893, Construct a new cabana (475 sq, Staff Reports4
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e4 Ralleggf ge,e6
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
Agenda Item No.: 5-B
Mtg. Date: 04/11/16
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR
U
THRU: RAYMOND R. CRUZ, CITY MANAGER
SUBJECT: RESOLUTION NO. 2016-06. A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A
CONDITIONAL USE PERMIT, SITE PLAN REVIEW AND VARIANCES FOR A
NEW CABANA, GRADING, ABOVE GRADE DECK, RETAINING WALLS, POOL
AND RELATED STRUCTURES AND FOR ENCROACHMENT WITH A PORTION
OF THE RAISED DECK, WALLS, POOL EQUIPMENT AREA AND FIRE PLACE
INTO THE REAR YARD SETBACK; TO RETAIN TWO EXISTING SHEDS,
PORTION OF TRELLIS AND BARBEQUE IN THE REAR YARD SETBACK; TO
EXCEED THE MAXIMUM PERMITTED DISTURBANCE AND TOTAL
COVERAGE OF THE LOT AND TO SET ASIDE AN AREA FOR A FUTURE
STABLE AND CORRAL IN THE FRONT YARD AREA OF THE LOT IN ZONING
CASE NO. 893 AT 66 EASTFIELD DRIVE, (LOT 107-EF), (THOMAS).
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 property owners Mr. and Mrs. Thomas submitted a request for a Conditional
Use Permit to construct a 475 square foot cabana; Site Plan Review for 1,450 square foot
pool deck, higher that 3' retaining walls and grading consisting of 565 cubic yards of
dirt, plus additional 180 cubic yards if a stable is constructed in the future; Variances to
encroach with a portion (310 sq.ft.) of the raised deck, retaining walls, pool equipment
area and fire place into the rear yard setback; to retain two previously constructed
sheds, a portion of a previously constructed trellis and barbeque in the rear yard
setback; to exceed the maximum permitted disturbance and the maximum permitted
total coverage of the lot and to set aside an area for a future stable and corral in the front
yard area of the lot.
Also proposed is a 632 square foot swimming pool with 100 square foot spa. Although
the pool and spa would not require a discretionary permit and could be approved
administratively, the grading for the location requires a SPR.
3. The Planning Commission by a vote 3-0 (Commissioners Kirkpatrick and Smith
absent and excused) approved the project. (At the previous meeting all Commissioners
voted to direct staff to bring a Resolution of approval). During the Planning
Commission review process, the applicant revised the project per the Commission's
recommendation to lower the ridge height of the cabana (lowered by one foot from
13'10.5" to 12'10") and made other modifications.
The Planning Commission found that the size and configuration of the lot as well as the
location of the existing house dictate the location of any further improvements on the
property. Due to the long driveway necessary for the house located in the rear, the
disturbed area and the total lot coverage (structures and hardscape) is large. The
Commission found that the miscellaneous, small structures and patio are not
detrimental to the overall development of the lot or homes in the vicinity, and although
they were concerned with the "as built" sheds in the rear setback, a neighbor submitted
a letter not objecting to their location and the RHCA approved the sheds until such time
as the property sells.
The cabana and pool are proposed to be located in an area of the lot that would not
cause extensive grading and are proposed in an area that was partially disturbed
previously.
A "No further development, without Planning Commission's review" and that the
sheds are approved until the property sells conditions were put on the property and are
included in the resolution.
BACKGROUND
4. The subject property, zoned RA-S-1, contains 1.3 acres gross and 44,563 square
feet (1.02 acres) of net lot area. The Building Permits indicate that the subject property
was originally developed in 1952 with additions approved and constructed in 1985 and
in 1999. Extensive interior remodel was done in 1999 as well as in 2011.
5. None of the previous approvals show an approved set aside area for a stable and
corral. (Set aside is not required for a remodel.) Pursuant to Section 17.18.020 every lot
in the City is required to have a developed stable and corral or set aside area for a
future stable and corral and such requirement is triggered when a proposal is submitted
for a new residence, addition, accessory structures requiring a CUP, or a pool.
The applicants propose a set aside area for a future stable and corral in the front yard
area of the lot, which requires a Variance. The house is situated in such a way that there
is no room for a stable and corral in the rear or side of the house, that would meet the
setback and distance requirements.
ZC NO. 893 (-2-
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6. The property is developed with a 5,850 square foot residence with 680 square
foot garage, 86 square foot entryway, water feature, 766 square foot detached trellis,
barbeque, two-100 square foot each sheds and a service yard. The trellis, BBQ and
sheds are non -permitted and 251 square foot of the trellis, the BBQ and sheds are
located in the rear yard setback. The applicants wish to keep those structures on the
property.
Most of the garage and approximately 1,060 square feet of the residence is located in the
rear yard setback.
MUNICIPAL CODE REQUIREMENTS
7. A Conditional Use Permit is required for the proposed 475 square foot cabana,
which will be enclosed on three sides and have one side open facing the pool. At the
north end of the cabana, due to the lot configuration, an out of grade condition is
proposed where the cabana would be 4'out of grade, but not exceeding the average of
2.5' out of grade, which is permitted. The height of the cabana is proposed to be 12'-10"
and is buffered with a 4' maximum retaining wall.
8. Section 17.16.210 A(2) of the Zoning Ordinance allows cabanas greater than 200
square feet with a CUP as follows:
2. Cabana, pool house or recreation room providing that the following conditions
are met:
a. Shall not exceed eight hundred square feet.
b. Shall not be located in the front yard or any setback.
c. A kitchenette and sanitary facility consisting of a shower, sink and toilet may be
permitted.
d. No sleeping quarters or renting of the structure shall be permitted.
9. The proposed swimming pool will be located on the side of the house and have
an infinity edge with 66 square foot water overflow catchment basin, with a not to
exceed 3.5' high wall behind it. The pool equipment area and a gas fireplace are
proposed to be located in the rear setback, which require a Variance.
10. A new 1,450 square foot pool deck is proposed, of which 650 square feet would
be between 6" and 4 feet above grade, and of that 310 square feet would be located in
the rear setback, which requires a Variance. The area underneath the raised deck will be
filled and straddled by up to 4' high retaining wall, which will extend along the deck
and the pool pad, and connect to the cabana. The retaining wall will range in height
from a curb to 4', which on the average will be 2.5'.
11. A 766 square foot detached trellis was constructed without permits by other than
the current owners, of which 251 square feet is located in the rear setback. Also in the
rear setback are located two, 100-square feet each sheds, 21 square foot BBQ and a
ZC NO. 893
service yard, which were also not permitted. The applicants would like to retain these
structures on the lot and have therefore applied for a Variance. The applicant is
required to obtain building permits for the BBQ and the walls for the service yard.
12. A Variance is requested to allow a 1,000 square foot set aside area for a stable and
corral in the front yard area of the lot. As stated earlier, the location and configuration
of the existing residence is such that there is no room to set aside an area for a stable
and corral in the rear or side of the residence and meet the setbacks and distance
requirements.
13. Grading for this project will consist of 320 cubic yards of cut, including 220 cubic
yards from excavation of the pool; and 245 cubic yards of fill, for a total of 565 cubic
yards of dirt, of which 75 will be exported from the pool excavation and 100 cubic yards
will be for overexcavation and recompaction. 180 cubic yards of dirt will be required for
the future stable and corral area, when constructed. The grading will result in 2:1 slopes
behind the pool and cabana, with a small area north of the cabana being 3:1 slopes.
Currently the disturbed area of the lot is 54.5%, which is legal non -conforming; (max.
permitted is 40%); and with the proposed grading for the cabana, pool and future stable
and corral, the disturbance is proposed to be 68.3% of the net lot area, which requires a
Variance. Should the stable and corral be developed, the slope would result in 3:1
gradient. However, the project does not currently qualify for reduction in disturbance,
as it exceeds the threshold for reduction.
14. With the proposed structures and future stable, the structural coverage on the
net lot would be 9,506 square feet or 21.3%; which exceeds the maximum permitted
20%. However, pursuant to Section 17.16.070 of the Zoning Ordinance, deductions of up
to 800 sq.ft. for detached miscellaneous structures (not in setbacks) are allowed.
Therefore, with the deductions of portion of the trellis and water feature, the structural
net lot coverage would be 8,893 square feet or 19.96%.
15. The total lot coverage (structures and hardscape) would be 19,263 square feet or
43.2% of the net lot area, which requires a Variance. Currently the total lot coverage is
36.02%, which exceeds the maximum permitted of 35%.
16. The residential building pad will be 21,660 square feet, and the coverage on the
pad would be 8,433 square feet or 39%; whereas currently the coverage is 37.5%, which
exceeds the 30% coverage guideline. A second building pad will be created at the time a
stable and corral are constructed.
17. Responding to the criteria to be satisfied for granting the CUP and Site Plan
Review, the applicants' representative state in part that the proposed cabana will be
compatible with the uses on other properties, it meets all of the City's development
standards and will be built per building codes and will not have an impact on traffic or
pedestrian circulation. The revised cabana will appear less massive and will be lowered.
ZC NO. 893
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The Site Plan Review is required for the structures, walls and grading. The applicants'
representative states that the house is in the rear setback and with the long driveway
there isn't other area on the lot to place the proposed improvements. The pool and most
of the deck are not in setbacks, and therefore meet all of the City's requirements. The
disturbance and total coverage on the lot already exceed the maximum permitted,
therefore any improvements would trigger a variance. The previous owners
constructed the trellis and other small structures, and the current owner demolished
one of the trellises already. The cabana and pool are proposed to be located in an area of
the lot that would not cause extensive grading and are proposed in an area that was
partially disturbed previously.
Responding to the criteria to be satisfied for granting of the Variances, the applicant's
representative state in part that the current conditions on the property prevent any
other improvements without having to apply for a Variance for setback encroachment
or for front yard encroachment. Any development in the front yard would be visible
from Eastfield Drive, which the applicants are trying to avoid. The deck and wall in the
rear setback would follow the line of the existing house in the rear setback and not be
more intrusive, as the deck will remain as open space. She states that by locating the
pool equipment in the rear setback, it makes it most distant to any neighbors. Previous
owners constructed the trellis, sheds and BBQ and the current owner would like to keep
those structures and legalize them and obtain building permits. They are located in the
most logical place on the property for distance from neighbors and functionality.
As for the request for Variance for disturbance and total lot coverage, she states that the
lot in its existing condition exceeds these development standards and that any
improvement, including a stable, which is required by the City to be included in the
calculations, whether proposed to be constructed or not, would trigger exceedance of
disturbance and total lot coverage. The slopes for the future stable, if constructed,
would result in a 3:1 grade and blend into the existing terrain; and there will be a small
area of the resulting slope from grading for the cabana that would also be at 3:1 grade.
Therefore, to the maximum extent practicable the grading would not result in steep
slopes.
As for the stable and corral set aside located in the front yard, she states that due to the
location and configuration of the existing residence, there is no other area on the lot to
locate the set aside.
18. RHCA review and approval of the project will be required.
19. The project is exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15303, Class 3 exemption Guidelines.
20. In reviewing a CUP the Planning Commission and City Council must find that
the use is consistent with the General Plan and development standards of the City,
including provision for open space and maintaining rural environment and that the use
will not adversely affect adjacent properties. When reviewing a development application
for a Site Plan Review the Planning CC mmission and City Council should consider
ZC NO.893f 5-1
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a
whether the proposed project is consistent with the City's General Plan; and for
Variances if there are extraordinary circumstances and hardships that warrant the
granting of the variances. The criteria for making findings are listed below.
ZONING CASE NO. 893
SITE PLAN REVIEW &
VARIANCE
RA-S- 1 SETBACKS
Front: 50 ft. from rd. easmnt. line
Side: 20 ft. from side property line
Rear: 50 ft. from rear property line
SPR -new structures, grading,
deck and walls;
Variance - encroachment into
setbacks, to exceed max.
permitted disturbance & total lot
coverage; and set aside for future
stable & corral in the front yard;
CUP- cabana
GRADING
Site Plan Review required. Must
be balanced on -site, except for
excavated material
STRUCTURAL LOT
COVERAGE
(20% maximum)
TOTAL LOT COVERAGE
(35 %. maximum)
BUILDING PAD COVERAGE
(30% maximum -guideline)
Residential
Stable -future
DISTURBED AREA
(40% maximum; any graded
building pad area, any remedial
grading (temporary disturbance),
any graded slopes and building
pad areas, and any non -graded
ZC NO. 893
EXISTING
SINGLE FAMILY
GARAGE & misc
improvements
Residence
Garages
Cabana
Pool/spa
Pool equip.
Stable
Entry -
Service yard
Trellis
BBQ
Sheds
Water ftr.
Fireplace
TOTAL
N/A
RESIDENCE,
1.
5850 sq.ft.
680 sq.ft.
0 sq.ft
0 sq.ft.
0 sq.ft.
0 sq.ft.
86 sq.ft.
90 sq.ft.
766 sq.ft.
21 sq.ft.
200 sq.ft.
32 sq.ft.
0 sq.ft.
7,725 sq.ft.
16.11%; with deductions
36.02% w/allowances
19,160 sq.ft. pad w/37.5%
coverage
54.5% previously disturbed
0
PROPOSED
CABANA, POOL, DECK,
GRADING, RETAINING
WALLS, & miscl.
improvements
Residence 5850 sq.ft.
Garages 680 sq.ft.
Cabana 475 sq.ft.
Pool/spa 732 sq.ft.
Pool equip. 48 sq.ft.
Stable -future 450 sq.ft.
Entry 86 sq.ft.
Service yard 90 sq.ft
Trellis 766 sq.ft
BBQ 21 sq.ft.
Sheds 200 sq.ft.
Water ftr. 98 sq.ft.
Fireplace 10 sq.ft.
TOTAL 9,506 sq. ft.
