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759, To retain an as built waterfal, Staff ReportsDATE: TO: FROM: • City ol Polling -14111d INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377.7288 SEPTEMBER 16, 2008 HONORABLE MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: ZONING CASE NO. 759 5 CREST ROAD WEST (LOT 55-B-MS) RA-S-2, 2.85 ACRES MR. CHARLES SODERSTROM AUGUST 9, 2008 REOUEST AND RECOMMENDATION Request for a Variance to retain a 409 square foot "as built" waterfall and water slide in the side yard and rear yard setbacks, and an 84 square foot under the deck pool equipment in the rear yard setback at an existing single family residence at 5 Crest Road West. It is recommended that the Planning Commission review the draft Resolution and adopt Resolution No. 2008-16 with conditions. BACKGROUND 1. At the August 19, 2008 Planning Commission meeting the Commission directed staff to prepare a Resolution approving the proposed project. The vote was 4-0-1. Chairman Henke abstained due to proximity of his property to subject site. 2. The attached Resolution No. 2008-16 contains standard findings of facts and conditions of approval including: • That any further development on the property be reviewed by the Planning Commission. • That area of the rock features and pool be screened with dense brush and trees along the west side of the property. • That the water in all of the water features be continuously circulated to prevent breeding of mosquitoes. Printed on Recycled Paper RESOLUTION NO. 2008-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO RETAIN AN "AS BUILT" WATERFALL AND WATER SLIDE IN THE SIDE AND REAR YARD SETBACKS, AND AN UNDER THE DECK POOL EQUIPMENT IN THE REAR YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 759, AT 5 CREST ROAD WEST, (LOT 55-B-MS), (SODERSTROM). THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. Application was duly filed by Mr. Charles Soderstrom with respect to real property located at 5 Crest Road West, Rolling Hills (Lot 55-B-MS) requesting to retain an "as built" 409 square foot waterfall and water slide in the side and rear yard setbacks, and an 84 square feet under the deck pool equipment in the rear yard setback at an existing single family residence. Section 2. The applicant is in the process of substantially remodeling the existing residence, pool and previously approved 450 square foot waterfall and other water features (ponds) on the property. The existing waterfall is located in the side yard setback for which a Variance was granted in 1985. While renovating the pool area and the existing rock structures, the applicant constructed 409 square foot additional waterfall and water slide structure to the north of the existing waterfall, also in the side and rear yard setbacks, without the benefit of approval or building permit. The applicant is also proposing to relocate the pool equipment into the slope in the rear setback. Only the door to the pool equipment area would be visible from the outside. The pool equipment itself would be located under an existing deck. Section 3. The Planning Commission conducted duly noticed public hearings to consider the application at a field trip visit and at their regular meeting on August 19, 2008. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. The applicants' representatives were in attendance at the hearings. The field trip public hearing and the regular meeting of the Planning Commission were properly noticed. The neighbor to the immediate west of the subject property expressed that he does not object to this development, as long as it is well screened and the pool equipment is relocated so that it does not interfere with the tranquil environment on his property. Section 4. The Planning Commission finds that the project qualifies as a Class 1 Exemption, Existing Facilities, and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 5. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code permit approval of a Variance from the standards and requirements of the Zoning Reso. 2008-16 ZC NO.759 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. Sections 17.16.120 and 17.16.130 require a side yard of 35-feet from the side property line in the RAS-2 zone and rear yard of fifty feet (50') from the rear property line. The applicant requests a Variance to encroach into the west side yard and rear yard setbacks to permit the retention of a 409 square foot rock structures, including waterfall, waterslide and pool equipment. 