773, Construct a pool & a larger st, Staff ReportsTO:
FROM:
•
•
eet# 06 Rae, c INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
Agenda Item No.: 5A
Mtg. Date: 2-22-10
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
YOLANTA SCHWARTZ, PLANNING DIRECTOR
THROUGH: ANTON DAHLERBRUCH, CITY MANAGER
SUBJECT:
SITE LOCATION:
ZONING AND SIZE:
APPLICANT:
REPRESENTATIVE:
PUBLISHED:
RECOMMENDATION
ZONING CASE NO. 773, SITE PLAN REVIEW AND
VARIANCES
1 CREST ROAD EAST (LOT 1-FT)
RA-S-2, 4.8 ACRES (GROSS)
MR. AND MRS. HUH
GEORGE SWEENEY, ARCHITECT
DOUGLAS MCHATTIE, BOLTON ENGINEERING
FEBRUARY 11, 2010
It is recommended that the City Council accept the letter of withdrawal of this application from
the property owners.
BACKGROUND.
The Planning Commission approved the request in Zoning Case No. 773 at their January 19, 2010
meeting. At the January 25, 2010 City Council meeting, Council members took the case under
jurisdiction and a public hearing was scheduled for February 22, 2010. Pursuant to Section
17.54.015 of the Zoning Code, "the City Council may on its own initiative review all actions of
the Planning Commission taken by resolution approving or denying a development project. The
review hearing shall be noticed and shall be conducted as a de novo hearing. The Council may act
to uphold, overturn, or otherwise modify the Commission's original action on the proposal, or the
Council may remand the application back to the Commission for further review and direction".
The applicants requested to withdraw the application at this time. Their letter is attached.
• •
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•
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
Agenda Item No.: 4-B
Mtg. Date: 1-25-10
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR
THROUGH: ANTON DAHLERBRUCH, CITY MANAGER
SUBJECT: RESOLUTION NO. 2010-02. A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A SITE PLAN
REVIEW FOR CONSTRUCTION OF A STABLE AND CORRAL, WHICH REQUIRE
GRADING; VARIANCE REQUEST TO CONSTRUCT A POOL PARTIALLY IN THE
REAR YARD SETBACK, A CORRAL IN THE REAR YARD SETBACK AND TO
EXCEED THE MAXIMUM PERMITTED DISTURBED NET LOT AREA, ON A LOT
THAT CONTAINS A CONDITION THAT ANY FURTHER DEVELOPMENT MUST BE
REVIEWED BY THE PLANNING COMMISSION AND WHICH IS DEVELOPED
WITH SINGLE FAMILY RESIDENCE AND ACCESSORY STRUCTURE, IN ZONING
CASE NO. 773, AT 1 CREST ROAD EAST, (LOT 1-FT), (HUH). PROJECT HAS BEEN
DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT.
DATE: JANUARY 25, 2010
RECOMMENDATION
1. It is recommended that the City Council receive and file this report or provide
other direction to staff.
REOUEST AND PLANNING COMMISSION APPROVAL
2 Request for a Site Plan Review for grading of 185 cubic yards of cut and 185 cubic yards
of fill to construct a 450 square foot stable with 260 square foot porch, a 544 square foot
swimming pool, stable access and 1,000 square foot corral; a Variance to disturb additional area
in order to accommodate the stable and corral construction, (which would surpass the previously
approved exceedance of the disturbed net lot area by 0.4%), and a Variance to permit 270 square
feet of the proposed 544 square foot infinity pool at the edge of the expanded rear yard to
encroach up to 14 feet into the rear setback, (which includes the spillway). A Variance to locate a
•
portion of the corral further than normally permitted into the rear setback. A 39 square foot spa
and 48 square foot pool equipment area are also proposed to be constructed.
3. The Planning Commission adopted Resolution No. 2010-02, which is attached,
on January 19, 2010 at the regular meeting granting approval in Zoning Case No. 773. The vote was
3-1-1. Chairwoman DeRoy was absent and excused from deliberation because she lives in
proximity to subject project. Commissioner Smith dissented stating that she does not believe this
project meets the intent of the General Plan and that there are other unique properties that front on
multiple roads where the net lot area is reduced due to large roadway easements.
4. The attached resolution contains standard findings of facts and conditions including;
That any further development on the property, may be approved with Planning Commission review
only
• That the westerly portion of the pool equipment wall be sunken additional 1.5-2 feet into the slope;
that it be screened from the road; that it be sound insulated.
• That the project be screened from the road and adjacent properties by landscaping, which would not
create a continuous hedge screen.
• That the landscaping along the roadways be maintained in a manner as not to create a continuous
hedge screen.
• That prior to obtaining construction permits a landscaping plan be submitted to the City.
BACKGROUND:
5. During the review process of subject development application, the Planning Commission
reviewed an original proposal and suggested that it be scaled down. The original application was for
a 900 square foot stable with 353 square foot porch with 14-foot wide access and 609 square foot
swimming pool. The applicants submitted revised plan requesting a 450 square foot stable with
1,000 square foot corral; 544 square foot swimming pool, which including the spillway will
encroach 14 feet into the rear setback. The stable access is proposed to be 10 feet wide. The
applicants also lowered the height of the structure by 18" to 2 feet. Overall, the size of the structures
were reduced by 539 square feet and the covered porch by 93 square feet.
A neighbor at 5 Crest Rd. E. provided input and concerns with the original project, but was satisfied
with the final approval of the scaled down project.
6. In 2005 the Planning Commission granted approval for grading consisting of 445 cubic
yards of cut and 445 cubic yards of fill, 2,690 square foot addition to the existing residence, 976
square foot basement, 744 square foot guest house, 450 square feet future stable with 550 square
foot corral and 583 square foot swimming pool with spa. The disturbed area was approved at
36.9%. No Variances were requested at that time. Three building pads were approved that were
separated by 2:1 slopes and the rear of the lot, where theproposed pool was to be located was on a
different level than the main house. A 2:1 slope continued past the pool pad towards Portuguese
Bend Road to the rear.
7. In May 2009, the Planning Commission followed by the City Council. approved a
modification to the 2005 approval. The request for modification was to permit additional grading of
ZC.No. 773
City Council
• •
467 cubic yards of cut and 467 cubic yards of fill for a total of 912 cubic yards, which was
conducted prior to City's review and approval of the additional grading and which caused
exceedance of the maximum allowed disturbance of the lot (54.2%), requiring a Variance.
8. With the modification the property owners removed the swimming pool from the application,
but now wish to construct an infinity pool on the expanded rear yard, and encroach into the rear
yard.
9. Currently the house addition, remodel and the guest house are under construction and the
rough grading is completed and was approved by the County soils, geology and grading divisions.
10. The disturbed net lot area for this project was approved at 36.9% in 2005. It was amended
with a Variance to 54.2% in May 2009, which included a pad for a 450 square foot stable. The
requested application calls for additional 185 cubic yards of cut and 185 cubic yards of fill for the
corral and stable access. The disturbed area will be increased by 0.4% to 54.6%.
11. The property is zoned RAS-2. The gross lot area is 4.8 acres or 209,088 sq.ft. The net lot
area for development purposes is 98,960 square feet, (2.27 acres). The lot is irregular in shape and
is located along two major streets, Crest Road and Portuguese Bend Road. The roadway easement
along Crest Road is 50 feet. In the rear of the property, the entire road, or 60-feet wide Portuguese
Bend Road roadway easement. is located on this property. For development purpose, to calculate
the net lot area, the roadway easements plus ten feel along all property lines are deducted from the
gross lot area. Therefore in this case, 70 feet from the edge of the property line along the entire
rear, and 60 feet along the entire front is deducted from the gross lot area to arrive at the net lot
area, (deduct roadway easements plus 10 feet).
MUNICIPAL CODE COMPLIANCE
12. The applicants are not planning to build a 213 square foot covered porch previously
approved for the house. The structural coverage of the lot is proposed to be 10,601 square feet or
10.7%, (max. 20% permitted). The total lot coverage, including the pool and stable as well as all
other structures and hardscape is proposed to be 23,798 square feet or 24.0%, (max. 35%
permitted). •
13. The grading quantities generated from this project consisted of 912 cubic yards of cut and.
912 cubic yards of fill, which included all the excavated material from footings, foundations and
the basement. This proposal calls for additional 185 cubic yard of cut and fill to enlarge the corral.
With the modification last spring the disturbed area was approved at 53,600 square feet or 54.2%
of the net lot area, which required a Variance. The additional disturbed area is 450 square feet or
0.4% of the net lot area for the expanded corral. The resulting disturbed area will be 54.6%, which
requires a Variance.
14. With the adjusted grading the building pads were approved as follows: residential building
pad is 29,520 square feet and will have coverage of 28.7%. The guest house pad is 12,800 square
feet with coverage of 10.7%, which includes the swimming pool, and the guest house; and the
stable building pad will 1,950 square feet and will have coverage of 713 sq.ft. or 36.5%, which
ZC.No. 773
City Council
includes 215 square feet of the 260 square foot covered porch, stable and pool equipment.
Combined coverage on all pads is proposed at 23.9%.
15. In response for justification for the variance request for locating a portion of the pool in
the setback, the applicants' representative states that the setback requirements for pool and other
accessory uses are extreme. In this particular case the entire paved road of Portuguese Bend Road
and the roadway easement are on the Huh property. He states that almost two acres of the lot is
encumbered with street easements, plus the areas for deduction for the net lot area. The road
easements alone encumber 1.5 acres.
16. The project has been determined to be categorically exempt pursuant to the California
Environmental Quality Act (CEQA).
CONCLUSION
17. When reviewing a site plan review application the Planning Commission considers
whether the proposed project is consistent with the City's General Plan; incorporates
environmentally and aesthetically sensitive grading practices; preserves existing mature
vegetation; is compatible and consistent with the scale, massing and development pattern in the
immediate project vicinity; and otherwise preserves and protects the health, safety and welfare of
the citizens of Rolling Hills.
18. In considering the request for Variances, the Commission considers the criteria for
granting of a Variance.
19. The lot is irregular in shape and its location along two major roadways creates a hardship in
that the net lot area is much smaller than if the lot was an interior lot or if the road (Portuguese
Bend Road) did not traverse the property. The gross lot area is 4.8 acres, but only 2.27 are counted
as net lot area for development purposes.
20. The project provides for construction of a stable, corral and access.
OTHER AGENCIES REVIEW
21. The Rolling Hills Community Association Architectural Committee will review the project
at a later date.
ZC.No. 773
City Council
SITE PLAN REVIEW CRITERIA
17.46.010 Purpose.
The site plan review process is established to provide discretionary review of certain
development projects in the City for the purposes of ensuring that the proposed project is
consistent with the City's General Plan; incorporates environmentally and aesthetically sensitive
grading practices; preserves existing mature vegetation; is compatible and consistent with the
scale, massing and development pattern in the immediate project vicinity; and otherwise
preserves and protects the health, safety and welfare of the citizens of Rolling Hills.
17.46.050 Required findings.
A. The Commission shall be required to make findings in acting to approve,
conditionally approve, or deny a site plan review application.
B. No project which requires site plan review approval shall be approved by the
Commission, or by the City Council on appeal, unless the following findings can be made:
1. The project complies with and is consistent with the goals and policies of the general
plan and all requirements of the zoning ordinance;
2. The project substantially preserves the natural and undeveloped state of the lot by
minimizing building coverage. Lot coverage requirements are regarded as maximums, and the
actual amount of lot coverage permitted depends upon the existing buildable area of the lot;
3. The project is harmonious in scale and mass with the site, the natural terrain and
surrounding residences;
4. The project preserves and integrates into the site design, to the greatest extent
possible, existing topographic features of the site, including surrounding native vegetation,
mature trees, drainage courses and land forms (such as hillsides and knolls);
5. Grading has been designed to follow natural contours of the site and to minimize the
amount of grading required to create the building area;
6. Grading will not modify existing drainage channels nor redirect drainage flow, unless
such flow is redirected into an existing drainage course;
7. The project preserves surrounding native vegetation and mature trees and supplements
these elements with drought -tolerant landscaping which is compatible with and enhances the
rural character of the community, and landscaping provides a buffer or transition area between
private and public areas;
8. The project is sensitive and not detrimental to the convenient and safe movement of
pedestrians and vehicles; and
9. The project conforms to the requirements of the California Environmental Quality Act.
SOURCE: City of Rolling Hills Zoning Ordinance
ZC.No. 773
City Council
VARIANCE REQUIRED 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; and
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; and
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; and
D. That in granting the variance, the spirit and intent of this title will be observed; and
E. That the variance does not grant special privilege;
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. 773
City Council
r
ZONING CASE NO. 773
SITE PLAN REVIEW
RA-S- 2 ZONE
SETBACKS
Front: 50 ft. from front
easement line
Side: 35 ft. from prop.
line
Rear: 50 ft. from prop.
line
STRUCTURES
(Site Plan Review
required if size of
structure increases by at
least 1,000 sq.ft. and
has the effect of
increasing the size of
the structure by more
than 25% in a 36-month
period).
