGER SUBJECT: RESOLUTION NO. 2016-14. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF VARIANCES TO CONSTRUCT A SWIMMING POOL AND ATTACHED TRELLIS WHICH WOULD ENCROACH INTO THE REAR YARD SETBACK AND TO EXCEED THE MAXIMUM PERMITTED TOTAL COVERAGE OF THE LOT IN ZONING CASE NO. 900 AT 71 CREST ROAD EAST, (LOT 69 E-1 MS), ROLLING HILLS, CA (BRAZY & LUCHINI). REQUEST AND PLANNING COMMISSION ACTION 1. It is recommended that the City Council receive and file this report or provide other direction to staff. 2. The applicants Mr. Brazy and Ms. Luchini request a variance to construct and locate a 375 square foot infinity pool and a 288 square foot attached trellis entirely in the rear yard setback and to exceed total lot coverage on the lot (maximum permitted is 35%). 3. The Planning Commission by a vote 2-1 approved the project after the applicants addressed the issues the Planning Commission and the neighbors expressed. (Commissioner Gray voted against it; Chairman Chelf was recused due to proximity of his property to subject lot and Commissioner Kirkpatrick was absent - however, at the previous meeting of the Planning Commission he voted to direct staff to bring a Resolution of approval). -1- • • 4. During the review process concerns were expressed by neighbors regarding construction vehicles parking in the common driveway leading to Crest Road East, a privacy landscaping to buffer the pool from the property at 73 Crest Rd. East, property below subject site, lot stability question and a drainage from this property onto a driveway of the property below. A condition of approval is included in the Resolution requiring that construction vehicles park entirely on -site at 71 Crest Road E. and if the common portion of the driveway is damaged, the applicants must repair it. In addition, the project representative provided a concept landscaping agreeing to remove only those shrubs that are necessary to be removed for construction and re - vegetating the area and to maintain the remaining vegetation. He also provided a statement that if any existing trees located on the hillside between the pool and 73 Crest Road East are affected by the construction, that they would be replaced. A condition to that effect has been included in the Resolution. Ms. Brown has also questioned the stability of the hillside for the pool construction. A letter was submitted from the soil engineer, (attached) stating that with the proper construction (caissons) the hillside is stable for the pool construction. Geotechnical report was prepared on the property for the additions; but not specifically for the pool. The building department, prior to issuance of a building permit will require a geotechnical report for the pool area as well. Ms. Brown brought up a concern regarding a possible clogged drainage outlet on 71 Crest Rd. E, which results in water overflowing onto her driveway. Staff viewed the drainage and included a condition in the Resolution requiring that drainage plans be submitted to the Building Department for review and approval, and if any repairs are necessary the applicant shall comply with the building dept. requirements and maintain the drainage devices in proper working condition at all times. The neighbor stated in an email to staff that she was satisfied with the project as conditioned. 5. Those Commissioners voting for the project found that the proposed project fits on the property, will not be obtrusive, is of small scale, will not be visible from neighbors and that the configuration of the lot, which is a flag lot, and location of the existing residence, makes it difficult to make any improvements elsewhere on the property. Further, the lot is constraint with easements to the adjacent lot, area of which is deducted from the net lot calculation for the lot, but the paved portion of the driveway is calculated towards the total lot coverage of the lot, which contributes to the exceedance of 35% maximum permitted coverage, (proposed 35.7%). BACKGROUND 6. The property is zoned RAS-2 and the gross lot area is 2.37 acres. The net lot area is 1.54 acres or 67,431 square feet. The lot is irregular in shape at it starts 450 feet south of ZC NO. 900 -2- • • Crest Road East at a very narrow point that then flares out into a triangle. The property line then bends to the east where the building pad is located. The property is limited by two easements. There is a 25-foot wide RHCA easement along the western property line of the lot and a 30-foot wide driveway easement for access to 73 Crest Road East that runs through the lot. A separate driveway leads to