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860, Construct pool in rear yard se, Staff ReportsTO: • City • 0 /0lling LL3 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377-7288 Agenda Item No: 6A Mtg. Date: 12-20-16 HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: BACKGROUND ZONING CASE NO. 860 10 CREST ROAD WEST, (LOT 2-CH) RA-S-1, 1.13 ACRES (EXCL. ROADWAY EASEMENT) MR. AND MRS. FRYKMAN BOLTON ENGINEERING Attached is a request from Mr. and Mrs. Karl Frykman, property owners, requesting a two-year time extension for a previously approved request for Site Plan Review, Conditional Use Permit and Variances for a new stable, corral, swimming pool, grading and to legalize several unpermitted miscellaneous structures on the lot in Zoning Case No. 860, approved by the Planning Commission on December 16, 2014, by Resolution No. 2014-21. Approvals are effective 30-days after Planning Commission adoption of a resolution, (Jan. 2015). The applicants state that the extension is necessary to allow time to process the plans and get all the submittal information together. If the request for extension is approved as requested for two years, the approval will expire on January 16, 2019, unless work commenced prior or at that time. RECOMMENDATION It is recommended that the Planning Commission consider the request and adopt Resolution No. 2016-27 granting the extension. Printed on Recycled Paper THIS PAGE INTENTIONALLY LEFT BLANK • Friday, November 25, 20105:06:33 PM Pacific Standard Time Subject: Fwd: Extention of case 860 Date: Thursday, November 24, 2016 6:11:09 PM Pacific Standard Time From: helen frykman <hfrykman@aol.com> To: Yolanta Schwartz <ys@cityofrh.net> Dear Yolanta. We are requesting a 2 year extension in zoning case #860 to commense construction of stable, coral and swimming pool. The delay is due to a combination of regulations and our slowness in getting everything accomplished. Thank you, Helen and Karl Frykman Original Message From: Helen Frykman <hfrykman@aol.com> To: Yolanta Schwartz <ys@cityofrh.net> Sent: Mon, Oct 10, 2016 6:50 pm Subject: Re: Extention of case 860 Thankyou Sent from my 'Phone .1n nn.1 /? �i n.rn rRA . THIS PAGE INTENTIONALLY LEFT BLANK RESOLUTION NO. 2016-27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A TIME EXTENSION TO COMMENCE CONSTRUCTION OF A PREVIOUSLY APPROVED PROJECT WHICH ENTAILS A SITE PLAN REVIEW, CONDITIONAL USE PERMIT AND VARIANCES FOR GRADING AND CONSTRUCTION OF A SWIMMING POOL, STABLE, AND CORRAL, WHICH WOULD ENCROACH INTO SETBACKS AND EXCEED THE MAXIMUM PERMITTED DISTURBANCE OF THE LOT IN ZONING CASE NO. 860, AT 10 CREST ROAD WEST, (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 Mrs. Helen Frykman, property owner, with respect to real property located at 10 Crest Road West requesting a 2- year time extension to comply with the requirements of Resolution No. 2014-21 to commence construction of the project. Section 2. The Commission considered this item at a meeting on December 20, 2016 at which time information was presented indicating that additional time is needed to commence the project. Section 3. Based upon information and evidence submitted, the Planning Commission grants the request for time extension and does hereby amend Paragraph A, Section 9 of Resolution No. 2014-21, dated December 16, 2014 to read as follows: A. The Conditional Use Permit, Site Plan and Variances approvals shall expire within four years from the effective date of approval as defined iri Sections 17.38.070 17.46.080 and 17.42.070. No additional extension shall be granted. Section 4. Except as herein amended, the provisions and conditions of Resolution No. 2014-21 shall continue to be in full force and effect. PASSED, APPROVED AND ADOPTED THIS 20th DAY OF DECEMBER 2016. BRAD CHELF, CHAIRMAN ATTEST: HEIDI LUCE, CITY CLERK • • STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 2016-27 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A TIME EXTENSION TO COMMENCE CONSTRUCTION OF A PREVIOUSLY APPROVED PROJECT WHICH ENTAILS A SITE PLAN REVIEW, CONDITIONAL USE PERMIT AND VARIANCES FOR GRADING AND CONSTRUCTION OF A SWIMMING POOL, STABLE, AND CORRAL, WHICH WOULD ENCROACH INTO SETBACKS AND EXCEED THE MAXIMUM PERMITTED DISTURBANCE OF THE LOT IN ZONING CASE NO. 860, 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: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices HEIDI LUCE CITY CLERK Agenda Item No: 4-C Mtg. Date: 01/12/15 MEMORANDUM TO RECUSE TO: Honorable Mayor and Members of the City Council FROM: Heidi Luce, City Clerk SUBJECT: Planning Commission Resolution No. 2014-21 Zoning Case No. 860 -10 Crest Road West DATE: January 12, 2015 Due to the proximity of his property to the subject property, Councilmember Hill should recuse himself from consideration of Zoning Case No. 860 at 10 Crest Road West. He may however, take a seat in the audience and participate as a resident. Oise a/Rd/a/if qee4 INCORPORATED JANUARY 24, 1957 NO.2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No.: 4-C Mtg. Date: 01/12/15 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR THRU: RAYMOND R. CRUZ, CITY MANAGER SUBJECT: 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). RECOMMENDATION AND PLANNING COMMISSION ACTION 1. It is recommended that the City Council receive and file this report or provide other direction to staff. 2. The applicants, Mr. and Mrs. Frykman, request a Conditional Use Permit to construct 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 a 2,700 square foot corral. Additionally, the applicants request a Site Plan Review for 1,104 square foot swimming pool, 90 square feet pool equipment area and grading of 785 cubic yards for the stable and pool, which includes cut, fill and over -excavation and re -compaction. The applicants request Variances to exceed the maximum permitted disturbance on the lot, to locate the stable in the front yard area f the lot and the corral in the front yard 1- • setback, to locate the swimming pool and a retaining wall, in the required 50-foot rear yard setback and to retain an unpermitted trellis and barbeque in the rear setback. 3. The Planning Commission at their December 16, 2014 meeting, after holding several public hearings and two field trips, and after the applicants reduced the size of the stable, by a vote 3-2 adopted the enclosed Resolution of approval with standard findings and facts and conditions, including conditions specific to this project as follows: • That the stable be screened from Crest Road West and the property owners to the west • That any future development be reviewed by the Planning Commission Commissioners Smith and Gray voted against the project due to the size and location of the swimming pool entirely in the rear seback. Commissioners Gray and Smith did not object to the proposed stable and corral in the front yard and setback. 4. The Planning Commission found that the location of the residence makes it impossible to place any other structures behind the residence, without encroaching into the rear setback, or in front of the residence without it being in the front yard area of the lot, both requiring a Variance. In addition, the lot was previously graded to more than the maximum 40% permitted. The previous approvals showed a stable and corral in the front yard area, but did not include disturbance or grading calculations for the construction. The construction of a stable and corral are in furtherance of the City's goal to encourage equestrian facilities and the requirements of the General Plan. They also found that 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 and most of the resulting slopes, both in the rear and front will be gentle, except for a portion in the rear by the wall, where the slope will be 2:1. The corral and stable are well away from any adjacent habitable structure and will be screened from the road and any adjacent property, therefore will not negatively affect adjacent properties. The applicants will utilize to maximum extent practicable the already existing flat area in the front for the corral and submitted a plan to screen the stable from the neighbor to the west. BACKGROUND 5. The property is zoned RAS-1 and consists of 49,658 acres gross, (excluding the 50'roadway easement) and 40,914 square feet net for development purposes. The property is developed with a 4,385 