913, Construct a chicken coop in fr, Correspondence•
Cit, ol Rolling Jdfl,
January 17, 2017
Mr. and Mrs. Karl Frykman
10 Crest Rd. W.
Rolling Hills, CA 90274
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377-7288
ZONING CASE NO. 913. - Request for a Site Plan Review and Variance at 10
Crest Rd.
Dear Mr. and Mrs. Frykman:
This letter shall serve to notify you that the City Council at their regular meeting on
January 9, 2017 upheld the Planning Commission's decision granting your request in
Zoning Case No. 913.
Before this case takes effect you are required to record an Affidavit of Acceptance
Form together with the subject Resolution in the Office of the County Recorder.
Please make a copy of the Resolution for your files.
The conditions of approval must be printed onto the Cover Sheet of the final plans.
I am enclosing a copy of RESOLUTION NO. 2016-25, specifying the conditions of
approval set forth by the Planning Commission and the approved Development Plan
to keep for your files. Please complete the enclosed AFFIDAVIT OF ACCEPTANCE
FORM, have the signature(s) notarized, and forward, (or hand deliver), the
completed form and the Resolution to:
OR
Please confirm the
documents.
Los Angeles County Registrar -Recorder
Real Estate Records Section
12400 East Imperial Highway
Norwalk, CA 90650
LAX Courthouse
11701 S. La Cienega Blvd. 6th Floor
Los Angeles, CA 90045
310-727-6142
cost . with the County Clerks Office for
recordation of the
Printed on Recycled Paper
Keep a copy of the plans with the conditions printed on the plans on site and assure
that your engineer, architect and contractor adhere to the conditions in the
Resolution during the construction process.
Do not hesitate to call me at (310) 377-1521 if you have any questions.
erely,
olanta Schwartz
Planning Director
cc: Tavisha Nicholson, Bolton Engineering (cover letter only)
Enclosures: AFFIDAVIT OF ACCEPTANCE FORM (to be recorded)
RESOLUTION NO. 2016-25 (to be recorded)
DEVELOPMENT PLAN
RECORDING REQUESTED BY AND
MAIL TO:
CITY OF ROLLING HILLS
PLANNING DEPARTMENT
2 PORTUGUESE BEND RD.
ROLLING HILLS, CA 90274
(310) 377-1521
(310) 377-7288 FAX
T RECORDER'S USE ONLY
THE REGISTRAR -RECORDER'S OFFICE REQUIRES THAT THE FORM BE NOTARIZED BEFORE
RECORDATION.
AFFIDAVIT OF ACCEPTANCE FORM
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
ZONING CASE NO. 913
XX VARIANCE XX SITE PLAN REVIEW (SEE EXHIBIT A ATTACHED)
I (We) the undersigned state
I am (We are) the owner(s) of the real property described as follows:
10 CREST ROAD EAST, ROLLING HILLS, CA 90274 (LOT 2-CH)
This property is the subject of the above numbered case and conditions of approval
I am (We are) aware of, and accept, all the stated conditions in said ZONING CASE NO. 913
XX VARIANCE XX SITE PLAN REVIEW
I (We) certify (or declare) under the penalty of perjury that the foregoing is true and correct.
Signature Signature
Name typed or printed Name typed or printed
Address Address
City/State City/State
SEE EXHIBIT "A"
Signatures must be acknowledged by a notary public.
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
STATE OF
COUNTY OF
}
}
On , before me,
Public, personally appeared
, a Notary
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
Name of Notary:
Date Commission Expires
Commission No.
• •
Eq((bir-A--
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 2
10 Crest Rd. West
is oriented away from all but one of the adjoining properties. The visibility to the
property adjoining on the west will be lessened by the maintenance of vegetation to be
planted between the side easement line and enclosure wall. Grading involving 10 cubic
yards for the pool equipment structure is the maximum needed to construct the
structure and the structure will be recessed as much as possible into the existing slope
to allow for more effective screening.
E. The development plan follows to the maximum extent practicable, the
contours of the site to minimize grading and retain the natural drainage courses. The
area being graded to accommodate the pool equipment enclosure will be landscaped
and is minimal in size.
F. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because there are no
changes to the existing driveway nor will there be any encroachments on private
easements or trails.
