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913, Construct a chicken coop in fr, Staff Reports• • Ral&if geek INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No.: 5-A Mtg. Date: 01/09/17 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR THRU: RAYMOND R. CRUZ, CITY MANAGER SUBJECT: RESOLUTION NO. 2016-25. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF VARIANCES AND SITE PLAN REVIEW TO CONSTRUCT A CHICKEN COOP IN THE FRONT YARD, TO EXCEED THE PREVIOUSLY APPROVED LOT DISTURBANCE AND TO RELOCATE A POOL EQUIPMENT AREA NECESSITATING AN UP TO 4' TALL ENCLOSURE WALL ON A PROPERTY WITH A RESTRICTED DEVELOPMENT CONDITION IMPOSED THROUGH A PRIOR PROJECT, IN ZONING CASE NO. 913, AT 10 CREST ROAD W. (LOT 2-CH) ROLLING HILLS, CA, (FRYKMAN). REQUEST AND PLANNING COMMISSION ACTION 1. It is recommended that the City Council receive and file this report or provide other direction to staff. 2. The applicants, Mr. and Mrs. Karl Frykman requested a SPR (Site Plan Review) and Variances. The Site Plan Review request is to relocate and enlarge by 10 sq.ft. a previously approved pool equipment area consisting of a maximum 4-foot tall retaining wall and 2 access gates, with incidental grading of a total of 10-cubic yards. The Variances requested seek permission to: 1) construct a 72-square foot chicken coop in the "front yard" (area between the leading edge of the residence and front property line); and 2) increase the amount of disturbed area of the lot from 64.6% to 66.1% (40% maximum allowed) due to minor grading for the proposed pool equipment enclosure. 3. The Planning Commission held public hearings to consider the application in the field on November 15, 2016 and at an evening meeting on the same day, and after a modification was submitted to the pool equipment area, as recommended by the Z.C. No. 913 • • Planning Commission, the Commission held a public hearing on December 20, 2016 at their regular meeting and adopted the Resolution approving the project. The resolution contains standard finding of facts and conditions as well as conditions specific to this case: • The previous approval for the property requires that the graded slopes be landscaped and that the stable, pool and deck be screened. These conditions will be reviewed and inspected upon completion of the previously approved project • Plants shall not be planted so that their growth would result in a hedge like wall, but must be offset • Any future development must be reviewed by the Planning Commission, except as permitted in Section 17.46.040C The Planning Commission found that the project is not obtrusive, that it fits on the lot and that due to the location of the house, in the rear of the lot, there is no other place, but in front of the house to construct any improvement. With the stable previously approved in the front yard, the chicken coop fits nicely in between the house and the stable. The pool enclosure is proposed in an area that would be tucked into a hill with a short 4' retaining wall, and away from the residence and neighbors. With the condition to screen the equipment area, there will be no impact on the neighboring properties. MUNICIPAL CODE COMPLIANCE 4. The property is zoned RAS-1. The gross lot area is 1.3 acres. The net lot area for development purposes is 40,914 square feet, (.93 acres). The topography slopes gently up from Crest Rd. The existing home is at the rear of the lot, partially within the rear setback. 5. As a result of the entitlements granted by Resolution 2014-21, the site is currently approved for: 4,385 square foot residence, 750 square foot attached garage, 1,104 square foot pool (within the rear setback), 90 square foot pool equipment, 735 square foot stable and 2,700 square foot corral, both, within the front yard, 234 square feet of porches, 227 square feet detached trellis, 195 square feet of attached trellis, 32 square feet of barbeque, a 192 square foot deck and a 90 square foot service yard. The existing trellis and barbeque are required to be legalized as there is no evidence that they were permitted. This approval received a condition that any future development must be reviewed by the Planning Commission, except as allowed by Section 17.46.040C. 6. The structural coverage for the project including the proposed coop and pool equipment structure will be 18.7%, (20% max. permitted) with allowed deductions and 32.85% for combined structural/flatwork (35% max. permitted). The disturbed area will increase by 1.53% over the 2014 approved Variance to 27,046 square feet, or 66.1% (40% max. permitted). 7. The residential building pad for the property contains 11,050 square feet. With the proposed pool equipment structure, the total residential pad coverage will be 58.1 %. Z.C. No. 913 • • When reviewing this application, the Planning Commission should consider whether the application meets the criteria for granting variances and site plan review. The applicant's representative has stated that approval of the requested variances is justified due to the location of the home towards the rear of the lot, which results in an unusually deep front yard. 8. Minor new grading is proposed-10 cubic yards total. The coop will be located on a relatively flat area near the future stable, requiring minor new disturbance and the pool equipment structure, to be located near the residence adjacent to the side setback will also require minor additional disturbance. 9. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA) as a "Class 3" exemption, qualifying as a small structure that is accessory to the existing residence. 10. When reviewing a site plan review application the Planning Commission consider whether the proposed project is consistent with the criteria for Site Plan Review 11. The Rolling Hills Community Association Architectural Committee reviewed and approved the project. CRITERIA FOR VARIANCES 17.38.050 Required findings. In granting a variance, the Commission (and Council on appeal) must make the following findings: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; D. That in granting the variance, the spirit and intent of this title will be observed; E. That the variance does not grant special privilege to the applicant; F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and G. That the variance request is consistent with the general plan of the City of Rolling Hills. Z.C. No. 913 • 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. 1 1 46.050 Required findings. A. The Commission shall be required to make findings in acting to approve, conditionally approve, or deny a site plan review application. B. No project which requires site plan review approval shall be approved by the Commission, or by the City Council on appeal, unless the following findings can be made: 1. The project complies with and is consistent with the goals and policies of the general plan and all requirements of the zoning ordinance; 2. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. Lot coverage requirements are regarded as maximums, and the actual amount of lot coverage permitted depends upon the existing buildable area of the lot; 3. The project is harmonious in scale and mass with the site, the natural terrain and surrounding residences; 4. The project preserves and integrates into the site design, to the greatest extent possible, existing topographic features of the site, including surrounding native vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls); 5. Grading has been designed to follow natural contours of the site and to minimize the amount of grading required to create the building area; 6. Grading will not modify existing drainage channels nor redirect drainage flow, unless such flow is redirected into an existing drainage course; 7. The project preserves surrounding native vegetation and mature trees and supplements these elements with drought -tolerant landscaping which is compatible with and enhances the rural character of the community, and landscaping provides a buffer or transition area between private and public areas; 8. The project is sensitive and not detrimental to the convenient and safe movement of pedestrians and vehicles; and 9. The project conforms to the requirements of the California Environmental Quality Act. SOURCE: City of Rolling Hills Zoning Ordinance Z.C. No. 913 ZONING CASE NO. 913 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 Z.C. No. 913 PREVIOUSLY APPROVED RESIDENCE , STABLE SWIMMING POOL, CORRAL Residence Garage Stable Service Pool/spa Pool eqpm. Porches Trellis attch. Trellis det. Bbq 4385 sq.ft 750 sq.ft 735 sq.ft. 90 sq.ft 1104 sq.ft. 90 sq.ft. 234 sq.ft 227 sq.ft. 195 sq.ft 32 sq.ft. TOTAL 7,842 sq.ft 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) PROPOSED CHICKEN COOP & POOL EQUIPMENT Residence Garage Stable Service Pool/ spa Pool eqpm. Porches Trellis det. Trellis attch. Bbq Chicken coop 4385 sq.ft 750 sq.ft 735 sq.ft. 90 sq.ft 1104 sq.ft. 100 sq.ft. 234 sq.ft 227 sq.ft. 195 sq.ft 32 sq.ft. 72 sq.ft. TOTAL 7,924 sq.ft. 7,665 sq. ft. or 18.73% of 40,914 sq.ft. net lot area (excl. allowed deductions) 13,441 sq. ft. or 32.85% of 40,914 sq.ft. net lot area (excl. deduct.) 