Total of 565 cy of cut and
fill, incl.140 cy excavation
for pool, 75 cy to be
exported. 180 cy total for
future stable. 100 cy over
excavation and compaction
19.96% or 8,893 of 44,563
s.f. net lot area;
w/allowances
43.2% or 19,263 sq.ft. of
44,563 sq.ft. net lot area;
with allowances
21,480 sq.ft. pad w/ 8,433
sq.ft. or 39% coverage
450.sq.ft pad w/100%
coverage
68.3% proposed -
Variance requested
area where impervious surfaces
exist.)
STABLE (min. 450 SO.FT. N/A
& 550 SO.FT. CORRAL)
STABLE ACCESS N/A
ROADWAY ACCESS Existing driveway
VIEWS N/A
PLANTS AND ANIMALS N/A
Future 450 sq.ft. and corral
in front yard
Future
Existing driveway
Planning Commission
review
Planning Commission
review
VARIANCE REQUIRED 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;
and
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; and
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; and
D. That in granting the variance, the spirit and intent of this title will be observed; and
E. That the variance does not grant special privilege;
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
11.46.010 Purpose.
The site plan review process is established to provide discretionary review of certain
development projects in the City for the purposes of ensuring that the proposed project is
consistent with the City's General Plan; incorporates environmentally and aesthetically
sensitive grading practices; preserves existing mature vegetation; is compatible and consistent
with the scale, massing and development pattern in the immediate project vicinity; and
otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills.
11.46.050 Required findings.
A. The Commission shall be required to make findings in acting to approve,
conditionally approve, or deny a site plan review application.
B. No project which requires site plan review approval shall be approved by the
Commission, or by the City Council on appeal, unless the following findings can be made:
ZC NO. 893
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1. The project complies with and is consistent with the goals and policies of the general plan and
all requirements of the zoning ordinance;
2. The project substantially preserves the natural and undeveloped state of the lot by
minimizing building coverage. Lot coverage requirements are regarded as maximums, and the
actual amount of lot coverage permitted depends upon the existing buildable area of the lot;
3. The project is harmonious in scale and mass with the site, the natural terrain and surrounding
residences;
4. The project preserves and integrates into the site design, to the greatest extent possible,
existing topographic features of the site, including surrounding native vegetation, mature trees,
drainage courses and land forms (such as hillsides and knolls);
5. Grading has been designed to follow natural contours of the site and to minimize the amount
of grading required to create the building area;
6. Grading will not modify existing drainage channels nor redirect drainage flow, unless such
flow is redirected into an existing drainage course;
7. The project preserves surrounding native vegetation and mature trees and supplements these
elements with drought -tolerant landscaping which is compatible with and enhances the rural
character of the community, and landscaping provides a buffer or transition area between
private and public areas;
8. The project is sensitive and not detrimental to the convenient and safe movement of
pedestrians and vehicles; and
9. The project conforms to the requirements of the California Environmental Quality Act.
CRITERIA FOR APPROVAL OF CONDITIONAL USE PERMIT:
11.42.050 Basis for approval or denial of conditional use permit.
The Commission (and Council on appeal), in acting to approve a conditional use permit
application, may impose conditions as are reasonably necessary to ensure the project is
consistent with the General Plan, compatible with surrounding land use, and meets the
provisions and intent of this title. In making such a determination, the hearing body shall find
that the proposed use is in general accord with the following principles and standards:
A. That the proposed conditional use is consistent with the General Plan;
B. That the nature, condition and development of adjacent uses, buildings and
structures have been considered, and that the use will not adversely affect or be materially
detrimental to these adjacent uses, building or structures;
C. That the site for the proposed conditional use is of adequate size and shape to
accommodate the use and buildings proposed;
D. That the proposed conditional use complies with all applicable development
standards of the zone district;
E. That the proposed use is consistent with the portions of the Los Angeles County
Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste
facilities;
F. That the proposed conditional uses observes the spirit and intent of this title.
ZC NO. 893
November 19, 2015
To Rolling Hills City and Rolling Hills Community Association:
I am writing to let you know that the two sheds between myself and my neighbors,
Tom and Debi Thomas at 66 Eastfield Dr., are not in any way bothersome to us. We
have no opposition to leaving the sheds in their current location.
Sincerely,
Mrs. Makineni
2 Open Brand Rd.
310-377-3208
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RESOLUTION NO. 2016-06
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A CONDITIONAL USE PERMIT,
SITE PLAN REVIEW AND VARIANCES FOR A NEW CABANA, GRADING,
ABOVE GRADE DECK, RETAINING WALLS, POOL AND RELATED
STRUCTURES AND FOR ENCROACHMENT WITH A PORTION OF THE
RAISED DECK, WALLS, POOL EQUIPMENT AREA AND FIRE PLACE INTO
THE REAR YARD SETBACK; TO RETAIN TWO EXISTING SHEDS, PORTION
OF TRELLIS AND BARBEQUE IN THE REAR YARD SETBACK; TO EXCEED
THE MAXIMUM PERMITTED DISTURBANCE OF THE LOT AND TOTAL
COVERAGE OF THE LOT AND TO SET ASIDE AN AREA FOR A FUTURE
STABLE AND CORRAL IN THE FRONT YARD AREA OF THE LOT AT 66
EASTFIELD DRIVE, (LOT 107-EF), (THOMAS).
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 Mr. and Mrs. Tom and Debi
Thomas with respect to real property located at 66 Eastfield, (Lot 107-EF), Rolling Hills,
CA requesting a Conditional Use Permit to construct a 475 square foot cabana; Site Plan
Review for the cabana, for 1,450 square foot pool deck, for higher that 3' in height
retaining walls and grading consisting of a total of 565 cubic yards of dirt, plus
additional 180 cubic yards if a stable is constructed in the future; Variances to encroach
with a portion (310 sq.ft.) of the raised deck, retaining walls, pool equipment area and
fireplace into the rear yard setback; to retain two previously constructed sheds, a portion
of a trellis and barbeque in the rear yard setback; to exceed the maximum permitted
disturbance of the lot with 68.3% (maximum allowed is 40%); to exceed the maximum
permitted total coverage of the lot with 43.2% (maximum allowed is 35%), and to set
aside an area for a future stable and corral in the front yard area of the lot.
Also proposed is a 632 square foot swimming pool with 100 square foot spa. Although
the pool and spa would not require a discretionary permit and could be approved
administratively, the grading for the location requires a Site Plan Review.
Section 2. The Planning Commission conducted duly noticed public hearings
to consider the application on November 17, 2015, December 15, 2015, and February 16,
2016 at regular Planning Commission meetings, and in the field also on December 15,
2015. The applicants were notified of the public hearings 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 having
reviewed, analyzed and studied said proposal. The applicants' representative was in
attendance at the public hearings. No neighbors reviewed the plans before the
meetings or attended the site visit. The Rolling Hills Community Association received a
letter from the adjacent neighbor advising they have no objection to the applicant's
Reso. 2016-06
66 Eastfield
o
retaining the sheds in the rear easement and the RHCA Board granted the applicants a
license agreement to retain the sheds in the easement until such time as the property
sells.
Section 3. The subject property, zoned RA-S-1, contains 1.3 acres gross and
44,563 square feet (1.02 acres) of net lot area. The property is developed with a 5,850
square foot residence with 680 square foot garage, 86 square foot entryway, water
feature, 766 square foot detached trellis, barbeque, two-100 square foot each sheds and a
service yard. The trellis, BBQ and sheds are non -permitted and 251 square foot of the
trellis, the BBQ and sheds are located in the rear yard setback. The applicants wish to
keep those structures on the property and are a part of this Resolution. Most of the
garage and approximately 1,060 square feet of the residence is located in the rear yard
setback, and are legal non -conforming.
Section 4. The project is exempt from the California Environmental
Quality Act (CEQA) pursuant to Section 15303, Class 3 exemption Guidelines.
Section 5. A Site Plan Review is required subject to Section 17.46.020 of the
Zoning Ordinance, in that the proposed cabana, raised deck, and retaining walls are a
structural addition. Further, the grading for these new structures require Site Plan
Review. With respect to the Site Plan Review application for the cabana, deck, walls,
and grading, the Planning Commission makes the following findings of fact:
A. The proposed development is compliant with all requirements of the
Zoning Ordinance except as approved herein a Variance, and is compatible with the
General Plan and surrounding uses because the proposed project is consistent with
goals and policies that require low profile, low -density residential development with
sufficient open space between surrounding structures. The cabana, pool, walls, and
deck construction will be situated to ensure it is not obtrusive to neighbors, will be
screened from view, and the pool equipment is located in an area that will not be
intrusive. The elevated out -of -grade condition and "bulk" of the new deck will be
mitigated, by landscaping and retaining walls and separated by a 4' walkway. To
address Planning Commissioner's concerns, the entire project was "dropped down"
and softened with landscaping.
B. The development plan substantially preserves the natural and
undeveloped state of the lot because the required grading has been carefully
considered, and the out -of -grade condition is being softened with walls and
landscaping. The construction will not adversely affect or be materially detrimental to
the adjacent uses, buildings, or structures because the proposed improvements will be
constructed on a portion of the lot which is least intrusive to surrounding properties,
will be screened and landscaped with vegetation and is of sufficient distance from
nearby residences so that the proposed project will not impact the view or privacy of
surrounding neighbors.
Reso. 2016-06
66 Eastfield
2 @
•
C. The proposed development, as conditioned, is harmonious in scale and
mass with the site, the natural terrain and surrounding residences. The proposed
project is consistent with the scale of homes in the surrounding RA-S-1 similarly zoned
neighborhood. The proposed project entails construction of a cabana, pool, raised deck
and retaining walls for the purpose of enhancing and facilitating outdoor living on the
site, a common residential amenity enjoyed by property owners throughout the City.
D. The development plan generally follows natural contours of the site to
the maximum extent practicable to accomplish groomed and usable areas of the lot,
subject to concurrent approval of Variances and a Conditional Use Permit pursuant to
Section 6 and 7 of this resolution.
E. Natural drainage courses will not be affected by the project. Minimal
grading is proposed and therefore existing drainage channels are not anticipated to be
impacted. The project construction will not be located in a canyon or on existing
slopes that exceed 25%.
F. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because no
change is proposed to the existing driveway, which is in compliance with applicable
requirements.
Section 6. Sections 17.38.010 through 17.38.050 of the Rolling Hills
Municipal Code permit approval of a Variance granting relief from the standards and
requirements of the Zoning Ordinance when exceptional or extraordinary
circumstances applicable to the property prevent the owner from making use of a
parcel of property to the same extent enjoyed by similar properties in the same
vicinity or zone. In proposing to encroach with 310 square feet of raised deck, the
retaining walls, pool equipment, and fireplace into the rear yard setback, and also to
retain 2 sheds, a portion of the trellis and barbecue in the rear yard setback, Variances
are required to grant relief from the following Sections of the Zoning Ordinance:
17.12.190 (setback definitions requiring that setbacks be free of structures) and
17.16.150 (Structures and driveways permitted in setbacks where the height of the
proposed deck -greater than 12" above grade, and supporting retaining wall greater
than 3', and 17.16.070 (maximum allowed lot coverage and disturbance) in which case
the proposed total lot coverage and disturbance area would exceed the allowed
amounts with an increases from 36.02% to 43.2% where 35% maximum is allowed for
total lot coverage, and an increase from 54.5% to 68.3% where 40% maximum total lot
coverage is allowed. Variance from Section 17.16.110 relating to the location of the
future stable and corral in the front yard setback is required. With respect to the
aforementioned requests for Variances, the Planning Commission finds as follows:
A. There are exceptional circumstances and conditions on the subject
property as follows:
Reso. 2016-06
66 Eastfield
• •
Regarding requested variance from Zoning Ordinance Sections 17.16.150, and
17.16.070 relating to the encroachment of the structures in the rear yard setback and
the height of the deck and projection into the setback for the proposed miscellaneous
structures: the current residence is legal non -conforming, with a large portion of the
residence including most of the garage being located in the rear yard setback creating
a constraint on where outdoor livable area adjacent to the residence can be located.
Previously constructed existing structures in the rear yard setback further constrain
the lot and as a part of this Resolution, these structures will be legalized. The
proposed structures common to residences in Rolling Hills are a pool, outdoor deck,
and cabana, and this approval permits the applicants to enjoy the same amenities.
Encroachment of the raised deck, existing trellis, and pool equipment into the rear
yard setback would enable the property owners to construct a reasonably sized deck
designed for outdoor living. The placement of the pool equipment in the rear yard
setback keeps it away from all neighbors and allows for better screening. Retaining
the two sheds has received approval from the RHCA.
Regarding the requested variance from Section 17.16.070 for total lot coverage
and disturbance limits, the project does not meet the total lot coverage requirement of
35% and is proposed at 43.2%, which is an increase from the existing 36.0% which is
legal non -conforming. The proposed structures increases disturbance area to 68.34%,
including the future stable and corral which has a slope of 3:1 and the pool pad
slopes will be 2:1. The lot coverage and disturbance exceedance is due to the fact that
with the house located in the rear of the lot there is a long and wide existing
driveway leading to the residence, an area of which is calculated towards the total lot
coverage. To accommodate the large driveway and the house in the rear, the lot was
previously graded more than the maximum permitted of 40%; therefore any
structural improvements cause those numbers to exceed the maximum permitted.
Regarding the Variance from Section 17.16.110, relating to the location of the
future stable and corral in the front yard setback, the existing residence is in the rear
of the property leaving very few options other than to propose the stable and the
corral in the front yard setback.
B. The variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property owners in the same vicinity
and zone but which is denied to the property in question by strict application of the
code. The property right which otherwise would be enjoyed is the ability to utilize a
portion of their rear yard with a sizeable deck, pool, and cabana to accommodate
outdoor recreational use, including an cabana and pool, which currently can not be
enjoyed due to the existing residence being so far towards the rear of the lot. The
proposed location of the entire project - deck, cabana, and pool are the least visually
intrusive to the property and its neighbors.
