Loading...
872, Construct a pool, Staff ReportsA • • see't 01 gee4 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: 05/11/15 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: YOLANTA SCHWARTZ, PLANNING DIRECTO oi THRU: RAYMOND R. CRUZ, CITY MANAGER SUBJECT: RESOLUTION NO. 2015-09. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR SUBSTANTIAL ADDITIONS, AN ABOVE GRADE DECK AND TO LEGALIZE VARIOUS PREVIOUSLY CONSTRUCTED STRUCUTRES; AND A VARIANCE WHERE PORTIONS OF THE ADDITIONS WOULD ENCROACH INTO SETBACKS AND A TRELLIS THAT WOULD ENCROACH INTO REAR SETBACK IN ZONING CASE NO. 872 AT 23 MIDDLERIDGE LANE NORTH, (LOT 2-MR), IN THE OVERLAY ZONING DISTRICT-OZD-1, (HAMMOND). RECOMMENDATION, 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 applicant requests a Site Plan Review and a Variance to construct a 1,040 square foot residence addition, and to legalize a 349 sq.ft. addition that has been previously constructed, but is unpermitted, to construct a 349 square foot basement, a new infinity pool wall, which would not exceed 4'9" and to legalize previously constructed above grade deck. In addition, the applicant requests Variances to encroach with portions of the additions and basement into the side and front yard setbacks and with a 198 sq.ft. trellis into the rear yard setback. A portion of the "as built" unpermitted addition encroaches 4.5' into the side setback and 17'9" into the rear setback. When completed, the residence will be 3,837 square feet and the garage will be ZC NO. 872 0 • • 479 square feet. Also proposed is a 735 square foot infinity swimming pool with 129 square foot pool equipment area to be located under the existing above grade deck. Together with the additions and the swimming pool, the applicant's desire is to legalize and correct the several non -permitted conditions on this lot, which were constructed prior to his purchase of the property. 3. The Planning Commission by a 4-0 vote approved this request and adopted a Resolution of approval with standard findings of facts and conditions of approval, including conditions specific to this case as follows: • Any modification to the project or development on the property that would cause increase in structures, grading, disturbance or coverages shall be reviewed by the Planning Commission • The unpermitted structures shall be legalized and building permits obtained • Should 5,000 square feet or more of existing landscaping be altered or new landscaping introduced, the applicant shall be required to conform to the City of Rolling Hills Water Efficient Landscape Ordinance, Chapter 13.18 of the Municipal Code • The applicant shall remove the shed located in the side setback and the lamppost located on the outdoor kitchen 4. The Planning Commission found that the construction will occur in an area previously graded and disturbed and new earthwork will be confined to excavation only. That the adjacent landscaped areas and reduction in the deck area for the construction of the pool will mitigate the out -of -grade condition and "bulk" of the existing deck and proposed additions. They found that a portion of the addition already exists and does not cause the lot to look overdeveloped. Significant portions of the lot will be left undeveloped so as to maintain open space on the property. They also found that the lot is constrained in that the area feasible for development is located in the front of the lot with steep slopes to the rear and to the sides. There were no comments from members of the public at the public hearings and there has been no objection expressed in writing or orally. BACKGROUND 5. The property is located at the end of a cul-de-sac in the RAS-1 Overlay Zoning District (OZD-1) of the City and is less than one acre in size. The OZD-1 was established within the RAS-1 district to allow modernization, reconstruction or enlargement of homes located on unique lots generally characterized by steep terrain, smaller than typical lots in the City, smaller than typical homes in the City, lots that are divided by a road and lots where redevelopment is difficult due to setback requirements. Properties in the OZD-1 are allowed a reduced front yard setback for locating primary structures including attached garages to 30' from the roadway easement line, ZC NO.872 0 • • (elsewhere in the City the front yard setback is 50' from the roadway easement line). In addition, if the existing residence encroaches into the side yard setback by no more than 10', a reconstructed structure may be located within the same encroachment footprint. However, any new construction must comply with the 20' side yard setback requirement in the RAS-1 zone. Therefore, the applicant is seeking a Variance to encroach with portions of the new additions into the side yard setbacks. 6. The net lot area of this lot is 34,260 square feet. The lot is developed with a 2,802 square foot residence, 491 square foot garage, 188 square foot covered porches, 269 square foot entryway, 152 square foot outdoor kitchen and 659 square foot stable. 349 square feet was added in the late 1990's, by a different owner, without permission or building permits and is partially in the side and rear setbacks. The outdoor kitchen is also non -permitted. 