square foot single family residence, 750 square foot garage and 195 square foot attached trellis, 90 square foot service yard; a 227 square foot detached trellis and 32 square foot barbeque, which are unpermitted. The residence is located in the rear of the lot, 130 to 165 feet from the front roadway easement line. A portion of the residence encroaches into the rear setback, which was approved in 1993. ZC NO. 860 • • Also in 1993 a variance was granted to locate a future stable and corral in the front yard area, slightly closer to the house than currently proposed, which would have required more grading. MUNICIPAL CODE COMPLIANCE 6. Pursuant to the Zoning Code requirements stables over 200 sq.ft. and corrals over 550 sq.ft. require a Conditional Use Permit and are subject to the requirements of Chapter 17.18. The proposed stable will be two story, and will consist of 2 stalls, feed room, tack room, storage and parking area on the first level and a hay loft on the second level. The corral is proposed to be 2,700 square feet in the front setback. Pursuant to the zoning code requirements the following is applicable to this request: REOUIREMETNS Not less than 6' wide roughened access Stable, corral not to be located on slopes greater than 4:1 Not in front yard or side or front setback. May be located up to 25' in rear setback. Min. 35' from any residential structure Building to be designed for rural and agricultural uses only, but may include storage of vehicles and household items Size to include the entire footprint including loft, if any Minimum of 60% shall be maintained for agricultural uses Maximum of 40% not to exceed 800 s.f. may be maintained for a tack room Tack room may have sanitary and kitchen amenities Tack room may have glazed openings Entry doors to agricultural space to be min. 4'wide & 8' high; appearance of a stable door Loft may be permitted Loft plate height may not exceed 7' Exterior area of stables may not to be paved Corral shall be fenced Access not to exceed 25% Corral to be contiguous to stable. Planning Commission may determine the size of a coral basec on the size of the stable Commercial uses or sleeping is not allowed PROPOSED Proposed access from existing driveway Grading is required; consisting of 85 c.y. cut and 100 c.y. fill with 80 c.y. over excavation & compaction Stable and corral require Variance for locatio in front yard area of the lot and front setback 80' to the closest corner of the residence on subject property & 61' to neighbor's garage Building is proposed to look like a stable and be used for a stable, with storage and vehicle storage 1,188 square foot total with 234 sq.ft. covered porch Agricultural spaces, including feed and storage will be 84.3% Tack room comprises 186 sq.ft. or 15.6% of thl structure Currently not proposed Windows in tack room To comply- to be reviewed by the Architectural Committee. Maximum height proposed -19 feet 4". Proposed - 453 sq.ft. Complies Proposed gravel or D.G. Proposed fenced corral- in front yard Access proposed bt. 2% and 16% grade 2,700 s.f. corral contiguous to stable. Applicant is not proposing any commercial uses or sleeping in the stable ZC NO. 860 0 • • 7. The two 1,104 square foot swimming pools will encroach between 32 feet to 40 feet into the required 50' rear setback Proposed is a play pool and a lap pool with two feet infinity edge spiling from the play pool into the lap pool. Along the west side of the pool a not to exceed 5' high retaining wall, that would step down to a curb, is proposed, which require a Variance for rear setback encroachment. The outer wall of the lap pool will be between 1 to three 3 high. The grading for the pool will extend into the rear easement. The RHCA approved the project in concept, including grading in the easement. A 90 sq.ft. pool equipment is proposed to be located at the side of the residence. 8. Grading will consist of 785 cubic yards of cut, fill, overexcavation and recompaction (440 c.y. for pool area and 345 c.y. for the stable area). 250 cubic yards of dirt from the pool is proposed to be exported off site. The proposed disturbance of the lot would be 64.6%, which requires a variance. Currently 56.4% is disturbed. The applicants are, not able to meet the requirement that all slopes be 3:1 or less, which would allow them a 60% disturbance of the lot. However, they would meet the requirement that half of the resulting slopes would be 3:1 or less and are therefore allowed 50% disturbance. 9. A 227 square foot trellis and 32 square foot barbeque, both unpermitted, are located in the rear yard setback. Both require a building permit and variance for the location. It will be required that these structures be removed if a Variance is not granted. These structures were approved by the RHCA Architectural Committee. 10. The net lot area of the lot is 40,914 square feet. The structural lot coverage proposed is 7,943 square feet or 19.41% of the net lot area, which includes all of the structures; with the alowable deduction the net lot coverage would be 7,583 square feet or 18.5% - (20% maximum permitted). The total lot coverage proposed, including structures and flatwork is will be 13,618 square feet or 33.3% of the net lot area; with allowed deductions it would be 13,359 sq.ft. or 32.7%, (35% maximum permitted). 11. The residential building pad is 11,050 square feet, (outside of setbacks). Coverage on this pad will be 58.1%, with allowable deductions and it includes the pool, which will be located in the setback. The proposed stable pad will be 1,371 square feet (not in setback) and will have coverage of 65.3%, (not including a portion of the covered porch). The entire corral is proposed to be located in the front setback and is not included in the calculations for the size of the building pad. 12. Drainage from the stable will be discharged on the property via a dissipator towards the front. The pool area will drain to the rear. 13. The stable will be accessed from the existing driveway through the corral. The loft will be accessed through an outside staircase. The pool will be located approximately 2 feet lower than the residence and the lap pool would be two feet lower than the play pool. ZC NO. 860 • • 14. In response for justification for the Variances requests the applicants' representative states that the location of the residence makes it impossible to place any other structures behind the residence, without encroaching into the rear setback, or in front of the residence without it being in the front yard area of the lot. In addition, the lot was previously graded to more than the maximum 40% permitted. The previous approvals showed a stable and corral in the front yard area, but did not include disturbance or grading for the construction. 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. The applicants' representative further states that the corral and stable are well away from any adjacent habitable structure and not readily visible from any adjacent property, therefore will not negatively affect adjacent properties. The applicants will utilize to maximum extent practicable the already existing flat area in the front for the corral. Further, there are several stables and corrals in the front yard area in the vicinity of this project, on Crest Road and Portuguese Bend Road. 15. With regards to the Conditional Use Permit request for the stable and corral, the applicants' representative states that stable and corral or a set aside is required by the City. The set aside area was granted a variance in the past in a similar location. The stable and corral are in furtherance of the City's goal to encourage equestrian facilities. 16. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). 17. When reviewing a development application the Planning Commission consider whether the proposed project meets the criteria for CUP, Site Plan Review and Variance of the Zoning Code. ZC NO. 860 0 ZONING CASE NO. 860 I DEVELOPMENT STANDARDS RA-S-1 ZONE SETBACKS RESIDENCE Front: 50 ft. front easement line Side: 20 ft. from property line Rear: 50 ft. from property line Site Plan Review required for new structures, grading, pool greater than 800 sq.ft. CUP for stable and corral. Variances for lot disturbance, setback and yard area encroachment & existing trellis. EXISTING Residence 4385 sq.ft Garage 750 sq.ft Stable 0 sq.ft. Service 90 sq.ft Pool/ spa 0 sq.ft. Pool eqpm. 0 sq.ft. Trellis attch. 