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913, Construct a chicken coop in fr, Resolutions & Approval ConditionsRESOLUTION NO. 2016-25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF VARIANCES AND SITE PLAN REVIEW TO CONSTRUCT A CHICKEN COOP IN THE FRONT YARD, TO EXCEED THE PREVIOUSLY APPROVED LOT DISTURBANCE AND TO RELOCATE A POOL EQUIPMENT AREA NECESSITATING AN UP TO 4' TALL ENCLOSURE WALL ON A PROPERTY WITH A RESTRICTED DEVELOPMENT CONDITION IMPOSED THROUGH A PRIOR PROJECT, IN ZONING CASE NO. 913, AT 10 CREST ROAD W. (LOT 2-CH) ROLLING HILLS, CA, (FRYKMAN). 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 property owners Mr. and Mrs. Karl Frykman with respect to real property located 10 Crest Road West (Lot 2-CH) Rolling Hills, CA requesting a SPR (Site Plan Review) and two Variances. The Site Plan Review request is to permit construction of a 100 square foot uncovered pool equipment enclosure consisting of a maximum 4-foot tall block wall and 2 access gates, with incidental grading of a total of 10-cubic yards. The Variances requested seek permission to: 1) construct a 72-square foot chicken coop table in the "front yard" (area between the leading edge of the residence and front property line); and 2) increase the amount of disturbed area of the lot from 64.6% to 66.1% (40% maximum allowed) due to grading for the proposed pool equipment enclosure. Section 2. The Planning Commission conducted duly noticed public hearings on November 15, including a field trip, and on December 20, 2016 to consider the application. The applicants and neighbors within 1,000-foot radius of subject property were notified of the public hearing in writing by first class mail. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff, and the Planning Commission reviewed, analyzed and studied said proposal. At its November 15th public hearing meeting, the Planning Commission expressed concern with the size, height of wall and location of the pool equipment enclosure. The applicant subsequently modified the application so that the enclosure design is as follows: 1) enclosure wall height of 4-feet; 2) the gate opening width no more than 10-feet in length (5-feet each door), with both doors attached to walls on both sides; 3) total gate width no more than 50% of the total length of wall in which the gate is located; and, 4) the enclosure wall set back a minimum 1-foot from the easement line, in order to provide room between the easement and enclosure wall for landscaping, sufficient to screen the appearance of the wall from the view of neighboring properties to the west. Reso. 2016-25 1 10 Crest Rd. West Section 3. The property is developed with a 4,385 square foot residence, 750 square foot garage, 195 square foot attached trellis, 227 square foot detached trellis, service yard and 32 square foot barbecue (BBQ and detached trellis are non -permitted). A portion of the existing residence encroaches into the rear setback, approved in 1993. The site was approved in 2014 (Resolution PC 2014-21) for construction of a pool and spa in the rear setback and stable/coral in the front yard of the lot. The trellis and barbeque are required to be legalized. Section 4. The Planning Commission finds that the project is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) as a "Class 3" project in that it is new construction of limited sized structures, in accordance with the CEQA Guidelines, Section 15303. Section 5. Site Plan Review Findings - Pool Equipment Enclosure. The subject property has a "restricted development" condition currently imposed in Resolution No. 2014-21, pursuant to Section 17.46.040.C.1. With respect to the Site Plan Review application requesting construction of a pool equipment enclosure with incidental grading, the Planning Commission makes the following findings of fact: A. The approval herein of a Site Plan Review is consistent with the purposes and objectives of the Zoning Ordinance and goals and policies of the General Plan because the proposed pool equipment enclosure is consistent with similar uses in the community, meets all the applicable code development standards and will be adequately sized and designed to be effectively visually screened from view of the adjoining property by landscaping and will be sufficiently separated from nearby structures used for habitation. The structure will be located approximately 75.feet from the rear property line and will be visually screened from Crest Road by a future stable and the existing residence. B. The subject lot is 1.13 acres in size and is sufficiently large to accommodate the proposed structure while maintaining considerable amount of open space. The project proposes total lot coverage of 32.85%, which conforms to the Zoning Code lot coverage limit of 35% (of net lot area). C. The project is harmonious in scale and mass with the site, the natural terrain, and surrounding residences because the equipment enclosure, as designed and in complying with code requirements, will blend with the low profile residential development pattern of the community and will not give the property an over -built look. The structure is proposed to be located in the rear of the lot and will be low scale (4-foot tall for pool equipment enclosure and 8-foot tall for chicken coop), thereby reducing their visibility. D. The nature, condition, and development of adjacent structures have been considered, and the project will not adversely affect or be materially detrimental to adjacent uses, buildings, or structures because the proposed pool equipment enclosure Reso. 2016-25 2 10 Crest Rd. West is oriented away from all but one of the adjoining properties. The visibility to the property adjoining on the west will be lessened by the maintenance of vegetation to be planted between the side easement line and enclosure wall. Grading involving 10 cubic yards for the pool equipment structure is the maximum needed to construct the structure and the structure will be recessed as much as possible into the existing slope to allow for more effective screening. E. The development plan follows to the maximum extent practicable, the contours of the site to minimize grading and retain the natural drainage courses. The area being graded to accommodate the pool equipment enclosure will be landscaped and is minimal in size. F. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles because there are no changes to the existing driveway nor will there be any encroachments on private easements or trails. Section 6. Variances. Sections 17.38.010 through 17.38.050 of the Code permit approval of a variance in order to grant relief from the standards and requirements of the Zoning Ordinance when, due to exceptional or extraordinary circumstances applicable to the subject property and not to other similar properties in the same zone, strict application of the Code would deny the property owner substantial property rights enjoyed by other properties in the same vicinity and zone. With respect to the variances requested to exceed the amount of lot disturbance (66.1% requested; 40% permitted) and to construct a chicken coop within the "front yard", the Planning Commission finds as follows: A. There are exceptional and extraordinary circumstances and conditions applicable to the subject property that do not apply generally to other property or class of use in the same zone in that, principally, the fact that the existing residence was constructed largely towards the rear of the lot, leaving the majority of the lot to be considered front yard. Being that a portion of the house is located in the rear setback, there is no location in the rear yard for the coop to be placed that is 35-feet away from a structure (as required of public health regulations) and outside of setbacks. This constraint is also a factor in that additional disturbance is needed to locate both structures in the areas available for development. In addition, being that the applicant has gained prior approval for the barn and corral in the front yard (Reso. 2014-21), it is also logical that the coop, which is actually farther from Crest Road than the previously approved barn, could be located in the vicinity to the barn. Other than the coop location and lot disturbance exceedance, the project meets all codes. B. The requested Variances for front yard location and disturbance are 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 in that swimming pools and associated equipment and chicken coops are Reso. 2016-25 3 10 Crest Rd. West amenities common to, and characteristic of the large estate sized properties that permit animal keeping and private recreational uses complimentary to the single family RA-S-1 Residential zone. C. The chicken coop and the pool equipment structures will not be injurious to neighbors. The coop will be located between the stable and the residence and away from Crest Road, will not encroach into any setbacks and will have a conforming distance (minimum 35-feet) away from any residence. The pool equipment enclosure will be located on the west side of the existing residence, but not within the side yard setback. It will be recessed into the ground with the surrounding walls no higher than 4-feet, with access on the west side via two (2) five-foot wide gates attached to walls on either side that are also 5-feet in width, with a one -foot minimum planter in front of its west wall. The enclosure's location and design, particularly its low -scale height, and buffering landscaping are expected to mitigate any potential visual or other impacts to neighbors. D. The chicken coop and pool enclosure are compatible with the general plan and zoning ordinance in that, other than being in the front yard (coop) and causing a minor increase in disturbance, will comply with all standards as an accessory agricultural use, including location, size, height, distance from residential structures (min. 35 feet) and use, and both will be compatible with the city's land use goals for the RA-S-1 zone. E. The proposed accessory uses are consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting criteria for hazardous waste facilities in that the project site is not listed on the current State of California Hazardous Waste and Substances Sites List. F. The variances do not grant special privileges to the applicant. To the contrary, absent a variance, the property owner would be deprived of the same rights and privileges afforded to other property owners in the vicinity, especially due to the unusual location of the existing residence close to the property's rear, as opposed to front property line. This unique physical constraint makes it infeasible for the property owner to comply with Sections 17.16.070.B (disturbance limit) and 17.16.200 (conditions for accessory uses). Section 7. Based upon the foregoing findings, the Planning Commission hereby approves Zoning Case No. 913, request for a Site Plan Review and Variances for a 72 square foot chicken coop in the front yard, minor grading and a 100 square foot pool enclosure, with not to exceed 4' retaining walls, subject to the following conditions: A. The Site Plan and Variances approvals shall expire within two years from the effective date of approval as defined in Sections 17.38.070 and 17.46.080, unless otherwise extended pursuant to the requirements of these sections. Reso. 2016-25 4 10 Crest Rd. West B. If any condition of