C. The granting of the Variance would not be materially detrimental to the
public welfare or injurious to the properties or improvements in such vicinity and
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zone in which the property is located in that the degree of deviation from the allowed
amount of encroachment (310 square feet of the raised deck), a portion of the trellis,
and the pool equipment is relatively minor. Further, the proposed patio would not
be visible from the adjoining street or private properties and therefore is not expected
to result in any visual or privacy impacts.
D. In granting of the Variance the spirit and intent of the Zoning Ordinance
will be observed in that the proposed deck, cabana, and pool construction will be
orderly, attractive, legalizes non -conforming uses on the property, and will not affect
the rural character of the community. The subject proposed structures are in the rear
of the property and will not impact the proposed future stable and corral area and the
proposed deck, cabana, and pool will not impact use of the existing structures.
E. The Variance request is consistent with the General Plan of the City of
Rolling Hills because the proposed structures comply with the General Plan
requirement of low profile, low -density residential development with sufficient open
space between surrounding structures. The property is located above the adjacent
property to rear and there is large open space between any structures on subject
property to the adjacent property.
F. The Variance is consistent with the portions of the County of Los
Angeles Hazardous Waster Management Plan relating to siting and siting criteria for
hazardous waste facilities.
Section 7. Section 17.16.210(A)(2) of the Rolling Hills Municipal Code
permits approval of a cabana under certain conditions, provided the Planning
Commission approves a Conditional Use Permit. With respect to this request for a
Conditional Use Permit, the Planning Commission finds as follows:
A. The granting of a Conditional Use Permit for the cabana would be consistent
with the purposes and objectives of the Zoning Ordinance and General Plan because
the use is consistent with similar uses in the community, meets all the applicable
development standards of the Zoning Ordinance and no deviations from the
development standards are requested.
B. The nature, condition, and development of adjacent uses, buildings, and
structures have been considered, and the construction of a cabana will not adversely
affect or be materially detrimental to these adjacent uses, buildings, or structures
because the project is of sufficient distance from nearby residences so that the structure
will not impact the view or privacy of surrounding neighbors.
C. The project is harmonious in scale and mass with the site, the natural terrain,
and surrounding residences because it complies with the low profile residential
development pattern of the community, and will be screened from neighbors' view.
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66 Eastfield
5
D. The proposed conditional use complies with all applicable development
standards of the zone district because the 475 square foot size of the cabana does not
exceed the maximum permitted under the Municipal Code and it does not encroach
into any setback areas and is not located in the front.
E. The proposed conditional use is consistent with the portions of the Los Angeles
County Hazardous Waste Management Plan relating to siting criteria for hazardous
waste facilities because the project site is not listed on the current State of California
Hazardous Waste and Substances Sites List.
F. The proposed conditional use observes the spirit and intent of Title 17 of the
Zoning Code because the proposed project meets all of the development standards of
the Zoning Regulations and has a proposed stable, corral and access thereto. The
construction of the project and the structure will not be obtrusive to neighbors.
Section 8. Based upon the foregoing findings, the Planning Commission
hereby approves the Site Plan Review, Variances, and Conditional Use Permit in
Zoning Case No. 893 for new cabana, raised deck, pool, pool equipment, fireplace,
and walls; to encroach with a portion (310 square feet) of the raised deck, retaining
walls, pool equipment area, and fireplace into the rear yard setback; to exceed the
maximum permitted total lot coverage and disturbance of the lot; and to retain and
legalize two previously constructed sheds, a portion of a trellis, and barbecue in the
rear yard setback, subject to the following conditions:
A. The Site Plan, Variances, and Conditional Use Permit approval shall
expire within two years from the effective date of approval if construction pursuant to
this approval has not commenced within that time period, as required by Sections
17.38.070(A) of the Rolling Hills Municipal Code, or the approval granted is otherwise
extended pursuant to the requirements of those sections.
B. It is declared and made a condition of the approval, that if any
conditions thereof are violated, this approval shall be suspended and the privileges
granted thereunder shall lapse; provided that the City has given the applicants
written notice to cease such violation, the opportunity for a hearing has been
provided, and if requested, has been held, and thereafter the applicant fails to correct
the violation within a period of thirty (30) days from the date of the City's
determination.
C. All requirements of the Building and Construction Ordinance, the
Zoning Ordinance, and of the zone in which the subject property is located must be
complied with unless otherwise set forth in the Permit, or shown otherwise on an
approved plan.
The lot shall be developed and maintained in substantial conformance with the site
plan on file dated February 10, 2016, except as otherwise provided in these conditions.
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The working drawings submitted to the Department of Building and Safety for plan
check review must conform to the development plan approved with this application.
A copy of the conditions of this Resolution shall be printed on plans approved when a
building permit is issued and a copy of such approved plans, including conditions of
approval, shall be available on the building site at all times.
The 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 including conformance with 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.
D. 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, height or any structural development including a
trellis or other similar above ground structure shall require the filing of a new
application for approval by the Planning Commission.
E. Grading for this project shall not exceed 320 cubic yards of cut,
including 220 cubic yards from excavation of the pool; and 245 cubic yards of fill, for a
total of 565 cubic yards of dirt, of which 75 will be exported from the pool excavation
and 100 cubic yards, will be for overexcavation and recompaction. 180 cubic yards of dirt
will be required for the future stable and corral area, when constructed. The grading will
result in 2:1 slopes behind the pool and cabana. Some of the grading for the future stable
shows the resulting slopes at 3:1.
F. Structural lot coverage shall not exceed 8,893 square feet, or 19.96%.
Total lot coverage shall not exceed 43.2% or 19,263 square feet. Building Pad coverage
on the 21,660 square foot residential pad shall not exceed 8,433 square feet or 39%
coverage. Building pad coverage for the future stable will not exceed 450 square feet
with 45% coverage.
G. The disturbed area of the lot shall not exceed 68.3% (of net lot area),
which includes the future stable and corral area.
H. The future set -aside area for the stable and corral area of 1,000 square
feet, shall be retained on the property at all times.
I. A minimum of four -foot level path and/or walkway, which does not
have to be paved, shall be provided around the entire perimeter of the cabana, pool
and decking.
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66 Eastfield
J. There shall be no sleeping quarters and temporary occupancy in the
cabana. The cabana shall not exceed 475 square feet. All conditions of Section 17.16.210
A. (2) for a cabana shall apply.
K. The pool equipment area shall be enclosed and screened with
landscaping. Per LA County Building Code, pool barrier/fencing shall be required.
L. A drainage plan, as 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 LA County Code requirements.
M. The "as built" miscellaneous structures including 2 sheds, the trellis, fire
place and barbecue that are in the rear yard setback shall be made legal and building
permit obtained. Further, the approval of the two sheds located in the rear setback
shall expire upon the sale of the property.
N. The side and rear setback lines in the vicinity of the construction for this
project shall remain staked throughout the construction. Construction fence may be
required.
O. During construction, conformance with the air quality management
district requirements, stormwater pollution prevention practices, county and local
ordinances and engineering practices so that people or property are not exposed to
undue vehicle trips, noise, dust, and objectionable odors shall be required.
P. During and after construction, all parking shall take place on the project
site and, if necessary, any overflow parking shall take place within nearby unimproved
roadway easements, but not to obstruct neighboring driveways. During construction,
to maximum extend feasible, employees of the contractor shall car-pool into the City.
Q. 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.
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
management and comply with the City's Low Impact development Ordinance (LID), if
applicable. Further the property owners shall be required to conform to the County
Health Department requirements for a septic system, should one be required for the
cabana.
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S. A minimum of 50% of the construction material spoils shall be recycled
and diverted. The hauler shall provide the appropriate documentation to the City.
T. All graded areas shall be landscaped. In addition, the cabana and
swimming pool shall be screened from the neighbors and a landscaping plan shall be
submitted to the City for review and approval. If landscaping of 5,000 square foot area
or greater is introduced or redevelop, the landscaping shall be subject to the
requirements of the City's Water Efficient Landscape Ordinance. Any plants
introduced for this project shall not grow into a hedge but be offset and shall not
exceed the ridgeline of the cabana. 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.
U. The project must be reviewed and approved by the Rolling Hills
Community Association (RHCA) Architectural Review Committee prior to the
issuance of building permit. Perimeter easements and trails, if any, shall remain free
and clear of any improvements including, but not be limited to fences -including
construction fences, any hardscape, driveways, landscaping, irrigation and drainage
devices, except as otherwise approved by the RHCA.
V. The contractor shall not use tools that could produce a spark, including
for clearing and grubbing, during red flag warning conditions. Weather conditions can
be found at:
http://www.wrh.noaa.gov/lox/main.php?suite=safety&page=hazard_definitions#FIR
E. It is the sole responsibility of the property owner and/or his/her contractor to
monitor the red flag warning conditions. Should a red flag warning be declared and if
work is to be conducted on the property, the contractor shall have readily available fire
distinguisher.
W. All requirements of the Building and Construction Code, the Zoning
Code, and of the zone in which the subject property is located must be complied with,
including the Outdoor Lighting Ordinance. All utility lines to the cabana shall be
undergrounded pursuant to Section 17.27.030.
X. Prior to finaling of the project an "as graded" and an "as constructed"
plans and certifications shall be provided to the Planning Department and the Building
Department to ascertain that the completed project is in compliance with the approved
plans. In addition, any modifications made to the project during construction, shall be
depicted on the "as built/as graded" plan.
Y. Until the applicants execute an Affidavit of Acceptance of all conditions
of this approval, the approvals shall not be effective. Such affidavit shall be recorded
together with the resolution.
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66 Eastfield
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PASSED, APPROVED AND ADOPTED THIS 15th DAY OF MARCH 2016.
ATTEST:
Wu )
HEIDI LUCE, CITY CLERK
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.
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66 Eastfield
10 05
• •
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2016-06 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A CONDITIONAL USE PERMIT,
SITE PLAN REVIEW AND VARIANCES FOR A NEW CABANA, GRADING,
ABOVE GRADE DECK, RETAINING WALLS, POOL AND RELATED
STRUCTURES AND FOR ENCROACHMENT WITH A PORTION OF THE
RAISED DECK, WALLS, POOL EQUIPMENT AREA AND FIRE PLACE INTO
THE REAR YARD SETBACK; TO RETAIN TWO EXISTING SHEDS, PORTION
OF TRELLIS AND BARBEQUE IN THE REAR YARD SETBACK; TO EXCEED
THE MAXIMUM PERMITTED DISTURBANCE OF THE LOTAND TOTAL
COVERAGE OF THE LOT AND TO SET ASIDE AN AREA FOR A FUTURE
STABLE AND CORRAL IN THE FRONT YARD AREA OF THE LOT AT 66
EASTFIELD DRIVE, (LOT 107-EF), (THOMAS).
was approved and adopted at a regular meeting of the Planning Commission on
March 15, 2016 by the following roll call vote:
AYES: Commissioners Cardenas, Gray and Chairman Chelf.
NOES: None.
ABSENT: Commissioners Kirkpatrick and Smith.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
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66 Eastfield
ci/Rd
HEIDI LUCE, CITY CLERK
11
0
• •
City
TO:
FROM:
APPLICATION NO:
SITE LOCATION:
ZONING/LOT SIZE:
APPLICANT:
REPRESENTATIVE:
PUBLISHED:
INCORPORATED JANUARY 24,
1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377.1521
FAX: (310) 377.7288
Agenda Item No.: 6A
Mtg. Date: 3-15-16
HONORABLE CHAIRMAN AND MEMBERS OF THE
PLANNING COMMISSION
YOLANTA SCHWARTZ, PLANNING DIRECTOR
ZONING CASE NO. 893
66 EASTFIELD DRIVE (LOT 107-EF)
RA-S-1, 1.3 ACRES GROSS
TOM AND DEBI THOMAS
TAVISHA NICHOLSON, BOLTON ENGINEERING
NOVEMBER 5, 2015 AND FEBRUARY 4, 2016
REQUEST AND RECOMMENDATION
1. The applicants Mr. and Mrs. Thomas request 1) Conditional Use Permit to
construct a 475 square foot cabana; 2) Site Plan Review for the cabana, for 1,450 square
foot pool deck, for higher that 3' retaining walls and grading consisting of 565 cubic
yards of dirt, plus additional 180 cubic yards if a stable is constructed in the future; 3)
Variances to encroach with a portion (310 sq.ft.) of the raised deck, retaining walls, pool
equipment area and fire place into the rear yard setback; to retain two previously
constructed sheds, a portion of a trellis and barbeque in the rear yard setback; to exceed
the maximum permitted disturbance of the lot; to exceed the maximum permitted total
coverage of the lot and to set aside an area for a future stable and corral in the front
yard area of the lot.
2. At the February 16, 2016 Planning Commission meeting, by a 5-0 vote the
Planning Commission directed staff to prepare a Resolution approving the project
subject to a revised design that was presented during that meeting that shows the
following revisions:
The height of the cabana has decreased from 13'10. 5" in height with a proposed
out -of -grade condition of 5' to a revised 12'10" in height with the out -of -grade
condition now 4' maximum at the northwest corner, with an average of less than
2.5' in height.
The roofline has been revised from a shed roof to a gable roof.
ZC No. 893
Printed on Recycled Paper
• •
fr
The pool pad has been "dropped down" by 6" over the entire site, thus reducing
the height of retaining walls, and allowing the overall height of the cabana to be
reduced.
-A planter is proposed beyond the cabana to soften the visual impact of the
cabana.
The Planning Commission also requested that staff find out whether any conditions
were placed on the project by the RHCA in regards to the sheds.