195 sq.ft Trellis det. 227 sq.ft. Bbq 32 sq.ft. TOTAL 5,679 sq.ft STRUCTURAL LOT 13.9% COVERAGE (20% maximum) TOTAL LOT COVERAGE 26.6% (35% maximum) BUILDING PAD COVERAGE RESIDENTIAL 11,050 sq.ft. pad, 47.3% (30% maximum guideline) STABLE GRADING N/A. Site plan review required if excavation and/or fill or combination thereof is more than 3 feet in depth and covers more than 2,000 sq. ft. balanced on site DISTURBED AREA (40% maximum; any graded building pad area, any remedial grading (temporary disturbance), any graded slopes and building pad areas, and any nongraded area where impervious surfaces exist.) STABLE (minimum 450 so. ft.) N/A CORRAL (minimum 550 so. ft.) STABLE ACCESS ACCESSWAY VIEWS PLANTS AND ANIMALS N/A Existing from Crest W. N/A N/A PROPOSED SWIMMING POOL & STABLE Residence 4385 sq.ft Garage 750 sq.ft Stable 735 sq.ft. Service 90 sq.ft Pool/spa 1104 sq.ft. Pool eqpm. 90 sq.ft. Porches 234 sq.ft Trellis det. 227 sq.ft. Trellis attch. 195 sq.ft Bbq 32 sq.ft. TOTAL 7,842 sq.ft. 7,684 sq. ft. or 18.5% of 40,914 sq.ft. net lot area (excl. allowed deductions) 13,359 sq. ft. or 32.65% of 40,914 sq.ft. net lot area (excl. deduct.) 11,050 sq.ft. pad, 58.1% including pool 1,371 sq.ft.pad, 65.3% (w/ deductions) 785 cubic yards total; 345 c.y. stable; 440 c.y. including excavation and re - compaction 250 c.y. export from the pool 56.3% 26,421 sq.ft. or 64.6% of 40,914 sq.ft. net lot area 1,188 sq.ft. 2-story stable; 2,700 sq.ft. corral From existing drwy Existing from Crest W. Planning Commission review Planning Commission review ZC NO. 860 o . • SITE PLAN REVIEW CRITERIA 11.46.010 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. 11.46.050 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. 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 s . irit and intent of this title will be observed; ZC NO. 860 • • E. That the variance does not grant special privilege to the applicant; F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and G. That the variance request is consistent with the general plan of the City of Rolling Hills. CRITERIA FOR CONDITIONAL USE PERMIT: 11.42.050 Basis for approval or denial of conditional use permit. The Commission (and Council on appeal), in acting to approve a conditional use permit application, may impose conditions as are reasonably necessary to ensure the project is consistent with the General Plan, compatible with surrounding land use, and meets the provisions and intent of this title. In making such a determination, the hearing body shall find that the proposed use is in general accord with the following principles and standards: A. That the proposed conditional use is consistent with the General Plan; B. That the nature, condition and development of adjacent uses, buildings and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, building or structures; C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed; D. That the proposed conditional use complies with all applicable development standards of the zone district; E. That the proposed use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; F. That the proposed conditional use observes the spirit and intent of this title ZC NO. 860 • • A El sll!H 6u!1108 ITIOZ 9 1 330 Ryexi 0, • 4 1 QUAIL RIDGE SOUTH j J ACACIA LONGIFOLIA 24" BOX @ 6"-0" O.C. 00 11,14111tW: -& vi0111119' ,d111"411-"41 ,':',11.Tpi 11=firme- ,4,211.7,41.10i1A1=111-",itfig."4-011- ,/ - ••1117.4% egFig . -;- ,45.474 'wAir_a_F • ,es.,.• .-- Alir,q, issCGc--. • --'' • j_l_.. ,11=• .4='41k #FAV .411'0U' 1,7 —1310- ‘,"' • =-1 0 CREST 5- ROJECT SITE 131 • OA PREPARED BY: GEORGE SWEENEY ARCHITECT PRELIMINARY STABLE LANDSCAPING PLAN DECEMBER 16, 2014 SCALE: 146" = 1' • • THIS PAGE INTENTIONALLY LEFT BLANK 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 proposedto 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 privilege of 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 propertyor 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 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 T IS116h 'iWOF PEC/ M ER 2014. ATTEST: HEIDI LUCE, CITY CLERK CHELF, CHAIRMA 10 • • STATE OF CALIFORNIA ) 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 Cl'1 Y 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 UNPERMI'1"1'ED TRELLIS AND BARBEQUE IN THE REAR YARD SETBACK AND FOR GRADING WHICH WOULD CAUSE EXCEEDANCE OF THE MAXIMUM PERMUTED 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: Commissioners Kirkpatrick, Mirsch and Chairman Chelf. NOES: Commissioners Gray and Smith. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. diAdt ktCt) CITY CLERK 11 Ra&w, ger-ea INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No: 6B Mtg. Date: 12-16-14 TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. ZONING CASE NO. 860 SITE LOCATION: 10 CREST ROAD WEST, (LOT 2-CH) ZONING AND SIZE: RA-S-1, 1.13 ACRES (EXCL. ROADWAY EASEMENT) APPLICANT: MR. AND MRS. FRYKMAN REPRESENTATIVE: BOLTON ENGINEERING PUBLISHED: JULY 3, 2014 REQUEST AND RECOMMENDATION 1. The applicants, Mr. and Mrs. Frykman, request a Conditional Use Permit to construct 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 a 2,700 square foot corral. Additionally, the applicants request a Site Plan Review for 1,104 square foot swimming pool, 90 square feet pool equipment area and grading of 785 cubic yards for the stable and pool, which includes cut, fill and over -excavation and re -compaction. The applicants request Variances to exceed the maximum permitted disturbance on the lot, to locate the stable in the front yard area of the lot and the corral in the front yard setback, to locate the swimming pool and a retaining wall, in the required 50-foot rear yard setback and to retain an unpermitted trellis and barbeque in the rear yard setback. 2. The Planning Commission at their November 18, 2014 meeting directed staff to prepare a Resolution of approval for this project. Resolution No. 2014-21 contains standard findings and facts and conditions, including conditions specific to this project as follows: • That the stable be screened from Crest Road West • That any future development be reviewed by the Planning Commission 3. It is recommended that the Planning Commission review and consider the attached resolution for adoption. c� • THIS PAGE INTENTIONALLY LEFT BLANK • . 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 3 • • 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 privilege of 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 • • 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 Chapter 17.18 of the Zoning Ordinance for stables, requirements of the Lighting Ordinance - RHMC 7.16.190 E, and roof covering - RHMC 17.16.190, as well as all other development sta dards and of the zone in which the subject property is located must be complied ik4 wi h 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 eight may not exceed 7'. Only one bathroom is permitted in a stable structure. Agricultural spaces, including feed and storage m -d 84.3%. Tack room may not exceed 186 sq.ft. or 15.6% of the structure. S',2,C- 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 buidling 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 conditions of the Site Plan, Variance and CUP approvals, herein as applicable, shall be 7 • • incorporated into the building permit working drawings and complied with prior to issuance of a building permit from the building department. H. 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. I. 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. J. 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). K. 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. L. 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. M. All utility lines to the stable shall be placed underground. 