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 or to the intended use that do not apply generally to the other property or class of use in the same zone because similar strucures existed previously and were approved in 1985 by a Variance and the applicant interpreted that the extension would not require additional approvals. In respect to the pool equipment, the equipment existed in a different location and it is being relocated. The remodel and addition of the rock structures is an integral addition to the preexisting pool landscape. The existing portions of the rock structures were poorly designed and created an out of balance feel with the remodeled pool and landcsping area. 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 is denied to the property in question. The Variance is necessary to allow the property owner to carry the theme of rock structures along the side yard and to refresh the appearance of the pool landscaping along with poviding additional enjoyment and use of the pool. The Commission has considered the nature, condition, and development of adjacent uses, buildings, and structures, and the topography of the area in evaluating this finding and determined that the rock structures are minor and do not interfee with the openness of the lot. 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. The structures will give the proeprty a uniquly refreshing look and feel. A substantial portion of the lot will remain undeveloped. In addition, the proposed structures, as conditioned, will be screened with vegetation so as not to be visible from surrounding properties. Section 6. Based upon the foregoing findings, the Planning Commission hereby approves the Variance for Zoning Case No. 759 to permit the as built rock structures, including a waterfall, waterslide and the pool equipment to encroach into the side and rear setbacks, subject to the following conditions: A. The Variance approval shall expire within two years from the effective date of approval as defined in Sections 17.38.070(A) unless otherwise extended pursuant to the requirements of that section. B. It is declared and made a condition of the Variance approval, that if any conditions thereof are violated, this approval shall be suspended and the privileges granted thereunder shall lapse; provided that the applicants have been given written Reso. 2008-16 ZC NO. 759 2 (4 • • notice to cease such violation, the opportunity for a hearing has been provided, and if requested, has been held, and thereafter the applicant fails to correct the violation within a period of thirty (30) days from the date of the City's determination. C. All requirements of the Buildings and Construction Ordinance, the Zoning Ordinance, and of the zone in which the subject property is located must be complied with unless otherwise set forth in the Permit, or shown otherwise on an approved plan. D. The applicant shall be required to obtain building 'permits for the rock structures and the pool equipment/pumps, and if required by the LA County Building and Safety Department for all other hardscape remodel on the property. E. The lot shall be developed and maintained in substantial conformance with the site plan on file dated July 24, 2008, except as otherwise provided in these conditions. F. There shall be no grading for the project. The disturbed area of the lot shall not exceed 41,312 square feet or 37.7%, which includes the pad for the future stable. G. The structural lot coverage, including the future stable shall not exceed 19,774 square feet or 18.0% of the net lot area, (discounting the allowances). The total lot coverage shall not exceed 30,554 square feet and 27.9% of the net lot area. H. The coverage on the 27,000 square foot residential building pad shall not exceed 65.2%. The coverage on the 5,583 square foot future stable pad shall not exceed 8.0%, if a 450 sq.ft. stable was to be constructed. I. A landscaping plan for the areas surrounding the pool and rock features shall be submitted to the Planning Department for review, and shall be designed using native plants or other drought -tolerant trees and shrubs so as not to exceed at maturity the ridge height of the residence nor obstruct views from neighboring properties. J. Landscaping shall include water efficient irrigation, to the maximum extent feasible, that incorporates a 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. K. The west side of the property in the vicinity of the rock structures and the pool shall be screened at all times with trees and dense brush, so as to muffle the sounds of the rock features and pool recreation area. L. All of the water features on the property shall be in good repair at all times and the water be continually re -circulated to prevent mosquitoes breeding. M. During construction, conformance with the air quality management