The RHCA Board approved a license agreement to allow two sheds to remain partially
in the Association easement (and therefore in the side setback) until such time as the
property is sold.
3. It is recommended that the Planning Commission review and consider the
attached Resolution 2016-06 for adoption, which includes a condition that upon the sale
of the property the sheds will be removed.
ZC No. 893
• S
RESOLUTION NO. 2016-06
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A CONDITIONAL USE PERMIT,
SITE PLAN REVIEW AND VARIANCES FOR A NEW CABANA, GRADING,
ABOVE GRADE DECK, RETAINING WALLS, POOL AND RELATED
STRUCTURES AND FOR ENCROACHMENT WITH A PORTION OF THE
RAISED DECK, WALLS, POOL EQUIPMENT AREA AND FIRE PLACE INTO
THE REAR YARD SETBACK; TO RETAIN TWO EXISTING SHEDS, PORTION
OF TRELLIS AND BARBEQUE IN THE REAR YARD SETBACK; TO EXCEED
THE MAXIMUM PERMITTED DISTURBANCE OF THE LOT AND TOTAL
COVERAGE OF THE LOT AND TO SET ASIDE AN AREA FOR A FUTURE
STABLE AND CORRAL IN THE FRONT YARD AREA OF THE LOT AT 66
EASTFIELD DRIVE, (LOT 107-EF), (THOMAS).
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 Mr. and Mrs. Tom and Debi
Thomas with respect to real property located at 66 Eastfield, (Lot 107-EF), Rolling Hills,
CA requesting a Conditional Use Permit to construct a 475 square foot cabana; Site Plan
Review for the cabana, for 1,450 square foot pool deck, for higher that 3' in height
retaining walls and grading consisting of a total of 565 cubic yards of dirt, plus
additional 180 cubic yards if a stable is constructed in the future; Variances to encroach
with a portion (310 sq.ft.) of the raised deck, retaining walls, pool equipment area and
fireplace into the rear yard setback; to retain two previously constructed sheds, a portion
of a trellis and barbeque in the rear yard setback; to exceed the maximum permitted
disturbance of the lot with 68.3% (maximum allowed is 40%); to exceed the maximum
permitted total coverage of the lot with 43.2% (maximum allowed is 35%), and to set
aside an area for a future stable and corral in the front yard area of the lot.
Also proposed is a 632 square foot swimming pool with 100 square foot spa. Although
the pool and spa would not require a discretionary permit and could be approved
administratively, the grading for the location requires a Site Plan Review.
Section 2. The Planning Commission conducted duly noticed public hearings
to consider the application on November 17, 2015, December 15, 2015, and February 16,
2016 at regular Planning Commission meetings, and in the field also on December 15,
2015. The applicants were notified of the public hearings 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 having
reviewed, analyzed and studied said proposal. The applicants' representative was in
attendance at the public hearings. No neighbors reviewed the plans before the
meetings or attended the site visit. The Rolling Hills Community Association received a
letter from the adjacent neighbor advising they have no objection to the applicant's
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66 Eastfield
•
retaining the sheds in the rear easement and the RHCA Board granted the applicants a
license agreement to retain the sheds in the easement until such time as the property
sells.
Section 3. The subject property, zoned RA-S-1, contains 1.3 acres gross and
44,563 square feet (1.02 acres) of net lot area. The property is developed with a 5,850
square foot residence with 680 square foot garage, 86 square foot entryway, water
feature; 766 square foot detached trellis, barbeque, two-100 square foot each sheds and a
service yard. The trellis, BBQ and sheds are non -permitted and 251 square foot of the
trellis, the BBQ and sheds are located in the rear yard setback. The applicants wish to
keep those structures on the property and are a part of this Resolution. Most of the
garage and approximately 1,060 square feet of the residence is located in the rear yard
setback, and are legal non -conforming.
Section 4. The project is exempt from the California Environmental
Quality Act (CEQA) pursuant to Section 15303, Class 3 exemption Guidelines.
Section 5. A Site Plan Review is required subject to Section 17.46.020 of the
Zoning Ordinance, in that the proposed cabana, raised deck, and retaining walls are a
structural addition. Further, the grading for these new structures require Site Plan
Review. With respect to the Site Plan Review application for the cabana, deck, walls,
and grading, the Planning Commission makes the following findings of fact:
A. The proposed development is compliant with all requirements of the
Zoning Ordinance except as approved herein a Variance, and is compatible with the
General Plan and surrounding uses because the proposed project is consistent with
goals and policies that require low profile, low -density residential development with
sufficient open space between surrounding structures. The cabana, pool, walls, and
deck construction will be situated to ensure it is not obtrusive to neighbors, will be
screened from view, and the pool equipment is located in an area that will not 'be
intrusive. The elevated out -of -grade condition and "bulk" of the new deck will be
mitigated, by landscaping and retaining walls and separated by a 4' walkway. To
address Planning Commissioner's concerns, the entire project was "dropped down"
and softened with landscaping.
B. The development plan substantially preserves the natural and
undeveloped state of the lot because the required grading has been carefully
considered, and the out -of -grade condition is being softened with walls and
landscaping. The construction will not adversely affect or be materially detrimental to
the adjacent uses, buildings, or structures because the proposed improvements will be
constructed on a portion of the lot which is least intrusive to surrounding properties,
will be screened and landscaped with vegetation and is of sufficient distance from
nearby residences so that the proposed project will not impact the view or privacy of
surrounding neighbors.
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C. The proposed development, as conditioned, is harmonious in scale and
mass with the site, the natural terrain and surrounding residences. The proposed
project is consistent with the scale of homes in the surrounding RA-S-1 similarly zoned
neighborhood. The proposed project entails construction of a cabana, pool, raised deck
and retaining walls for the purpose of enhancing and facilitating outdoor living on the
site, a common residential amenity enjoyed by property owners throughout the City.
D. The development plan 'generally follows natural contours of the site to
the maximum extent practicable to accomplish groomed and usable areas of the lot,
subject to concurrent approval of Variances and a Conditional Use Permit pursuant to
Section 6 and 7 of this resolution.
E. Natural drainage courses will not be affected by the project. Minimal
grading is proposed and therefore existing drainage channels are not anticipated to be
impacted. The project construction will not be located in a canyon or on existing
slopes that exceed 25%.
F. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because no
change is proposed to the existing driveway, which is in compliance with applicable
requirements.
Section 6. Sections 17.38.010 through 17.38.050 of the Rolling Hills
Municipal Code permit approval of a Variance granting relief from the standards and
requirements of the Zoning Ordinance when exceptional or extraordinary
circumstances applicable to the property prevent the owner from making use of a
parcel of property to the same extent enjoyed by similar properties in the same
vicinity or zone. In proposing to encroach with 310 square feet of raised deck, the
retaining walls, pool equipment, and fireplace into the rear yard setback, and also to
retain 2 sheds, a portion of the trellis and barbecue in the rear yard setback, Variances
are required to grant relief from the following Sections of the Zoning Ordinance:
17.12.190 (setback definitions requiring that setbacks be free of structures) and
17.16.150 (Structures and driveways permitted in setbacks where the height of the
proposed deck -greater than 12" above grade, and supporting retaining wall greater
than 3', and 17.16.070 (maximum allowed lot coverage and disturbance) in which case
the proposed total lot coverage and disturbance area would exceed the allowed
amounts with an increases from 36.02% to 43.2% where 35% maximum is allowed for
total lot coverage, and an increase from 54.5% to 68.3% where 40% maximum total lot
coverage is allowed. Variance from Section 17.16.110 relating to the location of the
future stable and corral in the front yard setback is required. With respect to the
aforementioned requests for Variances, the Planning Commission finds as follows:
A. There are exceptional circumstances and conditions on the subject
property as follows:
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Regarding requested variance from Zoning Ordinance Sections 17.16.150, and
17.16.070 relating to the encroachment of the structures in the rear yard setback and
the height of the deck and projection into the setback for the proposed miscellaneous
structures: the current residence is legal non -conforming, with a large portion of the
residence including most of the garage being located in the rear yard setback creating
a constraint on where outdoor livable area adjacent to the residence can be located.
Previously constructed existing structures in the rear yard setback further constrain
the lot and as a part of this Resolution, these structures will be legalized. The
proposed structures common to residences in Rolling Hills are a pool, outdoor deck,
and cabana, and this approval permits the applicants to enjoy the same amenities.
Encroachment of the raised deck, existing trellis, and pool equipment into the rear
yard setback would enable the property owners to construct a reasonably sized deck
designed for outdoor living. The placement of the pool equipment in the rear yard
setback keeps it away from all neighbors and allows for better screening. Retaining
the two sheds has received approval from the RHCA.
Regarding the requested variance from Section 17.16.070 for total lot coverage
and disturbance limits, the project does not meet the total lot coverage requirement of
, 35% and is proposed at 43.2%which is an increase from the existing 36.0% which is
legal non -conforming. The proposed structures increases disturbance area to 68.34%,
including the future stable and corral which has a slope of 3:1 and the pool pad
slopes will be 2:1. The lot coverage and disturbance exceedance is due to the fact that
with the house located in the rear of the lot there is a long and wide existing
driveway leading to the residence, an area of which is calculated towards the total lot
coverage. To accommodate the large driveway and the house in the rear, the lot was
previously graded more than the maximum permitted of 40%; therefore any
structural improvements cause those numbers to exceed the maximum permitted.
Regarding the Variance from Section 17.16.110, relating to the location of the
future stable and corral in the front yard setback, the existing residence is in the rear
of the property leaving very few options other than to propose the stable and the
corral in the front yard setback.
B. The variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property owners in the same vicinity
and zone but which is denied to the property in question by strict application of the
code. The property right which otherwise would be enjoyed is the ability to utilize a
portion of their rear yard with a sizeable deck, pool, and cabana to accommodate
outdoor recreational use, including an cabana and pool, which currently can not be
enjoyed due to the existing residence being so far towards the rear of the lot. The
proposed location of the entire project - deck, cabana, and pool are the least visually
intrusive to the property and its neighbors.
C. The granting of the Variance would not be materially detrimental to the
public welfare or injurious to the properties or improvements in such vicinity and
Reso. 2016-06
66 Eastfield
• •
zone in which the property is located in that the degree of deviation from the allowed
amount of encroachment (310 square feet of the raised deck), a portion of the trellis,
and the pool equipment is relatively minor. Further, the proposed patio would not
be visible from the adjoining street or private properties and therefore is not expected
to result in any visual or privacy impacts.
D. In granting of the Variance the spirit and intent of the Zoning Ordinance
will be observed in that the proposed deck, cabana, and pool construction will be
orderly, attractive, legalizes non -conforming uses on the property, and will not affect
the rural character of the community. The subject proposed structures are in the rear
of the property and will not impact the proposed future stable and corral area and the
proposed deck, cabana, and pool will not impact use of the existing structures.
E. The Variance request is consistent with the General Plan of the City of
Rolling Hills because the proposed structures comply with the General Plan
requirement of low profile, low -density residential development with sufficient open
space between surrounding structures. The property is located above the adjacent
property to rear and there is large open space between any structures on subject
property to the adjacent property.
F. The Variance is consistent with the portions of the County of Los
Angeles Hazardous Waster Management Plan relating to siting and siting criteria for
hazardous waste facilities.
Section 7. Section 17.16.210(A)(2) of the Rolling Hills Municipal Code
permits approval of a cabana under certain conditions, provided the Planning
Commission approves a Conditional. Use Permit. With respect to this request for a
Conditional Use Permit, the Planning Commission finds as follows:
A. The granting of a Conditional Use Permit for the cabana would be consistent
with the purposes and objectives of the Zoning Ordinance and General Plan because
the use is consistent with similar uses in the community, meets all the applicable
development standards of the Zoning Ordinance and no deviations from the
development standards are requested.
B. The nature, condition, and development of adjacent uses, buildings, and
structures have been considered, and the construction of a cabana will not adversely
affect or be materially detrimental to these adjacent uses, buildings, or structures
because the project is of sufficient distance from nearby residences so that the structure
will not impact the view or privacy of surrounding neighbors.
C. The project is harmonious in scale and mass with the site, the natural terrain,
and surrounding residences because it complies with the low profile residential
development pattern of the community, and will be screened from neighbors' view.
Reso. 2016-06
66 Eastfield
•
D. The proposed conditional use complies with all applicable development
standards of the zone district because the 475 square foot size of the cabana does not
exceed the maximum permitted under the Municipal Code and it does not encroach
into any setback areas and is not located in the front.
E. The proposed conditional use is consistent with the portions of the Los Angeles
County Hazardous Waste Management Plan relating to siting criteria for hazardous
waste facilities because the project site is not listed on the current State of California
Hazardous Waste and Substances Sites List.
F. The proposed conditional use observes the spirit and intent of Title 17 of the
Zoning Code because the proposed project meets all of the development standards of
the Zoning Regulations and has a proposed stable, corral and access thereto. The
construction of the project and the structure will not be obtrusive to neighbors.
Section 8. Based upon the foregoing findings, the Planning Commission
hereby approves the Site Plan Review, Variances, and Conditional Use Permit in
Zoning Case No. 893 for new cabana, raised deck, pool, pool equipment, fireplace,
and walls; to encroach with a portion (310 square feet) of the raised deck, retaining
walls, pool equipment area, and fireplace into the rear yard setback; to exceed the
maximum permitted total lot coverage and disturbance of the lot; and to retain and
legalize two previously constructed sheds, a portion of a trellis, and barbecue in the
rear yard setback, subject to the following conditions:
A. The Site Plan, Variances, and Conditional Use Permit approval shall
expire within two years from the effective date of approval if construction pursuant to
this approval has not commenced within that time period, as required by Sections
17.38.070(A) of the Rolling Hills Municipal Code, or the approval granted is otherwise
extended pursuant to the requirements of those sections.