the residence for 71 Crest Road East. 7. The property is currently developed with a 2,075 square foot residence and a 455 square foot garage. In February, 2015 a 999 square foot addition to the residence was approved administratively as less than 50% of the walls were proposed to be demolished for the renovation, per Municipal Code 17.44.020C.. The existing 455 square foot garage is proposed to be converted to living space and a new 420 square foot garage constructed. Also approved administratively was a breezeway, trellises (229 square foot attached trellis and 458 square foot detached), a 40 square foot outdoor kitchen, a 130 square foot water feature, and a 96 square foot service yard. A 450 square foot stable and 550 square foot corral, and stable access set aside are provided on the property. To ensure compliance with the code requirement in case more than 50% of the exterior walls need to be demolished, the applicant staked the proposed addition/renovation on Tuesday, March 15, 2016 and staff provided notice to all residents within 1,000 foot radius of the project to inform them of the potential demolition of more than 50% of the existing residence and addition of 999 square feet. Pursuant to Municipal Code Section 17.44.020E should an otherwise over the counter approvable addition include 50% or more demolition of the existing residence, neighbors within 1,000 foot radius are notified and a silhouette of the project constructed. The noticed residents are provided 14 days to comment on the project. Should there be an objection from more that one noticed property, staff would not be able to approve the addition administratively and the project would be referred to the Planning Commission for a Site Plan Review. No neighbors came forward regarding the addition, where more than 50% of the residence would be demolished, therefore the applicant may proceed with over-the-counter approval. 8. With the 999 square foot addition the property will be developed with a 3,109 square foot residence, 420 square foot garage, attached to the main house by a 70 square foot breezeway, 375 square foot swimming pool, 20 square foot pool equipment area, 517 square foot attached trellises, 458 square feet detached trellis and other miscellaneous structures. MUNICIPAL CODE COMPLIANCE 9. The structural lot coverage on the lot, with the approved addition, will be 5,685 square feet or 8.4%; and with the allowable deduction 7.5%. The proposed total lot coverage will increase from 23,449 square feet or 34.8% (incl. the 999 square foot addition and miscellaneous structures approved administratively) to 24,042 square feet or 35.7%, with the allowable deduction; where maximum permitted is 35% (Municipal Code 17.16.070A2). ZC NO. 900 -3- • • 10. Coverage on the residential building pad of 13,924 square feet will be 29.4%. Coverage on the future stable pad of 1,094 square feet will be 41.1%. A set aside area for a future stable and corral and access have been provided. 11. The disturbance on the lot is currently at 69%, which is higher than the maximum permitted of 40% and is legal non -conforming (Municipal Code 17.16.070B). The pool, trellis, and future stable access will not increase disturbance as the areas have been disturbed previously. The driveway easement for access to 73 Crest Road East accounts for much of the disturbance. The grading will consist of 70 cubic yards of cut/excavation for the pool and catchment basin, most of which will be exported. 25 cubic yards cut and 25 cubic yards of fill will be needed for the future stable access, which is not proposed at this time. 12. The proposed pool, catchment basin, pool equipment area and attached trellis encroach into the rear yard setback. Rear yard setbacks are to be no less than 50 feet from the rear property line and must remain free of structures, therefore a variance is requested. (Municipal Code 17.16.130A.) The proposed pool catchment basin wall is 2' in height and visible aboveground and the proposed pool wall is 3' in height above the 2' high proposed catchment basin wall. 13. In response to justification for the variance to locate the trellis and the swimming pool in the rear setback, the applicant's agent states that due to the existing location of the residence, very close to the rear setback line, and the configuration of the lot there is no other reasonable area to construct other improvements. Regarding the variance to exceed the total structural coverage he states that the lot is constrained with a developed driveway that leads to another property and the area of the easement for this driveway is deducted from the net lot area for the lot; therefore significantly reducing the size of the subject property. 