STRUCTURAL LOT
COVERAGE
(20% maximum)
TOTAL LOT
COVERAGE
(35% maximum)
RESIDENTIAL
BUILDING PAD (30%
maximum -guideline)
STABLE PAD
GUEST HOUSE PAD
COMBINED
PRIOR TO ANY
ADDITION/RENOVATION
SINGLE FAMILY
RESIDENCE
Residence
Garage
Service Yd.
Stable
Porte Cochere
Covered porch
Deck
4199 s.f
858 s.f.
96 s.f.
0
416 s.f.
175 s.f.
192 s.f.
TOTAL 5,936 s.f.
6.0% of 98,960 sq.ft. net
lot area
12.8% (12,656 sq.ft.)
18.4%
PREVIOUSLY
APPROVED (2005)
SUBSTANTIAL
ADDITION, POOL
AND GUEST HOUSE
Residence 6700 s.f.
Garage 1020 s.f
Service Yd. 96 s.f.
Stable future 450 s.f.
Porte Cochere 461 s.f.
Covered porch 271 s.f.
Deck 192 s.f.
Pool/spa 583 s.f.
Pool eqpm. 48 s.f.
Guest hs. 744 s.f.
Basement 976 s.f.
TOTAL 10,871
11.0% of 98,960 sq. ft.
net lot area
21.7% (21,455 sq.ft.)
28.2% of 32,480 sq.ft.
23.4% of 1,920 sq.ft.
pad
19.8% of 3,760 sq.ft.
pad
PREVIOUSLY
APPROVED (2009)
SUBSTANTIAL
ADDITION AND
GUEST HOUSE. AS
GRADED & VARIANCE
Residence 6722 s.f.
Garage 1045 s.f.
Service Yd. 96 s.f.
Stable future 450 s.f.
Porte Cochere 461 s.f.
Covered porch 213 s.f.
Deck 192 s.f.
Pool 0
Pool eqpm. 0
Guest hs. 744 s.f.
Basement 765 s.f.
TOTAL 9,923
10.0% of 98,960 sq. ft.
net lot area
19.5% or 19,278 sq.ft.
29.6%-of 29,520 sq.ft.
pad
23.4% of 1,920 sq.ft.
pad
5.8% of 12,800 sq.ft.
pad
PROPOSED
11-09
SWIMMING POOL,
SPA, STABLE AND
STABLE/ACCESS
GRADING
Residence 6722 s.f.
Garage 1045 s.f.
Service Yd. 96 s.f..
Stable 900 s.f.
Stable porch 353 s.f.
Porte Cochere 461 s:f.
Covered porch 0 s.f.
Deck 192 s.f.
Pool/spa 672 s.f.
Pool eqpm . 48 s.f.,
Guest hs. 744 s.f.
Basement 765 s.f.
TOTAL 11,234 s.f.
11.2% of 98,960 sq. ft.
net lot area
24.6% or 24,310 sq.ft.
(inc.. pool deck)
28.7% of 29,520 sq.ft.
pad
48.5% of 2,400 sq.ft.
pad
10.9% of 12,800 sq.ft.
pad
24.5%
CURRENTLY
PROPOSED
SWIMMING POOL,
SPA, STABLE AND
STABLE/ACCESS
GRADING
Residence 6722 s.f.
Garage 1045 s.f.
Service Yd. 96 s.f.
Stable 450 s.f.
Stable porch 260 s.f.
Porte Cochere 461-s.f.
Covered porch . 0 s.f.
Deck 192 s.f.
Pool/spa 583 s.f.
Pool eqpm 48 s.f.
Guest hs. 744 s.f.
Basement 765 s.f.
TOTAL 10,601 s.f
10.7% of 98,960 sq. ft.
net lot area
24.0% or 23,798 sq.ft.
(inc. pool deck)
28.7% of 29,520 sq.ft.
pad
36.5% of 1,950 sq.ft.
pad
10.7% of 12,800 sq.ft.
pad
23.9%
GRADING
Site Plan Review
required if excavation
and/or fill or combination
thereof that is more than
3 feet in depth or covers
more than 2,000 sq.ft
N/A
DISTURBED AREA 31%
(40% maximum)
STABLE (min. 450 N/A
& 550 SQ.FT. CORRAL)
STABLE ACCESS N/A
ROADWAY ACCESS Existing driveways from
Crest Road
VIEWS N/A
PLANTS AND ANIMALS N/A
445 c.y. cut and 445
c.y. fill
36.9% or 36,592 sq.ft
of
98,960 sq. ft. net lot
area
Future 450 sq.ft
stable; 550 sc1.ft. corral
From Portuguese
Bend Road
Existing driveways
from Crest Rd. East
Planning Commission
condition
Planning Commission
condition
912 c.y. cut and 912
c.y. fill (no export)
54.2% or 53,600 sq.ft.
of
98,960 sq.ft. net lot area
Future 450 sq.ft stable;
550 sq.ft. corral
From Portuguese
Bend Road
Existing driveways from
Crest Rd. East
Planning Commission
condition
Planning Commission
condition
185 c.y. cut and 185
c.y. fill (no export)
TOTAL for entire project
1,097 c.y. cut and 1,097
c.y. fill
54.6% or 54,080 sq.ft.
of
98,960 sq.ft. net lot area
900 sq.ft stable; 1000
sq.ft. corral
From Portuguese
Bend Road
Existing driveways from
Crest Rd. East
Planning Commission
review
Planning Commission
review
185 c.y. cut and 185
c.y. fill (no export)
TOTAL for entire porject
1,097 c.y. cut and 1,097
c.y. fill
54.6% or 54,080 sq.ft.
of
98,960 sq.ft. net lot area
450 sq.ft stable; 1000
sq.ft. corral
From Portuguese
Bend Road
Existing driveways from
Crest Rd. East
Planning Commission
review
Planning Commission
review
•
411
RESOLUTION NO. 2010-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING
HILLS GRANTING A 'SITE PLAN REVIEW FOR CONSTRUCTION OF A STABLE
AND CORRAL, WHICH REQUIRE GRADING; VARIANCE REQUEST TO
CONSTRUCT A POOL PARTIALLY IN THE REAR YARD SETBACK, A CORRAL
IN THE REAR YARD SETBACK AND TO EXCEED THE MAXIMUM PERMITTED
DISTURBED NET LOT. AREA, ON 'A LOT THAT CONTAINS A CONDITION THAT
ANY FURTHER DEVELOPMENT MUST BE REVIEWED BY THE PLANNING
COMMISSION AND WHICH IS DEVELOPED WITH SINGLE FAMILY
RESIDENCE 'AND ACCESSORY STRUCTURE, IN ZONING CASE NO. 773, AT 1
CREST ROAD EAST, (LOT 1-FT), (HUH). PROJECT HAS BEEN DETERMINED TO
BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
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. and Mrs. Peter Huh with respect to
real property located at 1 Crest Road East (Lot 1-FT), Rolling Hills, CA requesting a Site
Plan Review for grading of 185 cubic yards of cut and 185 cubic yards of fill to construct
a 450 square foot stable with 260 square foot porch, a 544 square foot swimming pool,
stable access and 1,000 square foot corral; a Variance to disturb additional area, in order
to accommodate the -stable and corral construction, (which would surpass the previously
approved exceedance of the disturbed net lot area by 0.4%), and a Variance to permit 270
square feet of the proposed 544 square foot infinity pool at the edge of the expanded rear
yard to encroach up to 14 feet into the rear setback, (which includes the spillway). A
portion of the corral would also encroach into the rear setback. A 39 square foot spa and
48 square foot pool equipment area are also proposed to be constructed.
Section 2. The Planning Commission held duly noticed public hearings on October
18, November 17 and December 15, 2009 and at a field trip on November 17, 2009. At
the November 17, 2009 meeting, after visiting the site and receiving public input, the
Planning Commission recommended that the applicant scale down the project. The
applicants submitted revised plan, as approved by this resolution. During the filed trip
and subsequent meeting a neighbor at 5 Crest Rd. E. expressed concerns regarding this
project.
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 property owners and their representatives were
in attendance at the hearings.
Section 3. In 2005 the Planning Commission granted approval for grading consisting
of 445 cubic yards of cut and 445 cubic yards of fill, 2,690 square foot addition to the
existing residence, 976 square foot basement, 744 square foot guest house, 450 square
ZC NO. 773
• •
feet future stable with 550 square foot corral and 583 square foot swimming pool with
spa. The disturbed area was approved at 36.9%. No Variances were requested at that
time. Three building pads were approved that were separated by 2:1 slopes and the rear of
the lot, where a pool was to be located was on a different level than the main house. A
2:1 slope continued past the pool pad towards Portuguese Bend Road to the rear.
Section 4. In May 2009, the Planning Commission approved a modification to the
2005 approval. The request for modification was to permit additional grading of 467
cubic yards of cut and 467 cubic yards of fill for a total of 912 cubic yards, which was
conducted prior to City's review and approval of the additional grading and which caused
exceedance of the maximum allowed disturbance of the lot (54.2%), requiring a
Variance.
Section 5. With the May 2009 modification the property owners removed the
swimming pool from the application, but now wish to construct the pool on the expanded
rear yard. The applicants also propose to construct a stable and a corral.
Section 6. The Planning Commission finds that the project qualifies as a Class 3
Exemption (Guidelines for California Environmental: Quality Act, Section 15303) and is
therefore categorically exempt from environmental review under the California
Environmental Quality Act.
Section 7. Section 17.46.030 requires a development plan to be submitted for Site
Plan Review and approval before any grading requiring a grading permit or any building
or structure may be constructed. With respect to the request for a Site Plan application for.
additional grading for the stable, the Planning Commission makes the following findings
of fact:
A. The proposed grading amount is not significant and it complies with and is
consistent with the General Plan and the Zoning Ordinance (with the granting of the
variance below) because, among other reasons, the grading is for a stable and corral,
which is desirous in the City and the City encourages construction of stables and corrals.
The small quantity of grading will retain to the maximum extent feasible the natural
terrain of the area of the property where the stable is proposed and previously approved.
B. The project substantially preserves the natural and undeveloped state of the lot by
minimizing building coverage. Significant portions of the lot will be left undeveloped so
as to maintain open space on the property. The project will be screened from the street
and neighbors by trees and shrubs. The nature, condition, and development of adjacent
uses, buildings, and structures and the topography of the lot have been considered, and
the additional grading will not adversely affect or be materially detrimental to the
adjacent uses, buildings, or structures because the additional grading will be on a portion
of the lot which is least intrusiveto surrounding properties and will be further screened
and landscaped with trees and shrubs.
ZC NO. 773
C. The grading preserves and integrates into the site design existing topographic
features of the site.
D. Grading has been designed to follow natural contours of the site to the greatest
extent feasible and to minimize the amount of grading required for the building area.
E. Grading will not modify existing drainage channels nor redirect drainage flow
unless such flow is redirected into an existing drainage course. A drainage plan has been
approved by Los Angeles County Building and Safety and, which shows the drainage
following natural terrain.
F. The project preserves surrounding native vegetation and mature trees and will
supplement these elements with drought -tolerant landscaping. Prior to issuing a grading
permit, the applicant will be required to submit a landscaping plan to the City.
G. The project conforms to the requirements of the California Environmental Quality
Act and is exempt.
Section 8. Section 17.16.110 of the Municipal Code requires that rear yard setback in
the RAS-2 zoning district be fifty (50) feet from the rear property line, or from a roadway
easement line. Sections 17.38.010 through 17.38.050 permit approval of a Variance
from the standards and requirements of the Zoning Code 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. The applicant is
requesting permission to allow 544 square foot swimming pool, of which 270 square feet
would encroach 14-feet into the rear yard setback. 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 rear setback Code requirements. The property is
unique in that three of its sides abut a street, creating a much smaller area for determining
setbacks. The entire width of Portuguese Bend Road roadway easement is located on
subject parcel, and the rear setback is measured from the inside edge of the roadway
easement line, and not from the property line, which lessens the rear yard by 30 feet.
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 most beneficial manner and least intrusive way.
ZC NO.773 3
• •
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 rear setback would allow the remaining
portion of the lot to remain undeveloped. The proposed pool would be not less than 220
feet to the nearest residence. The structural lot coverage, the total lot coverage and
building pad requirements are within the requirements of the City code. The disturbed
area exceeds the maximum permitted and was previously approved at 54.2%.
D. Alternative locations were considered and studied by the applicant and the
Planning Commission and it was found that the proposed location for a pool of such a
small size would not be objectionable or violate the intent of the General Plan or the
Zoning Ordinance.
Section 9. 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 17.16.070 (B) is required because it states that the
lot disturbance shall be limited to 40.0% of the net lot area. The applicant is requesting a
Variance because total disturbance of the net lot area is proposed to be 54.6%, of which
54.2% was previously approved. 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 in the same zone. The
property is unique in that three of its sides abut a street, creating a much smaller area for
determining the amount of soil that can be disturbed than other properties that abut only
one or two streets. The City's requirements for net lot area measurements
disproportionately burden this property because two roadway easements, one of which
wraps around a third side of the property, plus ten feet around the entire property are
deducted from the gross lot area to come up with the net lot area for development
purposes. Portuguese Bend Road wraps around the parcel along the east side and
southeast side, where the roadway easement is 30 feet. The front of the property abuts
Crest Road East, which has a 50-foot roadway easement. The gross lot area of this lot is
4.8 acres. Because land is deducted along the two major streets of the property for the
easements instead of only one major street and one minor for most other properties, 2.53
acres are deducted for the net lot area measurements, resulting in a much smaller area
than other lots for determining the amount of area disturbance.