B. It is declared and made a condition of the approval, that if any
conditions thereof are violated, this approval shall be suspended and the privileges
granted thereunder shall lapse; provided that the City has given the applicants
written notice to cease such violation, the opportunity for a hearing has been
provided, and if requested, has been held, and thereafter the applicant fails to correct
the violation within a period of thirty (30) days from the date of the City's
determination.
C. All requirements of the Building and Construction Ordinance, the
Zoning Ordinance, and of the zone in which the subject property is located must be
complied with unless otherwise set forth in the Permit, or shown otherwise on an
approved plan.
Reso. 2016-06
66 Eastfield
6 O
• •
The lot shall be developed and maintained in substantial conformance with the site
plan on file dated February 10, 2016, except as otherwise provided in these conditions.
The working drawings submitted to the Department of Building and Safety for plan
check review must conform to the development plan approved with this application.
A copy of the conditions of this Resolution shall be printed on plans approved when a
building permit is issued and a copy of such approved plans, including conditions of
approval, shall be available on the building site at all times.
The 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 including conformance with 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.
D. 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, height or any structural development including a
trellis or other similar above ground structure shall require the filing of a new
application for approval by the Planning Commission.
E. Grading for this project shall not exceed 320 cubic yards of cut,
including 220 cubic yards from excavation of the pool; and 245 cubic yards of fill, for a
total of 565 cubic yards of dirt, of which 75 will be exported from the pool excavation
and 100 cubic yards, will be for overexcavation and recompaction. 180 cubic yards of dirt
will be required for the future stable and corral area, when constructed. The grading will
result in 2:1 slopes behind the pool and cabana. Some of the grading for the future stable
shows the resulting slopes at 3:1.
F. Structural lot coverage shall not exceed 8,893 square feet, or 19.96%.
Total lot coverage shall not exceed 43.2% or 19,263 square feet. Building Pad coverage
on the 21,660 square foot residential pad shall not exceed 8,433 square feet or 39%
coverage. Building pad coverage for the future stable will not exceed 450 square feet
with 45% coverage.
G. The disturbed area of the lot shall not exceed 68.3% (of net lot area),
which includes the future stable and corral area.
H. The future set -aside area for the stable and corral area of 1,000 square
feet, shall be retained on the property at all times.
Reso. 2016-06
66 Eastfield
7
• •
I. A minimum of four -foot level path and/or walkway, which does not
have to be paved, shall be provided around the entire perimeter of the cabana, pool
and decking.
J. There shall be no sleeping quarters and temporary occupancy in the
cabana. The cabana shall not exceed 475 square feet. All conditions of Section 17.16.210
A. (2) for a cabana shall apply.
K. A drainage plan, as 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 LA County Code requirements.
L. The "as built" miscellaneous structures including 2 sheds, the trellis, fire
place and barbecue that are in the rear yard setback shall be made legal and building
permit obtained.
M. The side and rear setback lines in the vicinity of the construction for this
project shall remain staked throughout the construction.
N. During construction, conformance with the air quality management
district requirements, stormwater pollution prevention practices, county and local
ordinances and engineering practices so that people or property are not exposed to
undue vehicle trips, noise, dust, and objectionable odors shall be required.
O. During and after construction, all parking shall take place on the project
site and, if necessary, any overflow parking shall take place within nearby unimproved
roadway easements, but not to obstruct neighboring driveways. During construction,
to maximum extend feasible, employees of the contractor shall car-pool into the City.
P. During construction, the property owners shall be required to schedule
and regulate construction and related traffic noise throughout the day between the
hours of 7 AM and 6 PM, Monday through Saturday only, when construction and
mechanical equipment noise is permitted, so as not to interfere with the quiet
residential environment of the City of Rolling Hills.
Q. The property owners shall be required to conform with the Regional
Water Quality Control Board and County Public Works Department Best Management
Practices (BMP's) requirements related to solid waste, drainage and storm water
management and comply with the City's Low Impact development Ordinance (LID), if
applicable. Further the property owners shall be required to conform to the County
Health Department requirements for a septic system, should one be required for the
cabana.
Reso. 2016-06
66 Eastfield
8
• •
R. A minimum of 50% of the construction material spoils shall be recycled
and diverted. The hauler shall provide the appropriate documentation to the City.
S. All graded areas shall be landscaped. In addition, the cabana and
swimming pool shall be screened from the neighbors and a landscaping plan shall be
submitted to the City for review and approval. If landscaping of 5,000 square foot area
or greater is introduced or redevelop, the landscaping shall be subject to the
requirements of the City's Water Efficient Landscape Ordinance. Any plants
introduced for this project shall not grow into a hedge but be off -set and shall not
exceed the ridgeline of the cabana. 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.
T. The project must be reviewed and approved by the Rolling Hills
Community Association (RHCA) Architectural Review Committee prior to the
issuance of building permit. Perimeter easements and trails, if any, shall remain free
and clear of any improvements including, but not be limited to fences -including
construction fences, any hardscape, driveways, landscaping, irrigation and drainage
devices, except as otherwise approved by the RHCA.
U. The contractor shall not use tools that could produce a spark, including
for clearing and grubbing, during red flag warning conditions. Weather conditions can
be found at:
http//www.wrh.noaa.gov/lox/main.php ?suite=safety&page=hazard_definitions#FIR
E. It is the sole responsibility of the property owner and/or his/her contractor to
monitor the red flag warning conditions. Should a red flag warning be declared and if
work is to be conducted on the property, the contractor shall have readily available fire
distinguisher.
V. All requirements of the Building and Construction Code, the
Zoning Code, and of the zone in which the subject property is located must be
complied with, including the Outdoor Lighting Ordinance. All utility lines to the
cabana shall be undergrounded pursuant to Section 17.27.030.
W. Prior to finaling of the project an "as graded" and an "as
constructed" plans and certifications shall be provided to the Planning Department
and the Building Department to ascertain that the completed project is in compliance
with the approved plans. In addition, any modifications made to the project during
construction, shall be depicted on the "as built/as graded" plan.
X. Until the applicants execute an Affidavit of Acceptance of all conditions
of this approval, the approvals shall not be effective. Such affidavit shall be recorded
together with the resolution.
Reso. 2016-06
66 Eastfield
• •
PASSED, APPROVED AND ADOPTED THIS 15th DAY OF MARCH 2016.
BRAD CHELF, CHAIRMAN
ATTEST:
HEIDI LUCE, CITY CLERK
Any action challenging the final decision of the City made as a result of the public
hearing on this application must be filed within the time limits set forth in section
17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure Section
1094.6.
Reso. 2016-06
66 Eastfield
10
• •
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2016-06 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A CONDITIONAL USE PERMIT,
SITE PLAN REVIEW AND VARIANCES FOR A NEW CABANA, GRADING,
ABOVE GRADE DECK, RETAINING WALLS, POOL AND RELATED
STRUCTURES AND FOR ENCROACHMENT WITH A PORTION OF THE
RAISED DECK, WALLS, POOL EQUIPMENT AREA AND FIRE PLACE INTO
THE REAR YARD SETBACK; TO RETAIN TWO EXISTING SHEDS, PORTION
OF TRELLIS AND BARBEQUE IN THE REAR YARD SETBACK; TO EXCEED
THE MAXIMUM PERMITTED DISTURBANCE OF THE LOTAND TOTAL
COVERAGE OF THE LOT AND TO SET ASIDE AN AREA FOR A FUTURE
STABLE AND CORRAL IN THE FRONT YARD AREA OF THE LOT AT 66
EASTFIELD DRIVE, (LOT 107-EF), (THOMAS).
was approved and adopted at a regular meeting of the Planning Commission on
March 15, 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.
Reso. 2016-06
66 Eastfield
CITY CLERK
11
•
Cry a`eo lB,,y.1dlG
TO:
FROM:
APPLICATION NO:
SITE LOCATION:
ZONING/LOT SIZE:
APPLICANT:
REPRESENTATIVE:
PUBLISHED:
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377.1521
FAX: (310)377.7288
Agenda Item No.: 7B
Mtg. Date: 2/16/16
HONORABLE CHAIRMAN AND MEMBERS OF THE
PLANNING COMMISSION
YOLANTA SCHWARTZ, PLANNING DIRECTOR
ZONING CASE NO. 893
66 EASTFIELD DRIVE (LOT 107-EF)
RA-S-1, 1.3 ACRES GROSS
TOM AND DEBI THOMAS
TAVISHA NICHOLSON, BOLTON ENGINEERING
NOVEMBER 5, 2015 AND FEBRUARY 4, 2016
REQUEST AND RECOMMENDATION,
1. The Planning Commission visited the site on December 15, 2015 and held a
public hearing in the evening. The Planning Commission expressed concerns with the
proposed development and recommended that the applicant restudy the height of the
cabana, direction of the roof ridge and the elevation of the cabana and pool. They
suggested that the applicant "drop down" the project, possibly scale it down, and
provide a landscaping plan to show how the massing of project on one side of the lot
will be handled.
Several of the Commissioners expressed concerns with the various encroachments into
the rear setback.
2. The applicants submitted same scope of the project with modifications to the roof
line, height of cabana, height of walls and building pad elevation. The applicants
request 1) Conditional Use Permit to construct a 475 square foot cabana; 2) Site Plan
Review for the cabana, for 1,450 square foot pool deck, for higher that 3' retaining walls
and grading consisting of 565 cubic yards of dirt, plus additional 180 cubic yards if a
stable is constructed in the future; 3) Variances to encroach with a portion (310 sq.ft.) of
the raised deck, retaining walls, pool equipment area and fire place into the rear yard
setback; to retain two previously constructed sheds, a portion of a trellis and barbeque
in the rear yard setback; to exceed the maximum permitted disturbance of the lot; to
exceed the maximum permitted total coverage of the lot and to set aside an area for a
future stable and corral in the front yard area of the lot.
ZC No. 893
Printed on Recycled Paper
4.
Also proposed is a 632 square foot swimming pool with 100 square foot spa. Although
the pool and spa would not require a discretionary permit and could be approved
administratively, the grading for the location requires a SPR.
The revised site plan addresses the Commissioners concerns as follows:
The height of the cabana has decreased from 13'10. 5" in height with a proposed
out -of -grade condition of 5' to a revised 12'10" in height with the out -of -grade
condition now 4' maximum at the northwest corner, with an average of less than
2.5' in height.
The roofline has been revised from a shed roof to a gable roof
The pool pad has been "dropped down" by 6" over the entire site, thus reducing
the height of retaining walls, and allowing the overall height of the cabana to be
reduced.
A planter is proposed beyond the cabana to soften the visual impact of the
cabana.
3. It is recommended that the Planning Commission review the staff report take
public testimony and provide direction to staff.
BACKGROUND
4. The subject property, zoned RA-S-1, contains 1.3 acres gross and 44,563 square
feet (1.02 acres) of net lot area. The Building Permits indicate that the subject property
was originally developed in 1952 with additions approved and constructed in 1985 and
in 1999. Extensive interior remodel was done in 1999 as well as in 2011.
5. None of the previous approvals show an approved set aside area for a stable and
corral. (Set aside is not required for a remodel.) Pursuant to Section 17.18.020 every lot
in the City is required to have a developed stable and corral or set aside area for a
future stable and corral and such requirement is triggered when a proposal is submitted
for a new residence, addition, accessory structures requiring a CUP, or a pool.
The applicants propose a set aside area for a future stable and corral in the front yard
area of the lot, which requires a Variance. The house is situated in such as way that
there is no room for a stable and corral in the rear or side of the house, that would meet
the setback and distance requirements.
6. The property is developed with a 5,850 square foot residence with 680 square
foot garage, 86 square foot entryway, water feature, 766 square foot detached trellis,
barbeque, two-100 square foot each sheds and a service yard. The trellis, BBQ and
sheds are non -permitted and 251 square foot of the trellis, the BBQ and sheds are
located in the rear yard setback. The applicants wish to keep those structures on the
property.
ZC No. 893
• •
Most of the garage and approximately 1,060 square feet of the residence is located in the
rear yard setback, and are legal non -conforming.
MUNICIPAL CODE REQUIREMENTS
7. A Conditional Use Permit is required for the proposed 475 square foot cabana,
which will be enclosed on three sides and have one side open facing the pool. At the
north end of the cabana, due to the lot configuration, an out of grade condition is
proposed where the cabana would be 4'out of grade, but not exceeding the average of
2.5' out of grade, which is permitted. The height of the cabana is now proposed to be
12'-10" and is buffered with a 4' maximum retaining wall.
8. Section 17.16.210 A2 of the Zoning Ordinance allows cabanas greater than
200 square feet with a CUP as follows:
2. Cabana, pool house or recreation room providing that the following
conditions are met:
a. Shall not exceed eight hundred square feet.
b. Shall not be located in the front yard or any setback.
c. A kitchenette and sanitary facility consisting of a shower, sink and toilet
may be permitted.
d. No sleeping quarters or renting of the structure shall be permitted.
9. The proposed swimming pool does not require discretionary review but the
grading does. It will be located on the side of the house and have an infinity edge with
66 square foot water overflow catchment basin, with a not to exceed 3.5' high wall
behind it. The pool equipment area and a gas fireplace are proposed to be located in the
rear setback, which require a Variance.
10. A new 1,450 square foot pool deck is proposed, of which 650 square feet would
be between 6" and 4 feet above grade, and of that 310 square feet would be located in the
rear setback, which requires a Variance. The area underneath the raised deck will be
filled and straddled by up to 4' high retaining wall, which will extend along the deck
and the pool pad, and connect to the cabana. The retaining wall will range in height
from a curb to 4', which on the average will be 2.5'.
11. A 766 square foot detached trellis was constructed without permission or
permits by other than the current owners, of which 251 square feet is located in the rear
setback. Also in the rear setback are located two, 100-square feet each sheds, 21 square
foot BBQ and a service yard, which were also not permitted. The applicants would like
to retain these structures on the lot and have therefore applied for a Variance. If
approved, the applicant will be required to obtain building permits for the BBQ.