this resolution is violated, the entitlement granted by this resolution shall be suspended and the privileges granted hereunder shall lapse and upon receipt of written notice from the City, all construction work being performed on the subject property shall immediately cease, other than work determined by the City Manager or his/her designee required to cure the violation. The suspension and stop work order will be lifted once the Applicant cures the violation to the satisfaction of the City Manager or his/her designee. In the event that the Applicant disputes the City Manager or his/her designee's determination that a violation exists or disputes how the violation must be cured, the Applicant may request a hearing before the City Council. The hearing shall be scheduled at the next regular meeting of the City Council for which the agenda has not yet been posted, the Applicant shall be provided written notice of the hearing. The stop work order shall remain in effect during the pendency of the hearing. The City Council shall make a determination as to whether a violation of this Resolution has occurred. If the Council determines that a violation has not occurred or has been cured by the time of the hearing, the Council will lift the suspension and the stop work order. If the Council determines that a violation has occurred and has not yet been cured, the Council shall provide the Applicant with a deadline to cure the violation; no construction work shall be performed on the property until and unless the violation is cured by the deadline, other than work designated by the Council to accomplish the cure. If the violation is not cured by the deadline, the Council may either extend the deadline at the Applicant's request or schedule a hearing for the revocation of the entitlements granted by this Resolution pursuant to Chapter 17.58 of the Rolling Hills Municipal Code (RHMC). C. All requirements of the Building and Construction Ordinance, the Zoning Ordinance, LA County Building Code and of the zone in which the subject property is located must be complied with unless otherwise set forth in the Permit, or shown otherwise on an approved plan. D. The conditions of approval specified herein shall be printed on the construction plans submitted to the building department for plan check and permitting and shall be available at all time at the construction site. E. The lot shall be developed and maintained in substantial conformance with the site plan on file dated December 8, 2016, except as otherwise provided in these conditions. The working drawings submitted to the Department of Building and Safety for plan check review shall conform to the approved development plan. All conditions of the Site Plan Review and Variance approvals shall be incorporated into the building permit working drawings and where applicable complied with prior to issuance of a building permit. F. Prior to submittal of final working drawings to the Building and Safety Department for issuance of building permits, the plans for the project shall be Reso. 2016-25 5 10 Crest Rd. West submitted to City staff for verification that the final plans are in compliance with the plans approved by the Planning Commission. G. A licensed professional preparing construction plans for this project for Building Department review shall execute a Certificate affirming that the plans conform in all respects to this Resolution approving this project and all of the conditions set forth therein and the City's Building Code and Zoning Ordinance. Further, the person obtaining a building permit for this project shall execute a Certificate of Construction stating that the project will be constructed according to this Resolution and any plans approved therewith. H. Structural lot coverage of the lot shall not exceed 7,665 square feet or 18.73% of the net lot area with allowable deductions, in conformance with lot coverage limitations (20% maximum). The size of the structures shall be measured from the exterior surface of the outside walls. I. The total lot coverage proposed, including structures and flatwork, shall not exceed 13,441 square feet or 32.85%, of the net lot area, in conformance with lot coverage limitations (35% max). J. Grading for this project shall not exceed 10 cubic yards total (cut and fill) the amount needed minimally to site the proposed structures. The disturbance of the lot shall not exceed 66.1%. K. A drainage plan, if required by the Building Department shall be prepared and approved by City Staff prior to issuance of a construction permit. Such plan shall be subject to County Code requirements. L. The proposed pool equipment enclosure shall be shielded on the west side by landscaping but not be located in the RHCA easement, unless permitted by the RHCA. A landscaping plan for the pool equipment area shall be submitted to the City prior to construction. Any plants introduced for this project shall not grow into a hedge but be offset. The landscaping plan shall utilize to the maximum extent feasible, plants that are native to the area and are consistent with the rural character of the community. M. Perimeter easements and trails, if any, including roadway easements shall remain free and clear of any improvements including, but not be limited to, driveways, fences including construction fences, landscaping, irrigation and drainage devices, except as otherwise approved by the Rolling Hills Community Association. N. 50% of any construction materials must be recycled or diverted from landfills. The hauler of the materials shall obtain City's Construction and Demolition permit prior to start of work. Reso. 2016-25 6 10 Crest Rd. West O. During construction, the property owners