B. The variance is necessary for the preservation and enjoyment of a substantial
property right possessed by other properties in the same vicinity and zone, but which
would be denied to the property in question absent a variance. The overage is not
significant and the property owner should not be denied the privilege of constructing a
stable and corral, which are required and encouraged by the City. The construction of the
ZC NO. 773
• •
corral trigger the need for additional grading, which in turn exceeds the disturbed area of
the lot previously approved.
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. Significant portions of the lot will be left undeveloped so as to
maintain open space on the property.. The graded condition is on a portion of the lot
which is not intrusive to surrounding properties, and will be screened and landscaped
with trees and.. shrubs from nearby residences and from the street so that the graded
condition will not impact the view or privacy of surrounding neighbors, and will permit
the owners to enjoy their property without deleterious infringement on the rights of
surrounding property owners.
D. In granting the variance, the spirit and intent of the General Plan and the Zoning
Ordinance will be observed. The purpose of the Zoning Ordinance is to regulate
development in an orderly fashion and in a manner consistent with the goals and policies
of the General Plan. Approval of the variance will not impede any goals of the Zoning
Ordinance or the General Plan. The variance will allow the property owner to enjoy the
same rights and privileges afforded to other property owners in the vicinity.
E. The variance does not grant special privileges to the applicant because most
properties have at most two sides of their property subject to the roadway easements.
This variance merely allows this property to be developed as any comparable property
would be that abutted only two streets.
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 10. Section 17.16.200A of the Municipal Code allows stables, corrals and
related uses to be located no less than 25 feet from the rear property line. Sections
17.38.010 through 17.38.050 permit approval of a Variance from the standards and
requirements of the Zoning Code 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. The applicant is requesting permission to allow
the corral to be located entirely within the, rear yard setback. With respect to this request
for a Variance, the Planning Commission finds as follows:
A. The proposed development is compatible with the General Plan, and
surrounding uses because the proposed corral complies with the General Plan
requirement of low profile, low -density residential development with sufficient open
space between surrounding structures, and equestrian uses. The corral will remain an.
open area and no structures would be allowed on the corral.
ZC NO. 773
5 CO
• •
B. The project substantially preserves the natural and undeveloped state of
the lot. Very minor grading is required for the corral. The project is of sufficient distance
from nearby residences so that the corral will not impact the view or privacy of
surrounding neighbors, and will permit the owners, to enjoy their property without
deleterious infringement on the rights of surrounding property owners. Although the
corral is adjacent to a street, it is in the rear yard area. With the entire width of the street
crossing the subject property, the rear setback is less wide than in a normal situation
where only a portion of a street would be located on a property. Due to this configuration
of the road, the rear setback is located 30 feet closer than on other properties.
C. The proposed development, as conditioned, is harmonious in scale and
mass with the site. The proposed project is consistent with the scale of the neighborhood
when compared to properties in the vicinity. A 450 square foot stable and 550 square foot
corral were previously approved. With the enlarged corral the encroachment is necessary.
D. The development plan incorporates the vegetation that was required for
the grading of the pad for the residence, and with additional screening requirements
described in this resolution will have no visual effect on adjacent properties. The project
will not cause the lot to look overdeveloped. Significant portions 'of the lot will be left
undeveloped 'so as to maintain open space.
E. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because the proposed
project will not change the existing circulation pattern and will utilize an existing
driveway. Access to the corral will be from Portuguese Bend Road.
F. The project is exempt from the requirements of the California Environmental
Quality Act.
Section 11. Based upon the foregoing findings, the Planning Commission hereby
approves the Site Plan Review and Variances applications for Zoning Case No. 773 for as
shown on the Development Plans dated December 8, 2009 subject to . the following
conditions:
A. The Site Plan and Variances approval shall expire within two years from
the effective date of approval if work has not commenced as defined in Section 17.46.080
and 17.38.070 of the Zoning Ordinance, unless 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
hereunder shall lapse; provided that the applicants have 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.
ZC NO. 773
C. All requirements of the Building and Construction Ordinance, the Zoning
Ordinance, and of the zone in which the subject property is located must be complied
with unless otherwise set forth in this Permit, or shown otherwise on an approved plan.
D. The grading and disturbance of the development, and the construction of
the pool and stable and . corral, shall be developed and maintained in substantial
conformance with the site plan on file dated December 8, 2009.
E. The working drawings, soils and geology reports if required, shall be
submitted and approved by the Department of Building and Safety and Public Works
Department.
F. Grading shall not exceed 185 cubic yards of cut and 185 cubic yards of fill
and shall be balanced on site.
G. The disturbed area of the lot shall not exceed 54,080 square feet or 54.6%
of the net lot area.
H. Building pads coverage shall be as follows: the residential building pad
shall not exceed 29,520 square feet and have a coverage of 29.6 The guest house building
pad shall be 12,800 square feet with coverage of 1,242 square feet or 10.7%; and the
stable pad shall be 1,950 square feet (not in setbacks) with coverage of 713 square feet
(450 sq.ft. stable w/ 215 sq.ft. of porch counted towards coverage and pool egpm.), or
36.5%. Combined coverage on all pads is proposed at 23.9%.
I. The disturbed areas shall be landscaped. Landscaping shall include water
efficient irrigation, to the maximum extent feasible, 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
J. The stable structure shall be screened from the neighbor to the east with
mature trees and shrubs. Plants shall be planted so as not to obstruct views of neighboring
properties but to screen the stable on site. Trees and shrubs shall be planted in a manner,
so that when mature, will not result in a hedge like screen.
K. The pool shall be screened from the neighbor to the east and the roadway
with mature trees and shrubs. Plants shall be planted so as not to obstruct views of
neighboring properties but to screen the pool on site. Trees and shrubs shall be planted in
a manner, so that when mature, will not result in a hedge like screen.
L. The existing landscaping along Portuguese Bend Road may remain, but no
other plants may be added, so that when mature, will result in a hedge like screen.
M. A landscaping plan for the stable and pool shall be submitted for review
by the Planning Department prior to obtaining grading and construction permits. Native
ZC NO. 773
• •
trees and other native plants shall be utilized, and which are consistent with the rural
character of the community.
N. No irrigation or drainage device may be located on a property in such a
manner as to contribute to erosion or in any way adversely affect an easement or a trail.
The energy dissipaters shall be designed in such a manner as to not cross over or
discharge water onto a trail or easements, unless otherwise approved by the Association.
O. Perimeter easements and trails shall remain free and clear of any
improvements including, but not be limited to, fences -including construction fences,
grading (both cut and fill), landscaping, irrigation and drainage devices, play equipment,
parked vehicles, building materials, debris and equipment, unless otherwise approved by
the Association.
P. 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.
Q. The project must be reviewed and approved by the Rolling Hills
Community Association.
R. Access to the stable shall not exceed 10 feet in width and shall be
roughened and not paved.
S. The stable shall be used exclusively for keeping permitted domestic
animals and tools and equipment associated with said use. The stable shall not be
converted to other uses.
T. The pool equipment, adjacent to the stable, shall be sunken additional 18"
to 24" into the hillside and shall be screened from view. A sound attenuating
equipment shall be installed within the pool equipment area to dampen the sound
emanating from the equipment.
U. A minimum of 50% of the demolition and construction material shall be
recycled, pursuant to .the City's Construction and Demolition Ordinance requirements.
No final inspection shall be granted until the contractor provides all necessary documents
and forms to the City.
V. The stable shall be kept in sanitary conditions at all times. Manure shall be
regularly removed from the property.
W. During construction, the property owners shall be required to schedule and
regulate construction and related traffic noise throughout the day between the hours of 7
AM and 6 PM, Monday through Saturday only, when construction and mechanical
equipment noise is permitted, so as not to interfere with the quiet residential environment
of the City of Rolling Hills.
ZC NO. 773
8 Oa
X. The property owners shall be required to conform to the Regional Water
Quality Control Board and County Health Department requirements for the installation
and post construction maintenance of stormwater drainage facilities.
Y. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills
Municipal Code, any modification to this project or to the property, which would
constitute additional structural development, grading or additional and any
deviation from the approved plan, shall require the filing of a new application for
approval by the Planning Commission.
Z. The conditions of approval specified herein shall be printed on the
Plans submitted to RHCA and to Building and Safety Department for plan check
review and on all subsequent plans.
AA. Until the applicants execute an Affidavit of Acceptance of all conditions
of this Site Plan Review and Variances approvals, and record them, as required by the
Municipal Code, the approvals shall not be effective.
AB. 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.
PASSED, APPROVED AND ADOPTED THIS 19th DAY OF JANUARY 2010.
JILI.� MITH, VICE -CHAIRPERSON
HEIDI LUCE, DEPUTY CITY CLERK
ZC NO. 773
s •
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
)
§§
I certify that the foregoing Resolution No. 2010-02 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING
HILLS GRANTING A SITE PLAN REVIEW FOR CONSTRUCTION OF A STABLE
AND CORRAL, WHICH REQUIRE GRADING; VARIANCE REQUEST TO
CONSTRUCT A POOL PARTIALLY IN THE REAR YARD SETBACK, A CORRAL
IN THE REAR YARD SETBACK AND TO EXCEED THE MAXIMUM PERMITTED
DISTURBED NET LOT AREA, ON A LOT THAT CONTAINS A CONDITION THAT
ANY FURTHER DEVELOPMENT MUST BE REVIEWED BY THE PLANNING
COMMISSION AND WHICH IS DEVELOPED WITH SINGLE FAMILY
RESIDENCE AND ACCESSORY STRUCTURE, IN ZONING CASE NO. 773, AT 1
CREST ROAD EAST, (LOT 1-FT), (HUH). PROJECT HAS BEEN DETERMINED TO
BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
was approved and adopted at a regular meeting of the Planning Commission on January
19, 2010 by the following roll call vote:
AYES: Commissioners Pieper, Henke and Witte.
NOES: Vice Chairperson Smith.
ABSENT: Chairperson DeRoy.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
DEPUTY CITY CLERK
ZC. NO. 773 10 �"
•
MEMORANDUM:
DECEMBER 15, 2009
ZONING CASE NO. 773 1 CREST ROAD EAST (HUH)
torigavcr-
470
DUE TO PROXIMITY OF CHAIRPERSON DEROY PROPERTY TO THE SUBJECT
SITE, (WITHIN 500-FEET), CHAIRPERSON DEROY SHOULD ABSTAIN FROM
DELIBERATING AND VOTING IN ZONING CASE NO. 773. CHAIRPERSON
DEROY MAY PARTICIPATE AS A RESIDENT.
A
•
V e `
c?'cri:4
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE PLANNING
COMMISSION
FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR
DATE: DECEMBER 15, 2009
APPLICATION NO.
SITE LOCATION:
ZONING AND SIZE:
APPLICANT:
REPRESENTATIVE:
PUBLISHED:
RECOMMENDATION
ZONING CASE NO. 773
1 CREST ROAD EAST (LOT 1-FT)
RA-S-2, 4.8 ACRES (GROSS)
MR. AND MRS. HUH
GEORGE SWEENEY, ARCHITECT
DOUGLAS MCHATTIE, BOLTON ENGINEERING
OCTOBER 8, 2009
It is recommended that the Planning Commission review the staff report, continue the
public hearing and provide direction to staff.
REQUEST
1. The property owners request a Site Plan Review for grading of 185 cubic yards of
cut and 185 cubic yards of fill to construct a 450 square foot stable with 260 square foot
porch, a 544 square foot swimming pool, stable access and 1,000 square foot corral
(previously 900 square foot stable with 353 square foot covered porch and 609 sq.ft. pool);
a Variance to disturb additional area, in order to accommodate the stable and corral
construction, (which would surpass the previously approved exceedance of the disturbed
net lot area by 0.4%), and a Variance to permit 270 square feet of the proposed 544 square
foot infinity pool at the edge of the expanded rear yard to encroach up to 14 feet into the
rear setback, (which includes the spillway). A portion of the corral would also encroach
into the rear setback. A 39 square foot spa and 48 square foot pool equipment area are also
proposed, (previously 64 sq.ft. spa).
ZC NO. 773
1 Crest Rd. E.
\�J
• •
BACKGROUND
2. At the November 17, 2009 meeting, after visiting the site and receiving public input,
the Planning Commission recommended that the applicant scale down the project. The
applicants submitted revised plan requesting a 450 square foot stable with 1,000 square
foot corral; 544 square foot swimming pool, which including the spillway will encroach 14
feet into the rear setback. The stable access is proposed to be 10 feet wide. Previously the
applicants proposed a 14-foot wide access. The pool equipment area is proposed to be
located at the rear of the stable. The applicants also dropped the stalls 2 feet from the
previously proposed stable and the tack room 18 inches. The structures will be reduced by
539 square feet and the covered porch by 93 square feet.