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 9 • • 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 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 co • • PASSED, APPROVED AND ADOPTED THIS 16h DAY OF DECEMBER 2014. BRAD CHELF, CHAIRMAN ATTEST: HEIDI LUCE, CITY CLER STATE OF CALIFORNIA ) 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 TO: • 0-1 Rd/iv qetia INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No: 4B Mtg. Date: 11-18-14FT HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: ZONING CASE NO. 860 10 CREST ROAD WEST, (LOT 2-CH) RA-S-1, 1.13 ACRES (EXCL. ROADWAY EASEMENT) MR. AND MRS. FRYKMAN BOLTON ENGINEERING JULY 3, 2014 REQUEST AND RECOMMENDATION 1. The Planning Commission at their August 19, 2014 public hearing continued this case to a field trip to the property on November 18, 2014 to provide the applicants an opportunity to revise the project. The applicants, Mr. and Mrs. Frykman, request a Conditional Use Permit to construct a stable consisting of 735 square foot first story and 453 square foot hay loft, for a total of 1,188 square feet (previously 806 sq. ft. first story and 473 sq. ft. loft for a total of 1,279 sq.ft.); 234 square foot covered porch (previously 264 sq.ft. covered porch) and a 2,700 square foot corral. Additionally, the applicants request a Site Plan Review for 1,104 square foot swimming pool, 90 square feet pool equipment area and grading of 785 cubic yards for the stable and pool, which includes cut, fill and over -excavation and re - compaction. The applicants request Variances to exceed the maximum permitted disturbance on the lot, to locate the stable in the front yard area of the lot and the corral in the front yard setback, to locate the swimming pool and retaining walls, including the outer wall of the lap pool in the required 50-foot rear yard setback and to retain an unpermitted trellis and barbeque in the rear setback. 2. The applicants reduced the size of the stable by 91 square feet total, (first story and the loft), reconfigured the stairs to the loft area by proposing above grade wooden • • REQUIREMETNS Not less than 6' wide roughened access Stable, corral not to be located on slopes greater than 4:1 stairs rather than grading out the area east of the stable for the stairs as previously proposed, thus reducing the area of grading and quantities of grading. Grading for the stable is proposed at 85 cubic yards cut and 100 cubic yards of fill (previously 105 c.y. cut and 150 c.y. fill), with 80 cubic yards of over -excavation and compaction. They have also eliminated the pool decking around the proposed pools. 208 square feet of hardscape will be added around the pool and includes the well for the pool covers. Stepping stones with grass area with a 35 square foot concrete pad as an extension to an existing concrete pad is also proposed on the west side and to the rear of the residence. Access to the lap pool would be from the west side of the lap pool a couple of stairs down from the pool deck. 3. Following the August Planning Commission meeting, the applicants submitted a request to the RHCA for reduction of their 25' wide easement along the western property line so that they could plant it out to screen the stable from the adjacent property. The request to reduce the easement was not granted. However, they were permitted to plant vegetation to up to 10 feet of the property line. 4. It is recommended that the Planning Commission review the staff report, view the project in the field, take public testimony and continue the meeting to the evening meeting of the Planning Commission or provide other direction to staff. BACKGROUND 5. The property is zoned RAS-1 and consists of 49,658 acres gross, (excluding the 50'roadway easement) and 40,914 square feet net for development purposes. The property is developed with a 4,385 square foot single family residence, 750 square foot garage and 195 square foot attached trellis, 90 square foot service yard; a 227 square foot detached trellis and 32 square foot barbeque, which are unpermitted. The residence is located in the rear of the lot, 130 to 165 feet from the front roadway easement line. A portion of the residence encroaches into the rear setback, which was approved in 1993. Also in 1993 a variance was granted to locate a future stable and corral in the front yard area, however closer to the house than currently proposed. MUNICIPAL CODE COMPLIANCE 6. Pursuant to the Zoning Code requirements stables over 200 sq.ft. and corrals over 550 sq.ft. require a Conditional Use Permit and are subject to the requirements of Chapter 17.18. The proposed stable will be two story, and will consist of 2 stalls, feed room, tack room, storage and parking area on the first level and a hay loft on the second level. The corral is proposed to be 2,700 square feet in the front setback. Pursuant to the zoning code requirements the following is applicable to this request: PROPOSED Proposed access from existing driveway Grading is required; consisting of 85 c.y. cu and 100 c.y. fill with 80 c.y. over excavation & compaction ZC NO. 860 Not in front yard or side or front setback. May be located up to 25' in rear setback. Min. 35' from any residential structure Building to be designed for rural and agricultura uses only, but may include storage of vehicles and household items Size to include the entire footprint including loft, if any Minimum of 60% shall be maintained for agricultural uses Maximum of 40% not to exceed 800 s.f. may be maintained for a tack room Tack room may have sanitary and kitchen amenities Tack room may have glazed openings Entry doors to agricultural space to be min. 4'wide & 8' high; appearance of a stable door Loft may be permitted Loft plate height may not exceed 7' Exterior area of stables may not to be paved Corral shall be fenced Access not to exceed 25% Corral to be contiguous to stable. Planning Commission may determine the size of a coral based on the size of the stable Commercial uses or sleeping is not allowed Stable and corral require Variance for location in front yard area of the lot and front setback 80' to the closest corner of the residence on subject property & 61' to neighbor's garage Building is proposed to look like a stable and be used for a stable, with storage and vehicle storage 1,188 square foot total with 234 sq.ft. covered porch Agricultural spaces, including feed and storage will be 84.3% Tack room comprises 186 sq.ft. or 15.6% of the structure Currently not proposed Windows in tack room To comply- to be reviewed by the Architectural Committee. Maximum height proposed -19 feet 4". Proposed - 453 sq.ft. Complies Proposed gravel or D.G. Proposed fenced corral- in front yard Access proposed bt. 2% and 16% grade 2,700 s.f. corral contiguous to stable. Applicant is not proposing any commercial uses or sleeping in the stable 7. The two 1,104 square foot swimming pools will encroach between 32 feet to 40 feet into the required 50' rear setback. Proposed is a play pool and a lap pool with two feet infinity edge spiling from the play pool into the lap pool. Along the west side of the pool a not to exceed 5' high retaining wall, that would step down to a curb, is proposed, which require a Variance for rear setback encroachment. The outer wall of the lap pool will be between 1 to three 3 high. The grading for the pool will be in the rear easement. The RHCA approved the project in concept. A 90 sq.ft. pool equipment is proposed to be located at the side of the residence. 8. Grading will consist of 785 cubic yards of cut, fill, overexcavation and recompaction (440 c.y. for pool area and 345 c.y. for the stable area). 250 cubic yards of dirt from the pool is proposed to be exported off site. The proposed disturbance of the lot would be 64.6%, which requires a variance. Currently 56.4% is disturbed. The applicants were not able to meet the requirement that all slopes be 3:1 or less, which ZC NO. 860 • • would allow them a 60% disturbance of the lot. However, they met the requirement that half of the resulting slopes would be 3:1 or less and are therefore allowed 50% disturbance. The variance request is to exceed the allowable disturbance by 14.6%. 9. A 227 square foot trellis and 32 square foot barbeque, both unpermitted, are located in the rear yard setback. Both require a building permit and variance for the location. It will be required that these structures be removed if a Variance is not granted. These structures were approved by the RHCA Architectural Committee. 10. The net lot area of the lot is 40,914 square feet. The structural lot coverage proposed is 7,943 square feet or 19.41% of the net lot area, which includes all of the structures; with the alowable deduction the net lot coverage would be 7,583 square feet or 18.5% - (20% maximum permitted). The total lot coverage proposed, including structures and flatwork is proposed to be 13,618 square feet or 33.3% of the net lot area; with allowed deductions it would be 13,359 sq.ft. or 32.7%, (35% maximum permitted). 