Section 6. Variances. Sections 17.38.010 through 17.38.050 of the Code permit
approval of a variance in order to grant relief from the standards and requirements of
the Zoning Ordinance when, due to exceptional or extraordinary circumstances
applicable to the subject property and not to other similar properties in the same zone,
strict application of the Code would deny the property owner substantial property
rights enjoyed by other properties in the same vicinity and zone. With respect to the
variances requested to exceed the amount of lot disturbance (66.1% requested; 40%
permitted) and to construct a chicken coop within the "front yard", the Planning
Commission finds as follows:
A. There are exceptional and extraordinary circumstances and conditions
applicable to the subject property that do not apply generally to other property or class
of use in the same zone in that, principally, the fact that the existing residence was
constructed largely towards the rear of the lot, leaving the majority of the lot to be
considered front yard. Being that a portion of the house is located in the rear setback,
there is no location in the rear yard for the coop to be placed that is 35-feet away from a
structure (as required of public health regulations) and outside of setbacks. This
constraint is also a factor in that additional disturbance is needed to locate both
structures in the areas available for development. In addition, being that the applicant
has gained prior approval for the barn and corral in the front yard (Reso. 2014-21), it is
also logical that the coop, which is actually farther from Crest Road than the previously
approved barn, could be located in the vicinity to the, barn. Other than the coop location
and lot disturbance exceedance, the project meets all codes.
B. The requested Variances for front yard location and disturbance are
necessary for the preservation and enjoyment of a substantial property right possessed
by other property in the same vicinity and zone, but which is denied to the property in
question in that swimming pools and associated equipment and chicken coops are
Reso. 2016-25 3
10 Crest Rd. West
amenities common to, and characteristic of the large estate sized properties that permit
animal keeping and private recreational uses complimentary to the single family RA-S-1
Residential zone.
C. The chicken coop and the pool equipment structures will not be injurious
to neighbors. The coop will be located between the stable and the residence and away
from Crest Road, will not encroach into any setbacks and will have a conforming
distance (minimum 35-feet) away from any residence. The pool equipment enclosure
will be located on the west side of the existing residence, but not within the side yard
setback. It will be recessed into the ground with the surrounding walls no higher than
4-feet, with access on the west side via two (2) five-foot wide gates attached to walls on
either side that are also 5-feet in width, with a one -foot minimum planter in front of its
west wall. The enclosure's location and design, particularly its low -scale height, and
buffering landscaping are expected to mitigate any potential visual or other impacts to
neighbors.
D. The chicken coop and pool enclosure are compatible with the general plan
and zoning ordinance in that, other than being in the front yard (coop) and causing a
minor increase in disturbance, will comply with all standards as an accessory
agricultural use, including location, size, height, distance from residential structures
(min. 35 feet) and use, and both will be compatible with the city's land use goals for the
RA-S-1 zone.
E. The proposed accessory uses are consistent with the portions of the Los.
Angeles County Hazardous Waste Management Plan relating to siting criteria for
hazardous waste facilities in that the project site is not listed on the current State of
California Hazardous Waste and Substances Sites List.
F. The variances do not grant special privileges to the applicant. To the
contrary, absent a variance, the property owner would be deprived of the same rights
and privileges afforded to other property owners in the vicinity, especially due to the
unusual location of the existing residence close to the property's rear, as opposed to
front property line. This unique physical constraint makes it infeasible for the property
owner to comply with Sections 17.16.070.B (disturbance limit) and 17.16.200 (conditions
for accessory uses).
Section 7. Based upon the foregoing findings, the Planning Commission
hereby approves Zoning Case No. 913, request for a Site Plan Review and Variances for
a 72 square foot chicken coop in the front yard, minor grading and a 100 square foot
pool enclosure, with not to exceed 4' retaining walls, subject to the following conditions:
A. The Site Plan and Variances approvals shall expire within two years from
the effective date of approval as defined in Sections 17.38.070 and 17.46.080, unless
otherwise extended pursuant to the requirements of these sections.