A neighbor at 5 Crest Rd. E. visited the City and reviewed the revised plans. Mrs. Luna is
concerned that the pool equipment will be heard from her property and would like it to be
relocated further west, past the pool.
3. In 2005 the Planning Commission granted approval for grading consisting of 445
cubic yards of cut and 445 cubic yards of fill, 2,690 square foot addition to the existing
residence, 976 square foot basement, 744 square foot guest house, 450 square feet future
stable with 550 square foot corral and 583 square foot swimming pool with spa. The
disturbed area was approved at 36.9%. No Variances were requested at that time. Three
building pads were approved that were separated by 2:1 slopes and the rear of the lot,
where the proposed pool was to be located was on a different level than the main house. A
2:1 slope continued past the pool pad towards Portuguese Bend Road to the rear.
4. In May 2009, the Planning Commission approved a modification to the 2005
approval. The request for modification was to permit additional grading of 467 cubic
yards of cut and 467 cubic yards of fill for a total of 912 cubic yards, which was conducted
prior to City's review and approval of the additional grading and which caused
exceedance of the maximum allowed disturbance of the lot (54.2%), requiring a Variance.
5. With the modification the property owners removed the swimming pool from the
application, but now wish to construct the pool on the expanded rear yard.
6. Currently the house addition, remodel and the guest house are under construction
and the rough grading is completed and was approved by the County soils, geology and
grading Divisions.
7. During the request for the modification, the property owners stated that they
amended the grading of their lot to create a less tiered look from what was originally
approved to be able to have a larger backyard. The owners stated that when the project was
presented to them and approved in 2005 they did not realize that it would result in a tiered
look of the property. They felt that such configuration is not aesthetically pleasing nor is it
"Rolling Hills' like.
Z.C. NO. 773 -2-
o9,
With those changes, the contractor graded gentler slopes with a less tiered configuration
of the rear yard area, but which required more dirt and additional disturbance of the
property.
8. The disturbed net lot area for this project was approved at 36.9% in 2005. It was
amended with a Variance to 54.2% in May 2009, which included a pad for a 450 square
foot stable. The requested application calls for additional 185 cubic yards of cut and 185
cubic yards of fill for the stable and stable access. The disturbed area will be increased by
0.4% to 54.6%. The proposed reduction in the project will not have an effect on the
previously submitted calculations for grading and disturbance.
9. The property is zoned RAS-2. The gross lot area is 4.8 acres or 209,088 sq.ft. The net
lot area for development purposes is 98,960 square feet, (2.27 acres). The lot is irregular in
shape and is located along two major streets, Crest Road and Portuguese Bend Road. The
roadway easement along Crest Road is 50 feet. In the rear of the property, the entire road,
or 60-feet wide Portuguese Bend Road roadway easement is located on this property. For
development purpose, to calculate the net lot area, the roadway easements plus ten feel
along all property lines are deducted from the gross lot area. Therefore in this case, 70 feet
from the edge of the property line along the entire rear, and 60 feet along the entire front
is deducted from the gross lot area to arrive at the net lot area, (roadway easements plus
10 feet).
MUNICIPAL CODE COMPLIANCE
10. The applicants are not planning to build a 213 square foot covered porch
previously approved for the house. The structural coverage of the lot is proposed to be
10,601 square feet or 10.7%, (max. 20% permitted). The total lot coverage, including the
pool and stable as well as all other structures and hardscape is proposed to be 23,798
square feet or 24.0%, (max. 35% permitted).
11. The grading quantities generated from this project consisted of 912 cubic yards of
cut and 912 cubic yards of fill, which included all the excavated material from footings,
foundations and the basement. This proposal calls for additional 185 cubic yard of cut
and fill to enlarge the corral. With the modification last spring the disturbed area was
approved at 53,600 square feet or 54.2% of the net lot area, which required a Variance.
The additional disturbed area is 450 square feet or 0.4% of the net lot area. The resulting
disturbed area will be 54.6%, which requires a Variance.
12. With the adjusted grading the building pads were approved. as follows: residential
building pad is 29,520 square feet and will have coverage of 28.7%. The guest house pad
is 12,800 square feet with coverage of 10.7%, which includes the swimming pool, and the
guest house; and the stable building pad will 1,950 square feet and will have coverage of
713 sq.ft. or 36.5%, which includes 215 square feet of the 260 square foot covered porch,
stable and pool equipment. Combined coverage on all pads is proposed at 23.9%.
Z.C. NO. 773
-3-
• •
13. In response for justification for the variance request for locating a portion of the
pool in the setback, the applicants' representative states that the setback requirements
for pool and other accessory uses are extreme. In this particular case the entire paved
road of Portuguese Bend Road and the roadway easement are on the Huh property. He
states that almost two acres of the lot is encumbered with street easements, plus the
areas for deduction for the net lot area. The road easements alone encumber 1.5 acres.
14. The project has been determined to be categorically exempt pursuant to the
California Environmental Quality Act (CEQA).
CONCLUSION
15. When reviewing a site plan review application the Planning Commission should
consider whether the proposed project is consistent with the City's General Plan;
incorporates environmentally and aesthetically sensitive grading practices; preserves
existing mature vegetation; is compatible and consistent with the scale, massing and
development pattern in the immediate project vicinity; and otherwise preserves and
protects the health, safety and welfare of the citizens of Rolling Hills.
16. In considering the request for Variances, the Commission should consider the
criteria for granting of a Variance.
17. The lot is irregular in shape and its location along two major roadways creates a
hardship in that the net lot area is much smaller than if the lot was an interior lot or if the
road (Portuguese Bend Road) did not traverse the property. The gross lot area is 4.8
acres, but only 2.27 are counted as net lot area for development purposes.
18. Except for the requested Variances, the project will meet City's development
standards.
19. The project provides for construction of a stable, corral and access.
OTHER AGENCIES REVIEW
20. The Rolling Hills Community Association Architectural Committee will review the
project at a later date.
Z.C. NO. 773
SITE PLAN REVIEW CRITERIA
17.46.010 Purpose.
The site plan review process is established to provide discretionary review of
certain development projects in the City for the purposes of ensuring that the proposed
project is consistent with the City's General Plan; incorporates environmentally and
aesthetically sensitive grading practices; preserves existing mature vegetation; is
compatible and consistent with the scale, massing and development pattern in the
immediate project vicinity; and otherwise preserves and protects the health, safety and
welfare of the citizens of Rolling Hills.
17.46.050 Required findings.
A. The Commission shall be required to make findings in acting to approve,
conditionally approve, or deny a site plan review application.
B. No project which requires site plan review approval shall be approved by
the Commission, or by the City Council on appeal, unless the following findings can be
made:
1. The project complies with and is consistent with the goals and policies of the
general plan and all requirements of the zoning ordinance;
2. The project substantially preserves the natural and undeveloped state of the
lot by minimizing building coverage. Lot coverage requirements are regarded as
maximums, and the actual amount of lot coverage permitted depends upon the existing
buildable area of the lot;
3. The project is harmonious in scale and mass with the site, the natural terrain
and surrounding residences;
4. The project preserves and integrates into the site design, to the greatest extent
possible, existing topographic features of the site, including surrounding native
vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls);
5. Grading has been designed to follow natural contours of the site and to
minimize the amount of grading required to create the building area;
6. Grading will not modify existing drainage channels nor redirect drainage flow,
unless such flow is redirected into an existing drainage course;
7. The project preserves surrounding native vegetation and mature trees and
supplements these elements with drought -tolerant landscaping which is compatible
with and enhances the rural character of the community, and landscaping provides a
buffer or transition area between private and public areas;
8. The project is sensitive and not detrimental to the convenient and safe
movement of pedestrians and vehicles; and
9. The project conforms to the requirements of the California Environmental
Quality Act.
SOURCE: City of Rolling Hills Zoning Ordinance
Z.C. NO. 773 -5-
• •
VARIANCE REQUIRED 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; and
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; and
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; and
D. That in granting the variance, the spirit and intent of this title will be observed; and
E. That the variance does not grant special privilege;
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. 773 -6-
ZONING CASE NO. 773
SITE PLAN REVIEW
RA-S- 2 ZONE
SETBACKS
Front: 50 ft. from front
easement line
Side: 35 ft. from prop.
line
Rear: 50 ft. from prop.
line
STRUCTURES
(Site Plan Review
required if size of
structure increases by at
least 1,000 sq.ft. and
has the effect of
increasing the size of
the structure by more
than 25% in a 36-month
period).
STRUCTURAL LOT
COVERAGE
(20% maximum)
TOTAL LOT
COVERAGE
(35% maximum)
RESIDENTIAL
BUILDING PAD (30%
maximum -guideline)
STABLE PAD
GUEST HOUSE PAD
COMBINED
PRIOR TO ANY
ADDITION/RENOVATION
SINGLE FAMILY
RESIDENCE
Residence
Garage
Service Yd.
Stable
Porte Cochere
Covered porch
Deck
4199 s.f
858 s.f.
96 s.f.
0
416 s.f.
175 s.f.
192 s.f.
TOTAL 5,936 s.f.
6.0% of 98,960 sq.ft. net
lot area
12.8% (12,656 sq.ft.)
18.4%
PREVIOUSLY
APPROVED (2005)
SUBSTANTIAL
ADDITION, POOL
AND GUEST HOUSE
Residence 6700 s.f.
Garage 1020 s.f
Service Yd. 96 s.f.
Stable future 450 s.f.
Porte Cochere 461 s.f.
Covered porch 271 s.f.
Deck 192 s.f.
Pool/spa 583 s.f.
Pool eqpm. 48 s.f.
Guest hs. 744 s.f.
Basement 976 s.f:
TOTAL 10,871
11.0% of 98,960 sq. ft.
net lot area
21.7% (21,455 sq.ft.)
28.2% of 32,480 sq.ft.
23.4% of 1,920 sq.ft.
pad
19.8% of 3,760 sq.ft.
pad
PREVIOUSLY
APPROVED (2009)
SUBSTANTIAL
ADDITION AND
GUEST HOUSE. AS
GRADED & VARIANCE
Residence 6722 s.f.
Garage 1045 s.f.
Service Yd. 96 s.f.
Stable future 450 s.f.
Porte Cochere 461 s.f.
Covered porch 213 s.f.
Deck 192 s.f.
Pool 0
Pool eqpm. 0
Guest hs. 744 s.f.
Basement 765 s.f.
TOTAL 9,923
10.0% of 98,960 sq. ft.
net lot area
19.5% or 19,278 sq.ft.
29.6% of 29,520 sq.ft.
pad
23.4% of 1,920 sq.ft.
pad
5.8% of 12,800 sq.ft.
pad
PROPOSED
11-09
SWIMMING POOL,
SPA, STABLE AND
STABLE/ACCESS
GRADING
Residence 6722 s.f.
Garage 1045 s.f.
Service Yd. 96 s.f.
Stable 900 s.f.
Stable porch 353 s.f.
Porte Cochere 461 s.f.
Covered porch 0 s.f.
Deck 192 s.f.
Pool/spa 672 s.f.
Pool eqpm 48 s.f.
Guest hs. 744 s.f.
Basement 765 s.f.
TOTAL 11,234 s.f.
11.2% of 98,960 sq. ft.
net lot area
24.6% or 24,310 sq.ft.
(inc. pool deck)
28.7% of 29,520 sq.ft.
pad
48.5% of 2,400 sq.ft.
pad
10.9% of 12,800 sq.ft.
pad
24.5%
CURRENTLY
PROPOSED
SWIMMING POOL,
SPA, STABLE AND
STABLE/ACCESS
GRADING
Residence 6722 s.f.
Garage 1045 s.f.
Service Yd. 96 s.f.
Stable 450 s.f.
Stable porch 260 s.f.
Porte Cochere 461 s.f.
Covered porch 0 s.f.
Deck 192 s.f.
Pool/spa 583 s.f.
Pool eqpm 48 s.f.
Guest hs. 744 s.f.
Basement 765 s.f.
TOTAL 10,601 s.f
10.7% of 98,960 sq. ft.
net lot area
24.0% or 23,798 sq.ft.