61.8% of the lot is disturbed and no additional disturbance is proposed. The applicant, with this application, requests to legalize the unpermitted structures. The requested addition of 1,389 square feet includes the unpermitted portion of the residence. The new construction will entail converting the existing garage into living space and constructing a new 479 square foot garage, constructing 544 square foot residential addition and 349 square foot basement. The applicant will be required to obtain building permits and have the unpermitted structures inspected by the Building Department. 7. A stable was constructed in late 1980's; although the owners at that time obtained a building permit for the stable, the records show that no inspections were made and the permit expired, with a note on the permit states: "no work done". As part of the approval the Planning Commission requires that a permit be obtained for the stable, the stable inspected and if there are any unsafe building code conditions, that they be rectified. The use of the structure as a stable and/ or permitted uses within the stable must also be verified. The stable takes access from Palos Verdes Drive North over property in the City of Rolling Hills Estates. 8. Portions of the existing residence encroach into the side setbacks, and except for 25 square feet of the unpermitted addition, are legal non -conforming and may remain. The front of the residence is between 34 and 40 feet from the front roadway easement line and is permitted in the OZD-1. Approximately 160 square feet of the proposed garage would meet the 30' front yard setback requirement. 50 square feet of the garage would encroach into the side yard setback and 269 square feet would encroach into the front yard setback and require a variance. The basement is proposed to be within the footprint of the residential addition, however 210 square feet of the addition for both, would encroach ten feet into the side yard setback. MUNICIPAL CODE COMPLIANCE 9. The requested Site Plan Review is necessary due to the proposed additions exceeding the size allowable for administrative approval, which in this case includes the ZC NO. 872 0 • • "as built" addition. The Variance is necessary due to the proposed encroachments into setbacks. 10. The property is located in the Overlay Zone, which allows for reduced front yard setback to 30' from the roadway easement line. 11. The lot is 42,250 square feet (excluding the roadway easement) and the net lot area for development purposes is 34,260 square feet. The proposed structural coverage including the "as built" addition would be 6,773 square feet or 19.8%; with allowed deduction of 120 sq.ft. barbeque, the structural coverage would be 6,653 or 19.4% of the net lot area- (max. allowed 20%). The total coverage (structures and flatwork) would be 10,647 square feet or 31%-(max allowed 35%). 12. The applicants architect states that the area of work was previously graded and disturbed and that no new disturbance will occur. The disturbed area is 61.8%. A total of 320 cubic yards of excavation for the pool and basement is proposed. Most of the dirt will be used on site as backfill and landscaping, .and some will be exported. Pursuant to the City's requirements, dirt from excavation may be exported and may not be spread on the property, as it would constitute grading and disturbance. 13. The proposed pool will have an infinity edge, 4' 9"above grade. 14. The residential building pad is 6,013 square feet, (not in setback), and with the "as built" and proposed additions would have 101.7% coverage; however with the allowable deductions the coverage would be 5,550 square feet or 92.3%. Currently the building pad coverage is 53.3%. The building pad coverage includes structures located on the building pad and those portions of the structures that encroach into setbacks, which are outside of the building pad. 15. There is a bocce court on the lot; it must remain unpaved in order to not to be considered a sports court, which would require a CUP and a Variance because it is partially located in the side setback. REVIEW CRITERIA AND APPLICANTS' TUSTIFICATION 16. When reviewing a Site Plan Review development application the Planning Commission considers whether 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; is in keeping with the desired development pattern and character of the City; and otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills. ZC NO.872 • • When reviewing a Variance application the Planning Commission considers whether the proposed development will be consistent with General Plan and Zoning Ordinance policies and objectives, if there would be detrimental impacts, and whether there is an exceptional circumstance that warrants granting exception to code standards. The applicants' representative has stated the following justifications for approval: • The building pads along Middleridge Lane N. were originally established in setbacks to allow level land to built on before reaching the slopes • This condition is unique to this neighborhood • The proposed structure is consistent in size and massing to other structures in the neighborhood • Property is located in the Overlay Zone, which recognizes hardship conditions on lots • The front of the property will be beautified and more landscape introduced to soften the front yard