11,050 sq.ft. pad, 58.2% including pool 1,371 sq.ft.pad, 70.5% (w/ deductions) • 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. f STABLE ACCESS ACCESSWAY VIEWS PLANTS AND ANIMALS Z.C. No. 913 785 cubic yards total; 345 c.y. stable; 440 c.y. including excavation and re -compaction 250 c.y. export from the pool 26,421 sq.ft. or 64.6% of 40,914 sq.ft. net lot area 10 cubic yards 27,046 sq.ft. or 66.1% of 40,914 sq.ft. net lot area 1,188 sq.ft. 2-story stable; 1,188 sq.ft. 2-story stable; 2,700 sq.ft. corral 2,700 sq.ft. corral From existing drwy Existing from Crest W. N/A Landscaping condition From existing drwy Existing from Crest W. N/A Landscaping condition is RESOLUTION NO. 2016-25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF VARIANCES AND SITE PLAN REVIEW TO CONSTRUCT A CHICKEN COOP IN THE FRONT YARD, TO EXCEED THE PREVIOUSLY APPROVED LOT DISTURBANCE AND TO RELOCATE A POOL EQUIPMENT AREA NECESSITATING AN UP TO 4' TALL ENCLOSURE WALL ON A PROPERTY WITH A RESTRICTED DEVELOPMENT CONDITION IMPOSED THROUGH A PRIOR PROJECT, IN ZONING CASE NO. 913, AT 10 CREST ROAD W. (LOT 2-CH) ROLLING HILLS, CA, (FRYKMAN). THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application was duly filed by property owners Mr. and Mrs. Karl Frykman with respect to real property located 10 Crest Road West (Lot 2-CH) Rolling Hills, CA requesting a SPR (Site Plan Review) and two Variances. The Site Plan Review request is to permit construction of a 100 square foot uncovered pool equipment enclosure consisting of a maximum 4-foot tall block wall and 2 access gates, with incidental grading of a total of 10-cubic yards. The Variances requested seek permission to: 1) construct a 72-square foot chicken coop table in the "front yard" (area between the leading edge of the residence and front property line); and 2) increase the amount of disturbed area of the lot from 64.6% to 66.1% (40% maximum allowed) due to grading for the proposed pool equipment enclosure. Section 2. The Planning Commission conducted duly noticed public hearings on November 15, including a field trip, and on December 20, 2016 to consider the application. The applicants and neighbors within 1,000-foot radius of subject property were notified of the public hearing in writing by first class mail. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff, and the Planning Commission reviewed, analyzed and studied said proposal. At its November 15th public hearing meeting, the Planning Commission expressed concern with the size, height of wall and location of the pool equipment enclosure. The applicant subsequently modified the application so that the enclosure design is as follows: 1) enclosure wall height of 4-feet; 2) the gate opening width no more than 10-feet in length (5-feet each door), with both doors attached to walls on both sides; 3) total gate width no more than 50% of the total length of wall in which the gate is located; and, 4) the enclosure wall set back a minimum 1-foot from the easement line, in order to provide room between the easement and enclosure wall for landscaping, sufficient to screen the appearance of the wall from the view of neighboring properties to the west. Reso. 2016-25 10 Crest Rd. West ly Section 3. The property is developed with a 4,385 square foot residence, 750 square foot garage, 195 square foot attached trellis, 227 square foot detached trellis, service yard and 32 square foot barbecue (BBQ and detached trellis are non -permitted). A portion of the existing residence encroaches into the rear setback, approved in 1993. The site was approved in 2014 (Resolution PC 2014-21) for construction of a pool and spa in the rear setback and stable/coral in the front yard of the lot. The trellis and barbeque are required to be legalized. Section 4. The Planning Commission finds that the project is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) as a "Class 3" project in that it is new construction of limited sized structures, in accordance with the CEQA Guidelines, Section 15303. Section 5. Site Plan Review Findings - Pool Equipment Enclosure. The subject property has a "restricted development" condition currently imposed in Resolution No. 2014-21, pursuant to Section 17.46.040.C.1. With respect to the Site Plan Review application requesting construction of a pool equipment enclosure with incidental grading, the Planning Commission makes the following findings of fact: A. The approval herein of a Site Plan Review is consistent with the purposes and objectives of the Zoning Ordinance and goals and policies of the General Plan because the proposed pool equipment enclosure is consistent with similar uses in the community, meets all the applicable code development standards and will be adequately sized and designed to be effectively visually screened from view of the adjoining property by landscaping and will be sufficiently separated from nearby structures used for habitation. The structure will be located approximately 75.feet from the rear property line and will be visually screened from Crest Road by a future stable and the existing residence. B. The subject lot is 1.13 acres in size and is sufficiently large to accommodate the proposed structure while maintaining considerable amount of open space. The project proposes total lot coverage of 32.85%, which conforms to the Zoning Code lot coverage limit of 35% (of net lot area). C. The project is harmonious in scale and mass with the site, the natural terrain, and surrounding residences because the equipment enclosure, as designed and in complying with code requirements, will blend with the low profile residential development pattern of the community and will not give the property an over -built look. The structure is proposed to be located in the rear of the lot and will be low scale (4-foot tall for pool equipment enclosure and 8-foot tall for chicken coop), thereby reducing their visibility. D. The nature, condition, and development of adjacent structures have been considered, and the project will not adversely affect or be materially detrimental to adjacent uses, buildings, or structures because the proposed pool equipment enclosure Reso. 2016-25 10 Crest Rd. West • • is oriented away from all but one of the adjoining properties. The visibility to the property adjoining on the west will be lessened by the maintenance of vegetation to be planted between the side easement line and enclosure wall. Grading involving 10 cubic yards for the pool equipment structure is the maximum needed to construct the structure and the structure will be recessed as much as possible into the existing slope to allow for more effective screening. E. The development plan follows to the maximum extent practicable, the contours of the site to minimize grading and retain the natural drainage courses. The area being graded to accommodate the pool equipment enclosure will be landscaped and is minimal in size. F. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles because there are no changes to the existing driveway nor will there be any encroachments on private easements or trails. Section 6. Variances. Sections 17.38.010 through 17.38.050 of the Code permit approval of a variance in order to grant relief from the standards and requirements of the Zoning Ordinance when, due to exceptional or extraordinary circumstances applicable to the subject property and not to other similar properties in the same zone, strict application of the Code would deny the property owner substantial property rights enjoyed by other properties in the same vicinity and zone. With respect to the variances requested to exceed the amount of lot disturbance (66.1% requested; 40% permitted) and to construct a chicken coop within the "front yard", the Planning Commission finds as follows: A. There are exceptional and extraordinary circumstances and conditions applicable to the subject property that do not apply generally to other property or class of use in the same zone in that, principally, the fact that the existing residence was constructed largely towards the rear of the lot, leaving the majority of the lot to be considered front yard. Being that a portion of the house is located in the rear setback, there is no location in the rear yard for the coop to be placed that is 35-feet away from a structure (as required of public health regulations) and outside of setbacks. This constraint is also a factor in that additional disturbance is needed to locate both structures in the areas available for development. In addition, being that the applicant has gained prior approval for the barn and corral in the front yard (Reso. 2014-21), it is also logical. that the coop, which is actually farther from Crest Road than the previously approved barn, could be located in the vicinity to the barn. Other than the coop location and lot disturbance exceedance, the project meets all codes. B. The requested Variances for front yard location and disturbance are necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, but which is denied to the property in question in that swimming pools and associated equipment and chicken coops are Reso. 2016-25 10 Crest Rd. West amenities common to, and characteristic of the large estate sized properties that permit animal keeping and private recreational uses complimentary to the single family RA-S-1 Residential zone. C. The chicken coop and the pool equipment structures will not be injurious to neighbors. The coop will be located between the stable and the residence and away from Crest Road, will not encroach into any setbacks and will have a conforming distance (minimum 35-feet) away from any residence. The pool equipment enclosure will be located on the west side of the existing residence, but not within the side yard setback. It will be recessed into the ground with the surrounding walls no higher than 4-feet, with access on the west side via two (2) five-foot wide gates attached to walls on either side that are also 5-feet in width, with a one -foot minimum planter in front of its west wall. The enclosure's location and design, particularly its low -scale height, and buffering landscaping are expected to mitigate any potential visual or other impacts to neighbors. D. The chicken coop and pool enclosure are compatible with the general plan and zoning ordinance in that, other than being in the front yard (coop) and causing a minor increase in disturbance, will comply with all standards as an accessory agricultural use, including location, size, height, distance from residential structures (min. 35 feet) and use, and both will be compatible with the city's land use goals for the RA-S-1 zone. E. The proposed accessory uses are consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting criteria for hazardous waste facilities in that the project site is not listed on the current State of California Hazardous Waste and Substances Sites List. F. The variances do not grant special privileges to the applicant. To the contrary, absent a variance, the property owner would be deprived of the same rights and privileges afforded to other property owners in the vicinity, especially due to the unusual location of the existing residence close to the property's rear, as opposed to front property line. This unique physical constraint makes it infeasible for the property owner to comply with Sections 17.16.070.B (disturbance limit) and 17.16.200 (conditions for accessory uses). Section 7. Based upon the foregoing findings, the Planning Commission hereby approves Zoning Case No. 913, request for a Site Plan Review and Variances for a 72 square foot chicken coop in the front yard, minor grading and a 100 square foot pool enclosure, with not to exceed 4' retaining walls, subject to the following conditions: A. The Site Plan and Variances approvals shall expire within two years from the effective date of approval as defined in Sections 17.38.070 and 17.46.080, unless otherwise extended pursuant to the requirements of these sections. Reso. 2016-25 10 Crest Rd. West • • B. If any condition of this resolution is violated, the entitlement granted by this resolution shall be suspended and the privileges granted hereunder shall lapse and upon receipt of written notice from the City, all construction work being performed on the subject property shall immediately cease, other than work determined by the City Manager or his/her designee required to cure the violation. The suspension and stop work order will be lifted once the Applicant cures the violation to the satisfaction of the City Manager or his/her designee. In the event that the Applicant disputes the City Manager or his/her designee's determination that a violation exists or disputes how the violation must be cured, the Applicant may request a hearing before the City Council. The hearing shall be scheduled at the next regular meeting of the City Council for which the agenda has not yet been posted, the Applicant shall be provided written notice of the hearing. The stop work order shall remain in effect during the pendency of the hearing. The City Council shall make a determination as to whether a violation of this Resolution has occurred. If the Council determines that a violation has not occurred or has been cured by the time of the hearing, the Council will lift the suspension and the stop work order. If the Council determines that a violation has occurred and has not yet been cured, the Council shall provide the Applicant with a deadline to cure the violation; no construction work shall be performed on the property until and unless the violation is cured by the deadline, other than work designated by the Council to accomplish the cure. If the violation is not cured by the deadline, the Council may either extend the deadline at the Applicant's request or schedule a hearing for the revocation of the entitlements granted by this Resolution pursuant to Chapter 17.58 of the Rolling Hills Municipal Code (RHMC). C. All requirements of the Building and Construction Ordinance, the Zoning Ordinance, LA County Building Code and of the zone in which the subject property is located must be complied with unless otherwise set forth in the Permit, or shown otherwise on an approved plan. D. The conditions of approval specified herein shall be printed on the construction plans submitted to the building department for plan check and, permitting and shall be available at all time at the construction site. E. The lot shall be developed and maintained in substantial conformance with the site plan on file dated December 8, 2016, except as otherwise provided in these conditions. The working drawings submitted to the Department of Building and Safety for plan check review shall conform to the approved development plan. All conditions of the Site Plan Review and Variance approvals shall be incorporated into the building permit working drawings and where applicable complied with prior to issuance of a building permit. F. Prior to submittal of final working drawings to the Building and Safety Department for issuance of building permits, the plans for the project shall be Reso. 2016-25 10 Crest Rd. West submitted to City staff for verification that the final plans are in compliance with the plans approved by the Planning Commission. G. A licensed professional preparing construction plans for this project for Building Department review shall execute a Certificate affirming that the plans conform in all respects to this Resolution approving this project and all of the conditions set forth therein and the City's Building Code and Zoning Ordinance. Further, the person obtaining a building permit for this project shall execute a Certificate of Construction stating that the project will be constructed according to this Resolution and any plans approved therewith. H. Structural lot coverage of the lot shall not exceed 7,665 square feet or 18.73% of the net lot area with allowable deductions, in conformance with lot coverage limitations (20% maximum). The size of the structures shall be measured from the exterior surface of the outside walls. I. The