(inc. pool deck)
28.7% of 29,520 sq.ft.
pad
36.5% of 1,950 sq.ft.
pad
10.7% of 12,800 sq.ft.
pad
23.9%
GRADING
Site Plan Review
required if excavation
and/or fill or combination
thereof that is more than
3 feet in depth or covers
more than 2,000 sq.ft
N/A
DISTURBED AREA 31%
(40% maximum)
STABLE (min. 450 N/A
& 550 SQ.FT. CORRAL)
STABLE ACCESS N/A
ROADWAY ACCESS
VIEWS
Existing driveways from
Crest Road
N/A
PLANTS AND ANIMALS N/A
445 c.y. cut and 445
c.y. fill
36.9% or 36,592 sq.ft
of
98,960 sq. ft. net lot
area
Future 450 sq.ft
stable; 550 sq.ft. corral
From Portuguese
Bend Road
Existing driveways
from Crest Rd. East
Planning Commission
condition
Planning Commission
condition
912 c.y. cut and 912
c.y. fill (no export)
54.2% or 53,600 sq.ft.
of
98,960 sq.ft. net lot area
Future 450 sq.ft stable;
550 sq.ft. corral
From Portuguese
Bend Road
Existing driveways from
Crest Rd. East
Planning Commission
condition
Planning Commission
condition
185 c.y. cut and 185
c.y. fill (no export)
TOTAL for entire project
1,097 c.y. cut and 1,097
c.y. fill
54.6% or 54,080 sq.ft.
of
98,960 sq.ft. net lot area
900 sq.ft stable; 1000
sq.ft. corral
From Portuguese
Bend Road
Existing driveways from
Crest Rd. East
Planning Commission
review
Planning Commission
review
185 c.y. cut and 185
c.y. fill (no export)
TOTAL for entire porject
1,097 c.y. cut and 1,097
c.y. fill
54.6% or 54,080 sq.ft.
of
98,960 sq.ft. net lot area
450 sq.ft stable; 1000
sq.ft. corral
From Portuguese
Bend Road
Existing driveways from
Crest Rd. East
Planning Commission
review
Planning Commission
review
•
• •
Thu, Dec 10, 2009 7:20 AM
Subject: Re: 1 Crest Rd. E
Date: Wednesday, December 9, 2009 7:15 PM
From: susanaluna@cox.net
To: Yolanta Schwartz <ys@cityofrh.net>
Conversation: 1 Crest Rd. E
Dear Yolanta,
It was very nice to see you today and review the plans. for 1 Crest Rd East. Below is the list of
my concerns with the further development of the property:
1. I would appreciate placing all pool equipment (heaters, filters, etc.) as far away from my house
as possible as noise carries up the canyon very easily. I can often hear the pool from the property
across Portuguese Bend.
I recognize that they have put the filters behind the stable, but perhaps the equipment can be
relocated to the western portion of the property/pool to minimize noise pollution.
2. I am also concerned with the location of the stables and respectfully request that all stable
equipment and waste be kept away from the property line towards the west side of the stables. In
specific I do not want to see or smell the waste bins or hay bails that are part of keeping a
stable.
3. I would also appreciate appropriate landscaping that would create privacy between our homes. It
would be lovely to see hedges or trees that would insulate the views and increase our mutual
privacy.
Thanks very much for your consideration and attention to this matter. If you have any questions or
need clarification please do not hesitate to contact me at my cell phone (310) 709-0225. I
appreciate you presenting these concerns/requests in my absence, as I cannot attend the next
architectural meeting scheduled for the 15th of December.
Sincerely,
Susana Luna
---- Yolanta Schwartz <ys@cityofrh.net> wrote:
> Mrs.Luna, I received a call from the architect and he requested that this
> case go forward. The owners do not want to continue to January meeting. If
> there is something you would like to present to the Commission, please put
> it in writing ASAP and I will make sure they receive it.
> The owners have revised their plans and are not proposing a smaller stable
> (450 sq.ft. with smaller porch) and a smaller pool - 544 sq.ft. They are
> also making the access to the stable less wide. If you would like to see the
> plan please come by the office.
> Thank you
> Yolanta
> Yolanta Schwartz
> Planning Director
> City of Rolling Hills
> 2 Portuguese Bend Road, Rolling Hills, CA 90274
> (310) 377-1521 x 223 Fax: (310) 377-7288 www.rolling-hills.org
> This is a transmission from the City of Rolling Hills. The information
> contained in this email pertains to City business and is intended solely for
> the use of the individual or entity to whom it is addressed. If the reader
> of this message is not an intended recipient, or the employee or agent
> responsible for delivering the message to the intended recipient and you
> have received this message in error, please advise the sender by reply email
> and delete the message.
(J
Page 1 of 1
TO:
FROM:
DATE:
•
arA?
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
HONORABLE CHAIRPERSON AND MEMBERS OF THE PLANNING
COMMISSION
YOLANTA SCHWARTZ, PLANNING DIRECTOR
NOVEMBER 17, 2009 - SITE VISIT
APPLICATION NO.
SITE LOCATION:
ZONING AND SIZE:
APPLICANT:
REPRESENTATIVE:
PUBLISHED:
RECOMMENDATION
ZONING CASE NO. 773
1 CREST ROAD EAST (LOT 1-FT)
RA-S-2, 4.8 ACRES (GROSS)
MR. AND MRS. HUH
DOUGLAS MCHATTIE, BOLTON ENGINEERING
OCTOBER 8, 2009
It is recommended that the Planning Commission view the site, take public testimony
and provide direction to staff. The adjacent neighbor requested that Commission visit
her property and view the project from her property with her representative.
REQUEST
1. The property owners request a Site Plan Review for grading of 185 cubic yards of
cut and 185 cubic yards of fill to construct a 900 square foot stable with 353 square foot
covered porch, stable access and corral; a Variance to disturb additional area, in order to
accommodate the stable construction, (which would surpass the previously approved
exceedance of the disturbed net lot area by 0.4%), and a Variance to construct a 609 square
foot infinity pool at the edge of the expanded rear yard, of which 300 square feet would
encroach 12 feet into the rear setback, and a portion of the corral would also encroach into
the rear setback. A 63 square foot spa and 48 square foot pool equipment area are also
proposed.
ZC NO. 773
1 Crest Rd. E.
•
BACKGROUND
2. In 2005 the Planning Commission granted approval for grading consisting of 445
cubic yards of cut and 445 cubic yards of fill, 2,690 square foot addition to the existing
residence, 976 square foot basement, 744 square foot guest house, 450 square feet future
stable with 550 square foot corral and 583 square foot swimming pool with spa. The
disturbed area was approved at 36.9%. No Variances were requested at that time. Three
building pads were approved that were separated by 2:1 slopes and the rear of the lot,
where the proposed pool was to be located was on a different level than the main house. A
2:1 slope continued past the pool pad towards Portuguese Bend Road to the rear.
3. In May 2009, the Planning Commission approved a modification to the 2005
approval. The request for modification was to permit additional grading of 467 cubic
yards of cut and 467 cubic yards of fill for a total of 912 cubic yards, which was conducted
prior to City's review and approval of the additional grading and which caused
exceedance of the maximum allowed disturbance of the lot (54.2%), requiring a Variance.
4. With the modification the property owners removed the swimming pool from the
application, but now wish to construct the pool on the expanded rear yard.
5. Currently the house addition, remodel and the guest house are under construction
and the rough grading is completed and was approved by the County soils, geology and
grading Divisions.
6. During the request for the modification, the property owners stated that they
amended the grading of their lot to create a less tiered look from what was originally
approved to be able to have a larger backyard. The owners stated that when the project was
presented to them and approved in 2005 they did not realize that it would result in a tiered
look of the property. They felt that such configuration is not aesthetically pleasing nor is it
"Rolling Hills' like.
With those changes, the contractor graded gentler slopes with a less tiered configuration
of the rear yard area, but which required more dirt and additional disturbance of the
property.
7. The disturbed net lot area for this project was approved at 36.9% in 2005. It was
amended with a Variance to 54.2% in May 2009, which included a pad for a 450 square
foot stable. The requested application calls for additional 185 cubic yards of cut and 185
cubic yards of fill for the stable and stable access. The disturbed area will be increased by
0.4% to 54.6%.
8. The property is zoned RAS-2. The gross lot area is 4.8 acres or 209,088 sq.ft. The net
lot area for development purposes is 98,960 square feet, (2.27 acres). The lot is irregular in
shape and is located along two major streets, Crest Road and Portuguese Bend Road. The
roadway easement along Crest Road is 50 feet. In the rear of the property, the entire road,
-2-
or 60-feet wide Portuguese Bend Road roadway easement is located on this property. For
development purpose, to calculate the net lot area, the roadway easements plus ten feel
along all property lines are deducted from the gross lot area. Therefore in this case, 70 feet
from the edge of the property line along the entire rear, and 60 feet along the entire front
is deducted from the gross lot area to arrive at the net lot area, (roadway easements plus
10 feet).
MUNICIPAL CODE COMPLIANCE
9. The applicants are not planning to build a 213 square foot covered porch
previously approved for the house. The structural coverage of. the lot is proposed to be
11,113 square feet or 11.2%, (excluding 120 sq.ft. of the 192 sq.ft. deck). The total lot
coverage, including the pool and enlarged stable as well as all other structures and
hardscape is proposed to be 24,310 square feet or 24.6%.
10. The grading quantities generated from this project consisted of 912 cubic yards of
cut and 912 cubic yards of fill, which included all the excavated material from footings,
foundations and the basement. This proposal calls for additional 185 cubic yard of cut
and fill to enlarge the stable pad. With the modification last spring the disturbed area was
approved at 53,600 square feet or 54.2% of the net lot area, which required a Variance.
The additional disturbed area is 480 square feet or 0.4% of the net lot area. The resulting
disturbed area will be 54.6%, which requires a Variance.
11. With the adjusted grading the building pads were approved as follows: residential
building pad is 29,520 square feet (previously 32,480 sq.ft.) and will have coverage of
28.7% (previously 28.2%). The guest house pad is 12,800 square feet with coverage of
10.9%, which includes the swimming pool, pool equipment area and the guest house; and
the stable building pad will be enlarged to 2,400 square feet (previously 1,920 sq.ft.) and
will have coverage of 48.5%, which includes 263 square feet of the 353 square foot
covered porch. Combined coverage on all pads is proposed at 24.5%.
12. In response for justification for the variance request for locating a portion of the
pool and corral in the setback, the applicants' representative states that the setback
requirements for pool and other accessory uses are extreme. In this particular case the
entire paved road of Portuguese Bend Road and the roadway easement are on the Huh
property. He states that almost two acres of the lot is encumbered with street easements,
plus the areas for deduction for the net lot area. The road easements alone encumber 1.5
acres.
The applicants feel that a 550 square foot corral, as previously approved would not meet
the applicants needs and they would like to built a larger stable and corral in the spirit of
Rolling Hills goal to encourage construction of stables and keeping of animals.
13. The project has been determined to be categorically exempt pursuant to the
California Environmental Quality Act (CEQA).
-3-
• •
CONCLUSION
14. When reviewing a site plan review application the Planning Commission should
consider whether the proposed project is consistent with the City's General Plan;
incorporates environmentally and aesthetically sensitive grading practices; preserves
existing mature vegetation; is compatible and consistent with the scale, massing and
development pattern in the immediate project vicinity; and otherwise preserves and
protects the health, safety and welfare of the citizens of Rolling Hills.
15. In considering the request for Variances, the Commission should consider the
criteria for granting of a Variance.
16. The lot is irregular in shape and its location along two major roadways creates a
hardship in that the net lot area is much smaller than if the lot was an interior lot or if the
road (Portuguese Bend Road) did not traverse the property. The gross lot area is 4.8
acres, but only 2.27 are counted as net lot area.
17. Except for the requested Variances, the project will meet City's development
standards.
18. The project provides for construction of a stable, corral and access.
OTHER AGENCIES REVIEW
19. The Rolling Hills Community Association Architectural Committee will review the
project at a later date.
-4- CLD
• •
SITE PLAN REVIEW CRITERIA
17.46.010 Purpose.
The site plan review process is established to provide discretionary review of
certain development projects in the City for the purposes of ensuring that the proposed
project is consistent with the CityT s General Plan; incorporates environmentally and
aesthetically sensitive grading practices; preserves existing mature vegetation; is
compatible and consistent with the scale, massing and development pattern in the
immediate project vicinity; and otherwise preserves and protects the health, safety and
welfare of the citizens of Rolling Hills.
17 46. 050 Required findings.
A. The Commission shall be required to make findings in acting to approve,
conditionally approve, or deny a site plan review application.
B. No project which requires site plan review approval shall be approved by
the Commission, or by the City Council on appeal, unless the following findings can be
made:
1. The project complies with and is consistent with the goals and policies of the
general plan and all requirements of the zoning ordinance;
2. The project substantially preserves the natural and undeveloped state of the
lot by minimizing building coverage. Lot coverage requirements are regarded as
maximums, and the actual amount of lot coverage permitted depends upon the existing
buildable area of the lot;
3. The project is harmonious in scale and mass with the site, the natural terrain
and surrounding residences;
4. The project preserves and integrates into the site design, to the greatest extent
possible, existing topographic features of the site, including surrounding native
vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls);
5. Grading has been designed to follow natural contours of the site and to
minimize the amount of grading required to create the building area;
6. Grading will not modify existing drainage channels nor redirect drainage flow,
unless such flow is redirected into an existing drainage course;
7. The project preserves surrounding native vegetation and mature trees and
supplements these elements with drought -tolerant landscaping which is compatible
with and enhances the rural character of the community, and landscaping provides a
buffer or transition area between private and public areas;
8. The project is sensitive and not detrimental to the convenient and safe
movement of pedestrians and vehicles; and
9. The project conforms to the requirements of the California Environmental
Quality Act.
SOURCE: City of Rolling Hills Zoning Ordinance
-5-
VARIANCE REQUIRED 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; and
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; and
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; and
D. That in granting the variance, the spirit and intent of this title will be observed; and
E. That the variance does not grant special privilege;
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.