district requirements, storm water pollution prevention practices, county and local Reso. 2008-16 ZC NO. 759 =CJ ordinances and engineering practices so that people or property are not exposed to undue vehicle trips, noise, dust, objectionable odors, landslides, mudflows, erosion, or land subsidence shall be required. N. During and after construction, all soil preparation, drainage, and landscape sprinklers shall protect the building pad from erosion and direct surface water to the rear of the lot or as approved by the LA County drainage Engineer. O. The construction shall minimize erosion and protect slopes and channels to control storm water pollution. P. During construction, the property owners shall be required to schedule and regulate construction and related traffic noise throughout the day between the hours of 7 AM and 6 PM, Monday through Saturday only, when construction and mechanical equipment noise is permitted, so as not to interfere with the quiet residential environment of the City of Rolling Hills. Q. The property owners shall be required to conform with the Regional Water Quality Control Board and County Public Works Department Best Management Practices (BMP's) related to solid waste. R. The property owners shall comply with the requirements of the Lighting Ordinance of the City of Rolling Hills, pertaining to lighting on said property. S. The applicants shall execute an Affidavit of Acceptance Form of all conditions of this Variance approval, pursuant to Section 17.38.060, or the approval shall not be effective. T. All conditions of this Variance approval must be complied with prior to the issuance of a final inspection by City staff and Building Department. U. Notwithstanding sections 17.46.020 and 17.46.070 of the Rolling Hills Municipal Code, any future modification to the property, which would constitute structural development or grading, shall require the filing of a new application for approval by the Planning Commission. V. This project shall be reviewed and approved by the Rolling Hills Community Association Architectural Committee. 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. Reso. 2008-16 ZC NO.759 4 5) • • PASSED, APPROVED AND ADOPTED THIS 16th DAY OF SEPTEMBER 2008. ATTEST: MARILYN KERN, DEPUTY CITY CLERK RICHARD HENKE, CHAIRMAN Reso. 2008-16 ZC NO. 759 5 CO • • STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) § CITY OF ROLLING HILLS) I certify that the foregoing Resolution No. 2008-16 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO RETAIN AN "AS BUILT" WATERFALL AND WATER SLIDE IN THE SIDE AND REAR YARD SETBACKS, AND AN UNDER THE DECK POOL EQUIPMENT IN THE REAR YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 759, AT 5 CREST ROAD WEST, (LOT 55-B-MS), (SODERSTROM). was approved and adopted at a regular meeting of the Planning Commission on September 16, 2008 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 Reso. 2008-16 ZC NO. 759 DATE: TO: FROM: • City o/ Polling Jh/i • INCORPORATED JANUARY 24. 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377-7288 AUGUST 19, 2008 HONORABLE MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: ZONING CASE NO. 759 5 CREST ROAD WEST (LOT 55-B-MS) RA-S-2, 2.85 ACRES MR. CHARLES SODERSTROM AUGUST 9, 2008 REQUEST AND RECOMMENDATION Request for a Variance to retain "as built" waterfall and water slide in the side yard and rear yard setbacks, and a under the deck pool equipment in the rear yard setback at an existing single family residence at 5 Crest Road West. It is recommended that the Planning Commission review the staff report, view the project in the field, open the public hearing and provide direction to staff. BACKGROUND 1. The applicant is in the process of substantially remodeling an existing residence, pool and previously approved 450 square foot waterfall and other water features (ponds) on the property. The existing waterfall is located in the side yard setback and a Variance was granted for its location in 1985. 