total lot coverage proposed, including structures and flatwork, shall not exceed 13,441 square feet or 32.85%, of the net lot area, in conformance with lot coverage limitations (35% max). J. Grading for this project shall not exceed 10 cubic yards total (cut and fill) the amount needed minimally to site the proposed structures. The disturbance of the lot shall not exceed 66.1%. K. A drainage plan, if required by the Building Department shall be prepared and approved by City Staff prior to issuance of a construction permit. Such plan shall be subject to County Code requirements. L. The proposed pool equipment enclosure shall be shielded on the west side by landscaping but not be located in the RHCA easement, unless permitted by the RHCA. A landscaping plan for the pool equipment area shall be submitted to the City prior to construction. Any plants introduced for this project shall not grow into a hedge but be offset. The landscaping plan shall utilize to the maximum extent feasible, plants that are native to the area and are consistent with the rural character of the community. M. Perimeter easements and trails, if any, including roadway easements shall remain free and clear of any improvements including, but not be limited to, driveways, fences including construction fences, landscaping, irrigation and drainage devices, except as otherwise approved by the Rolling Hills Community Association. N. 50% of any construction materials must be recycled or diverted from landfills. The hauler of the materials shall obtain City's Construction and Demolition permit prior to start of work. Reso. 2016-25 6 g). 10 Crest Rd. West • • O. During construction, the property owners shall be required to schedule and regulate construction and related traffic noise throughout the day between the hours of 7 AM and 6 PM, Monday through Saturday only, when construction and mechanical equipment noise is permitted, so as not to interfere with the quiet residential environment of the City of Rolling Hills. P. During construction, all parking shall take place on the project site and, if necessary, any overflow parking shall take place within nearby unimproved roadway easement adjacent to subject site. There shall be no blocking of adjacent driveways or of the roadway easement for passage of pedestrians and equestrians. During construction a flagmen shall be present to direct traffic when it is anticipated that a lane may be impeded. During construction, to the maximum extent feasible, employees of the contractor shall be encouraged to car-pool to and from the City. Q. The property owner shall at all times maintain the pool equipment within the proposed enclosure such that it does not create any undue noise disturbances or visual impacts to neighbors. Sound attenuating equipment shall be installed to dampen the sound. The pool equipment shall utilize the most, quiet and technologically advanced equipment to dampen the sound. R. The property owners shall be required to conform with the Regional Water Quality Control Board and County Public Works Department Best Management Practices (BMP's) requirements related to solid waste, drainage and storm water drainage facilities management and the Low Impact Development Ordinance (LID), if applicable, of the City of Rolling Hills. S. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills Municipal Code, any modifications to the property or this project, which would constitute additional grading or any structural development shall require the filing of a new application for approval by the Planning Commission, except as permitted in Section 17.46.040C. T. The applicant shall execute an Affidavit of Acceptance of all conditions of this permit pursuant to Zoning Ordinance, or the approval shall not be effective. PASSED, APPROVED AND ADOPTED THI,� 20th AY OF DECEMBER 2016. ATTEST: ceth, HEIDI LUCE, CITY CLERK Reso. 2016-25 10 Crest Rd. West ) CH RM 7 ® • Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in Section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure Section 1094.6. STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS) I certify that the foregoing Resolution No. 2016-25 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF VARIANCES TO CONSTRUCT A CHICKEN COOP IN THE FRONT YARD AND TO INCREASE THE LOT DISTURBANCE AND . A SITE PLAN REVIEW TO CONSTRUCT A POOL EQUIPMENT ENCLOSURE WITH MINOR GRADING ON A PROPERTY WITH A RESTRICTED DEVELOPMENT CONDITION, IN ZONING CASE NO. 913 AT 10 CREST ROAD WEST, LOT 2-CH, ROLLING HILLS, CA (FRYKMAN). was approved and adopted at a regular meeting of the Planning Commission on December 20, 2016 by the following roll call vote: AYES: Commissioners Kirkpatrick, Seaburn and Chairman Chelf. NOES: None. ABSENT: Commissioners Cardenas and Gray. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. Reso. 2016-25 10 Crest Rd. West HEIDI LUCE, CITY CLERK s 8 TO: FROM: Ralle# qedej 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: 12-20-16 HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING/ LOT SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: ZONING CASE NO. 913 10 CREST RD. E. (LOT 2-CH) RA-S-1 / 1.3 ACRES (GROSS) MR. AND MRS. KARL FRYKMAN BOLTON ENGINEERING NOVEMBER 3, 2016 REQUEST AND RECOMMENDATION 1. Mr. and Mrs. Karl Frykman of 10 Crest Road East request Variances to construct a 72 square foot chicken coop and to exceed disturbance on the lot. The applicants also propose to relocate and slightly enlarge a pool equipment enclosure with a 4' high wall, requiring a Site Plan Review. The chicken coop is proposed to be within the "front yard" of the lot and with the new structures the lot disturbance will increase by 625 square feet and by 1.53% beyond the amount granted in a prior Variance request, and will be 66.1 %. Also proposed are two short walls (not exceed 2' in height) in the area of the chicken coop to accomplish a flat area. 2. The Planning Commission held public hearings on November 15, 2016, in the field and later that same day in Council Chambers. At the field trip the location of the pool equipment area was discussed and the Planning Commission suggested that the applicants reconfigure the wall, access to the enclosure and the slope location of the pool equipment area. At the evening public hearing, following discussion, the Planning Commission directed staff to bring a Resolution of approval of the project subject to the applicants submitting a revised plan for the pool equipment incorporating the suggestions made by the Planning Commission. ZC NO.913 10 Crest Rd. W. • • 3. The applicants submitted a revised plans calling for a 100 square foot pool equipment area tucked into the side yard slope with not to exceed 4' high retaining walls, located 1' from the easement line. The applicants propose to move the entire enclosure slightly to the north of the previous proposal to allow for a wider walkable area around it and the house, and a 4' wide planter surrounding the enclosure along the rear and sides. The access to the enclosure will be taken from the west side having a two, 5' wide doors. The front of the enclosure will be landscaped (not in easement). 4. Enclosed for Planning Commission's consideration is Resolution No. 2016-25 approving the project based on the revised plan allowing not to exceed 4' walls and requiring screening of the pool equipment area from the west side. 5. The previously approved project contains a condition that the Planning Commission shall review any further development on the property. Unless directed otherwise by the Planning Commission, this condition has been included in the proposed Resolution. MUNICIPAL CODE COMPLIANCE 6. The calculations submitted for the November meeting for the structural, total lot and building pad coverages and disturbance of the lot are not going to change. 7. The property is zoned RAS-1. The gross lot area is 1.3 acres. The net lot area for development purposes is 40,914 square feet, (.93 acres). The topography slopes gently up from Crest Rd. The existing home is at the rear of the lot, partially within the rear setback. 