area • The applicant proposes to legalize several illegal situations on the lot and building permits will be obtained for non -permitted structures • The improvements are blended in aesthetically and the ridge line stays the same to maintain the scale and character of the neighborhood and the additions do not substantially alter the building envelope • No grading or disturbance is proposed • The project preserves the existing vegetation by minimizing grading and the project will be additionally landscaped 17. The Rolling Hills Community Association Architectural Committee will review the project at a later date. 18. The project is exempt from CEQA requirements. ZC NO. 872 ® ZONING CASE NO. 872 SITE PLAN REVIEW & VARIANCE RA-S- 1, OZD-1 ZONE SETBACKS Front: 30 ft. from front easmnt. line Side: 20 ft. from side property line Rear: 50 ft. from rear property line SPR required for additions, exst. above grade deck & pool wall. Variance is required for encroachment into setbacks 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 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. & 550 SQ.FT. CORRAL) STABLE ACCESS ROADWAY ACCESS VIEWS PLANTS AND ANIMALS EXISTING SINGLE FAMILY RESIDENCE & GARAGE Residence Garages Pool/ spa Pool equip. Stable Attch. Porch - Service yard Entryway BBQ TOTAL N/A 12.2% 128% 2448 sq.ft. 491 sq.ft. 0 sq.ft. 0 sq.ft. 659 sq.ft. 188 sq.ft. 0 sq.ft. 269 sq.ft. 152 sq.ft. 4,207 sq.ft. 53.3% Previously disturbed Existing 659 sq.ft. and adj. corral Existing I Existing driveway approach IN/A N/A PROPOSED ADDITIONS, DECK & POOL WALL Residence Garages Pool/spa Pool equip. Stable Attch porch - Service yard Attch. Trellis Entryway BBQ Basement TOTAL 320 cubic yards for pool and basement excavation 3837 sq.ft. 479 sq.ft. 735 sq.ft. 129 sq.ft. 659 sq.ft. 245 sq.ft. 96 sq.ft 198 sq.ft 2 65 sq.ft 130 sq.ft. 349 sq.ft. 6,773 sq. ft. 19.4% of 34,260 s.f. net lot area w/ allowances 31% or 10,647 sq.ft. 34,260 sq.ft. net lot area 92.3% of 6,013 sq.ft. pad w/ allowed deductions Previously disturbed at 61.8% Existing 659 sq.ft. and adj. corral Existing from PV Dr. N. Existing driveway approach Planning Commission condition Planning Commission condition ZC NO. 872 0 • • HOMES IN VICINITY: Address 9 Middleridge Ln.N 11 Middleridge Ln.N 15 Middleridge Ln.N 17 Middleridge Ln.N 19 Middleridge Ln. N. 21 Middleridge Ln. N. 22 Middleridge Ln. N 23 Middleridge Ln. N. Lot size (excl. road easement) 49,600 sq.ft. 50,530 sq.ft. 44,000 sq.ft. 49,220 sq.ft. 49,220 sq.ft. 53,140 sq.ft. 37,030 sq.ft. 42,250 sq.ft. SITE PLAN REVIEW CRITERIA House size 2,937 sq.ft. 3,960 sq.ft. 3,101 sq.ft. 3,160 sq.ft. 2,728 sq.ft 3,777 sq. ft. 2,257 sq.ft. Proposed: 3,837 sq.ft. 11.46.010 Purpose. The site plan review process is established to provide discretionary review of certain development projects in the City for the purposes of ensuring that the proposed project is consistent with the City's General Plan; incorporates environmentally and aesthetically sensitive grading practices; preserves existing mature vegetation; is compatible and consistent with the scale, massing and development pattern in the immediate project vicinity; and otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills. 11.46.050 Required findings. A. The Commission shall be required to make findings in acting to approve, conditionally approve, or deny a site plan review application. B. No project which requires site plan review approval shall be approved by the Commission, or by the City Council on appeal, unless the following findings can be made: 1. The project complies with and is consistent with the goals and policies of the general plan and all requirements of the zoning ordinance; 2. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. Lot coverage requirements are regarded as maximums, and the actual amount of lot coverage permitted depends upon the existing buildable area of the lot; 3. The project is harmonious in scale and mass with the site, the natural terrain and surrounding residences; 4. The project preserves and integrates into the site design, to the greatest extent possible, existing topographic features of the site, including surrounding native vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls); 5. Grading has been designed to follow natural contours of the site and to minimize the amount of grading required to create the building area; 6. Grading will not modify existing drainage channels nor redirect drainage flow, unless such flow is redirected into an existing drainage course; 7. The project preserves surrounding native vegetation and mature trees and supplements these elements with drought -tolerant landscaping which is compatible with and enhances the rural character of the community, and landscaping provides a buffer or transition area between private and public areas; 8. The project is sensitive and not detrimental to the convenient and safe movement of pedestrians and vehicles; and 9. The project conforms to the requirements of the California Environmental Quality Act. ZC NO. 872 0 • i CRITERIA FOR VARIANCES 17.38.050 Required findings. In granting a variance, the Commission (and Council on appeal) must make the following findings: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; D. That in granting the variance, the spirit and intent of this title will be observed; E. That the variance does not grant special privilege to the applicant; F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and G. That the variance request is consistent with the general plan of the City of Rolling Hills. SOURCE: ROLLING HILLS MUNICIPAL CODE ZC NO.872 0 RESOLUTION NO. 2015-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR SUBSTANTIAL ADDITIONS, AN ABOVE GRADE DECK AND TO LEGALIZE VARIOUS PREVIOUSLY CONSTRUCTED STRUCUTRES; AND A VARIANCE WHERE PORTIONS OF THE ADDITIONS WOULD ENCROACH INTO SETBACKS AND A TRELLIS THAT WOULD ENCROACH INTO REAR SETBACK IN ZONING CASE NO. 872 AT 23 MIDDLERIDGE LANE NORTH, (LOT 2-MR), IN THE OVERLAY ZONING DISTRICT-OZD-1, (HAMMOND). 