ZC No. 893
46.
•
12. A Variance is requested to allow a 1,000 square foot set aside area for a stable and
corral in the front yard area of the lot. As stated earlier, the location and configuration
of the existing residence is such that there is no room to set aside an area for a stable
and corral in the rear or side of the residence and meet the setbacks and distance
requirements.
13. Grading for this project will consist of 320 cubic yards of cut, including 220 cubic
yards from excavation of the pool; and 245 cubic yards of fill, for a total of 565 cubic
yards of dirt, of which 75 will be exported from the pool excavation and 100 cubic yards
will be for overexcavation and recompaction. 180 cubic yards of dirt will be required for
the future stable and corral area, when constructed. The grading will result in 2:1 slopes
behind the pool and cabana, with a small area north of the cabana being 3:1 slopes. The
grading for the future stable shows the resulting slopes at 3:1.
Currently the disturbed area of the lot is 54.5%, which is legal non -conforming; (max.
permitted is 40%); and with the proposed grading for the cabana, pool and future stable
and corral, the disturbance is proposed to be 68.3% of the net lot area, which requires a
Variance. Should the stable and corral be developed, the slope would result in 3:1
gradient. However, the project does not currently qualify for reduction in disturbance,
as it exceeds the threshold for reduction.
14. With the proposed structures and future stable, the structural coverage on the
net lot would be 9,506 square feet or 21.3%; which exceeds the maximum permitted
20%. However, pursuant to Section 17.16.070 of the Zoning Ordinance, deductions of up
to 800 sq.ft. for detached miscellaneous structures (not in setbacks) are allowed.
Therefore, with the deductions of portion of the trellis and water feature, the structural
net lot coverage would be 8,893 square feet or 19.96%.
15. The total lot coverage (structures and hardscape) would be 19,263 square feet or
43.2% of the net lot area, which requires a Variance. Currently the total lot coverage is
36.02%, which slightly exceeds the maximum permitted of 35%.
16. The residential building pad will be 21,660 square feet, and the coverage on the
pad would be 8,433 square feet or 39%; whereas currently the coverage is 37.5%, which
exceeds the 30% coverage guideline. A second building pad will be created at the time a
stable and corral are constructed.
17. Responding to the criteria to be satisfied for granting the CUP and Site Plan
Review, the applicants' representative state in part that the proposed cabana will be
compatible with the uses on other properties, it meets all of the City's development
standards and will be built per building codes and will not have an impact on traffic or
pedestrian circulation. The revised cabana will appear less massive and will be lowered.
The Site Plan Review is required for the structures, walls and grading. The applicants'
representative states that the house is in the rear setback and with the long driveway
ZC No. 893
• •
there isn't other area on the lot to place the proposed improvements. The pool and most
of the deck are not in setbacks, and therefore meet all of the City's requirements. The
disturbance and total coverage on the lot already exceed the maximum permitted,
therefore any improvements would trigger a variance. The previous owners
constructed the trellis and other small structures, and the current owner demolished
one of the trellises already. The cabana and pool are proposed to be located in an area of
the lot that would not cause extensive grading and are proposed in an area that was
partially disturbed previously.
Responding to the criteria to be satisfied for granting of the Variances, the applicants'
representative state in part that the current conditions on the property prevent any
other improvements without having to apply for a Variance for setback encroachment
or for front yard encroachment. Any development in the front yard would be visible
from Eastfield Drive, which the applicants are trying to avoid. The deck and wall in the
rear setback would follow the line of the existing house in the rear setback and not be
more intrusive, as the deck will remain as open space. She states that by locating the
pool equipment in the rear setback, it makes it most distant to any neighbors. Previous
owners constructed the trellis, sheds and BBQ and the current owner would like to keep
those structures and legalize them and obtain building permits. They are located in the
most logical place on the property for distance from neighbors and functionality.
As for the request for Variance for disturbance and total lot coverage, she states that
the lot in its existing condition exceeds these development standards and that any
improvement, including a stable, which is required by the City to be included in the
calculations, whether proposed to be constructed or not, would trigger exceedance of
disturbance and total lot coverage. The slopes for the future stable, if constructed,
would result in a 3:1 grade and blend into the existing terrain; and there will be a small
area of the resulting slope from grading for the cabana that would also be at 3:1 grade.
Therefore, to the maximum extent practicable the grading would not result in steep
slopes.
As for the stable and corral set aside located in the front yard, she states that due to the
location and configuration of the existing residence, there is no other area on the lot to
locate the set aside.
18. RHCA review and approval of the project will be required.
19. The project is exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15303, Class 3 exemption Guidelines.
20. In reviewing a CUP the Planning Commission must find that the use is
consistent with the General Plan and development standards of the City, including
provision for open space and maintaining rural environment and that the use will not
adversely affect adjacent properties. When reviewing a development application for a
Site Plan Review the Planning Commission should consider whether the proposed
project is consistent with the City's General Plan; and for Variances if there are
ZC No. 893
•
•
extraordinary circumstances and hardships that warrant the granting of the variances.
The criteria for making findings are listed below.
ZONING CASE NO. 893
SITE PLAN REVIEW & I EXISTING
VARIANCE
RA-S- 1 SETBACKS
Front: 50 ft. from rd. easmnt. line SINGLE FAMILY RESIDENCE,
Side: 20 ft. from side property line GARAGE & miscl.
Rear: 50 ft. from rear property line improvements
SPR -new structures, grading,
deck and walls;
Variance - encroachment into
setbacks, to exceed max.
permitted disturbance & total lot
coverage; and set aside for future
stable & corral in the front yard;
CUP- cabana
GRADING
Site Plan Review required. Must
be balanced on -site, except for
excavated material
STRUCTURAL LOT
COVERAGE
(20% maximum)
TOTAL LOT COVERAGE
(35% maximum)
BUILDING PAD COVERAGE
(30% maximum -guideline)
Residential
Stable -future
DISTURBED AREA
(40% maximum; any graded
building pad area, any remedial
grading (temporary disturbance),
any graded slopes and building
pad areas, and any non -graded
Residence
Garages
Cabana
Pool/spa
Pool equip.
Stable
Entry -
Service yard
Trellis
BBQ
Sheds
Water ftr.
Fireplace
TOTAL
N/A
16.11%; with deductions
62% w/allowances
19,160 sq.ft. pad w/37.5%
coverage
54.5% previously disturbed
5850 sq.ft.
680 sq.ft.
0 sq.ft
0 sq.ft.
0 sq.ft.
0 sq.ft.
86 sq.ft.
90 sq.ft.
766 sq.ft.
21 sq.ft.
200 sq.ft.
32 sq.ft.
0 sq.ft.
PROPOSED
CABANA, POOL, DECK,
GRADING, RETAINING
WALLS, & miscl.
improvements
Residence
Garages
Cabana
Pool/spa
Pool equip.
Stable -future
Entry
Service yard
Trellis
BBQ
Sheds
Water ftr.
Fireplace
7,725 sq.ft. TOTAL
Total of 565 cy of cut and
fill, incl.140 cy excavation
for pool, to be exported.
180 cy total for future
stable. 75 cy over
excavation and compaction
19.96% or 8,893 of 44,563
s.f. net lot area;
w/ allowances
43.2% or 19,263 sq.ft. of
44,563 sq.ft. net lot area;
with allowances
21,480 sq.ft. pad w/ 8,433
sq.ft. or 39% coverage
5850 sq.ft.
680 sq.ft.
475 sq.ft.
732 sq.ft.
48 sq.ft.
450 sq.ft.
86 sq.ft.
90 sq.ft
766 sq.ft
21 sq.ft.
200 sq.ft.
98 sq.ft.
10 sq.ft.
9,506 sq. ft.
450.sq.ft pad w/100%
coverage
68.3% proposed -
Variance requested
ZC No. 893
area where impervious surfaces
exist.)
STABLE (min. 450 SQ.FT. N/A
& 550 SQ.FT. CORRAL)
STABLE ACCESS
ROADWAY ACCESS
VIEWS
N/A
I Existing driveway
IN/A
PLANTS AND ANIMALS 1N/A
Future 450 sq.ft. and corral
in front yard
Future
I Existing driveway
IPlanning Commission
review
IPlanning Commission
review
VARIANCE REQUIRED 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;
and
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; and
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; and
D. That in granting the variance, the spirit and intent of this title will be observed; and
E. That the variance does not grant special privilege;
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.
ZC No. 893
• •
B. No project which requires site plan review approval shall be approved by
the Commission, or by the City Council on appeal, unless the following findings can be
made:
1. The project complies with and is consistent with the goals and policies of the general
plan and all requirements of the zoning ordinance;
2. The project substantially preserves the natural and undeveloped state of the lot by
minimizing building coverage. Lot coverage requirements are regarded as maximums,
and the actual amount of lot coverage permitted depends upon the existing buildable
area of the lot;
3. The project is harmonious in scale and mass with the site, the natural terrain and
surrounding residences;
4. The project preserves and integrates into the site design, to the greatest extent
possible, existing topographic features of the site, including surrounding native
vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls);
5. Grading has been designed to follow natural contours of the site and to minimize the
amount of grading required to create the building area;
6. Grading will not modify existing drainage channels nor redirect drainage flow, unless
such flow is redirected into an existing drainage course;
7. The project preserves surrounding native vegetation and mature trees and
supplements these elements with drought -tolerant landscaping which is compatible
with and enhances the rural character of the community, and landscaping provides a
buffer or transition area between private and public areas;
8. The project is sensitive and not detrimental to the convenient and safe movement of
pedestrians and vehicles; and
9. The project conforms to the requirements of the California Environmental Quality Act.
CRITERIA FOR APPROVAL OF CONDITIONAL USE PERMIT:
17.42.050 Basis for approval or denial of conditional use permit.
The Commission (and Council on appeal), in acting to approve a conditional use
permit application, may impose conditions as are reasonably necessary to ensure the
project is consistent with the General Plan, compatible with surrounding land use, and
meets the provisions and intent of this title. In making such a determination, the hearing
body shall find that the proposed use is in general accord with the following principles
and standards:
A. That the proposed conditional use is consistent with the General Plan;
B. That the nature, condition and development of adjacent uses, buildings
and structures have been considered, and that the use will not adversely affect or be
materially detrimental to these adjacent uses, building or structures;
C. That the site for the proposed conditional use is of adequate size and
shape to accommodate the use and buildings proposed;
D. That the proposed conditional use complies with all applicable
development standards of the zone district;
E. That the proposed use is consistent with the portions of the Los Angeles
County Hazardous Waste Management Plan relating to siting and siting criteria for
hazardous waste facilities;
F. That the proposed conditional uses observes the spirit and intent of this
title.
ZC No. 893
• •
City ./ Rolling iviiito
TO:
FROM:
APPLICATION NO:
SITE LOCATION:
ZONING/LOT SIZE:
APPLICANT:
REPRESENTATIVE:
PUBLISHED:
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377-7288
Agenda Item No.: 7A
Mtg. Date: 12/15/15
HONORABLE CHAIRMAN AND MEMBERS OF THE
PLANNING COMMISSION
YOLANTA SCHWARTZ, PLANNING DIRECTOR
ZONING CASE NO. 893
66 EASTFIELD DRIVE (LOT 107-EF)
RA-S-1, 1.3 ACRES GROSS
TOM AND DEBI THOMAS
TAVISHA NICHOLSON, BOLTON ENGINEERING
NOVEMBER 5, 2015
REQUEST AND RECOMMENDATION
1. The Planning Commission visited the site in the field earlier today.
2. The applicants have submitted requests for: 1) Conditional Use Permit to
construct a 475 square foot cabana; 2) Site Plan Review for the cabana, for 1,250 square
foot pool deck, of which 650 square feet would be more than 12" above grade, for
higher that 3' retaining walls and grading consisting of 565 cubic yards of dirt, plus
additional 180 cubic yards if a stable is constructed in the future; 3) Variances to
encroach with a portion (330 sq.ft.) of the raised deck, retaining walls, pool equipment
area and fire place into the rear yard setback; to retain previously constructed two
sheds, portion of a trellis and barbeque in the rear yard setback; to exceed the maximum
permitted disturbance of the lot; to exceed the maximum permitted total coverage of the
lot and to set aside an area for a future stable and corral in the front yard area of the lot.
Also proposed is a 632 square foot swimming pool with 100 square foot spa. Although
the spool and spa would not require a discretionary permit and could be approved
administratively, the grading for the location requires a SPR.
3. It is recommended that the Planning Commission review the staff report, take
public testimony and provide direction to staff.
BACKGROUND
4. The subject property, zoned RA-S-1, contains 1.3 acres gross and 44,563 square
feet (1.02 acres) of net lot area. The Building Permits indicate that the subject property
ZC No. 893
0
Printed on Recycled Paper
• •
was originally developed in 1952 with additions approved and constructed in 1985 and
in 1999. Extensive interior remodel was done in 1999 as well as in 2011.
5. None of the previous approvals show an approved set aside area for a stable and
corral. (Set aside is not required for a remodel.) Pursuant to Section 17.18.020 every lot
in the City is required to have a developed stable and corral or set aside area for a
future stable and corral and such requirement is triggered when a proposal is submitted
for a new residence, addition, accessory structures requiring a CUP, or a pool.
The applicants propose a set aside area for a future stable and corral in the front yard
area of the lot, which requires a Variance. The house is situated in such as way that
there is no room for a stable and corral in the rear or side of the house, that would meet
the setback and distance requirements.