Reso. 2016-25 4
10 Crest Rd. West
B. If any condition of this resolution is violated, the entitlement granted by
this resolution shall be suspended and the privileges granted hereunder shall lapse and
upon receipt of written notice from the City, all construction work being performed on
the subject property shall immediately cease, other than work determined by the City
Manager or his/her designee required to cure the violation. The suspension and stop
work order will be lifted once the Applicant cures the violation to the satisfaction of the
City Manager or his/her designee. In the event that the Applicant disputes the City
Manager or his/her designee's determination that a violation exists or disputes how the
violation must be cured, the Applicant may request a hearing before the City
Council. The hearing shall be scheduled at the next regular meeting of the City Council
for which the agenda has not yet been posted, the Applicant shall be provided written
notice of the hearing. The stop work order shall remain in effect during the pendency
of the hearing. The City Council shall make a determination as to whether a violation
of this Resolution has occurred. If the Council determines that a violation has not
occurred or has been cured by the time of the hearing, the Council will lift the
suspension and the stop work order. If the Council determines that a violation has
occurred and has not yet been cured, the Council shall provide the Applicant with a
deadline to cure the violation; no construction work shall be performed on the property
until and unless the violation is cured by the deadline, other than work designated by
the Council to accomplish the cure. If the violation is not cured by the deadline, the
Council may either extend the deadline at the Applicant's request or schedule a hearing
for the revocation of the entitlements granted by this Resolution pursuant to Chapter
17.58 of the Rolling Hills Municipal Code (RHMC).
C. All requirements of the Building and Construction Ordinance, the Zoning
Ordinance, LA County Building Code and of the zone in which the subject property is
located must be complied with unless otherwise set forth in the Permit, or shown
otherwise on an approved plan.
D. The conditions of approval specified herein shall be printed on the
construction plans submitted to the building department for plan check and permitting
and shall be available at all time at the construction site.
E. The lot shall be developed and maintained in substantial conformance
with the site plan on file dated December 8, 2016, except as otherwise provided in these
conditions. The working drawings submitted to the Department of Building and Safety
for plan check review shall conform to the approved development plan. All conditions
of the Site Plan Review and Variance approvals shall be incorporated into the building
permit working drawings and where applicable complied with prior to issuance of a
building permit.
F. Prior to submittal of final working drawings to the Building and Safety
Department for issuance of building permits, the plans for the project shall be
Reso. 2016-25 5
10 Crest Rd. West
submitted to City staff for verification that the final plans are in compliance with the
plans approved by the Planning Commission.
G. A licensed professional preparing construction plans for this project for
Building Department review shall execute a Certificate affirming that the plans conform
in all respects to this Resolution approving this project and all of the conditions set forth
therein and the City's Building Code and Zoning Ordinance. Further, the person
obtaining a building permit for this project shall execute a Certificate of Construction
stating that the project will be constructed according to this Resolution and any plans
approved therewith.
H. Structural lot coverage of the lot shall not exceed 7,665 square feet or
18.73% of the net lot area with allowable deductions, in conformance with lot coverage
limitations (20% maximum). The size of the structures shall be measured from the
exterior surface of the outside walls.
I. The total lot coverage proposed, including structures and flatwork, shall
not exceed 13,441 square feet or 32.85%, of the net lot area, in conformance with lot
coverage limitations (35% max).
J. Grading for this project shall not exceed 10 cubic yards total (cut and fill)
the amount needed minimally to site the proposed structures. The disturbance of the lot
shall not exceed 66.1%.
K. A drainage plan, if required by the Building Department shall be prepared
and approved by City Staff prior to issuance of a construction permit. Such plan shall be
subject to County Code requirements.
L. The proposed pool equipment enclosure shall be shielded on the west side
by landscaping but not be located in the RHCA easement, unless permitted by the
RHCA. A landscaping plan for the pool equipment area shall be submitted to the City
prior to construction. Any plants introduced for this project shall not grow into a hedge
but be offset. The landscaping plan shall utilize to the maximum extent feasible, plants
that are native to the area and are consistent with the rural character of the community.
M. Perimeter easements and trails, if any, including roadway easements shall
remain free and clear of any improvements including, but not be limited to, driveways,
fences including construction fences, landscaping, irrigation and drainage devices,
except as otherwise approved by the Rolling Hills Community Association.
N. 50% of any construction materials must be recycled or diverted from
landfills. The hauler of the materials shall obtain City's Construction and Demolition
permit prior to start of work.