11. The residential building pad is 11,050 square feet, (outside of setbacks). Coverage on this pad will be 58.1%, with allowable deductions and it includes the pool, which will be located in the setback. The proposed stable pad will be 1,371 square feet (not in setback) and will have coverage of 65.3%, (not including a portion of the covered porch). The entire corral is proposed to be located in the front setback. Due to the reduction in grading near the stable, the stable building pad was reduced from 1,700 sq.ft. to 1,371 square feet, thus increasing the building pad coverage. 10. Drainage from the stable will be discharged on the property via a dissipator towards the front. The pool area will drain to the rear. 12. The stable will be accessed from the existing driveway through the corral. The loft will be accessed through an outside staircase. The pool will be located approximately 2 feet lower than the residence and the lap pool would be two feet lower than the play pool. 13. In response for justification for the Variances requests the applicants' representative states that the location of the residence makes it impossible to place any other structures behind the residence, without encroaching into the rear setback, or in front of the residence without it being in the front yard area of the lot. In addition, the lot was previously graded to more than the maximum 40% permitted. The previous approvals showed a stable and corral in the front yard area, but did not include disturbance or grading for the construction. The additional 8.3% disturbance, (previously 9.6%), 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. ZC NO. 860 • 40 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. The applicants' representative further states that the corral and stable are well away from any adjacent habitable structure and not readily visible from any adjacent property, therefore will not negatively affect adjacent properties. The applicants will utilize to maximum extent practicable the already existing flat area in the front for the corral. Further, there are several stables and corrals in the front yard area in the vicinity of this project, on Crest Road and Portuguese Bend Road. 14. With regards to the Conditional Use Permit request for the stable and corral, the applicants' representative states that stable and corral or a set aside is required by the City. The set aside area was granted a variance in the past in a similar location. The stable and corral are in furtherance of the City's goal to encourage equestrian facilities. 15. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). 16. When reviewing a development application the Planning Commission must consider whether the proposed project meets the criteria for CUP, Site Plan Review and Variance of the Zoning Code. ZONING CASE NO. 860 I DEVELOPMENT STANDARDS I EXISTING RA-S-1 ZONE SETBACKS RESIDENCE Front: 50 ft. front easement line Side: 20 ft. from property line Rear: 50 ft. from property line Site Plan Review required for Residence 4385 sq.ft new structures, grading, pool Garage 750 sq.ft greater than 800 sq.ft. CUP for Stable 0 sq.ft. stable and corral. Variances for Service 90 sq.ft lot disturbance, setback and yard Pool/spa 0 sq.ft. area encroachment & existing Pool eqpm. 0 sq.ft. trellis. Trellis attch. 195 sq.ft STRUCTURAL COVERAGE (20% maximum) TOTAL LOT COVERAGE (35% maximum) BUILDING PAD COVERAGE RESIDENTIAL (30% maximum guideline) STABLE LOT Trellis det. 227 sq.ft. Bbq 32 sq.ft. PROPOSED SWIMMING POOL & STABLE Residence 4385 sq.ft Garage 750 sq.ft Stable 735 sq.ft. Service 90 sq.ft Pool/spa 1104 sq.ft. Pool eqpm. 90 sq.ft. Porches 234 sq.ft Trellis det. 227 sq.ft. Trellis attch. 195 sq.ft Bbq 32 sq.ft. TOTAL 5,679 sq.ft TOTAL 7,842 sq.ft. 13.9% 7,684 sq. ft or 18.5% of 40,914 sq.ft. net lot area (excl. allowed deductions) 26.6% 13,359 sq. ft or 32.65% of 40,914 sq.ft. net lot area (excl. deduct.) 11,050 sq.ft. pad, 47.3% 11,050 sq.ft. pad, 58.1% including pool 1,371 sq.ft.pad, 65.3% (w/ deductions) ZC NO. 860 ti GRADING Site plan review required if excavation and/or fill or combination thereof is more than 3 feet in depth and covers more than 2,000 sq. ft. balanced on site DISTURBED AREA (40% maximum; any graded building pad area, any remedial grading (temporary disturbance), any graded slopes and building pad areas, and any nongraded area where impervious surfaces exist.) STABLE (minimum 450 sa. ft.) CORRAL (minimum 550 sa. ft.) STABLE ACCESS ACCESSWAY VIEWS PLANTS AND ANIMALS N/A. 785 cubic yards total; 345 c.y. stable; 440 c.y. including excavation and re - compaction 250 c.y. export from the pool 56.3% 26,421 sq.ft. or 64.6% of 40,914 sq.ft. net lot area N/A N/A Existing from Crest W. N/A N/A 1,188 sq.ft. 2-story stable; 2,700 sq.ft. corral From existing drwy Existing from Crest W. Planning Commission review Planning Commission review 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; ZC NO. 860 • i 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. CRITERIA FOR VARIANCES 17.38.050 Required findings. In granting a variance, the Commission (and Council on appeal) must make the following findings: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; D. That in granting the variance, the spirit and intent of this title will be observed; E. That the variance does not grant special privilege to the applicant; F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and G. That the variance request is consistent with the general plan of the City of Rolling Hills. CRITERIA FOR CONDITIONAL USE PERMIT: 17.42.050 Basis for approval or denial of conditional use permit. The Commission (and Council on appeal), in acting to approve a conditional use permit application, may impose conditions as are reasonably necessary to ensure the project is consistent with the General Plan, compatible with surrounding land use, and meets the provisions and intent of this title. In making such a determination, the hearing body shall find that the proposed use is in general accord with the following principles and standards: A. That the proposed conditional use is consistent with the General Plan; B. That the nature, condition and development of adjacent uses, buildings and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, building or structures; C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed; D. That the proposed conditional use complies with all applicable development standards of the zone district; E. That the proposed use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; F. That the proposed conditional use observes the spirit and intent of this title. ZC NO. 860 0 TO: • ee-st gal • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No: 4A Mtg. Date: 08-19-14FT HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: ZONING CASE NO. 860 10 CREST ROAD WEST, (LOT 2-CH) RA-S-1, MR. AND MRS. FRYKMAN BOLTON ENGINEERING JULY 3, 2014 REQUEST AND RECOMMENDATION 1. The Planning Commission at their July 16, 2014 public hearing scheduled a field trip to the property on August 19, 2014. The applicants, Mr. and Mrs. Frykman, request a Conditional Use Permit to construct a stable consisting of 806 square foot first story and 473 square foot loft; 264 square foot covered porch and a 2,700 square foot corral are also proposed. Additionally, the applicants request a Site Plan Review for 1,104 square foot swimming pool, 90 square feet pool equipment area and grading of 760 cubic yards for the stable and pool, of which 180 cubic yards of dirt from the pool would be exported; and Variances to exceed the maximum permitted disturbance on the lot, to locate the stable in the front yard area of the lot and the corral in the front yard setback, to locate the swimming pool and a retaining wall in the required 50-foot rear yard setback and to retain an unpermitted trellis and barbeque in the rear setback. 2. It is recommended that the Planning Commission review the staff report, view the project in the field, take public testimony and continue the meeting to the regular meeting of the Planning Commission on August 19, 2014. 