2. While renovating the pool area and the existing rock structures, the applicant constructed 409 square foot waterfall and water slide to the north of the existing waterfall, also in the side and rear yard setbacks, which require a Variance. The applicant is also proposing to relocate the pool equipment into the slope in the rear setback. Only the door to the pool equipment area would be visible from the outside. The pool equipment itself would be located under an existing deck. 3. The property is developed with a 10,074 square foot residence, 1,325 square foot garage 2,250 square foot swimming pool and spa, 3,500 square feet of entryways and porches, 720 square foot trellis, 850 square feet ponds, 330 square ZC NO. 759 5 Crest Rd. West Printed on Recycled Paper • • foot outdoor kitchen, service yard, pool equipment, and a gazebo, for a total of 20,579 square feet. The hardscape, including driveway, parking pads, patios, pool deck and walkways are 9,775 square feet. 4. In February 2008 City staff was informed that dirt was being hauled from subject property. Upon inspection, staff learned that the dirt was from the renovation of the pool and areas around it. At the same time staff observed the new waterfall and slide. A stop work order was issued for the pool, until the property owner obtained a building permit to continue renovation on the pool, however, the work on the waterfall and water slide was not allowed to resume, until a Variance was applied for and approved by the Planning Commission. MUNICIPAL CODE COMPLIANCE 5. The property is zoned RAS-2. The gross lot area is 2.85 acres, 124,150 square feet. The net lot area for construction purposes is 109,487 square feet. The required setback in the RAS-2 zone is 35 feet from the property line. There are no side easements on this property. 6. Variance is required for the "as built" structures in the side yard and rear yard setbacks. The as built water features are located up to 10 feet of the side property line and 15 feet into the rear setback. The height of the water slide and the surrounding boulders is proposed at 5 feet maximum. The rear of the existing pool encroaches between 12 to 15 feet into the rear setback. The side area of the property, slopes upwards to the adjacent property, which then slopes downwards to the existing residence at 7 Crest Road West. The rear slopes downwards from a deck behind the pool. 7. No grading is required for this project, however the project resulted in additional disturbance of less than 1.0%. 8. The structural lot coverage, including all structures and a future stable is 20,574 square feet or 18.8%. With the 800 square feet allowance for not counting certain outdoor structures, the structural coverage is 19,774 square feet or 18.0%, (20% max. permitted). Without the new slide and waterfall the structural coverage would be 17.7%. The total lot coverage including the structures and paved areas is 30,554 square feet or 27.9%, (35% max. permitted). 9. The disturbed area of the net lot is 41,312 square feet or 37.7% (40% max. permitted) 10. The residential building pad is 27,000 square feet and will not change. The total coverage on this pad, including the swimming pool, and the water features located outside the pad, but which are calculated into the pad dimension, is 65.2%. Without the as built 409 sq.ft. structures, the building pad coverage would be 63.7%. Without the allowable deductions for porches, trellis and part of water features, the building pad coverage would be 74.5%. ZC NO. 759 5 Crest Rd. West 2 G J The stable pad is 5,583 square feet and the building pad coverage on this pad if a minimum size stable was constructed would be 8.0%. Combined pad coverage would be 50.7%. CONCLUSION 10. When reviewing a Variance application the Planning Commission should consider whether the proposed project meets the criteria for granting of a Variance. 11. In regards to justification for the Variance the applicant states in part that the remodel of the pool included landscape features to match the existing features and that it is an integral addition to the preexisting rock and pool landscape. The preexisting design created an out of balance feel with the entire look of the pool and was poorly constructed. He further states that the rock work is nestled within existing dense landscaping and trees and is not visible to any neighbors nor obstructs any view. The pool equipment area will be removed from plain view and would be placed underground to eliminate any noise originating from the equipment. (See attached). 12. The encroachment follows the line of encroachment of the previously approved waterfall. However, the new construction adds mass to the development and it spans most of the length of the existing pool. OTHER AGENCIES APPROVAL 13. Rolling Hills Community Association will review this project at a later date. 14. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). CRITERIA FOR VARIANCES. 