8. As a result of the entitlements granted by Resolution 2014-21, the site is currently approved for: 4,385 square foot residence, 750 square foot attached garage, 1,104 square foot pool (within the rear setback), 90 square foot pool equipment 735 square foot stable (within front yard), 234 square feet of porches, 227 square feet detached trellis, 195 square feet of attached trellis, 32 square feet of barbeque, a 192 square foot deck and a 90 square foot service yard. In addition, the 2014 approvals permitted a 2,700 square foot corral, within the front yard. 9. The structural coverage for the project including the proposed coop and pool equipment structure will be 18.7%, (20% max. permitted) with allowed deductions and 32.85% for combined structural/flatwork (35% max. permitted). The disturbed area will increase by 1.53% over the 2014 approved Variance to 27,046 square feet, or 66.1% (40% max. permitted). 10. The residential building pad for the property contains 11,050 square feet. With the proposed pool equipment structure, the total residential pad coverage will be 58.1 %. With the proposed coop, the stable pad (1,371 square feet) will have 70.6% coverage. • • 11. When reviewing this application, the Planning Commission should consider whether the application meets the criteria for granting variances and site plan review.. The applicant's representative has stated that approval of the requested variances is justified due to the location of the home towards the rear of the lot, which results in an unusually deep front yard. 12. Minor new grading is proposed-10 cubic yards total. The coop will be located on a relatively flat area near the future stable, requiring minor new disturbance and the pool equipment structure, to be located near the residence adjacent to the side setback will also require minor additional disturbance. 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. SITE PLAN REVIEW CRITERIA 17.46.010 Purpose. The site plan review process is established to provide discretionary review of certain development projects in the City for the purposes of ensuring that the proposed project is consistent with the City's General Plan; incorporates environmentally and aesthetically sensitive grading practices; preserves existing mature vegetation; is compatible and consistent with the scale, massing and development pattern in the immediate project vicinity; and otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills. 17.46.050 Required findings. A. The Commission shall be required to make findings in acting to approve, conditionally approve, or deny a site plan review application. • • B. No project which requires site plan review approval shall be approved by the Commission, or by the City Council on appeal, unless the following findings can be made: 1. The project complies with and is consistent with the goals and policies of the general plan and all requirements of the zoning ordinance; 2. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. Lot coverage requirements are regarded as maximums, and the actual amount of lot coverage permitted depends upon the existing buildable area of the lot; 3. The project is harmonious in scale and mass with the site, the natural terrain and surrounding residences; 4. The project preserves and integrates into the site design, to the greatest extent possible, existing topographic features of the site, including surrounding native vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls); 5. Grading has been designed to follow natural contours of the site and to minimize the amount of grading required to create the building area; 6. Grading will not modify existing drainage channels nor redirect drainage flow, unless such flow is redirected into an existing drainage course; 7. The project preserves surrounding native vegetation and mature trees and supplements these elements with drought -tolerant landscaping which is compatible with and enhances the rural character of the community, and landscaping provides a buffer or transition area between private and public areas; 8. The project is sensitive and not detrimental to the convenient and safe movement of pedestrians and vehicles; and 9. The project conforms to the requirements of the California Environmental Quality Act. SOURCE: City of Rolling Hills Zoning Ordinance • • RESOLUTION NO. 2016-25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF VARIANCES AND SITE PLAN REVIEW TO CONSTRUCT A CHICKEN COOP IN THE FRONT YARD, TO EXCEED THE PREVIOUSLY APPROVED LOT DISTURBANCE AND TO RELOCATE A POOL EQUIPMENT AREA NECESSITATING AN UP TO 4' TALL ENCLOSURE WALL ON A PROPERTY WITH A RESTRICTED DEVELOPMENT CONDITION IMPOSED THROUGH A PRIOR PROJECT, IN ZONING CASE NO. 913, AT 10 CREST ROAD W. (LOT 2-CH) ROLLING HILLS, CA, (FRYKMAN). THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application was duly filed by property owners Mr. and Mrs. Karl Frykman with respect to real property located 10 Crest Road West (Lot 2-CH) Rolling Hills, CA requesting a SPR (Site Plan Review) and two Variances. The Site Plan Review request is to permit construction of a 100 square foot uncovered pool equipment enclosure consisting of a maximum 4-foot tall block wall and 2 access gates, with incidental grading of a total of 10-cubic yards. The Variances requested seek permission to: 1) construct a 72-square foot chicken coop table in the "front yard" (area between the leading edge of the residence and front property line); and 2) increase the amount of disturbed area of the lot from 64.6% to 66.1% (40% maximum allowed) due to grading for the proposed pool equipment enclosure. Section 2. The Planning Commission conducted duly noticed public hearings on November 15, including a field trip, and on December 20, 2016 to consider the application. The applicants and neighbors within 1,000-foot radius of subject property were notified of the public hearing in writing by first class mail. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff, and the Planning Commission reviewed, analyzed and studied said proposal. At its November 15th public hearing meeting, the Planning Commission expressed concern with the size, height of wall and location of the pool equipment enclosure. The applicant subsequently modified the application so that the enclosure design is as follows: 1) enclosure wall height of 4-feet; 2) the gate opening width no more than 10-feet in length (5-feet each door), with both doors attached to walls on both sides; 3) total gate width no more than 50% of the total length of wall in which the gate is located; and, 4) the enclosure wall set back a minimum 1-foot from the easement line, in order to provide room between the easement and enclosure wall for landscaping, sufficient to screen the appearance of the wall from the view of neighboring properties to the west. Reso. 2016-25 1 10 Crest Rd. West Section 3. The property is developed with a 4,385 square foot residence, 750 square foot garage, 195 square foot attached trellis, 227 square foot detached trellis, service yard and 32 square foot barbecue (BBQ and detached trellis are non -permitted). A portion of the existing residence encroaches into the rear setback, approved in 1993. The site was approved in 2014 (Resolution PC 2014-21) for construction of a pool and spa in the rear setback and stable/coral in the front yard of the lot. The trellis and barbeque are required to be legalized. Section 4. The Planning Commission finds that the project is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) as a "Class 3" project in that it is new construction of limited sized structures, in accordance with the CEQA Guidelines, Section 15303. Section 5. Site Plan Review Findings - Pool Equipment Enclosure. The subject property has a "restricted development" condition currently imposed in Resolution No. 2014-21, pursuant to Section 17.46.040.C.1. With respect to the Site Plan Review application requesting construction of a pool equipment enclosure with incidental grading, the Planning Commission makes the following findings of fact: A. The approval herein of a Site Plan Review is consistent with the purposes and objectives of the Zoning Ordinance and goals and policies of the General Plan because the proposed pool equipment enclosure is consistent with similar uses in the community, meets all the applicable code development standards and will be adequately sized and designed to be effectively visually screened from view of the adjoining property by landscaping and will be sufficiently separated from nearby structures used for habitation. The structure will be located approximately 75 feet from the rear property line and will be visually screened from Crest Road by a future stable and the existing