6. The property is developed with a 5,850 square foot residence with 680 square
foot garage, 86 square foot entryway, water feature, 766 square foot detached trellis,
barbeque, two-100 square foot each sheds and a service yard. The trellis, BBQ and
sheds are non -permitted and 251 square foot of the trellis, the BBQ and sheds are
located in the rear yard setback. The applicants wish to keep those structures on the
property.
Most of the garage and approximately 1,060 square feet of the residence is located in the
rear yard setback, and are legal non -conforming.
MUNICIPAL CODE REQUIREMENTS
7. A Conditional Use Permit is required for the proposed 475 square foot cabana,
which will be enclosed on three sides and have one side open facing the pool. At the
north end of the cabana, due to the lot configuration, an out of grade condition is
proposed, where the cabana would be 5'out of grade, but not exceed the average of 2.5'
out of grade, which is permitted. The height of the cabana is proposed to be 13'-10 1/2",
except where the 5' out of grade condition occurs, the height would be almost 19' from
finished grade.
At the November meeting, the Planning Commission encouraged the applicant's
engineer to consider reducing the height of the cabana at that one corner. The
applicant did not provide a revised plan and asked that the Commission view
this condition in the field before making any changes.
Section 17.16.210 A2 of the Zoning Ordinance allows cabanas greater than 200
square feet with a CUP as follows:
2. Cabana, pool house or recreation room providing that the following
conditions are met:
a. Shall not exceed eight hundred square feet.
ZC No. 893
J
b. Shall not be located in the front yard or any setback.
c. A kitchenette and sanitary facility consisting of a shower, sink and toilet
shall be permitted.
d. No sleeping quarters or renting of the structure shall be permitted.
8. The proposed swimming pool will be located on the side of the house and have
an infinity edge with 66 square foot water overflow catchment basin, with a not to
exceed 3' high wall behind it. The pool equipment area and a gas fireplace are proposed
to be located in the rear setback, which require a Variance.
9. A new 1,250 square foot pool deck is proposed, of which 650 square feet would be
between 12" and 5 feet above grade, and of that 330 square feet would be located in the
rear setback, which requires a Variance. The area underneath the raised deck will be
filled and straddled by up to 5' high retaining wall, which will extend along the deck
and the pool building pad, and connect to the cabana. The retaining wall will range in
height from a curb to 5', which on the average will be 2.5'.
10. A 766 square foot trellis was constructed without permission or permits by
other than the current owners, of which 251 square feet is located in the rear setback.
Also in the rear setback are located two, 100-square feet each sheds, 21 square foot BBQ
and a service yard, which were also not permitted. The applicants would like to retain
these structures on the lot and have therefore applied for a Variance. If approved, the
applicant will be required to obtain building permits for the BBQ.
11. A Variance is requested to allow a 1,000 square foot set aside area for a stable and
corral in the front yard area of the lot. As stated earlier, the location and configuration
of the existing residence is such that there is no room to set aside an area for a stable
and corral in the rear or side of the residence and meet the setbacks and distance
requirements.
12. Grading for this project will consist of 320 cubic yards of cut, including 140 cubic
yards from excavation of the pool; and 245 cubic yards of fill, for a total of 565 cubic
yards of dirt, of which 140 will be exported from the pool excavation and 100 cubic
yards will be for overexcavation and recompaction. 180 cubic yards of dirt will be
required for the future stable and corral area, when constructed The grading will result
in 2:1 slopes behind the pool and cabana, with a small area north of the cabana being 3:1
slopes. The grading for the future stable shows the resulting slopes at 3:1.
Currently the disturbed area of the lot is 54.5%, which is legal non -conforming; (max.
permitted is 40%); and with the proposed grading for the cabana, pool and future stable
and corral, the disturbance is proposed to be 67.6% of the net lot area, which requires a
Variance. Should the stable and corral be developed, the slope would result in 3:1
gradient. However, the project does not currently qualify for reduction in disturbance,
as it exceeds the threshold for reduction.
ZC No. 893
•
L
13. With the proposed structures and future stable, the structural coverage on the
net lot would be 9,506 square feet or 21.3%; which exceeds the maximum permitted
20%. However, pursuant to Section 17.16.070 of the Zoning Ordinance, deductions of up
to 800 sq.ft. for detached miscellaneous structures (not in setbacks) are allowed.
Therefore, with the deductions of portion of the trellis and water feature, the structural
net lot coverage would be 8,893 square feet or 19.95%.
14. The total lot coverage (structures and hardscape) would be 18,969 square feet or
42.7% of the net lot area, which requires a Variance. Currently the total lot coverage is
35.5%, which slightly exceeds the maximum permitted of 35%.
15. The residential building pad will be 21,480 square feet, and the coverage on the
pad would be 8,433 square feet or 39.3%; whereas currently the coverage is 35%, which
exceeds the 30% coverage guideline. A second building pad will be created at the time a
stable and corral are constructed.
16. Responding to the criteria to be satisfied for granting the CUP and Site Plan
Review, the applicants' representative state in part that the proposed cabana will be
compatible with the uses on other properties, it meets all of the City's development
standards and will be built per building codes and will not have an impact on traffic or
pedestrian circulation. The Site Plan Review is required for the structures, walls and
grading. The applicants' representative states that the house is in the rear setback and
with the long driveway, there isn't other area on the lot to place the proposed
improvements. The pool and most of the deck are not in setbacks, and therefore meet all
of the City's requirements. The disturbance and total coverage on the lot already exceed
the maximum permitted, therefore any improvements would trigger a variance. The
trellis and other small structures were constructed by the previous owners, and the
current owner demolished one of the trellises already. The cabana and pool are
proposed to be located in an area of the lot that would not cause extensive grading and
are proposed in an area that was partially disturbed previously.
Responding to the criteria to be satisfied for granting of the Variances, the applicants'
representative state in part that the current conditions on the property prevent any
other improvements without having to apply for a Variance for setback encroachment
or for front yard encroachment. Any development in the front yard would be visible
from Eastfield Drive, which the applicants are trying to avoid. The deck and wall in the
rear setback would follow the line of the existing house in the rear setback and not be
more intrusive, as the deck will remain as open space. She states that locating the pool
equipment in the rear setback, it makes it most distant to any neighbors. Previous
owners constructed the trellis, sheds and BBQ and the current owner would like to keep
those structures and legalize them and obtain building permits. They are located in the
most logical place on the property for distance from neighbors and functionality.
As for the request for Variance for disturbance and total lot coverage, she states that
the lot in its existing condition exceeds these development standards and that any
improvement, including a stable, which is required by the City to be included in the
CI)
ZC No. 893
• •
calculations, whether proposed to be constructed or not, would trigger exceedance of
disturbance and total lot coverage. The slopes for the future stable, if constructed,
would result in a 3:1 grade and blend into the existing terrain; and there will be a small
area of the resulting slope from grading for the cabana that would also be at 3:1 grade.
Therefore, to the maximum extend practicable the grading would not result in steep
slopes.
As for the stable and corral set aside located in the front yard, she states that due to the
location and configuration of the existing residence, there is no other area on the lot to
locate the set aside.
17. RHCA review and approval of the project will be required.
18. The project is exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15303, Class 3 exemption Guidelines.
19. In reviewing a CUP the Planning Commission must find that the use is
consistent with the General Plan and development standards of the City, including
provision for open space and maintaining rural environment and that the use will not
adversely affect adjacent properties. When reviewing a development application for a
Site Plan Review the Planning Commission should consider whether the proposed
project is consistent with the City's General Plan; and for Variances if there are
extraordinary circumstances and hardships that warrant the granting of the variances.
The criteria for making findings are listed below.
ZONING CASE NO. 893
SITE PLAN REVIEW &
VARIANCE
RA-S- 1 SETBACKS
Front: 50 ft. from rd. easmnt. line
Side: 20 ft. from side property line
Rear: 50 ft. from rear property line
SPR -new structures, grading,
deck and walls;
Variance - encroachment into
setbacks, to exceed max.
permitted disturbance & total lot
coverage; and set aside for future
stable & corral in the front yard;
CUP- cabana
GRADING
ZC No. 893
EXISTING
SINGLE FAMILY
GARAGE & misc
improvements
Residence
Garages
Cabana
Pool/spa
Pool equip.
Stable
Entry -
Service yard
Trellis
BBQ
Sheds
Water ftr.
Fireplace
TOTAL
N/A
RESIDENCE,
1.
5850 sq.ft.
680 sq.ft.
0 sq.ft
0 sq.ft.
0 sq.ft.
0 sq.ft.
86 sq.ft.
90 sq.ft.
766 sq.ft.
21 sq.ft.
200 sq.ft.
32 sq.ft.
0 sq.ft.
7,725 sq.ft.
PROPOSED
CABANA, POOL, DECK,
GRADING, RETAINING
WALLS, & miscl.
improvements
Residence
Garages
Cabana
Pool/spa
Pool equip.
Stable -future
Entry
Service yard
Trellis
BBQ
Sheds
Water ftr.
Fireplace
5850 sq.ft.
680 sq.ft.
475 sq.ft.
732 sq.ft.
48 sq.ft.
450 sq.ft.
86 sq.ft.
90 sq.ft
766 sq.ft
21 sq.ft.
200 sq.ft.
98 sq.ft.
10 sq.ft.
TOTAL 9,506 sq. ft.
Total of 565 cy of cut and
•
•
Site Plan Review required. Must
be balanced on -site.
STRUCTURAL LOT
COVERAGE
(20% maximum)
TOTAL LOT COVERAGE
(35% maximum)
BUILDING PAD COVERAGE
(30% maximum -guideline)
Residential
Stable -future
DISTURBED AREA
(40% maximum; any graded
building pad area, any remedial
grading (temporary disturbance),
any graded slopes and building
pad areas, and any non -graded
area where impervious surfaces
exist.)
STABLE (min. 450 SQ.FT. N/A
& 550 SQ.FT. CORRAL)
STABLE ACCESS N/A
ROADWAY ACCESS Existing driveway
VIEWS N/A
15.95%; with deductions
35.8% w/allowances
19,160 sq.ft. pad w/35.2%
coverage
54.5% previously disturbed
PLANTS AND ANIMALS N/A
fill, incl. 140 cy excavation
for pool, to be exported.
360 cy total for future
stable. 100 cy over
excavation and compaction
19.95% or 8,893 of 44,563
s.f. net lot area;
w/ allowances
42.7% or 19,019 sq.ft. of
44,563 sq.ft. net lot area;
with allowances
21,480 sq.ft. pad w/ 8,433
sq.ft. or 39.3% coverage
1500.sq.ft pad w/30%
coverage
67.6% proposed -
Variance requested
Future 450 sq.ft. and corral
in front yard
Future
Existing driveway
Planning Commission
review
Planning Commission
review
VARIANCE REQUIRED 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;
and
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; and
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; and
D. That in granting the variance, the spirit and intent of this title will be observed; and
E. That the variance does not grant special privilege;
ZC No. 893
• •
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.
ZC No. 893
• •
CRITERIA FOR APPROVAL OF CONDITIONAL USE PERMIT:
17.42.050 Basis for approval or denial of conditional use permit.
The Commission (and Council on appeal), in acting to approve a conditional use
permit application, may impose conditions as are reasonably necessary to ensure the
project is consistent with the General Plan, compatible with surrounding land use, and
meets the provisions and intent of this title. In making such a determination, the hearing
body shall find that the proposed use is in general accord with the following principles
and standards:
A. That the proposed conditional use is consistent with the General Plan;
B. That the nature, condition and development of adjacent uses, buildings
and structures have been considered, and that the use will not adversely affect or be
materially detrimental to these adjacent uses, building or structures;
C. That the site for the proposed conditional use is of adequate size and
shape to accommodate the use and buildings proposed;
D. That the proposed conditional use complies with all applicable
development standards of the zone district;
E. That the proposed use is consistent with the portions of the Los Angeles
County Hazardous Waste Management Plan relating to siting and siting criteria for
hazardous waste facilities;
F. That the proposed conditional uses observes the spirit and intent of this
title.
ZC No. 893
♦
• •
City o/,eerng�a�tc
TO:
FROM:
APPLICATION NO:
SITE LOCATION:
ZONING/LOT SIZE:
APPLICANT:
REPRESENTATIVE:
PUBLISHED:
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377.1521
FAX: (310) 377-7288
Agenda Item No.: 8A
Mtg. Date: 11/17/15
HONORABLE CHAIRMAN AND MEMBERS OF THE
PLANNING COMMISSION
YOLANTA SCHWARTZ, PLANNING DIRECTOR
ZONING CASE NO. 893
66 EASTFIELD DRIVE (LOT 107-EF)
RA-S-1, 1.3 ACRES GROSS
TOM AND DEBI THOMAS
TAVISHA NICHOLSON, BOLTON ENGINEERING
NOVEMBER 5, 2015
REQUEST AND RECOMMENDATION
1. The applicants have submitted requests for: 1) Conditional Use Permit to
construct a 475 square foot cabana; 2) Site Plan Review for the cabana, for 1,250 square
foot pool deck, of which 650 square feet would be more than 12" above grade, for over
3' high retaining walls and grading consisting of 565 cubic yards of dirt, plus additional
180 cubic yards if a stable is constructed in the future; 3) Variances to encroach with a
portion (330 sq.ft.) of the raised deck, retaining walls, pool equipment area and fire
place into the rear yard setback; to retain previously constructed two sheds, portion of a
trellis and barbeque in the rear yard setback; to exceed the maximum permitted
disturbance of the lot; to exceed the maximum permitted total coverage of the lot and to
set aside an area for a future stable and corral in the front yard area of the lot.
Also proposed is a 632 square foot swimming pool with 100 square foot spa.
2. It is recommended that the Planning Commission review the staff report, open
the public hearing, take public testimony and schedule a field trip to view the project.
BACKGROUND
3. The subject property, zoned RA-S-1, contains 1.3 acres gross and 44,563 square
feet (1.02 acres) of net lot area. The Building Permits indicate that the subject property
was originally developed in 1952 with additions approved and constructed in 1985 and
in 1999. Extensive interior remodel was done in 1999 as well as in 2011.