14. Rolling Hills Community Association will review this project at a later date. 15. When reviewing a development application the Planning Commission considers whether the proposed project meets the criteria for a Variance and must find that the proposed uses are consistent with the General Plan and development standards of the City, including provision for open space and maintaining rural environment and that the uses will not adversely affect adjacent properties. 16. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA), Class 3. ZC NO. 900 . -4- . .. • • ZC. NO. 900 SITE PLAN REVIEW II EXISTING RA-S- 2 ZONE SETBACKS SINGLE FAMILY RESIDENCE Front 50 ft. from front easement line WITH GARAGE & TRELLISES Side: 35 ft. from property line Rear: 50 ft. from rear property line STRUCTURES (Variance required for structures in setback and total coverage STRUCTURAL LOT COVERAGE (20% maximum) TOTAL LOT COVERAGE (35% maximum) BUILDING PADS (30% guideline) GRADING Site Plan Review required if excavation and/or fill or combination thereof that is more than 3 feet in depth and covers more than 2,000 sq.ft.) must be balanced on site. DISTURBED AREA (40% maximum; any graded building pad area, any remedial grading (temporary disturbance), any graded slopes and building pad areas, and any nongraded area where impervious surfaces exist.) STABLE (min. 450 SO.FT. & 550 SO.FT. CORRAL) STABLE ACCESS ROADWAY ACCESS VIEWS PLANTS AND ANIMALS Residence Garage Pool Pool equipment Stable Att. Trellis Breezeway Det. Trellis Outdoor Kitchen Water feature Service yard TOTAL 15.8% 134.8% 3109 sq.ft. 420 sq.ft. 0 sq.ft. 0 sq.ft 0 sq.ft. 229 sq.ft. 70 sq.ft. 458 sq.ft 40 sq.ft 130 sq.ft 96 sq.ft. 4,552 sq.ft. Pad 1- Residence- 28.3% Pad 2 - future stable N/A 69.0% of the net lot area N/A N/A I Existing driveway approach I N/A N/A PROPOSED TRELLIS, POOL/SPA, Residence Garage Pool Pool equipment Stable (future) Att. Trellis Breezeway Det. Trellis Outdoor Kitchen Water feature Service yard 3109 sq.ft. 420 sq.ft. 375 sq.ft. 20 sq.ft. 450 sq.ft. 517 sq.ft. 70 sq.ft. 458 sq.ft 40 sq.ft 130 sq.ft 96 sq.ft TOTAL 5,685 sq.ft 5,067 sq.ft. w/allowances or 7.5% of 67,431 sq.ft. net lot area 24,042 sq.ft. w/ allowances or 35.7% of 67,431.ft. net lot area Pad 1- 29.4% of 13,924 sf. pad Pad 2 - 41.1 % of 1,094 sf. pad 70 cubic yards of cut/excavation for the pool to be exported 25 cubic yards for future proposed stable access 69.0% of the net lot area 450 sq.ft. stable 550 sq.ft corral Future proposed from exst. drwy Existing driveway approach N/A N/A ZC NO. 900 -5- • 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. ZC NO. 900 -6- • rs-cz,11 'rr-+tPs .514,A4,4- OP- Far-- . MAY • • ....• • City. of Q, in By • , • • . • . ;.•••••• • • . . S COAST GEOTECHNICAL, INC. 1200 West Commonwealth. Fullerton. CA 92833 • Ph: (7141870-1211 • Fax: (7141870-1222 • email: coastaeotecr sbcalobal.net May 3, 2016 W.O.492715-03 Mr. and Mrs. Luchini 6 Bay Tree Lane Mill Valley, CA 94941 Subject: Opinion Report for Proposed Pool at at 71 Crest Road East, Rolling Hills, California Reference: 1. Geotechnical and Geologic Investigation of Proposed Site Improvements at 71 Crest Road East, Rolling Hills, California,; by COAST GEOTECHNICAL, INC., W.O. 492715-01, dated August 3, 2015. Mr. Luchini: At the request of your architect this opinion letter has been prepared to address the construction of a proposed pool at the subject property. The proposed pool location is depicted on the attached plan. Construction of the pool from a geotechnical perspective is feasible. The pool would require support by drilled caisson to comply with bedrock embedment and H/3 foundation setback from a descending slope condition. Our opinion is that the pool construction would not be detrimental to the stability of the slope, nor have an adverse geotechnical affect on the adjacent down slope property. We appreciate this opportunity to be of service to you. Respectfully submitted: COAST GEOTECHNICAL, Inc. d)d-\crt_t: Ming-Tarng Chen RCE 54011 41a° Todd D. House CEG 1914 E 2016 City of Rolling Hills By TO: FROM: • lei �Ra qe. • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No.: 4A Mtg. Date: 4-19-16FT HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR WENDY STARKS, ASSOCIATE PLANNER APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: DATE PUBLISHED: ZONING CASE NO. 900 71 CREST ROAD EAST (69E-1 MS) RA-S-2, 2.37 ACRES (GROSS) MR. BRAZY AND MS. LUCHINI CRISS GUNDERSON, ARCHITECT APRIL 7, 2016 REQUEST AND RECOMMENDATION 1. The applicants Mr. Brazy and Ms. Luchini request a variance to locate a 375 square foot pool with infinity edge walls and a 288 square foot attached trellis entirely in the rear yard setback, and to exceed total lot coverage on the lot (maximum permitted is 35%). 