-6-
ZONING CASE NO. 773
SITE PLAN REVIEW
RA-S- 2 ZONE SETBACKS
Front: 50 ft. from front
easement line
Side: 35 ft. from prop. line
Rear: 50 ft. from prop. line
STRUCTURES
(Site Plan Review required if
size of structure increases by
at least 1,000 sq.ft. and has
the effect of increasing the
size of the structure by more
than 25% in a 36-month
period).
STRUCTURAL LOT
COVERAGE
(20% maximum)
TOTAL LOT COVERAGE
(35% maximum)
RESIDENTIAL BUILDING
PAD COVERAGE (30%
maximum -guideline)
STABLE PAD
GUEST HOUSE PAD
COMBINED
GRADING
Site Plan Review required if
excavation and/or fill or
combination thereof that is
more than 3 feet in depth or
covers more than 2,000 sq.ft
PRIOR TO ANY
ADDITION/RENOVATION
SINGLE FAMILY
RESIDENCE
Residence
Garage
Service Yd.
Stable
Porte Cochere
Covered porch
Deck
4199 s.f
858 s.f.
96 s.f.
0
416 s.f.
175 s.f.
192 s.f.
TOTAL 5,936 s.f.
6.0% of 98,960 sq.ft. net
lot area
12.8% (12,656 sq.ft.)
18.4%
N/A
PREVIOUSLY
APPROVED (2005)
SUBSTANTIAL
ADDITION, POOL AND
GUEST HOUSE
Residence 6700 s.f.
Garage 1020 s.f
Service Yd. 96 s.f.
Stable future 450 s.f.
Porte Cochere 461 s.f.
Covered porch 271 s.f.
Deck 192 s.f.
Pool 583 s.f.
Pool eqpm. 48 s.f.
Guest hs. 744 s.f.
Basement 976 s.f.
TOTAL 10,871
11.0% of 98,960 sq. ft.
net lot area (w/o
counting deck-10.9%)
21.7% (21,455 sq.ft.)
28.2% of 32,480 sq.ft.
23.4% of 1,920 sq.ft. pad
19.8% of 3,760 sq.ft. pad
445 c.y. cut and 445 c.y.
fill
PREVIOUSLY
APPROVED (2009)
SUBSTANTIAL
ADDITION AND GUEST
HOUSE. AS GRADED &
VARIANCE
Residence 6722 s.f.
Garage 1045 s.f.
Service Yd. 96 s.f.
Stable future 450 s.f.
Porte Cochere 461 s.f.
Covered porch 213 s.f.
Deck 192 s.f.
Pool 0
Pool eqpm. 0
Guest hs. 744 s.f.
Basement 765 s.f.
TOTAL 9,923
10.0% of 98,960 sq. ft. net
lot area (w/o counting
deck-9.8%)
19.5% or 19,278 sq.ft.
29.6% of 29,520 sq.ft. pad
23.4% of 1,920 sq.ft. pad
5.8% of 12,800 sq.ft. pad
912 c.y. cut and 912 c.y.
fill (no export)
CURRENTLY
PROPOSED
SWIMMING POOL, SPA,
STABLE AND GRADING
FOR STABLE/ACCESS
Residence 6722 s.f.
Garage 1045 s.f.
Service Yd. 96 s.f.
Stable 900 s.f.
Stable porch 353 s.f.
Porte Cochere 461 s.f.
Covered porch 0 s.f.
Deck 192 s.f.
Pool/spa 672 s.f.
Pool eqpm 48 s.f.
Guest hs. 744 s.f.
Basement 765 s.f.
TOTAL 11,234 s.f.
11.2% of 98,960 sq. ft. net
lot area (w/o counting 120
s.f.of deck)
24.6% or 24,310 sq.ft.
(inc. pool deck)
28.7% of 29,520 sq.ft. pad
not counting 120 sq.ft.
deck
48.5% of 2,400 sq.ft. pad
10.9% of 12,800 sq.ft. pad
24.5%
185 c.y. cut and 185 c.y.
fill (no export)
TOTAL 1,097 c.y. cut and
1,097 c.y. fill
DiSTURBED AREA
(40% maximum)
STABLE (min. 450 SQ.FT.
& 550 SQ.FT. CORRAL)
I STABLE ACCESS
ROADWAY ACCESS
VIEWS
IPLANTS AND ANIMALS
boa
31 % 36.9°/0 or 36,592 sq.ft of
98,960 sq. ft. net lot area
N/A Future 450 sq.ft stable;
550 sq.ft. corral
N/A IFrom Portuguese Bend
Road
Existing driveways from Existing driveways from
Crest Road Crest Rd. East
N/A Planning Commission
condition
N/A Planning Commission
condition
54.2% or 53,600 sq.ft. of
98,960 sq.ft. net lot area
Future 450 sq.ft stable;
550 sq.ft. corral
From Portuguese Bend
Road
Existing driveways from
Crest Rd. East
Planning Commission
condition
Planning Commission
condition
54.6% or 54,080 sq.ft. of
98,960 soft. net lot area
900 sq.ft stable; 1000
sq.ft. corral
From Portuguese Bend
Road
Existing driveways from
Crest Rd. East
Planning Commission
review
Planning Commission
review
•
TO:
FROM:
DATE:
•
&re/ Ratela9 qeeid
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
HONORABLE CHAIRPERSON AND MEMBERS OF THE PLANNING
COMMISSION
YOLANTA SCHWARTZ, PLANNING DIRECTOR
OCTOBER 20, 2009
APPLICATION NO.
SITE LOCATION:
ZONING AND SIZE:
APPLICANT:
REPRESENTATIVE:
PUBLISHED:
RECOMMENDATION
ZONING CASE NO. 773
1 CREST ROAD EAST (LOT 1-FT)
RA-S-2, 4.8 ACRES (GROSS)
MR. AND MRS. HUH
DOUGLAS MCHATTIE, BOLTON ENGINEERING
OCTOBER 8, 2009
It is recommended that the Planning Commission review the staff report, open the
public hearing, take public testimony and provide direction to staff.
REQUEST
1. The property owners request a Site Plan Review for grading of 185 cubic yards of
cut and 185 cubic yards of fill to construct a 900 square foot stable with 353 square foot
covered porch, stable access and corral; a Variance to disturb additional area, in order to
accommodate the stable construction, (which would surpass the previously approved
exceedance of the disturbed net lot area by 0.4%), and a Variance to construct a 609 square
foot infinity pool at the edge of the expanded rear yard, of which 300 square feet would
encroach 12 feet into the rear setback, and a portion of the corral would also encroach into
the rear setback. A 63 square foot spa and 48 square foot pool equipment area are also
proposed.
BACKGROUND
ZC NO. 773
I Crest Rd. E.
• •
2. In 2005 the Planning Commission granted approval for grading consisting of 445
cubic yards of cut and 445 cubic yards of fill, 2,690 square foot addition to the existing
residence, 976 square foot basement, 744 square foot guest house, 450 square feet future
stable with 550 square foot corral and 583 square foot swimming pool with spa. The
disturbed area was approved at 36.9%. No Variances were requested at that time. Three
building pads were approved that were separated by 2:1 slopes and the rear of the lot,
where the proposed pool was to be located was on a different level than the main house. A
2:1 slope continued past the pool pad towards Portuguese Bend Road to the rear.
3. In May 2009, the Planning Commission approved a modification to the 2005
approval. The request for modification was to permit additional grading of 467 cubic
yards of cut and 467 cubic yards of fill for a total of 912 cubic yards, which was conducted
prior to City's review and approval of the additional grading and which caused
exceedance of the maximum allowed disturbance of the lot (54.2%), requiring a Variance.
4. With the modification the property owners removed the swimming pool from the
application, but now wish to construct the pool on the expanded rear yard.
5. Currently the house addition, remodel and the guest house are under construction
and the rough grading is completed and was approved by the County soils, geology and
grading Divisions.
6. During the request for the modification, the property owners stated that they
amended the grading of their lot to create a less tiered look from what was originally
approved to be able to have a larger backyard. The owners stated that when the project was
presented to them and approved in 2005 they did not realize that it would result in a tiered
look of the property. They felt that such configuration is not aesthetically pleasing nor is it
"Rolling Hills' like.
With those changes, the contractor graded gentler slopes with a less tiered configuration
of the rear yard area, but which required more dirt and additional disturbance of the
property.
7. The disturbed net lot area for this project was approved at 36.9% in 2005. It was
amended with a Variance to 54.2% in May 2009, which included a pad for a 450 square
foot stable. The requested application calls for additional 185 cubic yards of cut and 185
cubic yards of fill for the stable and stable access. The disturbed area will be increased by
0.4% to 54.6%.
8. The property is zoned RAS-2. The gross lot area is 4.8 acres or 209,088 sq.ft. The net
lot area for development purposes is 98,960 square feet, (2.27 acres). The lot is irregular in
shape and is located along two major streets, Crest Road and Portuguese Bend Road. The
roadway easement along Crest Road is 50 feet. In the rear of the property, the entire road,
or 60-feet wide Portuguese Bend Road roadway easement is located on this property. For
development purpose, to calculate the net lot area, the roadway easements plus ten feel
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along all property lines are deducted from the gross lot area. Therefore in this case, 70 feet
from the edge of the property line along the entire rear, and 60 feet along the entire front
is deducted from the gross lot area to arrive at the net lot area, (roadway easements plus
10 feet).
MUNICIPAL CODE COMPLIANCE
9. The applicants are not planning to build a 213 square foot covered porch
previously approved for the house. The structural coverage of the lot is proposed to be
11,113 square feet or 11.2%, (excluding 120 sq.ft. of the 192 sq.ft. deck). The total lot
coverage, including the pool and enlarged stable as well as all other structures and
hardscape is proposed to be 24,310 square feet or 24.6%.
10. The grading quantities generated from this project consisted of 912 cubic yards of
cut and 912 cubic yards of fill, which included all the excavated material from footings,
foundations and the basement. This proposal calls for additional 185 cubic yard of cut
and fill to enlarge the stable pad. With the modification last spring the disturbed area was
approved at 53,600 square feet or 54.2% of the net lot area, which required a Variance.
The additional disturbed area is 480 square feet or 0.4% of the net lot area. The resulting
disturbed area will be 54.6%, which requires a Variance.
11. With the adjusted grading the building pads were approved as follows: residential
building pad is 29,520 square feet (previously 32,480 sq.ft.) and will have coverage of
28.7% (previously 28.2%). The guest house pad is 12,800 square feet with coverage of
10.9%, which includes the swimming pool, pool equipment area and the guest house; and
the stable building pad will be enlarged to 2,400 square feet (previously 1,920 sq.ft.) and
will have coverage of 48.5%, which includes 263 square feet of the 353 square foot
covered porch. Combined coverage on all pads is proposed at 24.5%.
12. In response for justification for the variance request for locating a portion of the
pool and corral in the setback, the applicants' representative states that the setback
requirements for pool and other accessory uses are extreme. In this particular case the
entire paved road of Portuguese Bend Road and the roadway easement are on the Huh
property. He states that almost two acres of the lot is encumbered with street easements,
plus the areas for deduction for the net lot area. The road easements alone encumber 1.5
acres.
The applicants feel that a 550 square foot corral, as previously approved would not meet
the applicants needs and they would like to built a larger stable and corral in the spirit of
Rolling Hills goal to encourage construction of stables and keeping of animals.
13. The project has been determined to be categorically exempt pursuant to the
California Environmental Quality Act (CEQA).
CONCLUSION
3 CD
• 1�
14. When reviewing a site plan review application the Planning Commission should
consider whether the proposed project is consistent with the City's General Plan;
incorporates environmentally and aesthetically sensitive grading practices; preserves
existing mature vegetation; is compatible and consistent with the scale, massing and
development pattern in the immediate project vicinity; and otherwise preserves and
protects the health, safety and welfare of the citizens of Rolling Hills.
15. In considering the request for Variances, the Commission should consider the
criteria for granting of a Variance.
16. The lot is irregular in shape and its location along two major roadways creates a
hardship in that the net lot area is much smaller than if the lot was an interior lot or if the
road (Portuguese Bend Road) did not traverse the property. The gross lot area is 4.8
acres, but only 2.27 are counted as net lot area.
17. Except for the requested Variances, the project will meet City's development
standards.
18. The project provides for construction of a stable, corral and access.
OTHER AGENCIES REVIEW
19. The Rolling Hills Community Association Architectural Committee will review the
project at a later date.
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• •
SITE PLAN REVIEW CRITERIA
17.46.010 Purpose.
The site plan review process is established to provide discretionary review of
certain development projects in the City for the purposes of ensuring that the proposed
project is consistent with the City's General Plan; incorporates environmentally and
aesthetically sensitive grading practices; preserves existing mature vegetation; is
compatible and consistent with the scale, massing and development pattern in the
immediate project vicinity; and otherwise preserves and protects the health, safety and
welfare of the citizens of Rolling Hills.
17.46.050 Required findings.
A. The Commission shall be required to make findings in acting to approve,
conditionally approve, or deny a site plan review application.