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. Hammond with respect to real property located at 23 Middleridge Lane North, Rolling Hills (Lot 2-MR) requesting a Site Plan Review and a Variance to construct a 1,389 square foot residence addition, of which 349 sq.ft. has been previously constructed, but is unpermitted, a 349 square foot basement, unpermitted previously constructed above grade deck and infinity pool wall not to exceed 4'9" and Variances to encroach with portions of the additions and basement into the side and front yard setbacks and with a 198 sq.ft. trellis into the rear yard setback. A portion of the "as built" unpermitted addition encroaches 4.5' into the side setback and 17'9" into the rear setback. When completed, the residence will be 3,837 square feet and the garage will be 479 square feet. Also proposed is a 735 square foot infinity swimming pool with 129 square foot pool equipment area to be located under an existing unpermitted above grade deck. Together with the additions and the swimming pool, the applicant's desire is to legalize and correct the several non -permitted conditions on this lot, which were constructed prior to his purchase of the property. Section 2. The Planning Commission conducted duly noticed public hearings to consider the application on February 17, and March 17, 2015 and at a field trip to the property on March 17, 2015. The applicants were notified of the public hearings in writing by first class mail. Evidence was heard from all persons interested in affecting said proposal and from members of the City staff. The Planning Commission reviewed, analyzed and studied said proposal. The applicant and his representatives were in attendance at the regular meetings of the Planning Commission. No comments, pro or against, were received from the neighbors. Section 3. The property is located at the end of a cul-de-sac in the RAS-1 Overlay Zoning District (OZD-1) of the City and is less than one acre in size, (the net lot area of this lot is 34,260 square feet). The OZD-1 was established within the RAS-1 ZC No. 872 la • • zoning district to allow modernization, reconstruction or enlargement of homes located on unique lots generally characterized by steep terrain, smaller than typical lots in the City, smaller than typical homes in the City, lots that are divided by a road and lots where redevelopment is difficult due to setback requirements. Properties in the OZD-1 are allowed a reduced front yard setback for locating primary structures including attached garages to 30' from the roadway easement line, (elsewhere in the City the front yard setback is 50' from the roadway easement line). In addition, an existing encroachment of not more than 10' into the side setback may be reconstructed; however, any new construction must comply with the 20' side yard setback requirement. Section 4. The Planning Commission finds that the project qualifies as a Class 3 Exemption, pursuant to Section 15303 of the CEQA (California Environmental Quality Act) Guidelines and is therefore categorically exempt from environmental review. Section 5. Section 17.46.030 of the Zoning Ordinance requires a development plan to be submitted for Site Plan Review and approval before any structure, (with exceptions), may be constructed, which includes above grade decks. Section 17.46.020.A.3 requires Site Plan Review for an addition exceeding 999 square feet. With respect to the Site Plan Review applications for the improvements subject to the requirements of the above listed Sections of the Zoning Ordinance, the Planning Commission makes the following findings of fact: A. The proposed development is compatible with the General Plan and surrounding uses because the proposed project complies with the General Plan requirement of low profile, low -density residential development with sufficient open space between surrounding structures. The construction will occur in an area previously graded and disturbed and new earthwork will be confined to excavation for new foundations only, and to functionally integrate the new swimming pool with the existing above grade deck. The deck will be decreased in size to accommodate the swimming pool, however the pool equipment area will be located within the existing above grade portion of the deck. Adjacent landscaped areas and reduction in the deck area for the construction of the pool will mitigate the out -of -grade condition and "bulk" of the existing deck and proposed additions. The front addition will utilize the allowance for reduced setback; however the side additions and