shall be required to schedule and regulate construction and related traffic noise throughout the day between the hours of 7 AM and 6 PM, Monday through Saturday only, when construction and mechanical equipment noise is permitted, so as not to interfere with the quiet residential environment of the City of Rolling Hills. P. During construction, all parking shall take place on the project site and, if necessary, any overflow parking shall take place within nearby unimproved roadway easement adjacent to subject site. There shall be no blocking of adjacent driveways or of the roadway easement for passage of pedestrians and equestrians. During construction a flagmen shall be present to direct traffic when it is anticipated that a lane may be impeded. During construction, to the maximum extent feasible, employees of the contractor shall be encouraged to car-pool to and from the City. Q. The property owner shall at all times maintain the pool equipment within the proposed enclosure such that it does not create any undue noise disturbances or visual impacts to neighbors. Sound attenuating equipment shall be installed to dampen the sound. The pool equipment shall utilize the most quiet and technologically advanced equipment to dampen the sound. R. The property owners shall be required to conform with the Regional Water Quality Control Board and County Public Works Department Best Management Practices (BMP's) requirements related to solid waste, drainage and storm water drainage facilities management and the Low Impact Development Ordinance (LID), if applicable, of the City of Rolling Hills. S. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills Municipal Code, any modifications to the property or this project, which would constitute additional grading or any structural development shall require the filing of a new application for approval by the Planning Commission, except as permitted in Section 17.46.040C. T. The applicant shall execute an Affidavit of Acceptance of all conditions of this permit pursuant to Zoning Ordinance, or the approval shall not be effective. PASSED, APPROVED AND ADOPTED TH 20th AY OF DECEMBER 2016. ATTEST.: HEIDI LUCE, CITY CLERK 7rCH Reso. 2016-25 10 Crest Rd. West 7 Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in Section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure Section 1094.6. STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS) I certify that the foregoing Resolution No. 2016-25 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF VARIANCES TO CONSTRUCT A CHICKEN COOP IN THE FRONT YARD AND TO INCREASE THE LOT DISTURBANCE AND . A SITE PLAN REVIEW TO CONSTRUCT A POOL EQUIPMENT ENCLOSURE WITH MINOR GRADING ON A PROPERTY WITH A RESTRICTED DEVELOPMENT CONDITION, IN ZONING CASE NO. 913 AT 10 CREST ROAD WEST, LOT 2-CH, ROLLING HILLS, CA (FRYKMAN). was approved and adopted at a regular meeting of the Planning Commission on December 20, 2016 by the following roll call vote: AYES: Commissioners Kirkpatrick, Seaburn and Chairman Chelf. NOES: None. ABSENT: Commissioners Cardenas and Gray. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. b6 HEIDI LUCE, CITY CLERK Reso. 2016-25 8 10 Crest Rd. West • • RESOLUTION NO. 2014-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A CONDITIONAL USE PERMIT, SITE PLAN REVIEW AND VARIANCES TO CONSTRUCT A STABLE WITH A LOFT IN THE FRONT YARD AREA OF THE LOT AND A CORRAL IN THE FRONT YARD SETBACK; A SWIMMING POOL AND A WALL IN THE REAR YARD SETBACK; TO RETAIN AN UNPERMITTED TRELLIS AND BARBEQUE IN THE REAR YARD SETBACK AND FOR GRADING WHICH WOULD CAUSE EXCEEDANCE OF THE MAXIMUM PERMITTED DISTURBANCE OF THE LOT IN ZONING CASE NO. 860 AT 10 CREST ROAD WEST, LOT 2-CH, ROLLING HILLS, CA. (FRYKMAN). IT HAS BEEN DETERMINED THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). 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 property owners Mr. and Mrs. Karl Frykman with respect to real property located 10 Crest Road West (Lot 2-CH) Rolling Hills, CA requesting a SPR (Site Plan Review), CUP (Conditional Use Permit) ✓ and Variances. The CUP request is to permit construction of a stable consisting of 735 square foot first story and"453 square foot hay loft, for a total of 1,188 square feet, 234 square foot covered porch, and 2,700 square foot corral. The SPR request is to allow construction of a 1,104 square foot swimming pool, pool equipment area and grading of 785 cubic yards related to the stable and pool. The Variances requested seek permission to: 1) locate the stable and corral in the "front yard" (area between the leading edge of the residence and front property line) and corral in the front setback; 2) locate two swimming pools up to 40 feet within the 50-foot rear yard setback; 3) locate a 5-foot maximum retaining wall on the west side of the swimming pools within the rear yard setback; 4) retain two existing non -permitted and noncompliant structures (barbeque and trellis) within the rear yard setback; and 5) increase the amount of lot disturbed area further beyond the maximum 40% allowed (increase from 56.3% to 64.6%). Section 2. The Planning Commission conducted duly noticed public hearings on July 15, August 19, including a field trip, and November 18, including a field trip 2014 to consider the application. The applicants and neighbors within 1,000- foot radius of subject property were notified of the public hearing in writing by first class mail. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff, and the Planning Commission reviewed, analyzed and studied said proposal. At its August 19th public hearing meeting the Planning Commission received one public comment of concern for the proposed stable height and the Planning Commission expressed concerns regarding the project massing, scale and impacts to the visual openness of the project site from 1 Crest Road West. To address concerns, the applicant submitted revisions to the project at the public hearing meeting of November 18 whereby the stable floor area was reduced, pool decking was eliminated and grading quantities were reduced. Section 3. The property is developed with a 4,385 square foot residence, 750 square foot garage, 195 square foot attached trellis, 227 square foot detached trellis, service yard and 32 square foot barbecue (BBQ and detached trellis are non - permitted). A portion of the existing residence encroaches into the rear setback, approved in 1993 and the property was approved for a variance to locate a future stable and corral in the front yard area. Section 4. The Planning Commission finds that the project is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) as a "Class 3" project in that it is new construction of limited sized structures, in accordance with the CEQA Guidelines, Section 15303. Section 5. Site Plan Review. Section 17.46.030 requires a development plan to be submitted for Site Plan Review and approval subject to certain criteria, prior to performing any amount of grading that requires a grading permit or before any new building or structure is constructed. With respect to the Site Plan Review application requesting grading and construction of a new stable and swimming pool, the Planning Commission makes the following findings of fact: A. The approval herein of a Site Plan Review is consistent with the purposes and objectives of the Zoning Ordinance and goals and policies of the General Plan because the proposed stable and swimming pool is consistent with similar uses in the community, meets all the applicable code development standards (with approval of Variances) and the stable advances the General Plan goals of maintaining an equestrian lifestyle in the City in concert with low profile, low -density residential development. The areas where the stable and corral are to be located are adequately sized and will be sufficiently separated from nearby structures used for habitation or containing sleeping quarters both on and off the project site. B. The subject lot is 1.13 acres in size and is sufficiently large to accommodate the proposed structures while maintaining considerable amount of open space. The project proposes total lot coverage of 32.54%, which conforms to the Zoning Code lot coverage limit of 35% (of net lot area). The proposed project will be screened from the road and neighbors so as to reduce the visual impact of the development. C. The project is harmonious in scale and mass with the site, the natural terrain, and surrounding residences because the stable, in complying with design requirements, will blend with the low profile residential development pattern of the community and will not give the property an over -built look. The swimming pool, BBQ and trellis structures are proposed to be located in the rear of the lot, behind the residence and will not be visible from the road or neighbors, as the property is located on a knoll above other residences and the properties below the subject site are 2 • • development with homes that are significant distance from the proposed pool in the setback. D. The nature, condition, and development of adjacent structures have been considered, and the project will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures because the proposed stable/corral orientation and pool are away from neighbors and its general location is of sufficient distance from nearby residences so as to not impact the view or privacy of surrounding neighbors. Landscaping will be provided, including existing mature trees that will be retained to screen the project from the roadway on Crest Road and from view of adjacent residences including on the west side and new landscaping will be introduces to further screen the proposed structures. The project utilizes the relatively flat area near the front of the lot to the extent practical for the proposed corral and stable, minimizing the need for grading. Grading for the stable pad has been reduced by 20 cubic yards (cut) and 50 cubic yards of fill in order to preserve to the degree feasible, the natural terrain of the property. E. The development plan follows to the maximum extent practicable, the contours of the site to minimize grading and retain the natural drainage courses. The graded areas will be landscaped. F. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles because the existing driveway will be utilized. Section 6. CUP: Section 17.18 of the Rolling Hills Municipal Code permits stables over 200 square feet and a corral over 550 square feet in area, subject to compliance with all applicable development standards, unless a Variance is granted, and approval of a Conditional Use Permit. The subject stable complies with the requirements for stable use and design, but requires a Variance due to the proposed location of the corral within the front setback and both stable and corral within the "front yard" area (See Section 7 for Variances). With respect to the CUP application the Planning Commission finds as follows: A. Conditionally permitted uses are not outright permitted by the Rolling Hills Municipal Code. The Commission must consider applications for conditional use permit and may, with such conditions as are deemed necessary, approve a conditional use which will not jeopardize, adversely affect, endanger or otherwise constitute a menace to the public health, safety or general welfare or be materially detrimental to the property of other persons located in the vicinity of