B. No project which requires site plan review approval shall be approved by
the Commission, or by the City Council on appeal, unless the following findings can be
made:
1. The project complies with and is consistent with the goals and policies of the
general plan and all requirements of the zoning ordinance;
2. The project substantially preserves the natural and undeveloped state of the
lot by minimizing building coverage. Lot coverage requirements are regarded as
maximums, and the actual amount of lot coverage permitted depends upon the existing
buildable area of the lot;
3. The project is harmonious in scale and mass with the site, the natural terrain
and surrounding residences;
4. The project preserves and integrates into the site design, to the greatest extent
possible, existing topographic features of the site, including surrounding native
vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls);
5. Grading has been designed to follow natural contours of the site and to
minimize the amount of grading required to create the building area;
6. Grading will not modify existing drainage channels nor redirect drainage flow,
unless such flow is redirected into an existing drainage course;
7. The project preserves surrounding native vegetation and mature trees and
supplements these elements with drought -tolerant landscaping which is compatible
with and enhances the rural character of the community, and landscaping provides a
buffer or transition area between private and public areas;
8. The project is sensitive and not detrimental to the convenient and safe
movement of pedestrians and vehicles; and
9. The project conforms to the requirements of the California Environmental
Quality Act.
SOURCE: City of Rolling Hills Zoning Ordinance
•
•
VARIANCE REQUIRED 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; and
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; and
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; and
D. That in granting the variance, the spirit and intent of this title will be observed; and
E. That the variance does not grant special privilege;
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.
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ZONING CASE NO. 773
SITE PLAN REVIEW
RA-S- 2 ZONE SETBACKS
Front: 50 ft. from front
easement line
Side: 35 ft. from prop. line
Rear: 50 ft. from prop. line
STRUCTURES
(Site Plan Review required if
size of structure increases by
at least 1,000 sq.ft. and has
the effect of increasing the
size of the structure by more
than 25% in a 36-month
period).
STRUCTURAL LOT
COVERAGE
(20% maximum)
TOTAL LOT COVERAGE
(35% maximum)
RESIDENTIAL BUILDING
PAD COVERAGE (30%
maximum-auideline)
STABLE PAD
GUEST HOUSE PAD
COMBINED
GRADING
Site Plan Review required if
excavation and/or fill or
combination thereof that is
more than 3 feet in depth or
covers more than 2,000 sa.ft
PRIOR TO ANY
ADDITION/RENOVATION
SINGLE FAMILY
RESIDENCE
Residence
Garage
Service Yd.
Stable
Porte Cochere
Covered porch
Deck
4199 s.f
858 s.f.
96 s.f.
0
416 s.f.
175 s.f.
192 s.f.
TOTAL 5,936 s.f.
6.0% of 98,960 sq.ft. net
lot area
12.8% (12,656 sq.ft.)
18.4%
N/A
PREVIOUSLY
APPROVED (2005)
SUBSTANTIAL
ADDITION, POOL AND
GUEST HOUSE
Residence 6700 s.f.
Garage 1020 s.f
Service Yd. 96 s.f.
Stable future 450 s.f.
Porte Cochere 461 s.f.
Covered porch 271 s.f.
Deck 192 s.f.
Pool 583 s.f.
Pool eqpm. 48 s.f.
Guest hs. 744 s.f.
Basement 976 s.f.
TOTAL 10,871
11.0% of 98,960 sq. ft.
net lot area (w/o
counting deck-10.9%)
21.7% (21,455 sq.ft.)
28.2% of 32,480 sq.ft.
pad not countina 271
sa.ft. covered porches
23.4% of 1,920 sq.ft. pad
19.8% of 3,760 sq.ft. pad
445 c.y. cut and 445 c.y.
fill
PREVIOUSLY
APPROVED (2009)
SUBSTANTIAL
ADDITION AND GUEST
HOUSE. AS GRADED &
VARIANCE
Residence 6722 s.f.
Garage 1045 s.f.
Service Yd. 96 s.f.
Stable future 450 s.f.
Porte Cochere 461 s.f.
Covered porch 213 s.f.
Deck 192 s.f.
Pool 0
Pool eqpm. 0
Guest hs. 744 s.f.
Basement 765 s.f.
TOTAL 9,923
10.0% of 98,960 sq. ft. net
lot area (w/o counting
deck-9.8%)
19.5% or 19,278 sq.ft.
29.6% of 29,520 sq.ft. pad
not countina 271 sa.ft.
covered porches
23.4% of 1,920 sq.ft. pad
5.8% of 12,800 sq.ft. pad
912 c.y. cut and 912 c.y.
fill (no export)
CURRENTLY
PROPOSED
SWIMMING POOL, SPA,
STABLE AND GRADING
FOR STABLE/ACCESS
Residence 6722 s.f.
Garage 1045 s.f.
Service Yd. 96 s.f.
Stable future 900 s.f.
Stable porch 353 s.f.
Porte Cochere 461 s.f.
Covered porch 0 s.f.
Deck 192 s.f.
Pool/spa 672 s.f.
Pool eqpm 48 s.f.
Guest hs. 744 s.f.
Basement 765 s.f.
TOTAL 11,234 s.f.
11.2% of 98,960 sq. ft. net
lot area (w/o counting 120
s.f.of deck)
24.6% or 24,310 sq.ft.
(inc. pool deck)
28.7% of 29,520 sq.ft. pad
not counting 120 sq.ft.
deck
48.5% of 2,400 sq.ft. pad
10.9% of 12,800 sq.ft. pad
24.5%
185 c.y. cut and 185 c.y.
fill (no export)
TOTAL 1,097 c.y. cut and
1,097 c.y. fill
DISTURBED AREA 31%
(40% maximum)
STABLE (min. 450 SQ.FT. N/A
& 550 SQ.FT. CORRAL)
STABLE ACCESS I N/A
ROADWAY ACCESS I Existing driveways from
Crest Road
VIEWS N/A
PLANTS AND ANIMALS N/A
36.9% or 36,592 sq.ft of
98,960 sq. ft. net lot area
Future 450 sq.ft stable;
550 sq.ft. corral
From Portuguese Bend
Road
Existing driveways from
Crest Rd. East
Planning Commission
condition
Planning Commission
condition
54.2% or 53,600 sq.ft. of
98,960 sq.ft. net lot area
Future 450 sq.ft stable;
550 sq.ft. corral
From Portuguese Bend
Road
Existing driveways from
Crest Rd. East
Planning Commission
condition
Planning Commission
condition
54.6% or 54,080 sq.ft. of
98,960 sq.ft. net lot area
900 sq.ft stable; 1000
sq.ft. corral
From Portuguese Bend
Road
Existing driveways from
Crest Rd. East
Planning Commission
review
Planning Commission
review
TO:
FROM:
•
e6'eoee, '7/eeed
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
HONORABLE CHAIRPERSON AND MEMBERS OF THE PLANNING
COMMISSION
YOLANTA SCHWARTZ, PLANNING DIRECTOR
APPLICATION NO.
SITE LOCATION:
ZONING AND SIZE:
APPLICANT:
REPRESENTATIVE:
PUBLISHED:
ZONING CASE NO. 773
1 CREST ROAD EAST (LOT 1-FT)
RA-S-2, 4.8 ACRES (GROSS)
MR. AND MRS. HUH
DOUGLAS MCHATTIE, BOLTON ENGINEERING
OCTOBER 8, 2009
RECOMMENDATION AND REOUEST
1. It is recommended that the Planning Commission review and adopt the attached
resolution of approval, No. 2010-02.
The property owners request a Site Plan Review for grading of 185 cubic yards of cut
and 185 cubic yards of fill to' construct a 450 square foot stable with 260 square foot porch, a
544 square foot swimming pool, stable access and 1,000 square foot; a Variance to disturb
additional area, in order to accommodate the stable and corral construction, (which would
surpass the previously approved exceedance of the disturbed net lot area by 0.4%), and a
Variance to permit 270 square feet of the proposed 544 square foot infinity pool at the edge of
the expanded rear yard to encroach up to 14 feet into the rear setback, (which includes the
spillway). A portion of the corral would also encroach into the rear setback. A 39 square foot
spa and 48 square foot pool equipment area are also proposed. '
BACKGROUND
1. At the December 15, 2009 Planning Commission meeting the Planning Commission
directed staff to prepare a Resolution approving the proposed project. All Commissioners
participating concurred. However, the Commission kept the public hearing open, to receive
input from the property owners regarding landscaping, should they wish to address the
Commission. '
2. The enclosed Resolution contains standard findings of facts and
conditions, including: '
• That any further development on the property, may be approved with Planning Commission
review only
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•
• That the westerly portion of the pool equipment wall be sunken additional 1.5-2 feet into the
slope; that it be screened from the road; that it be sound insulated.
• That the project be screened from the road and adjacent properties by landscaping, which
would not create a continuous hedge screen.
• That the landscaping along the roadways be maintained in a manner as not to create a
continuous hedge screen.
• That prior to obtaining construction permits a landscaping plan be submitted to the City.
RESOLUTION NO. 2010-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING
HILLS GRANTING A SITE PLAN REVIEW FOR CONSTRUCTION OF A STABLE
AND CORRAL, WHICH REQUIRE GRADING; VARIANCE REQUEST TO
CONSTRUCT A POOL PARTIALLY IN THE REAR YARD SETBACK, A CORRAL
IN THE REAR YARD SETBACK AND TO EXCEED THE MAXIMUM PERMITTED
DISTURBED NET LOT AREA, ON A LOT THAT CONTAINS A CONDITION THAT
ANY FURTHER DEVELOPMENT MUST BE REVIEWED BY THE PLANNING
COMMISSION AND WHICH IS DEVELOPED WITH SINGLE FAMILY
RESIDENCE AND ACCESSORY STRUCTURE, IN ZONING CASE NO. 773, AT 1
CREST ROAD EAST, (LOT 1-FT), (HUH). PROJECT HAS BEEN DETERMINED TO
BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT..
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. and Mrs. Peter Huh with respect to
real property located at 1 Crest Road East (Lot 1-FT), Rolling Hills, CA requesting a Site
Plan Review for grading of 185 cubic yards of cut and 185 cubic yards of fill to construct
a 450 square foot stable with 260 square foot porch, a 544 square foot swimming pool,
stable access and 1,000 square foot corral; a Variance to disturb additional area, in order
to accommodate the stable and corral construction, (which would surpass the previously
approved exceedance of the disturbed net lot area by 0.4%), and a Variance to permit 270
square feet of the proposed 544 square foot infinity pool at the edge of the expanded rear
yard to encroach up to 14 feet into the rear setback, (which includes the spillway). A
portion of the corral would also encroach into the rear setback. A 39 square foot spa and
48 square foot pool equipment area are also proposed to be constructed.
Section 2. The Planning Commission held duly noticed public hearings on October
18, November 17 and December 15, 2009 and at a field trip on November 17, 2009. At
the November 17, 2009 meeting, after visiting the site and receiving public input, the
Planning Commission recommended that the applicant scale down the project. The
applicants submitted revised plan, as approved by this resolution. During the filed trip
and subsequent meeting a neighbor at 5 Crest Rd. E. expressed concerns regarding this
project.
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 property owners and their representatives were
in attendance at the hearings.
Section 3. In 2005 the Planning Commission granted approval for grading consisting
of 445 cubic yards of cut and 445 cubic yards of fill, 2,690 square foot addition to the
existing residence, 976 square foot basement, 744 square foot guest house, 450 square
ZC NO. 773
• •
feet future stable with 550 square foot corral and 583 square foot swimming pool with
spa. The disturbed area was approved at 36.9%. No Variances were requested at that
time. Three building pads were approved that were separated by 2:1 slopes and the rear of
the lot, where a pool was to be located was on a different level than the main house. A
2:1 slope continued past the pool pad towards Portuguese Bend Road to the rear.
Section 4. In May 2009, the Planning Commission approved a modification to the
2005 approval. The request for modification was to permit additional grading of 467
cubic yards of cut and 467 cubic yards of fill for a total of 912 cubic yards, which was
conducted prior to City's review and approval of the additional grading and which caused
exceedance of the maximum allowed disturbance of the lot (54.2%), requiring a
Variance.
Section 5. With the May 2009 modification the property owners removed the
swimming pool from the application, but now wish to construct the pool on the expanded
rear yard. The applicants also propose to construct a stable and a corral.
Section 6. The Planning Commission finds that the project qualifies as a Class 3
Exemption (Guidelines for California Environmental Quality Act, Section 15303) and is
therefore categorically exempt from environmental review under the California
Environmental Quality Act.
Section 7. Section 17.46.030 requires a development plan to be submitted for Site
Plan Review and approval before any grading requiring a grading permit or any building
or structure may be constructed. With respect to the request for a Site Plan application for
additional grading for the stable, the Planning Commission makes the following findings
of fact:
A. The proposed grading amount is not significant and it complies with and is
consistent with the General Plan and the Zoning Ordinance (with the granting of the
variance below) because, among other reasons, the grading is for a stable and corral,
which is desirous in the City and the City encourages construction of stables and corrals.
The small quantity of grading will retain to the maximum extent feasible the natural
terrain of the area of the property where the stable is proposed and previously approved.