Reso. 2016-25 6
10 Crest Rd. West
O. During construction, the property owners shall be required to schedule
and regulate construction and related traffic noise throughout the day between the
hours of 7 AM and 6 PM, Monday through Saturday only, when construction and
mechanical equipment noise is permitted, so as not to interfere with the quiet
residential environment of the City of Rolling Hills.
P. During construction, all parking shall take place on the project site and, if
necessary, any overflow parking shall take place within nearby unimproved roadway
easement adjacent to subject site. There shall be no blocking of adjacent driveways or of
the roadway easement for passage of pedestrians' and equestrians. During construction
a flagmen shall be present to direct traffic when it is anticipated that a lane may be
impeded. During construction, to the maximum extent feasible, employees of the
contractor shall be encouraged to car-pool to and from the City.
Q. The property owner shall at all times maintain the pool equipment within
the proposed enclosure such that it does not create any undue noise disturbances or
visual impacts to neighbors. Sound attenuating equipment shall be installed to dampen
thesound. 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:
4e,141, ita)
HEIDI LUCE, CITY CLERK
rCHELF, - • RM
Reso. 2016-25
10 Crest Rd. West
7
Any action challenging the final decision of the City made as a result of
the public hearing on this application must be filed within the time limits set
forth in Section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil
Procedure Section 1094.6.
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS)
I certify that the foregoing Resolution No. 2016-25 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF VARIANCES TO CONSTRUCT
A CHICKEN COOP IN THE FRONT YARD AND TO INCREASE THE LOT
DISTURBANCE AND . A SITE PLAN REVIEW TO CONSTRUCT A POOL
EQUIPMENT ENCLOSURE WITH MINOR GRADING ON A PROPERTY WITH
A RESTRICTED DEVELOPMENT CONDITION, IN ZONING CASE NO. 913 AT
10 CREST ROAD WEST, LOT 2-CH, ROLLING HILLS, CA (FRYKMAN).
was approved and adopted at a regular meeting of the Planning Commission on
December 20, 2016 by the following roll call vote:
AYES: Commissioners Kirkpatrick, Seaburn and Chairman Chelf.
NOES: None.
ABSENT: Commissioners Cardenas and Gray.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
Luz
HEIDI LUCE, CITY CLERK
Reso. 2016-25 8
10 Crest Rd. West
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Job No. 13042
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J:\13042_FRYKMAN\DWG\C-Site Plan_City_REVISEDChicken coop_D.dwg 12/14/2016 12:37:17 PI
•
•
Cry olf2llng JJ,�IG
December 21, 2016
Mr. and Mrs. Karl Frykman
10 Crest Rd. W.
Rolling Hills, CA 90274
•
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377.1521
FAX: (310) 377-7288
ZONING CASE NO. 913. - Request for a Site Plan Review and Variance at 10 Crest Rd.
Dear Mr. and Mrs. Frykman:
This letter shall serve to notify you that the Planning Commission reviewed your revised
submittal and adopted a resolution on December 20, 2016 granting your request for a Site Plan
Review in Zoning Case No. 913. The Resolution was included in the your report. That action,
accompanied by the record of the proceedings before the Commission will be reported to the
City Council on MONDAY, -January 9, 2017 at their regular meeting beginning at 7:00 PM.
You or your representative should be present to answer any questions the Council may
have.
The Planning Commission's decision in this matter shall become effective thirty days after the
adoption of the resolution by the Commission, unless an appeal has been filed within that
thirty (30) day appeal period or the City Council takes jurisdiction of the case. (Section
17.54.010(B) of the Rolling Hills Municipal Code). Anyone, including the applicant, may
appeal the Planning Commission's decision or part thereof to the City Council. Should there
be an appeal, the Commission's decision will be stayed until the Council completes its
proceedings in accordance with the provisions of the Municipal Code.
If no appeals are filed and if the City Council does not take jurisdiction of this case, the
Planning Commission's action will become final and you will be required to record an
Affidavit of Acceptance Form together with the subject Resolution in the Office of the County
Recorder before the Commission's action takes effect.
The staff report to the City Council will be mailed to you before the meeting. After the City
Council's action, I will forward to you instructions for recordation of the Affidavit Of
Acceptance Form and the Resolution.
Please feel free to call me at (310) 377-1521 if you have any questions.
S' c° y
Yol% a Schw
Pla ning Director
cc: Tavisha Nicholson, Bolton Engineering
Printed on Recycled Paper