such use. B. The granting of a Conditional Use Permit for the construction of the stable and corral would be consistent with the purposes and objectives of the Zoning Ordinance and General Plan because the use is consistent with similar uses in the community, meets all the applicable code development standards for a stable and 3 • • corral, and the area is located in an area on the property that is adequately sized to accommodate the stable and adjoining corral, (with approval of a Variance). The proposed structure is appropriately located in that it will be sufficiently separated from nearby structures used for habitation or containing sleeping quarters. C. The nature, condition, and development of adjacent structures have been considered, and the project will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures because the proposed stable and corral orientation is not towards neighbors and its general location is of sufficient distance from nearby residences so as to not impact the view or privacy of surrounding neighbors. The proposed stable and corral are to be located largely on an already graded area, therefore preserving the natural terrain of the remaining of the property. D. The project is harmonious in scale and mass with the site, the natural terrain, and surrounding residences because the stable complies with the low profile residential development pattern of the community and will not give the property an over -built look, and the corral area will remain open and unobstructed. The lot is sufficiently large to accommodate the proposed structure. E. The proposed conditional use complies with all applicable development standards of the RAS-1 zone district with the exception of stable location within the front yard and corral in the front setback per Section 7 of this Resolution and requires a Conditional Use Permit pursuant to Section 17.18 of the Zoning Ordinance. F. The proposed conditional use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting criteria for hazardous waste facilities because the project site is not listed on the current State of California Hazardous Waste and Substances Sites List. Section 7. Structure Variances (front/rear yard encroachments.) Sections 17.38.010 through 17.38.050 of the Code permit approval of a variance in order to grant relief from the standards and requirements of the Zoning Ordinance when, due " to exceptional or extraordinary circumstances applicable to the subject property and not to other similar properties in the same zone, strict application of the Code would deny the property owner substantial property rights enjoyed by other properties in the same vicinity and zone. With respect to these variance requests, the Planning Commission finds as follows: A. There are exceptional and extraordinary circumstances and conditions applicable to the subject property or to the intended accessory structures that do not apply generally to the other property or class of use in the same zone in that: existing residence already occupies portions of the rear yard setback, making it impossible, due to insufficient space, to locate the proposed accessory structures such that they would conform to setbacks, yards and required separation of the stable from the residence. In addition, portion of the terrain in the mid -portion of the lot, presents constraints due to sloped conditions, and would still require a Variance due to the exceptionally large 4 • • "front yard" based on the location of the residence at the rear of the lot. The existing BBQ and trellis and proposed pool are integral to outdoor living in the City and there are no other viable options in locating these amenities without further grading or requiring a Variance (as is the case with locating in the front). B. The requested Variances are 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 because, due to the existing residence location, it would be impossible to locate the stable in the relatively small area to the rear of the home and meet the 35'required separation requirement between living areas and stables. In addition, the expansive open space in the front yard setback comfortably supports a corral. The proposed corral is to be located in a relatively flat area therefore preserving the natural terrain and the stable in an area prior set aside for a stable. The stable's required accessway is readily available from the existing driveway serving the residence. The rear yard is relatively small due to the placement of the residence and will maintain the look of openness with the construction of the pool, as the applicants have eliminated much of the previously proposed hardscape and the pool will be at grade blending with the adjacent terrain of the rear yard. C. The granting of the requested Variances 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 because a stable, the existing accessory structures (BBQ and trellis) or the swimming pool would not affect any neighbor's views and property value and would be screened from the street. Development of the stable in the front yard setback and the pool in the rear will allow substantial portion of the rear of the lot to remain visually open. D. See Section 6. F. regarding consistency with County of Los Angeles Hazardous Waste Management Plan. Section 8. Disturbed Area Variance. The applicant seeks a variance from the 40% maximum disturbed area standard set forth in Section 17.16.070 of the Rolling Hills Municipal Code. In its existing condition, the subject lot has a disturbed area of 56.3%, which is proposed to be increased to 64.6%. With respect to the request for a disturbed area 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 other properties in the same