17.38.050 Required findings. In granting a variance, the Commission (and Council on appeal) must make the following findings: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; D. That in granting the variance, the spirit and intent of this title will be observed; E. That the variance does not grant special privilege to the applicant; ZC NO. 759 5 Crest Rd. West c_� • • 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. Zoning Case No. 759 SITE PLAN REVIEW RA-S-2 ZONE SETBACKS Front: 50 ft. from front easement line Side: 35 ft. from side property line Rear: 50 ft. from rear property 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 COMBINED GRADING Site Plan Review required if excavation and/or fill or combination thereof that is more than 3 feet in depth and covers more than 2,000 sq.ft.) must be balanced on site, except for excavation dirt. DISTURBED AREA (40% maximum; any graded building pad area, any remedial grading (temporary disturbance), any graded slopes and building pad areas, and any nongraded area where impervious surfaces exist.) STABLE (min. 450 SQ.FT. & 550 SQ.FT. CORRAL) STABLE ACCESS ROADWAY ACCESS VIEWS PLANTS AND ANIMALS EXISTING 11 SINGLE FAMILY RESIDENCE WITH ACCESSORY STRUCTURES Residence 10074 sq.ft. Garage 1325 sq.ft. Stable -future 450 sq.ft. Service yard 0 sq.ft. Pool 2250 sq.ft. Pool eqpm. 84 sq.ft. Entryways 3500 sq.ft. Att. Trellis 729 sq.ft. Gazebo 36 sq,ft. Koi ponds 850 sq.ft. Water fall 450 sq.ft. Barbeque 330 sq.ft. TOTAL 20,069 sq.ft. 17.9% including allowances 17.6% w/o allowances 27.4% 63.7% of 27,000 sq.ft. pad 8.0% N/A 37.0% Future 450 sq.ft. stable and 550 sq.ft. corral From Crest Rd.West Existing driveway approach from Crest Rd. West N/A N/A PROPOSED WATER SLIDE AND WATERFALL IN SETBACK Residence Garage Stable -future Service yard Pool Pool eqpm. Entryways/porches Att. Trellis Gazebo Koi ponds Water fall Barbeque TOTAL 10074 sq.ft. 1325 sq.ft 450 sq.ft 96 sq.ft 2250 sq.ft. 84 sq.ft. 3500 sq,ft. 720 sq.ft 36 sq,ft. 850 sq.ft. 859 sq.ft. 330 sq.ft. 20,574 sq.ft 18% of 109,487 sq.ft. net lot area not including allowances (18.8% with allowances) 27.9% of 109,487 sq.ft. net lot area 65.2% of 27,000 sq.ft. pad excl. allowances; 74.5% including all structures 8.0% 50.7% NONE 41,312 sq.ft. — 37.7% (incl. future stable) Future 450 sq.ft. stable and 550 sq.ft. corral From Crest R. West Existing driveway approach from Crest Rd. West Planning Commission review. Planning Commission review. ZC NO. 759 5 Crest Rd. West 4 5 Crest Road West Voila/ice descril)linn The remodel project involves landscape rock work in a pool area. There is an existing water fall and a wall of stacked rock which creates a point of termination of the pool. The existing landscape rock area is being re -worked and re -laced which lies along the north west edge of the existing pool wall. A water slide and water lull features are planned to be constructed within the landscape project. A portion of the rock construction lycs within the set -back arca and requires a variance. 5 CREST ROAD WEST F.\*CEPTIO;w.IL CIRCc%,1/ TI,NCES The remodel project is exceptional in the fact that it is an integral addition to the pre- existing pool landscape. integral because the pre-existing rock and pool landscape are dramatic in size, and some sections are poorly designed lacking a quality look. The over all impression of the pre-existing design created an out of balance feel with the entire look of the pool. With the re -design and the modification of the existing rock work, our goal is to update and refresh the appearance of the pool landscape along with providing additional enjoyment and use of the pool. 5 CREST ROAD WEST NON DETRI,IIE,VT IL I,1IPA C7' The remodel project are non detrimental or injurious to the properties located in the vicinity because the improvements do not obstruct view of any neighboring properties. The improvements are not visible by neighboring properties. The pre-existing pool equipment is to be relocated to provide a noiseless operation for neighbors. The rock work createsa wall of isolation and will provide a better sound barrier to the nearest neighboring property. L_ Additionally, the rock work is nestled within a very large and densely planted tree area with Giant Birds of Paradise, Queen Palms, and Phicus. All of which add discreteness. beauty and a tropical setting to the project. c� • , jyI !A? .4...,.„ 'Al -.4,4- . • --r--.., . e„,., ......,„.-• (--k ,,......------ ',...;3 - .----- _, ‘,.....,'„'". ....v. . . .4, -...,...-, ...-:-..„.... - "1 '..--- ,. ,..",-, ,m,H,'-- 1,--.4'e.,,,,,,,,,,,,,..s,-,IN‘,4, -.....L.J.*: . --:"..4 ,,.,,,-,;,--#.46'`. .,, :::.. -,. ;,:r'''. .•,- • • • .— • • t.. • - '4) 4. 41, teo • '47 • . ‘Ct,,+.4"-;"?'. • •J)4; '4 • ' • • •-e.k. • ; 'TN . ,, • • 0 • • MEMORANDUM: AUGUST 19, 2008 PLANNING COMMISSION MEETING ZONING CASE NO. 759, 5 CREST ROAD WEST (SODERSTROMI DUE TO PROXIMITY OF COMMISSIONER HENKE PROPERTY TO SUBJECT SITE (NEXT DOOR), COMMISSIONER HENKE SHOULD ABSTAIN FROM DELIBERATING AND VOTING IN ZONING CASE NO. 759. COMMISSIONER HENKE MAY PARTICIPATE AS A RESIDENT.