the existing non - permitted addition would encroach into the side and rear setbacks. B. The development plan substantially preserves the natural and undeveloped state of the lot because no grading is required and the design and location of the addition follows the line of existing development or, where permissible takes advantage of the reduced front yard setback. The as built deck will be reduced in size and a portion of the addition already exists and does not cause the lot to look overdeveloped. Significant portions of the lot will be left undeveloped so as to maintain open space on the ZC No. 872 • • property. The nature, condition, and development of adjacent uses, buildings, and structures and the topography of the lot have been considered, and 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 shrubs and trees and is of sufficient distance from nearby residences so that the proposed project will not impact the view or privacy of surrounding neighbors. 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, OZD-1 similarly zoned neighborhood. The proposed project entails additions of a garage and living area with a basement, a trellis, swimming pool, pool equipment are, service yard, all of which are common improvements throughout the City. The project site, with the development, will be within the allowed total coverage of the lot (31.0% proposed/35% maximum). D. The development plan generally follows natural contours of the site to the maximum extend practicable to accomplish groomed and usable areas of the lot. Natural drainage courses will not be affected by the project. No 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%. E. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles because the proposed development will utilize the existing driveway approach but the driveway into the garage will be improved. F. The project conforms to the requirements of the California Environmental Quality Act (CEQA) and is exempt pursuant to Section 15303 of the CEQA Guidelines. G. The project preserves much of the existing vegetation and mature trees and will supplement these elements with drought -tolerant landscaping. A landscaping plan will be filed with the City. Section 6. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code permit approval of a Variance from the standards and requirements of the Zoning Ordinance when exceptional or extraordinary circumstances applicable to the property and not applicable to other similar properties in the same zone prevent the owner from making use of a parcel of property to the same extent enjoyed by similar properties in the same vicinity. A Variance to Section 17.17.030 is required because it states that every lot in the RAS-1, OZD-1 zone shall have a front setback of not less than 30 feet from the roadway easement and for new construction, 20 feet from the side property line; Section 17.16.060 states that the rear setback shall be 50' from the property line or roadway easement line, if the easement is developed with a street. The applicants request a ZC No. 872 • • Variance to construct several additions that would encroach up to 10 feet into the side setbacks, and up to 24' into the reduced front setback. With respect to this request for a Variance, the Planning Commission finds as follows: A. There are exceptional and extraordinary circumstances and conditions applicable to this property that do not apply generally to other properties or class of uses in the same zone because the configuration of the existing structure, which encroaches into the setbacks, prevent further expansion, except into the setback. In addition the proposed encroachment would follow the limits of the structure in the side of the property. The lot is constrained in that the area feasible for development is located in the front of the lot with steep slopes to the rear and to the sides. The Commission further finds that the configuration of the existing residence and interior layout of the residence creates a hardship to improving the property. B. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity and zone, but which is denied to the property in question. Strict application of the Zoning Ordinance would deprive the property owner of the right and benefits enjoyed by similarly situated properties in the same zone. The encroachment permits the use of the lot to the extent allowed for other properties with similar lot configurations. The encroachment will be along the line of the current encroachment of the residence. The property is located in the Overlay District of the City, where it has been determined the lots are difficult to develop due to their configuration, size or steepness, and therefore the front setbacks were reduced. 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 zone in which the property is located. Development in the front setback is minimal and is in line with the existing side setback encroachment. The encroachment into the rear setback exists and the applicant requests to legalize it and obtain a permit. The structural lot coverage and the total impervious lot coverage are within the requirements of the City. The area of addition would not impair views. D. In granting of the Variance the spirit and intent of the Zoning Ordinance will be observed in that the proposed addition will be orderly, attractive and shall protect the rural character of the community. The proposed addition will not encroach into potentially future equestrian uses on the property. A suitable stable and corral area exists on the site. 