vicinity and in the same zone. Section 17.16.070 of the Municipal Code provides that disturbance shall be limited to 40% of the net lot area. The project involves adding accessory uses (stable/corral, pool) while retaining the residence in its existing size and location on the lot. In its existing condition, the amount of disturbed area is already nonconforming (56.3%), which is proposed to be increased to 64.6%. The topographic 5 . • nature of the subject property is such that the applicants are not able to met the requirement that all slopes be 3:1 or less, which is needed to increase the allowable percentage of disturbed area to 60% and avoid a Variance. Half of the resulting slopes, however will be at 3:1 or less, which allows a disturbance of 50% and thereby minimizes the degree of noncompliance. The additional 8.3% disturbance, which is proposed, is minimal for construction of a stable, corral and the pool. The pool pad disturbance results from the grading required to keep the wall height around the pool to 5 feet or less. A 2:1 slope is proposed to be created along the westerly side of the wall, but most of the resulting slopes will be less steep. The stable disturbance is due to the grading required to balance the cut and to keep the wall height along the stairs to the loft at no higher than 3'. The resulting slopes will vary from 3:1 to 2.5:1 in grade. 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. Stables and corrals or set aside areas are a requirement of the Zoning Ordinance and the applicant proposes to construct the equestrian amenities in an area that was previously set aside for such uses, but was not calculated in the disturbance of the lot. Swimming pools are a common amenity enjoyed by several properties in the vicinity and zone. The overage in disturbance is not significant and the property owner should not be denied the privilegeof a swimming pool simply because the nature of the lot and location of the residence makes it infeasible to comply strictly with Section 17.16.070. 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. A minor increase in the overall percentage of disturbed area on the lot will have no effect on the public welfare or on property or improvements in the vicinity. D. In granting the variance, the spirit and intent of 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. Rather, the variance will allow the property owner to enjoy the same rights and privileges afforded to other property owners in the vicinity. The overage requested is not substantial and does not undermine the spirit or intent of the Zoning Ordinance. E. The variance does not grant special privileges to the applicant. To the contrary, absent a variance, the property owner would be deprived of the same rights and privileges afforded to other property owners in the vicinity, especially due to the location of the existing residence where the applicants are trying to comply with the City's requirement for stable and corral. Unique circumstances applicable to the 6 subject property .make it infeasible for the property owner to comply with Section 17.16.070. Section 9. Based upon the foregoing findings in Section 5, 6, 7 and 8, the Planning Commission hereby approves Zoning Case No. 860, request for a Conditional Use Permit, Site Plan Review and Variances subject to the following conditions: A. The Conditional Use Permit, Site Plan and Variances approvals shall expire within two years from the effective date of approval as defined in Sections 17.38.070 17.46.080 and 17.42.070, unless otherwise extended pursuant to the requirements of these sections. B. It is declared and made a condition of this approval that if any conditions thereof are violated, this approval shall be suspended and the privileges granted thereunder shall lapse; provided that the applicant has been given written notice to cease such violation, the opportunity for a hearing has been provided, and if requested, has been held, and thereafter the applicant fails to correct the violation within a period of thirty (30) days from the date of the City's determination. C. All requirements of the Buildings and Construction Ordinance, the Zoning Ordinance of the City of Rolling Hills, including specifically, but not be limited to Chapter 17.18 of the Zoning Ordinance for stables, requirements of the Lighting Ordinance - RHMC 17.16.190 E, roof covering - RHMC 17.16.190, undergrounding of utility lines - RHMC 17.27.030 as well as all other development standards 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 loft area of the structure may not exceed 453 square feet and the plate height may not exceed 7'. Only one bathroom is permitted in a stable structure. Agricultural spaces, including feed and storage shall be 84.3% of the size of the structure and the tack room may not exceed 186 sq.ft. or 15.6% of the structure. E. The stable uses and interior and exterior design are subject to the requirements of Section 17.18.060 of the Zoning Ordinance. The surface of the corral, paddock and areas adjacent to the agricultural portion of the stable shall remain permeable at all times, and may not be paved, icluding pavers or bricks set in sand. F. The conditions of approval specified herein shall be printed on the construction plans submitted to the building department for plan check and permitting and shall be available at all time at the construction site. G. The lot shall be developed and maintained in substantial conformance with the site plan on file dated November 12, 2014 except as otherwise provided in these conditions. The working drawings submitted to the Department of Building and Safety for plan check review shall conform to the approved development