residence. B. The subject lot is 1.13 acres in size and is sufficiently large to accommodate the proposed structure while maintaining considerable amount of open space. The project proposes total lot coverage of 32.85%, which conforms to the Zoning Code lot coverage limit of 35% (of net lot area). C. The project is harmonious in scale and mass with the site, the natural terrain, and surrounding residences because the equipment enclosure, as designed and in complying with code requirements, will blend with the low profile residential development pattern of the community and will not give the property an over -built look. The structure is proposed to be located in the rear of the lot and will be low scale (4-foot tall for pool equipment enclosure and 8-foot tall for chicken coop), thereby reducing their visibility. D. The nature, condition, and development of adjacent structures have been considered, and the project will not adversely affect or be materially detrimental to adjacent uses, buildings, or structures because the proposed pool equipment enclosure Reso. 2016-25 10 Crest Rd. West 2 g is oriented away from all but one of the adjoining properties. The visibility to the property adjoining on the west will be lessened by the maintenance of vegetation to be planted between the side easement line and enclosure wall. Grading involving 10 cubic yards for the pool equipment structure is the maximum needed to construct the structure and the structure will be recessed as much as possible into the existing slope to allow for more effective screening. E. The development plan follows to the maximum extent practicable, the contours of the site to minimize grading and retain the natural drainage courses. The area being graded to accommodate the pool equipment enclosure will be landscaped and is minimal in size. F. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles because there are no changes to the existing driveway nor will there be any encroachments on private easements or trails. Section 6. Variances. Sections 17.38.010 through 17.38.050 of the Code permit approval of a variance in order to grant relief from the standards and requirements of the Zoning Ordinance when, due to exceptional or extraordinary circumstances applicable to the subject property and not to other similar properties in the same zone, strict application of the Code would deny the property owner substantial property rights enjoyed by other properties in the same vicinity and zone. With respect to the variances requested to exceed the amount of lot disturbance (66.1% requested; 40% permitted) and to construct a chicken coop within the "front yard", the Planning Commission finds as follows: A. There are exceptional and extraordinary circumstances and conditions applicable to the subject property that do not apply generally to other property or class of use in the same zone in that, principally, the fact that the existing residence was constructed largely towards the rear of the lot, leaving the majority of the lot to be considered front yard. Being that a portion of the house is located in the rear setback, there is no location in the rear yard for the coop to be placed that is 35-feet away from a structure (as required of public health regulations) and outside of setbacks. This constraint is also a factor in that additional disturbance is needed to locate both structures in the areas available for development. In addition, being that the applicant has gained prior approval for the barn and corral in the front yard (Reso. 2014-21), it is also logical that the coop, which is actually farther from Crest Road than the previously approved barn, could be located in the vicinity to the barn. Other than the coop location and lot disturbance exceedance, the project meets all codes. B. The requested Variances for front yard location and disturbance are necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, but which is denied to the property in question in that swimming pools and associated equipment and chicken coops are Reso. 2016-25 3 CD 10 Crest Rd. West • • amenities common to, and characteristic of the large estate sized properties that permit animal keeping and private recreational uses complimentary to the single family RA-S-1 Residential zone. C. The chicken coop and the pool equipment structures will not be injurious to neighbors. The coop will be located between the stable and the residence and away from Crest Road, will not encroach into any setbacks and will have a conforming distance (minimum 35-feet) away from any residence. The pool equipment enclosure will be located on the west side of the existing residence, but not within the side yard setback. It will be recessed into the ground with the surrounding walls no higher than 4-feet, with access on the west side via two (2) five-foot wide gates attached to walls on either side that are also 5-feet in width, with a one -foot minimum planter in front of its west wall. The enclosure's location and design, particularly its low -scale height, and buffering landscaping are expected to mitigate any potential visual or other impacts to neighbors. D. The chicken coop and pool enclosure are compatible with the general plan and zoning ordinance in that, other than being in the front yard (coop) and causing a minor increase in disturbance, will comply with all standards as an accessory agricultural use, including location, size, height, distance from residential structures (min. 35 feet) and use, and both will be compatible with the city's land use goals for the RA-S-1 zone. E. The proposed accessory uses are consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting criteria for hazardous waste facilities in that the project site is not listed on the current State of California Hazardous Waste and Substances Sites List. F. The variances do not grant special privileges to the applicant. To the contrary, absent a variance, the property owner would be deprived of the same rights and privileges afforded to other property owners in the vicinity, especially due to the unusual location of the existing residence close to the property's rear, as opposed to front property line. This unique physical constraint makes it infeasible for the property owner to comply with Sections 17.16.070.B (disturbance limit) and 17.16.200 (conditions for accessory uses). Section 7. Based upon the foregoing findings, the Planning Commission hereby approves Zoning Case No. 913, request for a Site Plan Review and Variances for a 72 square foot chicken coop in the front yard, minor grading and a 100 square foot pool enclosure, with not to exceed 4' retaining walls, subject to the following conditions: A. The Site Plan and Variances approvals shall expire within two years from the effective date of approval as defined in Sections 17.38.070 and 17.46.080, unless otherwise extended pursuant to the requirements of these sections. Reso. 2016-25 10 Crest Rd. West • • B. If any condition of this resolution is violated, the entitlement granted by this resolution shall be suspended and the privileges granted hereunder shall lapse and upon receipt of written notice from the City, all construction work being performed on the subject property shall immediately cease, other than work determined by the City Manager or his/her designee required to cure the violation. The suspension and stop work order will be lifted once the Applicant cures the violation to the satisfaction of the City Manager or his/her designee. In the event that the Applicant disputes the City Manager or his/her designee's determination that a violation exists or disputes how the violation must be cured, the Applicant may request a hearing before the City Council. The hearing shall be scheduled at the next regular meeting of the City Council for which the agenda has not yet been posted, the Applicant shall be provided written notice of the hearing. The stop work order shall remain in effect during the pendency of the hearing. The City Council shall make a determination as to whether a violation of this Resolution has occurred. If the Council determines that a violation has not occurred or has been cured by the time of the hearing, the Council will lift the suspension and the stop work order. If the Council determines that a violation has occurred and has not yet been cured, the Council shall provide the Applicant with a deadline to cure the violation; no