0:- • • REQUIREMETNS I Not less than 6' wide roughened access Stable, corral not to be located on slopes greater than 4:1 Not in front yard or side or front setback. May be located up to 25' in rear setback. Min. 35' from any residential structure Building to be designed for rural and agricultural uses only, but may include storage of vehicles and household items Size to include the entire footprint including loft, if any Minimum of 60% shall be maintained for agricultural uses Maximum of 40% not to exceed 800 s.f. may be maintained for a tack room Tack room may have sanitary and kitchen amenities Tack room may have glazed openings Entry doors to agricultural space to be min. 4'wide & 8' high; appearance of a stable door Loft may be permitted ZC NO. 860 BACKGROUND 3. The property is zoned RAS-1 and consists of 49,658 acres gross, (excluding the 50'roadway easement) and 40,914 square feet net for development purposes. The property is developed with a 4,385 square foot single family residence, 750 square foot garage and 195 square foot attached trellis, 90 square foot service yard; a 227 square foot detached trellis and 32 square foot barbeque, which are unpermitted. The residence is located in the rear of the lot, 130 to 165 feet from the front roadway easement line. A portion of the residence encroaches into the rear setback, which was approved in 1993. Also in 1993 a variance was granted to locate a future stable and corral in the front yard area, however closer to the house than currently proposed. MUNICIPAL CODE COMPLIANCE 4. Pursuant to the Zoning Code requirements stables over 200 sq.ft. and corrals over 550 sq.ft. require a Conditional Use Permit and are subject to the requirements of Chapter 17.18. The proposed stable will be two story, and will consist of 2 stalls, feed room, tack room, storage and parking area on the first level and a hay loft on the second level. The corral is proposed to be 2,700 square feet in the front setback. Pursuant to the zoning code requirements the following is applicable to this request: PROPOSED Proposed access from existing driveway Grading is required; consisting of 105 c.y. cut and 150 c.y. fill with 80 c.y. over excavation & compaction Stable and corral require Variance for location in front yard area of the lot 80' to the closest corner of the residence on subject property & 61' to neighbor's garage Building is proposed to look like a stable and be used for a stable, with storage and vehicle storage 1,279 square foot total with 264 sq.ft. covered porch Agricultural spaces, including feed and storage will be 92.4% Tack room comprises 97 sq.ft. or 7.6% of the structure Currently not proposed Windows in tack room To comply- to be reviewed by the Architectural Committee. Maximum height proposed -19 feet. Proposed - 473 sq.ft. • Loft plate height may not exceed 7' Exterior area of stables may not to be paved Corral shall be fenced Access not to exceed 25% Corral to be contiguous to stable. Planning Commission may determine the size of a coral based on the size of the stable Commercial uses or sleeping is not allowed Complies Proposed gravel or D.G. Proposed fenced corral- in front yard Access proposed bt. 2% and 16% grade 2,700 s.f. corral contiguous to stable. Applicant is not proposing any commercial uses or sleeping in the stable 5. The 1,104 square foot swimming pool is proposed to encroach 32 to 40 feet into the required 50' rear setback. Proposed is a play pool and a lap pool with infinity edge. Along the west side of the pool a not to exceed 5' high retaining wall, that would step down to a curb, is proposed, which require a Variance for rear setback encroachment. A 90 sq.ft. pool equipment is proposed to be located at the side of the residence. Minor grading in the rear easement is required for the pool to be placed in this location. The RHCA staff was alerted of this request and approved it in concept. 6. Grading will consist of 760 cubic yards of cut, fill and overexcavation of which 365 cubic yards is cut and 185 cubic yards is fill, 105 cubic yards of overexcavation and rcompction; 180 cubic yards from the pool is proposed to be exported. The proposed disturbance of the lot would be 66.2%, which requires a variance. Currently 56.4% is disturbed. The applicants were not able to meet the requirement that all slopes be 3:1 or less, which would allow them a 60% disturbance of the lot. However, they met the requirement that half of the resulting slopes would be 3:1 or less and are therefore allowed 50% disturbance. The variance request is to exceed the allowable disturbance by 16.2%. 7. A 227 square foot trellis and 32 square foot barbeque, both unpermitted, are located in the rear yard setback. Both require a building permit and variance for the location. It will be required that these structures be either removed or owners obtain a building permit. These structures were approved by the RHCA Architectural Committee. 8. The net lot area of the lot is 40,914 square feet. The structural lot coverage proposed is 7,943 square feet or 19.41% of the net lot area, which includes all of the structures; with the alowable deduction the net lot coverage would be 7,684 square feet or 18.8% - (20% maximum permitted). The total lot coverage proposed, including structures and flatwork is proposed to be 14,301 square feet or 34.95% of the net lot area; with allowed deductions it would be 14,042 sq.ft. or 34.3%, (35% maximum permitted). 9. The residential building pad is 11,050 square feet, (outside of setbacks). Coverage on this pad will be 58.1%, with allowable deductions and it includes the pool, which will be located in the setback. The proposed stable pad will be 1,740 square feet (not in setback) and will have coverage of 56.8%, (not including a portion of the covered porch). The entire corral is proposed to be located in the front setback. ZC NO. 860 • • 10. Drainage from the stable will be discharged on the property via a dissipator towards the front. The pool area will drain to the rear. 11. The stable will be accessed from the existing driveway through the corral. The loft will be accessed through an outside staircase. The pool will be located approximately 2 feet lower than the residence and short stairs and not to exceed 2' high rock wall will be constructed around the pool deck and the pool. The lap pool would be two feet lower than the play pool. 12. In response for justification for the Variances requests the applicants' representative states that the location of the residence makes it impossible to place any other structures behind the residence, without encroaching into the rear setback, or in front of the residence without it being in the front yard area of the lot. In addition, the lot was previously graded to more than the maximum 40% permitted. The previous approvals showed a stable and corral in the front yard area, but did not include disturbance or grading for the construction. The additional 9.8% disturbance, which is proposed, is minimal for construction of a stable, corral and the pool. The pool pad disturbance of 1,150 square feet results from the grading required to keep the wall height around the pool to less than 5'. 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. The applicants' representative further states that the corral and stable are well away from any adjacent habitable structure and not readily visible from any adjacent property, therefore will not negatively affect adjacent properties. The applicants will utilize to maximum extent practicable the already existing flat area in the front for the corral. Further, there are several stables and corrals in the front yard area in the vicinity of this project, on Crest Road and Portuguese Bend Road. 14. With regards to the Conditional Use Permit request for the stable and corral, the applicants' representative states that stable and corral or a set aside, is required by the City. The set aside area was granted a variance in the past in a similar location. The stable and corral are in furtherance of the City's goal to encourage equestrian facilities. 15. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). 