plan. All 7 • • conditions of the Site Plan, Variance and CUP approvals, herein as applicable, shall be incorporated into the building permit working drawings and complied with prior to issuance of a building permit from the building department. H. The applicants shall be required to obtain building permits for the existing, unauthorized trellis and barbeque structures or they shall be demolished. I. Prior to submittal of final working drawings to the Building and Safety Department for issuance of building permits, the plans for the project shall be submitted to City staff for verification that the final plans are in compliance with the plans approved by the Planning Commission. A licensed professional preparing construction plans for this project for Building Department review shall execute a Certificate affirming that the plans conform in all respects to this Resolution approving this project and all of the conditions set forth therein and the City's Building Code and Zoning Ordinance. Further, the person obtaining a building and/ or grading permit for this project shall execute a Certificate of Construction stating that the project will be constructed according to this Resolution and any plans approved therewith. J. Structural lot coverage of the lot shall not exceed 7,583 square feet or 18.5% of the net lot area with allowable deductions, in conformance with lot coverage limitations (20% maximum). The size of the structure shall be measured from the exterior surface of the outside walls. K. The total lot coverage proposed, including structures and flatwork, shall not exceed 13,359 square feet or 32.7%, of the net lot area, in conformance with lot coverage limitations (35% max). L. Grading for this project shall not exceed 750 cubic yards total (cut and fill), and up to 250 cubic yards of dirt from excavation of the swimming pool may be exported off site. The total disturbance of the lot shall not exceed 64.6% as approved herein by this Variance. The resulting slopes from grading shall not exceed 3:1 and 2.5:1 in the front and 2:1 in the rear for the pool. M. The stable building pad is 1,371 square feet and the coverage on this pad shall not exceed 65.3%. The residential building pad is 11,050 and coverage on this pad shall not exceed 58.1 %, which includes the swimming pool located outside of the building pad. N. A drainage plan, if required by the Building Department shall be prepared and approved by City Staff prior to issuance of a construction permit. Such plan shall be subject to County Code requirements and City's Low Impact development ordinance, if applicable. 8 • • O. All graded areas shall be landscaped with ground cover. A landscaping plan shall be submitted to the City in conformance with Fire Department Fuel Modification requirements. Trees and shrubs shall be planted to screen the project from the neighbors, and especially along the west side of the stable. However, the landscaping shall not form a hedge like screen but be offset. The height of the trees and shrubs shall not at any time exceed the ridgeline of the roof of the stable structure. P. Perimeter easements and trails, if any, including roadway easements shall remain free and clear of any improvements including, but not be limited to, driveways, fences including construction fences, landscaping, irrigation and drainage devices, except as otherwise approved by the Rolling Hills Community Association. Q. 50% of any construction materials must be recycled or diverted from landfills. The hauler of the materials shall obtain City's Construction and Demolition permit prior to start of work. R. 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. S. 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, but not block any driveways. T. The property owners shall be required to conform with the Regional Water Quality Control Board and County Public Works Department Best Management Practices (BMP's) requirements related to solid waste, drainage and storm water drainage facilities management and the Low Impact Development Ordinance (LID), of the City of Rolling Hills. The stable bathroom facility, if constructed, shall be connected to a septic system. U. Notwithstanding Section 17.46.020 of the Rolling Hills Municipal Code, there shall be no further the Planning Commission shall review any modifications or changes to this project and any future development or construction on the property, except as permitted in Section 17.46.040C. „ V. The applicant shall execute an Affidavit of Acceptance of all conditions W14 of this permit pursuant to Zoning Ordinance, or the approval shall not be effective. W. 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. 9 • • PASSED, APPROVED AND ADOPTED THIS 16h DAY OF DECEMBER 2014. ATTEST: HEIDI LUCE, CITY CLERK STATE OF CALIFORNIA BRAD CHELF, CHAIRMAN ) 10 • • COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS) I certify that the foregoing Resolution No. 2014-21 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A CONDITIONAL USE PERMIT, SITE PLAN REVIEW AND VARIANCES TO CONSTRUCT A STABLE WITH A LOFT IN THE FRONT YARD AREA OF THE LOT AND A CORRAL IN THE FRONT YARD SETBACK; A SWIMMING POOL AND A WALL IN THE REAR YARD SETBACK; TO RETAIN AN UNPERMITTED TRELLIS AND BARBEQUE IN THE REAR YARD SETBACK AND FOR GRADING WHICH WOULD CAUSE EXCEEDANCE OF THE MAXIMUM PERMITTED DISTURBANCE OF THE LOT IN ZONING CASE NO. 860 AT 10 CREST ROAD WEST, LOT 2- CH, ROLLING HILLS, CA. (FRYKMAN). IT HAS BEEN DETERMINED THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). was approved and adopted at a regular meeting of the Planning Commission on December 16, 2014 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices. CITY CLERK 11