B. The project substantially preserves the natural and undeveloped state of the lot by
minimizing building coverage. Significant portions of the lot will be left undeveloped so
as to maintain open space on the property. The project will be screened from the street
and neighbors by trees and shrubs. The nature, condition, and development of adjacent
uses, buildings, and structures and the topography of the lot have been considered, and
the additional grading will not adversely affect or be materially detrimental to the
adjacent uses, buildings, or structures because the additional grading will be on a portion
of the lot which is least intrusive to surrounding properties and will be further screened
and landscaped with trees and shrubs.
ZC NO. 773
• •
C. The grading preserves and integrates into the site design existing topographic
features of the site.
D. Grading has been designed to follow natural contours of the site to the greatest
extent feasible and to minimize the amount of grading required for the building area.
E. Grading will not modify existing drainage channels nor redirect drainage flow
unless such flow is redirected into an existing drainage course. A drainage plan has been
approved by Los Angeles County Building and Safety and, which shows the drainage
following natural terrain.
F. The project preserves surrounding native vegetation and mature trees and will
supplement these elements with drought -tolerant landscaping. Prior to issuing a grading
permit, the applicant will be required to submit a landscaping plan to the City.
G. The project conforms to the requirements of the California Environmental Quality
Act and is exempt.
Section 8. Section 17.16.110 of the Municipal Code requires that rear yard setback in
the RAS-2 zoning district be fifty (50) feet from the rear property line, or from a roadway
easement line. Sections 17.38.010 through 17.38.050 permit approval of a Variance
from the standards and requirements of the Zoning Code 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. The applicant is
requesting permission to allow 544 square foot swimming pool, of which 270 square feet
would encroach 14-feet into the rear yard setback. 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 rear setback Code requirements. The property is
unique in that three of its sides abut a street, creating a much smaller area for determining
setbacks. The entire width of Portuguese Bend Road roadway easement is located on
subject parcel, and the rear setback is measured from the inside edge of the roadway
easement line, and not from the property line, which lessens the rear yard by 30 feet.
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 most beneficial manner and least intrusive way.
ZC NO. 773
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 rear setback would allow the remaining
portion of the lot to remain undeveloped. The proposed pool would be not less than 220
feet to the nearest residence. The structural lot coverage, the total lot coverage and
building pad requirements are within the requirements of the City code. The disturbed
area exceeds the maximum permitted and was previously approved at 54.2%. -
D. Alternative locations were considered and studied by the applicant and the
Planning Commission and it was found that the proposed location for a pool of such a
small size would not be objectionable or violate the intent of the General Plan or the
Zoning Ordinance.
Section 9. 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 17.16.070 (B) is required because it states that the
lot disturbance shall be limited to 40.0% of the net lot area. The applicant is requesting a
Variance because total disturbance of the net lot area is proposed to be 54.6%, of which
54.2% was previously approved. 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 in the same zone. The
property is unique in that three of its sides abut a street, creating a much smaller area for
determining the amount of soil that can be disturbed than other properties that abut only
one or two streets. The City's requirements for net lot area measurements
disproportionately burden this property because two roadway easements, one of which
wraps around a third side of the property, plus ten feet around the entire property are
deducted from the gross lot area to come up with the net lot area for development
purposes. Portuguese Bend Road wraps around the parcel along the east side and
southeast side, .where .the roadway easement is 30 feet. The front of the property abuts
Crest Road East, which has a 50-foot roadway easement. The gross lot area of this lot is
4.8 acres. Because land is deducted along the two major streets of the property for the
easements instead of only one major street and one minor for most other properties, 2.53
acres are deducted for the net lot area measurements, resulting in a much smaller area
than other lots for determining the amount of area disturbance.
B. The variance is necessary for the preservation and enjoyment of a substantial
property right possessed by other properties in the same vicinity and zone, but which
would be denied to the property in question absent a variance. The overage is not
significant and the property owner should not be denied the privilege of constructing a
stable and corral, which are required and encouraged by the City. The construction of the
ZC NO.773 4
corral trigger the need for additional grading, which in turn exceeds the disturbed area of
the lot previously approved.
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. Significant portions of the lot will be left undeveloped so as to
maintain open space on the property. The graded condition is on a portion of the lot
which is not intrusive to surrounding properties, and will be screened and landscaped
with trees and shrubs from nearby residences and from the street so that the graded
condition will not impact the view or privacy of surrounding neighbors, and will permit
the owners to enjoy their property without deleterious infringement on the rights of
surrounding property owners.,
D. In granting the variance, the spirit and intent of the General Plan and the Zoning
Ordinance will be observed. The purpose of the Zoning Ordinance is to regulate
development in an orderly fashion and in a manner consistent with the goals and policies
of the General Plan. Approval of the variance will not impede any goals of the Zoning
Ordinance or the General Plan. The variance will allow the property owner to enjoy the
same rights and privileges afforded to other property owners in the vicinity.
E. The variance does not grant special privileges to the applicant because most
properties have at most two sides of their property subject to the roadway easements.
This variance merely allows this property to be developed as any comparable property
would be that abutted only two streets.
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 10. Section 17.16.200A of the Municipal Code allows stables, corrals and
related uses to be located no, less than 25 feet from the rear property line. Sections
17.38.010 through 17.38.050 permit approval of a Variance from the standards and
requirements of the Zoning Code 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. The applicant is requesting permission to allow
the corral to be located entirely within the rear yard setback. With respect to this request
for a Variance, the Planning Commission finds as follows:
A. The proposed development is compatible with the General Plan, and
surrounding uses because the proposed corral complies with the General Plan
requirement of . low profile, low -density residential development with sufficient open
space between surrounding structures, and equestrian uses. The corral will remain an
open area and no structures would be allowed on the corral.
ZC NO. 773 5
• •
B. The project substantially preserves the natural and undeveloped state of
the lot. Very minor grading is required for the corral. The project is of sufficient distance
from nearby residences so that the corral will not impact the view or privacy of
surrounding neighbors, and will permit the owners to enjoy their property without
deleterious infringement on the rights of surrounding property owners. Although the
corral is adjacent to a street, it is in the rear yard area. With the entire width of the street
crossing the subject property, the rear setback is less wide than in a normal situation
where only a portion of a street would be located on a property. Due to this configuration
of the road, the rear setback is located 30 feet closer than on other properties.
C. The proposed development, as conditioned, is harmonious in scale and
mass with the site; The proposed project is consistent with the scale of the neighborhood
when compared to properties in the vicinity. A 450 square foot stable and 550 square foot
corral were previously approved. With the enlarged corral the encroachment is necessary.
D. The development plan incorporates the vegetation that was required for
the grading of the pad for the residence, and with additional screening requirements
described in this resolution will have no visual effect on adjacent properties. The project
will not cause the lot to look overdeveloped. Significant portions of the lot will be left
undeveloped so as to maintain open space.
E. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because the proposed
project will not change the existing circulation pattern and will utilize an existing
driveway. Access to the corral will be from Portuguese Bend Road.
F. The project is exempt from the requirements of the California Environmental
Quality Act.
Section 11. Based upon the foregoing findings, the Planning Commission hereby.
approves the Site Plan, Review and Variances applications for Zoning Case No. 773 for as
shown on the Development Plans dated December 8, 2009 subject to the following
conditions:
A. The Site Plan and Variances approval shall expire within two years from
the effective date of approval if work has not commenced as defined in Section 17.46.080
and 17.38.070 of the Zoning Ordinance, unless 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
hereunder shall lapse; provided that the applicants have 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.
ZC NO. 773 6
C. All requirements of the Building and Construction Ordinance, the Zoning
Ordinance, and of the zone in which the subject property is located must be complied
with unless otherwise set forth in this Permit, or shown otherwise on an approved plan.
D. The grading and disturbance of the development, and the construction of
the pool and stable and corral, shall be developed and maintained in substantial
conformance with the site plan on file dated December 8, 2009.
E. The working drawings, soils and geology reports if required, shall be
submitted and approved by the Department of Building and Safety and Public Works
Department.
F. Grading shall not exceed 185 cubic yards of cut and 185 cubic yards of fill
and shall be balanced on site.
G. The disturbed area of the lot shall not exceed 54,080 square feet or 54.6%
of the net lot area.
H. Building pads coverage shall be as follows: the residential building pad
shall not exceed 29,520 square feet and have a coverage of 29.6 The guest house building
pad shall be 12,800 square feet with coverage of 1,242 square feet or 10.7%; and the
stable pad shall be 1,950 square feet (not in setbacks) with coverage of 713 square feet
(450 sq.ft. stable w/ 215 sq.ft. of porch counted towards coverage and pool eqpm.), or
36.5%. Combined coverage on all pads is proposed at 23.9%.
I. The disturbed areas shall be landscaped. Landscaping shall include water
efficient irrigation, to the maximum extent feasible, 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
J. The stable structure shall be screened from the neighbor to the east with
mature trees and shrubs. Plants shall be planted so as not to obstruct views of neighboring
properties but to screen the stable on site. Trees and shrubs shall be planted in a manner,
so that when mature, will not result in a hedge like screen.
K. The pool shall be screened from the neighbor to the east and the roadway
with mature trees and shrubs. Plants shall be planted so as not to obstruct views of
neighboring properties but to screen the pool on site. Trees and shrubs shall be planted in
a manner, so that when mature, will not result in a hedge like screen.
L. The existing landscaping along Portuguese Bend Road may remain, but no
other plants may be added, so that when mature, will result in a hedge like screen.
M. A landscaping plan for the stable and pool shall be submitted for review
by the Planning Department prior to obtaining grading and construction permits. Native
ZC NO. 773
L
trees and other native plants shall be utilized, and which are consistent with the rural
character of the community.
N. No irrigation or drainage device may be located on a property in such a
manner as to contribute to erosion or in any way adversely affect an easement or a trail.
The energy dissipaters shall be designed in such a manner as to not cross over or
discharge water onto a trail or easements, unless otherwise approved by the Association.
O. Perimeter easements and trails shall remain free and clear of any
improvements including, but not be limited to, fences -including construction fences,
grading (both cut and fill), landscaping, irrigation and drainage devices, play equipment,
parked vehicles, building materials, debris and equipment, unless otherwise approved by
the Association.
P. 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.
Q. The project must be reviewed and approved by the Rolling Hills
Community Association.
R. 'Access to the stable shall not . exceed 10 feet in width and shall be
roughened and not 'paved.
S. The stable shall be used exclusively for keeping permitted domestic
animals and tools and equipment associated with said use. The stable shall not be
converted to other uses.
T. The pool equipment, adjacent to the stable, shall be sunken additional 18"
to 24" into the hillside and shall be screened from view. A sound attenuating
equipment shall be installed within the pool equipment area to dampen the sound
emanating from the equipment.
U. A minimum of 50% of the demolition and construction material shall be
recycled, pursuant to the City's Construction and Demolition Ordinance requirements.
No final inspection shall be granted until the contractor provides all necessary documents
and forms to the City.
V. The stable shall be kept in sanitary conditions at all times. Manure shall be
regularly removed from the property.
W. During construction, the property owners shall be required to schedule and
regulate construction and related traffic noise throughout the day between the hours of 7
AM and 6 PM, Monday through Saturday only, when construction and mechanical
equipment noise is permitted, so as not to interfere with the quiet residential environment
of the City of Rolling Hills.
ZC NO.773 8 0,,
• •
X. The property owners shall be required to conform to the Regional Water
Quality Control Board and County Health Department requirements for the installation
and post construction maintenance of stormwater drainage facilities.
Y. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills
Municipal Code, any modification to this project or to the property, which would
constitute additional structural development, grading or additional and any
deviation from the approved plan, shall require the filing of a new application for
approval by the Planning Commission.
Z. The conditions of approval specified herein shall be printed on the
Plans submitted to RHCA and to Building and Safety Department for plan check
review and on all subsequent plans.
AA. Until the applicants execute an Affidavit of Acceptance of all conditions
of this Site Plan Review and Variances approvals, and record them, as required by the
Municipal Code, the approvals shall not be effective.
AB. 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.
PASSED, APPROVED AND ADOPTED THIS 19th DAY OF JANUARY 2010.
JILL SMITH, VICE -CHAIRPERSON
ATTEST:
HEIDI LUCE, DEPUTY CITY CLERK
ZC NO. 773
• •
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
) §§
I certify that the foregoing Resolution No. 2010-02 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING
HILLS GRANTING A SITE PLAN REVIEW FOR CONSTRUCTION OF A STABLE
AND CORRAL, WHICH REQUIRE GRADING; VARIANCE REQUEST TO
CONSTRUCT A POOL PARTIALLY IN THE REAR YARD SETBACK, A CORRAL
IN THE REAR YARD SETBACK AND TO EXCEED THE MAXIMUM PERMITTED
DISTURBED NET LOT AREA, ON A LOT THAT CONTAINS A CONDITION THAT
ANY FURTHER DEVELOPMENT MUST BE REVIEWED BY THE PLANNING
COMMISSION AND WHICH IS DEVELOPED WITH SINGLE FAMILY
RESIDENCE AND ACCESSORY STRUCTURE, IN ZONING CASE NO. 773, AT 1
CREST ROAD EAST, (LOT 1-FT), (HUH). PROJECT HAS BEEN DETERMINED TO
BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
was approved and adopted at a regular meeting of the Planning Commission on January
19, 2010 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.
DEPUTY CITY CLERK
ZC NO. 773 10