16. When reviewing a development application the Planning Commission must consider whether the proposed project meets the criteria for CUP, Site Plan Review and Variance of the Zoning Code. ZC NO. 860 • • ZONING CASE NO. 860 DEVELOPMENT STANDARDS RA-S-1 ZONE SETBACKS Front: 50 ft. front easement line Side: 20 ft. from property line Rear: 50 ft. from property line Site Plan Review required for new structures, grading, pool greater than 800 sq.ft. CUP for stable and corral. Variances for lot disturbance, setback and yard area encroachment & existing trellis. STRUCTURAL LOT COVERAGE (20% maximum) TOTAL LOT COVERAGE (35% maximum) BUILDING PAD COVERAGE RESIDENTIAL (30% maximum guideline) STABLE GRADING Site plan review required if excavation and/or fill or combination thereof is more than 3 feet in depth and covers more than 2,000 sq. ft. balanced on site DISTURBED AREA (40% maximum; any graded building pad area, any remedial grading (temporary disturbance), any graded slopes and building pad areas, and any nongraded area where impervious surfaces exist.) STABLE (minimum 450 sa. ft.) CORRAL (minimum 550 sq. ft.) STABLE ACCESS ACCESSWAY VIEWS PLANTS AND ANIMALS I EXISTING RESIDENCE Residence Garage Stable Service Pool/spa Pool eqpm. Porches Trellis Bbq TOTAL 13.9% 4385 sq.ft 750 sq.ft 0 sq.ft. 90 sq.ft 0 sq.ft. 0 sq.ft. 195 sq.ft 227 sq.ft. 32 sq.ft. 5,679 sq.ft 26.6% 11,050 sq.ft. pad, 47.3% N/A. PROPOSED SWIMMING POOL & STABLE Residence 4385 sq.ft Garage 750 sq.ft Stable 806 sq.ft. Service 90 sq.ft Pool/spa 1104 sq.ft. Pool eqpm. 90 sq.ft. Porches 459 sq.ft Trellis 227 sq.ft. Bbq 32 sq.ft. TOTAL 7,943 sq.ft. 7,684 sq. ft or 18.8% of 40,914 sq.ft. net lot area (excl. allowed deductions) 14,042 sq. ft or 34.3% of 40,914 sq.ft. net lot area 11,050 sq.ft. pad, 58.1% including pool 1,740 sq.ft.pad, 56.8% 760 cubic yards total; 365 c.y. cut; 185 c.y. fill and 105 c.y. over excavation and re - compaction 180 c.y. export from the pool 56.3% 27,052 sq.ft. or 66.12% of 40,914 sq.ft. net lot area N/A N/A Existing from Crest W. N/A N/A 1,279 sq.ft. 2-story stable; 2,700 sq.ft. corral From existing drwy Existing from Crest W. Planning Commission review Planning Commission review ZC NO. 860 ( -5- 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. 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; ZC NO. 860 • C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; D. That in granting the variance, the spirit and intent of this title will be observed; E. That the variance does not grant special privilege to the applicant; F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and G. That the variance request is consistent with the general plan of the City of Rolling Hills. CRITERIA FOR CONDITIONAL USE PERMIT: 17.42.050 Basis for approval or denial of conditional use permit. The Commission (and Council on appeal), in acting to approve a conditional use permit application, may impose conditions as are reasonably necessary to ensure the project is consistent with the General Plan, compatible with surrounding land use, and meets the provisions and intent of this title. In making such a determination, the hearing body shall find that the proposed use is in general accord with the following principles and standards: A. That the proposed conditional use is consistent with the General Plan; B. That the nature, condition and development of adjacent uses, buildings and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, building or structures; C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed; D. That the proposed conditional use complies with all applicable development standards of the zone district; E. That the proposed use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; F. That the proposed conditional use observes the spirit and intent of this title. ZC NO. 860 TO: • Ra&if qeek INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No: 8A Mtg. Date: 07-15-14 HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: ZONING CASE NO. 860 10 CREST ROAD WEST, (LOT 2-CH) RA-S-1, MR. AND MRS. FRYKMAN BOLTON ENGINEERING JULY 3, 2014 REQUEST AND RECOMMENDATION 1. The applicants, Mr. and Mrs. Frykman, request a Conditional Use Permit to construct a two-story stable consisting of 806 square feet first story and 473 square feet loft; 264 square foot covered porch and a 2,700 square foot corral are also proposed. Additionally requested is a Site Plan Review for 1,104 square feet swimming pool, 90 square feet pool equipment area and grading of 760 cubic yards of grading for the stable and pool, of which 180 cubic yards of dirt from the pool would be exported and Variances to exceed the maximum permitted disturbance on the lot, to locate the stable in the front yard area of the lot and the corral in the front yard setback, to locate the swimming pool and a retaining wall in the required 50-foot rear yard setback and to retain an unpermitted trellis and barbeque in the rear setback. 2. It is recommended that the Planning Commission review the staff report, take public testimony and schedule a field trip to view the project in the field. BACKGROUND 3. The property is zoned RAS-1 and consists of 49,658 acres gross, (excluding the 50'roadway easement) and 40,914 square feet net for development purposes. The property is developed with a 4,385 square foot single family residence, 750 square foot • • garage and 195 square foot attached trellis, 90 square foot service yard; a 227 square foot detached trellis and 32 square foot barbeque, which are unpermitted. The residence is located in the rear of the lot, 130 to 165 feet from the front roadway easement line. A portion of the residence encroaches into the rear setback, which was approved in 1993. Also in 1993 a variance was granted to locate a future stable and corral in the front yard area, however closer to the house than currently proposed. MUNICIPAL CODE COMPLIANCE 4. Pursuant to the Zoning Code requirements stables over 200 sq.ft. and corrals over 550 sq.ft. require a Conditional Use Permit and are subject to the requirements of Chapter 17.18. The proposed stable will be two story, and will consist of 2 stalls, feed room, tack room, storage and parking area on the first level and a hay loft on the second level. The corral is proposed to be 2,700 square feet in the front setback. Pursuant to the zoning code requirements the following is applicable to this request: REQUIREMETNS Not less than 6' wide roughened access Stable, corral not to be located on slopes greater than 4:1 Not in front yard or side' or front setback. May be located up to 25' in rear setback. Min. 35' from any residential structure Building to be designed for rural and agricultural uses only, but may include storage of vehicles and household items Size to include the entire footprint including loft, if any Minimum of 60% shall be maintained for agricultural uses Maximum of 40% not to exceed 800 s.f. may be maintained for a tack room Tack room may have sanitary and kitchen amenities Tack room may have glazed openings Entry doors to agricultural space to be min. 4'wide & 8' high; appearance of a stable door Loft may be permitted Loft plate height may not exceed 7' Exterior area of stables may not to be paved Corral shall be fenced Access not to exceed 25% Corral to be contiguous to stable. Planning PROPOSED Proposed access from existing driveway 1 Grading is required; consisting of 105 c.y. cut and 150 c.y. fill with 80 c.y. over excavation & compaction Stable and corral require Variance for location in front yard area of the lot 80' to the closest corner of the residence on subject property & 61' to neighbor's garage Building is proposed to look like a stable and be used for a stable 1,279 square foot total with 264 sq.ft. covered porch Agricultural spaces, including feed and storage will be 92.4% Tack room comprises 97 sq.ft. or 7.6% of the structure Currently not proposed Windows in tack room To comply- to be reviewed by the Architectural Committee. Maximum height proposed -19 feet. Proposed - 473 sq.ft. Complies Proposed gravel or D.G. Proposed fenced corral- in front yard Access proposed bt. 2% and 16% grade 2,700 s.f. corral contiguous to stable. ZC NO. 860 • • Commission may determine the size of a coral based on the size of the stable Commercial uses or sleeping is not allowed Applicant is not proposing any commercial uses or sleeping in the stable 5. The 1,104 square foot swimming pool is proposed to encroach 32 to 40 feet into the required 50' rear setback. Proposed is a play pool and a lap pool with infinity edge. Along the west side of the pool a not to exceed 5' high retaining wall, that would step down to a curb, is proposed, which require a Variance for rear setback encroachment. A 90 sq.ft. pool equipment is proposed to be located at the side of the residence. Minor grading in the rear easement is required for the pool to be placed in this location. The RHCA staff was alerted of this request and approved it in concept. 