2. It is recommended that the Planning Commission review the staff report, view the project in the field, open the public hearing, take public testimony and continue the meeting to the evening Planning Commission meeting on April 19, 2016. BACKGROUND 3. The property is zoned RAS-2 and the gross lot area is 2.37 acres. The net lot area is 1.54 acres or 67,431 square feet. The lot is irregular in shape at it starts 450 feet south of Crest Road East at a very narrow point that then flares out into a triangle. The property line then bends to the east where the building pad is located. The property is constrained by two easements. There is a 25-foot wide RHCA easement along the entire western property line of the lot and a 30-foot wide driveway easement for access to 73 Z.C. No. 900 • • Crest Road East that runs through the lot. A separate driveway leads to the residence for 71 Crest Road East. 4. The property is currently developed with a 2,075 square foot residence and a 455 square foot garage. In February, 2015 a 999 square foot addition to the residence was approved administratively as less than 50% of the walls were proposed to be demolished for the renovation, per Municipal Code 17.44.020C. That administrative approval included: a 579 square foot addition to the residence, and a new 420 square foot garage. The existing 455 square foot garage is proposed to be converted to living space. Also approved administratively was a breezeway, trellises (229 square foot attached trellis and 458 square foot detached), a 40 square foot outdoor kitchen, a 130 square foot water feature, and a 96 square foot service yard. A 450 square foot stable and 550 square foot corral, and stable access set aside were shown on the property. However, to ensure compliance with the code requirement in case more than 50% of the exterior walls need to be demolished, the applicant staked the proposed addition/renovation on Tuesday, March 15, 2016 and staff provided notice to all residents within 1,000 foot radius of the project to inform them of the potential demolition of more than 50% of the existing residence and addition of 999 square feet. Pursuant to Municipal Code Section 17.44.020E should an otherwise over the counter approvable addition include 50% or more demolition of the existing residence, neighbors within 1,000 foot radius are notified and a silhouette of the project must be constructed. The noticed residents are provided 14 days to comment on the project. Should there be an objection from more that one noticed property, staff would not be able to approve the addition administratively and the project would be referred to the Planning Commission for a Site Plan Review. No neighbors came forward regarding the addition, where more than 50% of the residence will be demolished, therefore the applicant may proceed. 5. With the 999 square foot addition the property will be developed with a 3,109 square foot residence, 420 square foot garage, attached to the main house by a 70 square foot breezeway, 375 square foot swimming pool, 20 square foot pool equipment area, 517 square foot attached trellis, 458 square feet detached trellis and other miscellaneous structures. MUNICIPAL CODE COMPLIANCE 6. The structural lot coverage on the lot, with the previously approved addition, will be 5,685 square feet or 8.4%; and with the allowable deduction 7.5%. The proposed total lot coverage will increase from 23,449 square feet or 34.8% (with the 999 square foot addition) to 24,042 square feet or 35.7%, with the allowable deduction; where maximum permitted is 35% (Municipal Code 17.16.070A2). 7. Coverage on the residential building pad of 13,924 square feet will be 29.4%. Coverage on the future stable pad of 1,094 square feet will be 41.1%. Z.C. No. 900 • • 8. The disturbance on the lot is currently at 69%, which is higher than the maximum permitted of 40% and is legal non -conforming (Municipal Code 17.16.070B). The pool, trellis, and future stable access will not increase disturbance as the areas have been disturbed previously. The driveway easement for access to 73 Crest Road East accounts for much of the disturbance. The grading will consist of 70 cubic yards of cut/excavation for the pool and catchment basin, which will be exported. 