construction work shall be performed on the property until and unless the violation is cured by the deadline, other than work designated by the Council to accomplish the cure. If the violation is not cured by the deadline, the Council may either extend the deadline at the Applicant's request or schedule a hearing for the revocation of the entitlements granted by this Resolution pursuant to Chapter 17.58 of the Rolling Hills Municipal Code (RHMC). C. All requirements of the Building and Construction Ordinance, the Zoning Ordinance, LA County Building Code and of the zone in which the subject property is located must be complied with unless otherwise set forth in the Permit, or shown otherwise on an approved plan. D. The conditions of approval specified herein shall be printed on the construction plans submitted to the building department for plan check and permitting and shall be available at all time at the construction site. E. The lot shall be developed and maintained in substantial conformance with the site plan on file dated December 8, 2016, except as otherwise provided in these conditions. The working drawings submitted to the Department of Building and Safety for plan check review shall conform to the approved development plan. All conditions of the Site Plan Review and Variance approvals shall be incorporated into the building permit working drawings and where applicable complied with prior to issuance of a building permit. F. Prior to submittal of final working drawings to the Building and Safety Department for issuance of building permits, the plans for the project shall be Reso. 2016-25 5 10 Crest Rd. West CGJ • • submitted to City staff for verification that the final plans are in compliance with the plans approved by the Planning Commission. G. A licensed professional preparing construction plans for this project for Building Department review shall execute a Certificate affirming that the plans conform in all respects to this Resolution approving this project and all of the conditions set forth therein and the City's Building Code and Zoning Ordinance. Further, the person obtaining a building permit for this project shall execute a Certificate of Construction stating that the project will be constructed according to this Resolution and any plans approved therewith. H. Structural lot coverage of the lot shall not exceed 7,665 square feet or 18.73% of the net lot area with allowable deductions, in conformance with lot coverage limitations (20% maximum). The size of the structures shall be measured from the exterior surface of the outside walls. I. The total lot coverage proposed, including structures and flatwork, shall not exceed 13,441 square feet or 32.85%, of the net lot area, in conformance with lot coverage limitations (35% max). J. Grading for this project shall not exceed 10 cubic yards total (cut and fill) the amount needed minimally to site the proposed structures. The disturbance of the lot shall not exceed 66.1%. K. A drainage plan, if required by the Building Department shall be prepared and approved by City Staff prior to issuance of a construction permit. Such plan shall be subject to County Code requirements. L. The proposed pool equipment enclosure shall be shielded on the west side by landscaping but not be located in the RHCA easement, unless permitted by the RHCA. A landscaping plan for the pool equipment area shall be submitted to the City prior to construction. Any plants introduced for this project shall not grow into a hedge but be offset. The landscaping plan shall utilize to the maximum extent feasible, plants that are native to the area and are consistent with the rural character of the community. M. Perimeter easements and trails, if any, including roadway easements shall remain free and clear of any improvements including, but not be limited to, driveways, fences including construction fences, landscaping, irrigation and drainage devices, except as otherwise approved by the Rolling Hills Community Association. N. 50% of any construction materials must be recycled or diverted from landfills. The hauler of the materials shall obtain City's Construction and Demolition permit prior to start of work. Reso. 2016-25 6 10 Crest Rd. West • • O. During construction, the property owners shall be required to schedule and regulate construction and related traffic noise throughout the day between the hours of 7 AM and 6 PM, Monday through Saturday only, when construction and mechanical equipment noise is permitted, so as not to interfere with the quiet residential environment of the City of Rolling Hills. P. During construction, all parking shall take place on the project site and, if necessary, any overflow parking shall take place within nearby unimproved roadway easement adjacent to subject site. There shall be no blocking of adjacent driveways or of the roadway easement for passage of pedestrians and equestrians. During construction a flagmen shall be present to direct traffic when it is anticipated that a lane may be impeded. During construction, to the maximum extent feasible, employees of the contractor shall be encouraged to car-pool to and from the City. Q. The property owner shall at all times maintain the pool equipment within the proposed enclosure such that it does not create any undue noise disturbances or visual impacts to neighbors. Sound attenuating equipment shall be installed to dampen the sound. The pool equipment shall utilize the most quiet and technologically advanced equipment to dampen the sound. R. The property owners shall be required to conform with the Regional Water Quality Control Board and County Public Works Department Best Management Practices (BMP's) requirements related to solid waste, drainage and storm water drainage facilities management and the Low Impact Development Ordinance (LID), if applicable, of the City of Rolling Hills. S. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills Municipal Code, any modifications to the property or this project, which would constitute additional grading or any structural development shall require the filing of a new application for approval by the Planning Commission, except as permitted in Section 17.46.040C. T. The applicant shall execute an Affidavit of Acceptance of all conditions of this permit pursuant to Zoning Ordinance, or the approval shall not be effective. PASSED, APPROVED AND ADOPTED THIS 20th DAY OF DECEMBER 2016. BRAD CHELF, CHAIRMAN ATTEST: HEIDI LUCE, CITY CLERK Reso. 2016-25 7 10 Crest Rd. West Any action challenging the final decision of the City made as a result. of the public hearing on this application must be filed within the time limits set forth in Section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure Section 1094.6. STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS) I certify that the foregoing Resolution No. 2016-25 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF VARIANCES TO CONSTRUCT A CHICKEN COOP IN THE FRONT YARD AND TO INCREASE THE LOT DISTURBANCE AND A SITE PLAN REVIEW TO CONSTRUCT A POOL EQUIPMENT ENCLOSURE WITH MINOR GRADING ON A PROPERTY WITH A RESTRICTED DEVELOPMENT CONDITION, IN ZONING CASE NO. 913 AT 10 CREST ROAD WEST, LOT 2-CH, ROLLING HILLS, CA (FRYKMAN). was approved and adopted at a regular meeting of the Planning Commission on December 20, 2016 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices. CITY CLERK Reso. 2016-25 8 10 Crest Rd. West TO: FROM: le4 giet4 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No.: 4B-FT Mtg. Date: 11-15-16 HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING/ LOT SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: ZONING CASE NO. 913 10 CREST RD. E. (LOT 2-CH) RA-S-1 / 2.3 ACRES (GROSS) MR. AND MRS. KARL FRYKMAN BOLTON ENGINEERING NOVEMBER 3, 2016 REQUEST AND RECOMMENDATION, 1. Mr. and Mrs. Karl Frykman of 10 Crest Road East request Variances to construct a 72 square foot chicken coop and to exceed disturbance on the lot. The applicants also propose to relocate and slightly enlarge a pool equipment enclosure with a 5' wall, requiring a Site Plan Review. The chicken coop is proposed to be within the "front yard" of the lot and with the new structures the lot disturbance will increase by 625 square feet and by 1.53% beyond the amount granted in a prior Variance request. Also proposed are two short walls (not exceed 2' in height) in the area of the chicken coop to accomplish a flat area. It is recommended that the Planning Commission review the staff report, view the project in the field, open the public hearing, accept public testimony and continue the meeting to the evening meeting. BACKGROUND 2. Resolution No. 2014-21 contains a "restricted development condition" that requires that any future structural addition, except small minor amenities, be subject to Planning Commission review. Although minor in nature, the proposed development does not qualify to be exempt from the restricted development condition, per RHMC ZC NO.913 10 Crest Rd. W. • • 17.46.040.C.1 on the basis that it triggers a variance and the pool equipment wall is over 3 feet in height. The previously approved pool equipment structure is proposed to be enlarged by 10 square feet (100 square feet total) and moved slightly, from adjacent to the home to the west property line. The enclosure walls will be set into a slope and will be 5' high at the highest point. 