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 structural lot coverage and the total impervious lot coverage are within the requirements of the City. ZC No. 872 • • F. 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. Section 7. Based upon the foregoing findings the Planning Commission hereby approves the Site Plan Review and_ Variance application in Zoning Case No. 872 for as built above grade deck, a pool wall, which exceeds 3' in height and substantial additions, including 349 square foot previously, constructed additions subject to the following conditions: A. The conditions of approval specified herein shall be printed on all construction plans and shall be available at the construction site at all times. B. The Site Plan Review and Variance approvals 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 17.46.080(A) and 17.38.070(A) of the Rolling Hills Municipal Code, or the approval granted is otherwise extended pursuant to the requirements of those sections. C. 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 hereunder shall lapse; provided that the applicants have been given written notice to cease such violation, the opportunity for a hearing has been provided, and if requested, has been held, and thereafter the applicant fails to correct the violation within a period of thirty (30) days from the date of the City's determination. D. 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, unless otherwise set forth in this approval, or shown otherwise on an approved plan. All existing overhead utility lines serving the subject property shall be undergrounded pursuant to Section 17.27.030. E. The lot shall be developed and maintained in substantial conformance with the site plan on file dated March 11, 2015 and March 17, 2015. Prior to submittal of final working drawings to the Building and Safety Department for issuance of grading and/or building permits, the plans for the project shall be submitted to City staff for verification that the final plans are in compliance with the plans approved by the Planning Commission. F. 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 all of the conditions set forth therein and the City's Building Code and Zoning Ordinance. ZC No. 872 • • Further, the person obtaining a building and/ or grading permit for this project shall execute a Certificate of Construction stating that the project will be constructed according to this Resolution and any plans approved therewith. G. The project must be reviewed and approved by the Rolling Hills Community Association (RHCA). H. There shall be no grading for the project except excavation and grade earthwork to functionally integrate the new addition into the existing topography. The basement light well wall shall not be exposed more than 5' above the natural grade, and there shall be a minimum 4' wide walkable walkway around the entire structure, which does not have to be paved. I. Structural lot coverage shall not exceed 6,773 square feet or 19.4% of the net lot area, in conformance with the zoning ordinance limit of 20%. J. Total lot coverage of structures and paved areas shall not exceed 10,647 square feet, or 31%, which is in conformance with the zoning ordinance limit of 35%. K. The new infinity pool wall shall not exceed 4'9" in height. L. The disturbance of the net lot area shall not exceed 21,172 square feet of surface area or 61.8%, which was previously disturbed. M. Residential building pad coverage on the 6,013 square feet residential building pad shall not exceed 92.3%, which includes the allowable encroachment into the reduced front yard setback. N. Should 5,000 square feet or more of existing landscaping be altered or new landscaping introduced, the applicant shall be required to conform to the City of Rolling Hills Water Efficient Landscape Ordinance, Chapter 13.18 of the Municipal Code. The applicant shall submit to the City two copies of a landscaping and irrigation plan and water usage certification prior to obtaining grading permit. Within 90-days of completion of the construction of the project, the applicant shall submit a landscaping compliance certification. O. All backfilled areas shall be vegetated utilizing to the greatest extent feasible mature native and drought resistant plants. Plants shall be utilized, which are consistent with the rural character of the community and meet the fire department requirements for fire resistant plants. Any trees and shrubs used in the landscaping scheme for this project shall be planted in a way that will not result in a hedge like screening and as not to impair views of neighboring properties but to screen the project site. ZC No. 872 • • P. Pursuant to Section 17.17.030, 60% of the front yard area shall be landscaped, as defined in Section 17.12.250 of the Zoning Ordinance. Q. The existing bocce court may not be paved or altered. Plans shall be submitted and construction permits obtained from the Building and Safety Department for the existing unpermitted addition, outdoor entertainment/kitchen area, the deck and the stable in conjunction