25 cubic yards cut and 25 cubic yards of fill will be needed for the future stable access, which is not proposed at this time. 9. The proposed pool, catchment basin, pool equipment area and attached trellis encroach into the rear yard setback. Rear yard setbacks are to be no less than 50 feet from the rear property line and must remain free of structures, therefore a variance is requested. (Municipal Code 17.16.130A.) The proposed pool catchment basin wall is 2' in height and visible aboveground and the proposed pool wall is 3' in height above the 2' high proposed catchment basin wall. 10. Future access to the stable is proposed from the existing property's driveway and will require 30" maximum walls. The future stable will require a Conditional Use Permit when it is constructed and the stable access, walls, and associated grading will be reviewed at that time. 11. The resident at 73 Crest Road East reviewed the plans and requested that the pool equipment be relocated east of the existing residence and away from their property. The applicant's representative stated that although the applicants agreed to relocate the pool equipment, there isn't an area that is accessible and mostly flat to place the pool equipment elsewhere and would therefore like to keep the pool equipment where it was originally proposed. 12. In response to justification for the variance to locate the trellis and the swimming pool in the rear setback, the applicant's agent states that due to the existing location of the residence, very close to the rear setback line, and the configuration of the lot there is no other reasonable area to construct other improvements. Regarding the variance to exceed the total structural coverage he states that the lot is constrained with a developed driveway that leads to another property and the area of the easement for this driveway is deducted from the net lot area for the lot; therefore significantly reducing the size of the subject property. 13. Rolling Hills Community Association will review this project at a later date. 14. When reviewing a development application the Planning Commission must consider whether the proposed project meets the criteria for a Variance and must find that the proposed uses are consistent with the General Plan and development standards of the City, including provision for open space and maintaining rural environment and that the uses will not adversely affect adjacent properties. Z.C. No. 900 • • 15. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA), Class 3. ZC. NO. 900 SITE PLAN REVIEW RA-S- 2 ZONE SETBACKS Front: 50 ft. from front easement line Side: 35 ft. from property line Rear: 50 ft. from rear property line STRUCTURES (Variance required for structures in setback and disturance STRUCTURAL LOT COVERAGE (20% maximum) TOTAL LOT COVERAGE (35% maximum) BUILDING PADS (30% guideline) GRADING Site Plan Review required if excavation and/or fill or combination thereof that is more than 3 feet in depth and covers more than 2,000 sq.ft.) must be balanced on site. DISTURBED AREA (40% maximum; any graded building pad area, any remedial grading (temporary disturbance), any graded slopes and building pad areas, and any nongraded area where impervious surfaces exist.) STABLE (min. 450 SO.FT. & 550 SO.FT. CORRAL) STABLE ACCESS ROADWAY ACCESS VIEWS PLANTS AND ANIMALS Z.C. No. 900 EXISTING SINGLE FAMILY RESIDENCE WITH GARAGE & TRELLISES Residence Garage Pool Pool equipment Stable Att. Trellis Breezeway Det. Trellis Outdoor Kitchen Water feature Service yard 3109 sq.ft. 420 sq.ft. 0 sq.ft. 0 sq.ft 0 sq.ft. 229 sq.ft. 70 sq.ft. 458 sq.ft 40 sq.ft 130 sq.ft 96 sq.ft. PROPOSED TRELLIS, POOL/SPA, Residence Garage Pool Pool equipment Stable (future) Att. Trellis Breezeway Det. Trellis Outdoor Kitchen Water feature Service yard 3109 sq.ft. 420 sq.ft. 375 sq.ft. 20 sq.ft. 450 sq.ft. 517 sq.ft. 70 sq.ft. 458 sq.ft 40 sq.ft 130 sq.ft 96 sq.ft TOTAL 4,552 sq.ft. TOTAL 5,685 sq.ft 5.8% 5,067 sq.ft. w/ allowances or 7.5% of 67,431 sq.ft. net lot area 34.8% 24,042 sq.ft. w/allowances or 35.7% of 67,431.ft. net lot area Pad 1- Residence- 28.3% Pad 2 - future stable N/A 69.0% of the net lot area N/A IN/A I Existing driveway approach N/A I N/A Pad 1- 29.4% of 13,924 sf. pad Pad 2 - 41.1 % of 1,094 sf. pad 70 cubic yards of cut/excavation for the pool to be exported 25 cubic yards for future proposed stable access 69.0% of the net lot area 1 450 sq.ft. stable 550 sq.ft corral Future proposed from exst. I drwy I Existing driveway approach I Planning Commission review I Planning Commission review • • 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. Z.C. No. 900