3. In 2014 (Zoning Case 860) the Planning Commission adopted Resolution No. 2014- 21, approving a Site Plan Review, Conditional Use Permit and Variances to allow construction of a stable within the front yard, corral in the front setback, swimming pool and wall in the rear setback, and related grading at the subject property. One of the approved Variances permitted the applicant to increase the amount of disturbed area beyond the maximum 40% allowed to 64.6% due to project related grading. 4. The property owners submitted the subject application for two new Variances and SPR related to construction of a 72 square foot chicken coop and relocation of the pool equipment area. It is proposed that the coop be built within the "front yard" of the property, between the front roadway easement and front building wall of the residence, which triggers the first Variance. As a result of the coop and pool equipment construction, the disturbed area will be increased by 1.53%, to 66.1%, which triggers the second Variance. No other revisions to the effective approval for this project (Resolution 2014-21) are proposed. 5. The proposed project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA) as a "Class 3" exemption, qualifying as a small structure that is accessory to the existing residence. MUNICIPAL CODE COMPLIANCE, 6. The property is zoned RAS-1. The gross lot area is 2.3 acres or 100,188 sq.ft. The net lot area for development purposes is 40,914 square feet, (.93 acres). The topography slopes gently up from Crest Rd. The existing home is at the rear of the lot, partially within the rear setback. 7. As a result of the entitlements granted by Reso. 2014-21, the site is currently approved for: 4,385 square foot residence, 750 square foot attached garage, 1,104 square foot pool (within the rear setback), 90 square foot pool equipment 735 square foot stable (within front yard), 234 square feet of porches, 227 square feet detached trellis, 195 square feet of attached trellis, 32 square feet of barbeque, a 192 square foot deck and a 90 square foot service yard. In addition, the 2014 approvals permitted a 2,700 square foot corral, within the front yard. 8. The structural coverage for the project including the proposed coop and pool equipment structure will be 18.7%, (20% max. permitted) with allowed deductions and 32.85% for combined structural/flatwork (35% max. permitted), excluding deductions. • • The disturbed area shall increase by 1.53% over the 2014 approved Variance, 27,046 square feet, or 66.1% (40% max. permitted). 9. The residential building pad for the property contains 11,050 square feet. With the proposed pool equipment structure, the total residential pad coverage will be 58.1%. With the proposed coop, the stable pad (1,371 square feet) will have 70.57% coverage. The proposed pool equipment enclosure is in compliance with all criteria required of a "minor amenity" pursuant to the zoning code and therefore, subject to Commission concurrence, is exempt from the restricted development condition applicable to this site. 10. When reviewing this application, the Planning Commission should consider whether the application meets the criteria for granting variances and site plan review. The applicant's representative has stated that approval of the requested variances is justified due to the location of the home towards the rear of the lot, which results in an unusually deep "front yard". 11. Very minor new grading is proposed-10 cubic yards. The coop will be located on a relatively flat area near the future stable, requiring minor new disturbance and the pool equipment structure, to be located near the residence adjacent to the side setback will also require minor additional grading 12. The Rolling Hills Community Association Architectural Committee will review the project at a later date. 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. • • SITE PLAN REVIEW CRITERIA 17.46.010 Purpose. The site plan review process is established to provide discretionary review of certain development projects in the City for the purposes of ensuring that the proposed project is consistent with the City's General Plan; incorporates environmentally and aesthetically sensitive grading practices; preserves existing mature vegetation; is compatible and consistent with the scale, massing and development pattern in the immediate project vicinity; and otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills. 17.46.050 Required findings. A. The Commission shall be required to make findings in acting to approve, conditionally approve, or deny a site plan review application. B. No project which requires site plan review approval shall be approved by the Commission, or by the City Council on appeal, unless the following findings can be made: 1. The project complies with and is consistent with the goals and policies of the general plan and all requirements of the zoning ordinance; 2. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. Lot coverage requirements are regarded as maximums, and the actual amount of lot coverage permitted depends upon the existing buildable area of the lot; 3. The project is harmonious in scale and mass with the site, the natural terrain and surrounding residences; 4. The project preserves and integrates into the site design, to the greatest extent possible, existing topographic features of the site, including surrounding native vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls); 5. Grading has been designed to follow natural contours of the site and to minimize the amount of grading required to create the building area; 6. Grading will not modify existing drainage channels nor redirect drainage flow, unless such flow is redirected into an existing drainage course; 7. The project preserves surrounding native vegetation and mature trees and supplements these elements with drought -tolerant landscaping which is compatible with and enhances the rural character of the community, and landscaping provides a buffer or transition area between private and public areas; 8. The project is sensitive and not detrimental to the convenient and safe movement of pedestrians and vehicles; and 9. The project conforms to the requirements of the California Environmental Quality Act. SOURCE: City of Rolling Hills Zoning Ordinance ZONING CASE NO. 913 • 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 COVERAGE (20% maximum) TOTAL LOT COVERAGE (35% maximum) LOT 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 sq. ft.) CORRAL (minimum 550 sq. ft.) STABLE ACCESS ACCESSWAY VIEWS PLANTS AND ANIMALS PREVIOUSLY APPROVED RESIDENCE , STABLE SWIMMING POOL, CORRAL 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 attch. 227 sq.ft. Trellis det. 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 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. N/A N/A PROPOSED CHICKEN COOP & POOL EQUIPMENT Residence 4385 sq.ft Garage 750 sq.ft Stable 735 sq.ft. Service 90 sq.ft Pool/spa 1104 sq.ft. Pool eqpm. 100 sq.ft. Porches 234 sq.ft Trellis det. 227 sq.ft. Trellis attch. 195 sq.ft Bbq 32 sq.ft. Chicken 72 sq.ft. coop TOTAL 7,924 sq.ft. 7,665 sq. ft. or 18.73% of 40,914 sq.ft. net lot area (excl. allowed deductions) 13,441 sq. ft. or 32.85% of 40,914 sq.ft. net lot area (excl. deduct.) 11,050 sq.ft. pad, 58.2% including pool 1,371 sq.ft.pad, 70.5% (w/ deductions) 10 cubic yards 27,046 sq.ft. or 66.1 % 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. N/A N/A