6. Grading will consist of 760 cubic yards of cut, fill and overexcavation of which 365 cubic yards is cut and 185 cubic yards is fill, 105 cubic yards of overexcavation and rcompction; 180 cubic yards from the pool is proposed to be exported. The proposed disturbance of the lot would be 66.2%, which requires a variance. Currently 56.4% is disturbed. The applicants were not able to meet the requirement that all slopes be 3:1 or less, which would allow them a 60% disturbance of the lot. However, they met the requirement that half of the resulting slopes would be 3:1 or less and are therefore allowed 50% disturbance. The variance request is to exceed the allowable disturbance by 16.2%. 7. A 227 square foot trellis and 32 square foot barbeque, both unpermitted, are located in the rear yard setback. Both require a building permit and variance for the location. It will be required that these structures be either removed or owners obtain a building permit. These structures were approved by the RHCA Architectural Committee. 8. The net lot area of the lot is 40,914 square feet. The structural lot coverage proposed is 7,943 square feet or 19.41% of the net lot area, which includes all of the structures; with the alowable deduction the net lot coverage would be 7,684 square feet or 18.8% - (20% maximum permitted). The total lot coverage proposed, including structures and flatwork is proposed to be 14,301 square feet or 34.95% of the net lot area; with allowed deductions it would be 14,042 sq.ft. or 34.3%, (35% maximum permitted). 9. The residential building pad is 11,050 square feet, (outside of setbacks). Coverage on this pad will be 58.1%, with allowable deductions and it includes the pool, which will be located in the setback. The proposed stable pad will be 1,740 square feet (not in setback) and will have coverage of 56.8%, (not including a portion of the covered porch). The entire corral is proposed to be located in the front setback. 10. Drainage from the stable will be discharged on the property via a dissipator towards the front. The pool area will drain to the rear. ZC NO. 860 (-3- • • 11. The stable will be accessed from the existing driveway through the corral. The loft will be accessed through an outside staircase. The pool- will be located approximately 2 feet lower than the residence and short stairs and not to exceed 2' high rock wall will be constructed around the pool deck and the pool. The lap pool would be two feet lower than the play pool. 12. In response for justification for the Variances requests the applicants' representative states that the location of the residence makes it impossible to place any other structures behind the residence, without encroaching into the rear setback, or in front of the residence without it being in the front yard area of the lot. In addition, the lot was previously graded to more than the maximum 40% permitted. The previous approvals showed a stable and corral in the front yard area, but did not include disturbance or grading for the construction. The additional 9.8% disturbance, which is proposed, is minimal for construction of a stable, corral and the pool. The pool pad disturbance of 1,150 square feet results from the grading required to keep the wall height around the pool to less than 5'. 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. The applicants' representative further states that the corral and stable are well away from any adjacent habitable structure and not readily visible from any adjacent property, therefore will not negatively affect adjacent properties. The applicants will utilize to maximum extent practicable the already existing flat area in the front for the corral. Further, there are several stables and corrals in the front yard area in the vicinity of this project, on Crest Road and Portuguese Bend Road. 14. With regards to the Conditional Use Permit request for the stable and corral, the applicants' representative states that stable and corral or a set aside is required by the City. The set aside area was granted a variance in the past in a similar location. The stable and corral are in furtherance of the City's goal to encourage equestrian facilities. 15. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). 16. When reviewing a development application the Planning Commission must consider whether the proposed project meets the criteria for CUP, Site Plan Review and Variance of the Zoning Code. ZC NO. 860 I ZONING CASE NO. 860 DEVELOPMENT STANDARDS RA-S-1 ZONE SETBACKS RESIDENCE Front 50 ft. front easement line Side: 20 ft. from property line Rear: 50 ft. from property line Site Plan Review required for new structures, grading, pool greater than 800 sq.ft. CUP for stable and corral. Variances for lot disturbance, setback and yard area encroachment & existing trellis. STRUCTURAL LOT COVERAGE (20% maximum) TOTAL LOT COVERAGE (35% maximum) BUILDING PAD COVERAGE RESIDENTIAL (30% maximum guideline) STABLE GRADING Site plan review required if excavation and/or fill or combination thereof is more than 3 feet in depth and covers more than 2,000 sq. ft. balanced on site DISTURBED AREA (40% maximum; any graded building pad area, any remedial grading (temporary disturbance), any graded slopes and building pad areas, and any nongraded area where impervious surfaces exist.) STABLE (minimum 450 sa. ft.) CORRAL (minimum 550 sa. ft.) STABLE ACCESS ACCESSWAY VIEWS PLANTS AND ANIMALS EXISTING Residence 4385 sq.ft Garage 750 sq.ft Stable 0 sq.ft. Service 90 sq.ft Pool/spa 0 sq.ft. Pool eqpm. 0 sq.ft. Porches 195 sq.ft Trellis 227 sq.ft. Bbq 32 sq.ft. TOTAL 5,679 sq.ft 13.9% 26.6% 11,050 sq.ft. pad, 47.3% N/A. PROPOSED SWIMMING POOL & STABLE Residence 4385 sq.ft Garage 750 sq.ft Stable 806 sq.ft. Service 90 sq.ft Pool/spa 1104 sq.ft. Pool eqpm. 90 sq.ft. Porches 459 sq.ft Trellis 227 sq.ft. Bbq 32 sq.ft. TOTAL 7,943 sq.ft. 7,684 sq. ft or 18.8% of 40,914 sq.ft. net lot area (excl. allowed deductions) 14,042 sq. ft or 34.3% of 40,914 sq.ft. net lot area 11,050 sq.ft. pad, 58.1% including pool 1,740 sq.ft.pad, 56.8% 760 cubic yards total; 365 c.y. cut; 185 c.y. fill and 105 c.y. over excavation and re - compaction 180 c.y. export from the pool 56.3% 27,052 sq.ft. or 66.12% of 40,914 sq.ft. net lot area N/A N/A Existing from Crest W. N/A N/A 1,279 sq.ft. 2-story stable; 2,700 sq.ft. corral From existing drwy Existing from Crest W. Planning Commission review Planning Commission review ZC NO. 860 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. 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; ZC NO. 860 (-6- C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; D. That in granting the variance, the spirit and intent of this title will be observed; E. That the variance does not grant special privilege to the applicant; F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and G. That the variance request is consistent with the general plan of the City of Rolling Hills. CRITERIA FOR CONDITIONAL USE PERMIT: 17.42.050 Basis for approval or denial of conditional use permit. The Commission (and Council on appeal), in acting to approve a conditional use permit application, may impose conditions as are reasonably necessary to ensure the project is consistent with the General Plan, compatible with surrounding land use, and meets the provisions and intent of this title. In making such a determination, the hearing body shall find that the proposed use is in general accord with the following principles and standards: A. That the proposed conditional use is consistent with the General Plan; B. That the nature, condition and development of adjacent uses, buildings and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, building or structures; C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed; D. That the proposed conditional use complies with all applicable development standards of the zone district; E. That the proposed use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; F. That the proposed, conditional use observes the spirit and intent of this title. ZC NO. 860