ZC No. 893
Printed on Recycled Paper
• •
4. None of the previous approvals show an approved set aside area for a stable and
corral. (Set aside is not required for a remodel.) Pursuant to Section 17.18.020 every lot
in the City is required to have a developed stable and corral or set aside area for a
future stable and corral and such requirement is triggered when a proposal is submitted
for a new residence, addition, accessory structures requiring a CUP, or a pool.
The applicants propose a set aside area for a future stable and corral in the front yard
area of the lot, which requires a Variance. The house is situated in such as way that
there is no room for a stable and corral in the rear or side of the house, that would meet
the setback and distance requirements.
5. The property is developed with a 5,850 square foot residence with 680 square
foot garage, 86 square foot entryway, water feature, 766 square foot detached trellis,
barbeque, two-100 square foot each sheds and a service yard. The trellis, BBQ and
sheds are non -permitted and 251 square foot of the trellis, the BBQ and sheds are
located in the rear yard setback. The applicants wish to keep those structures on the
property.
Most of the garage and approximately 1,060 square feet of the residence is located in the
rear yard setback, and are legal non -conforming.
MUNICIPAL CODE REQUIREMENTS
6. A Conditional Use Permit is required for the proposed 475 square foot cabana,
which will be enclosed on three sides and have one side open facing the pool. At the
north end of the cabana, due to the lot configuration, an out of grade condition is
proposed, where the cabana would be 5'out of grade, but not exceed the average of 2.5'
out of grade, which is permitted. The height of the cabana is proposed to be 13'-10 1/2",
except where the 5' out of grade condition occurs, the height would be almost 19' from
finished grade.
Section 17.16.210 A2 of the Zoning Ordinance allows cabanas greater than 200
square feet with a CUP as follows:
2. Cabana, pool house or recreation room providing that the following
conditions are met:
a. Shall not exceed eight hundred square feet.
b. Shall not be located in the front yard or any setback.
c. A kitchenette and sanitary facility consisting of a shower, sink and toilet
shall be permitted.
d. No sleeping quarters or renting of the structure shall be permitted.
ZC No. 893
• •
7. The proposed swimming pool will be located on the side of the house and have
an infinity edge with 66 square foot water overflow catchment basin, with a not to
exceed 3' high wall behind it. The pool equipment area and a gas fireplace are proposed
to be located in the rear setback, which require a Variance.
8. A new 1,250 square foot pool deck is proposed, of which 650 square feet would be
between 12" and 5 feet above grade, which requires a Site Plan Review and of that 330
square feet would be located in the rear setback, which requires a Variance. The area
underneath the raised deck will be filled and straddled by up to 5' high retaining wall,
which will extend along the deck and the pool building pad, and connect to the cabana.
The retaining wall will range in height from a curb to 5', which on the average will be
2.5'.
9. A 766 square foot trellis was constructed without permission or permits by other
than the current owners, of which 251 square feet is located in the rear setback. Also in
the rear setback are located two, 100-square feet each sheds, 21 square foot BBQ and a
service yard, which were also not permitted. The applicants would like to retain these
structures on the lot and have therefore applied for a Variance. If approved, the
applicant will be required to obtain building permits for these structures.
10. A Variance is requested to allow. a 1,000 square foot set aside area for a stable and
corral in the front yard area of the lot. As stated earlier, the location and configuration
of the existing residence is such that there is no room to set aside an area for a stable
and corral in the rear or side of the residence and meet the setbacks and distance
requirements.
11. Grading for this project will consist of 320 cubic yards of cut, including 140 cubic
yards from excavation of the pool; and 245 cubic yards of fill, for a total of 565 cubic
yards of dirt, of which 140 will be exported from the pool excavation and 100 cubic
yards will be for overexcavation and recompaction. 180 cubic yards of dirt will be
required for the future stable and corral area, when constructed The grading will result
in 2:1 slopes behind the pool and cabana, with a small area north of the cabana being 3:1
slopes. The grading for the future stable shows the resulting slopes at 3:1.
Currently the disturbed area of the lot is 54.5%, which is legal non -conforming; (max.
permitted is 40%); and with the proposed grading for the cabana, pool and future stable
and corral, the disturbance is proposed to be 67.6% of the net lot area, which requires a
Variance. Should the stable and corral be developed, the slope would result in 3:1
gradient. However, the project does not currently qualify for reduction in disturbance,
as it exceeds the threshold for reduction.
12. With the proposed structures and future stable, the structural coverage on the
net lot would be 9,506 square feet or 21.3%; which exceeds the maximum permitted
20%. However, pursuant to Section 17.16.070 of the Zoning Ordinance, deductions of up
ZC No. 893
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to 800 sq.ft. for detached miscellaneous structures (not in setbacks) are allowed.
Therefore, with the deductions of portion of the trellis and water feature, the structural
net lot coverage would be 8,893 square feet or 19.95%.
13. The total lot coverage (structures and hardscape) would be 18,969 square feet or
42.7% of the net lot area, which requires a Variance. Currently the total lot coverage is
35.5%, which exceeds the maximum permitted of 35%.
14. The residential building pad will be 21,480 square feet, and the coverage on the
pad would be 8,433 square feet or 39.3%; whereas currently the coverage is 35%, which
exceeds the 30% coverage guideline. A second building pad will be created at the time a
stable and corral are constructed.
15. Responding to the criteria to be satisfied for granting the CUP and Site Plan
Review, the applicants' representative state in part that the proposed cabana will be
compatible with the uses on other properties, it meets all of the City's development
standards and will be built pre building codes and will not have an impact on traffic or
pedestrian circulation. The Site Plan Review is required for the structures, walls and
grading. The applicants' representative states that the house is in the rear setback and
with the long driveway, there isn't other area on the lot to place the proposed
improvements. The pool and most of the deck are not in setbacks, and therefore meet all
of the City's requirements. The disturbance and total coverage on the lot already exceed
the maximum permitted, therefore any improvements would trigger a variance. The
trellis and other small structures were constructed by the previous owners, and the
current owner demolished one of the trellises already. The cabana and pool are
proposed to be located in an area of the lot that would not cause extensive grading and
are proposed in an area that was partially disturbed previously.
Responding to the criteria to be satisfied for granting of the Variances, the applicants'
representative state in part that the current conditions on the property prevent any
other improvements without having to apply for a Variance for setback encroachment
or for front yard encroachment. Any development in the front yard would be visible
from Eastfield Drive, which the applicants are trying to avoid. The deck and wall in the
rear setback would follow the line of the existing house in the rear setback and not be
more intrusive, as the deck will remain as open space. She states that locating the pool
equipment in the rear setback, it makes it most distant to any neighbors. Previous
owners constructed the trellis, sheds and BBQ and the current owner would like to keep
those structures and legalize them and obtain building permits. They are located in the
most logical place on the property for distance from neighbors and functionality.
As for the request for Variance for disturbance and total lot coverage, she states that
the lot in its existing condition exceeds these development standards and that any
improvement, including a stable, which is required by the City to be included in the
calculations, whether proposed to be constructed or not, would trigger exceedance of
disturbance and total lot coverage. The slopes for the future stable, if constructed,
ZC No. 893
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would result in a 3:1 grade and blend into the existing terrain; and there will be a small
area of the resulting slope from grading for the cabana that would also be at 3:1 grade.
Therefore, to the maximum extend practicable the grading would not result in steep
slopes.
As for the stable and corral set aside located in the front yard, she states that due to the
location and configuration of the existing residence, there is no other area on the lot to
locate the set aside.
16. RHCA review and approval of the project will be required.
17. The project is exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15303, Class 3 exemption Guidelines.
18. In reviewing a CUP the Planning Commission must find that the use is
consistent with the General Plan and development standards of the City, including
provision for open space and maintaining rural environment and that the use will not
adversely affect adjacent properties. When reviewing a development application for a
Site Plan Review the Planning Commission should consider whether the proposed
project is consistent with the City's General Plan; and for Variances if there are
extraordinary circumstances and hardships that warrant the granting of the variances.
The criteria for making findings are listed below.
ZC No. 893
C�
t,
ZONING CASE NO. 893
SITE PLAN REVIEW &
VARIANCE
RA-S- 1 SETBACKS
Front: 50 ft. from rd. easmnt. line
Side: 20 ft. from side property line
Rear: 50 ft. from rear property line
SPR -new structures, grading,
deck and walls;
Variance - encroachment into
setbacks, to exceed max.
permitted disturbance & total lot
coverage; and set aside for future
stable & corral in the front yard;
CUP- cabana
GRADING
Site Plan Review required if
excavation and/or fill or
combination thereof that is more
than 3 feet in depth and covers
more than 2,000 sq. ft.). Must be
balanced on -site.
STRUCTURAL LOT
COVERAGE
(20% maximum)
TOTAL LOT COVERAGE
(35% maximum)
BUILDING PAD COVERAGE
(30% maximum -guideline)
Residential
Stable -future
DISTURBED AREA
(40% maximum; any graded
building pad area, any remedial
grading (temporary disturbance),
any graded slopes and building
pad areas, and any non -graded
area where impervious surfaces
exist.)
STABLE (min. 450 SQ.FT.
EXISTING
SINGLE FAMILY RESIDENCE,
GARAGE & Miscl.
improvements
Residence
Garages
Cabana
Pool/spa
Pool equip.
Stable
Entry -
Service yard
Trellis
BBQ
Sheds
Water ftr.
Fireplace
TOTAL
N/A
5850 sq.ft.
680 sq.ft.
0 sq.ft
0 sq.ft.
0 sq.ft.
0 sq.ft.
86 sq.ft.
90 sq.ft.
766 sq.ft.
21 sq.ft.
200 sq.ft.
32 sq.ft.
0 sq.ft.
7,725 sq.ft.
15.95%; with deductions
35.8% w/ allowances
19,160 sq.ft. pad w/35.2%
coverage
54.5% previously disturbed
N/A
PROPOSED
POOL, DECK, GRADING,
RETAINING WALLS, &
Miscl. improvements
Residence
Garages
Cabana
Pool/spa
Pool equip.
Stable -future
Entry
Service yard
Trellis
BBQ
Sheds
Water ftr.
Fireplace
5850 sq.ft.
680 sq.ft.
475 sq.ft.
732 sq.ft.
48 sq.ft.
450 sq.ft.
86 sq.ft.
90 sq.ft
766 sq.ft
21 sq.ft.
200 sq.ft.
98 sq.ft.
10 sq.ft.
TOTAL 9,506 so. ft.
Total of 565 cy of cut and
fill, incl. 140 cy excavation
for pool, to be exported.
360 cy total for future
stable. 100 cy over
excavation and compaction
19.95% or 8,893 of 44,563
s.f. net lot area;
w/ allowances
42.7% or 19,019 sq.ft. of
44,563 sq.ft. net lot area;
with allowances
21,480 sq.ft. pad w/ 8,433
sq.ft. or 39.3% coverage
1500.sq.ft pad w/30%
coverage
67.6% proposed -
Variance requested
Future 450 sq.ft. and corral
ZC No. 893
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& 550 SQ.FT. CORRAL)
STABLE ACCESS
ROADWAY ACCESS
VIEWS
N/A
Existing driveway
N/A
PLANTS AND ANIMALS N/A
in front yard
Future
Existing driveway
Planning Commission
review
Planning Commission
review
VARIANCE REQUIRED 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;
and
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; and
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; and
D. That in granting the variance, the spirit and intent of this title will be observed; and
E. That the variance does not grant special privilege;
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.
SILL 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:
ZC No. 893
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1. The project complies with and is consistent with the goals and policies of the general
plan and all requirements of the zoning ordinance;
2. The project substantially preserves the natural and undeveloped state of the lot by
minimizing building coverage. Lot coverage requirements are regarded as maximums,
and the actual amount of lot coverage permitted depends upon the existing buildable
area of the lot;
3. The project is harmonious in scale and mass with the site, the natural terrain and
surrounding residences;
4. The project preserves and integrates into the site design, to the greatest extent
possible, existing topographic features of the site, including surrounding native
vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls);
5. Grading has been designed to follow natural contours of the site and to minimize the
amount of grading required to create the building area;
6. Grading will not modify existing drainage channels nor redirect drainage flow, unless
such flow is redirected into an existing drainage course;
7. The project preserves surrounding native vegetation and mature trees and
supplements these elements with drought -tolerant landscaping which is compatible
with and enhances the rural character of the community, and landscaping provides a
buffer or transition area between private and public areas;
8. The project is sensitive and not detrimental to the convenient and safe movement of
pedestrians and vehicles; and
9. The project conforms to the requirements of the California Environmental Quality Act.
CRITERIA FOR APPROVAL OF CONDITIONAL USE PERMIT:
17.42.050 Basis for approval or denial of conditional use permit.
The Commission (and Council on appeal), in acting to approve a conditional use
permit application, may impose conditions as are reasonably necessary to ensure the
project is consistent with the General Plan, compatible with surrounding land use, and
meets the provisions and intent of this title. In making such a determination, the hearing
body shall find that the proposed use is in general accord with the following principles
and standards:
A. That the proposed conditional use is consistent with the General Plan;
B. That the nature, condition and development of adjacent uses, buildings
and structures have been considered, and that the use will not adversely affect or be
materially detrimental to these adjacent uses, building or structures;
C. That the site for the proposed conditional use is of adequate size and
shape to accommodate the use and buildings proposed;
D. That the proposed conditional use complies with all applicable
development standards of the zone district;
E. That the proposed use is consistent with the portions of the Los Angeles
County Hazardous Waste Management Plan relating to siting and siting criteria for
hazardous waste facilities;
F. That the proposed conditional uses observes the spirit and intent of this
title.
ZC No. 893