with the construction of the proposed improvements. The applicant shall remove the shed located in the side setback and the lamppost located on the outdoor kitchen. R. Minimum of 50% of the construction material spoils shall be recycled and diverted. The hauler shall provide the appropriate documentation to the City. S. There shall be no dumping of any debris, trash, soil spoils, construction materials or any other matter anywhere on the property. Further, perimeter easements and trails shall remain free and clear of any improvements including, but not be limited to, driveways, fences -including construction fences, grading, landscaping, irrigation and drainage devices, play equipment, parked vehicles, building materials, debris and equipment, except if permitted by the Rolling Hills Community Association. No encroachment of any sort shall be permitted on the City of Rolling Hills Estates roadway easement, unless permitted by said City. T. 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. U. During construction, trucks shall not park, queue and/or idle at the project site or in the adjoining right-of-way before or after the permitted hours of operations. To the maximum extent possible, staging of equipment and parking of vehicles during construction shall be on site. V. If required by the City's drainage engineer, the applicant shall submit a detailed drainage plan. This project may be subject to the requirements of the City's Low Impact Development portion of the Storm Water Management and Pollution Control ordinance triggered where 10,000 square feet or more of impervious surface is reconstructed or added and/or the project is deemed hillside development. W. No drainage device may be located in such a manner as to contribute to erosion or in any way affect an easement, trail or adjacent properties. The energy dissipaters, if required, shall be designed in such a manner as to not cross over any equestrian trails or easements. The drainage system(s) shall not discharge water onto a ZC No. 872 • • trail, shall incorporate earth tone colors, including in the design of the dissipater and shall be screened from any trail and neighbors views to the maximum extent practicable, without impairing the function of the drainage system. X. The property owners shall be required to conform to the Regional Water Quality Control Board and County Public Works Department requirements for the installation and post construction maintenance of stormwater drainage facilities. Y. The property owners shall comply with the. LA County Public Health Department requirements pertaining to septic sewer systems. Z. During construction, conformance with the air quality management district requirements shall be complied with, so that people or property are not exposed to undue vehicle trips, noise, dust, and objectionable odors. AA. The property owners shall be required to conform to the Regional Water Quality Control Board and County Public Works Department Best Management Practices (BMPs) related to solid waste and storm water management, including erosion control measures. AB. The property owner and/or his/her contractor/applicant shall be responsible for compliance with the no -smoking provisions in the Municipal Code. AC. 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. AD. The property on which the project is located shall contain a stable and corral or a set aside area to provide an area meeting all standards for a stable, corral with access thereto. AE. 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 structural development shall require the filing of a new application for approval by the Planning Commission. AF. Until the applicants execute and record an Affidavit of Acceptance of all conditions of this Site Plan Review and Variances approvals, as required by the Municipal Code, the approvals shall not be effective. ZC No. 872 8 8 • • AG. All conditions of the Site Plan Review and Variance approvals, that apply, shall be complied with prior to the issuance of building permit. PASSED, APPROVED AND ADOPTED THIS 21st DAY OF APRIL 2015. 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. ZC No. 872 9 g • • STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS I certify that the foregoing Resolution No. 2015-09 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR SUBSTANTIAL ADDITIONS, AN ABOVE GRADE DECK AND TO LEGALIZE PREVIOUSLY CONSTRUCTED VARIOUS STRUCUTRES; AND A VARIANCE WHERE PORTIONS OF THE ADDITIONS WOULD ENCROACH INTO SETBACKS AND A TRELLIS THAT WOULD ENCROACH INTO REAR SETBACK IN ZONING CASE NO. 872 AT 23 MIDDLERIDGE LANE NORTH, (LOT 2-MR), IN THE OVERLAY ZONING DISTRICT-OZD-1, (HAMMOND). was approved and adopted at a regular meeting of the Planning Commission on April 21, 2015 by the following roll call vote: AYES: Commissioners Gray, Kirkpatrick, Smith and Chairman Chelf. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. cliellidra) HEIDI LUCE CITY CLERK ZC No. 872 10 w. TO: FROM: APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: NOTICE PUBLISHED: BACKGROUND • al Ra afrio qe eii INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No.: 6D Mtg. Date: 4-21-15 HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR ZONING CASE NO. 872 23 MIDDERIDGE LANE NORTH (LOT 2-MR) RA-S-1, OVERLAY ZONE (OZD-1); 0.97 ACRES MR. ROB HAMMOND ENVIROTECHNO ARCHITECTURE FEBRUARY 5, 2015 1. The applicant requests a Site Plan Review for 1,389 square foot residence addition, of which 349 sq.ft. has been previously constructed, but is unpermitted, a 349 square foot basement, an unpermitted previously constructed above grade deck and infinity pool wall not to exceed 4'9" and Variances to encroach with portions of the additions and basement into the side and front yard setbacks and with a 198 sq.ft. trellis into the rear yard setback. A portion of the "as built" unpermitted addition encroaches 4.5' into the side setback and 17'9" into the rear setback. When completed, the residence will be 3,837 square feet and the garage will be 479 square feet. The existing 491 square foot garage will be converted to living space and a new garage constructed. Also proposed is a 735 square foot infinity swimming pool with 129 square foot pool equipment area to be located under an existing unpermitted above grade deck. Together with the additions and the swimming pool, the applicant's desire is to legalize and correct the several non -permitted conditions on this lot, which were constructed prior to his purchase of the property. 2. The property is located at the end of a cul-de-sac in the RAS-1 Overlay Zoning District (OZD-1) of the City and is less than one acre in size. The OZD-1 was established within the RAS-1 district to allow modernization, reconstruction or enlargement of homes ZC NO.872 23 Middleridge Ln. N. • • located on unique lots generally characterized by steep terrain, smaller than typical lots in the City, smaller than typical homes in the City, lots that are divided by a road and lots where redevelopment is difficult due to setback requirements. Properties in the OZD-1 are allowed a reduced front yard setback for locating primary structures including attached garages of 30' from the roadway easement line, (elsewhere in the City the front yard setback is 50' from the roadway easement line). However, any new construction must comply with the 20' side yard setback requirement. Other requirements of this zone include: only one driveway is permitted and 60% of the front yard area must be landscaped (Chapter 17.17 of the Zoning Ordinance). 3. The Planning Commission at their March 17, 2015 meeting directed staff to prepare a Resolution to approve the project with conditions. The attached Resolution No. 2015-09 contains standard findings of facts and conditions of approval, including conditions specific to this case as follows: • Any modification to the project or development on the property that would cause increase in structures, grading, disturbance or coverages shall be reviewed by the Planning Commission • The unpermitted structures shall be legalized and building permits obtained • The backfill areas shall be vegetated • Should 5,000 square feet or more of existing landscaping be altered or new landscaping introduced, the applicant shall be required to conform to the City of Rolling Hills Water Efficient Landscape Ordinance, Chapter 13.18 of the Municipal Code • The applicant shall remove the shed located in the side setback and the lamppost located on the outdoor kitchen It is recommended that the Planning Commission consider the Resolution to approve the project. ZC NO.872 23 Middleridge Ln. N. • • RESOLUTION NO. 2015-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR SUBSTANTIAL ADDITIONS, AN ABOVE GRADE DECK AND TO LEGALIZE PREVIOUSLY CONSTRUCTED VARIOUS STRUCUTRES; AND A VARIANCE WHERE PORTIONS OF THE ADDITIONS WOULD ENCROACH INTO SETBACKS AND A TRELLIS THAT WOULD ENCROACH INTO REAR SETBACK IN ZONING CASE NO. 872 AT 23 MIDDLERIDGE LANE NORTH, (LOT 2-MR), IN THE OVERLAY ZONING DISTRICT-OZD-1, (HAMMOND). 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. Hammond with respect to real property located at 23 Middleridge Lane North, Rolling Hills (Lot 2-MR) requesting a Site Plan Review and a Variance to construct a 1,389 square foot residence addition, of which 349 sq.ft. has been previously constructed, but is unpermitted, a 349 square foot basement, unpermitted previously constructed above grade deck and infinity pool wall not to exceed 4'9" and Variances to encroach with portions of the additions and basement into the side and front yard setbacks and with a 198 sq.ft. trellis into the rear yard setback. A portion of the "as built" unpermitted addition encroaches 4.5' into the side setback and 17'9" into the rear setback. When completed, the residence will be 3,837 square feet and the garage will be 479 square feet. Also proposed is a 735 square foot infinity swimming pool with 129 square foot pool equipment area to be located under an existing unpermitted above grade deck. Together with the additions and the swimming pool, the applicant's desire is to legalize and correct the several non -permitted conditions on this lot, which were constructed prior to his purchase of the property. Section 2. The Planning Commission conducted duly noticed public hearings to consider the application on February 17, and March 17, 2015 and at a field trip to the property on March 17, 2015. The applicants were notified of the public hearings in writing by first class mail. Evidence was heard from all persons interested in affecting said proposal and from members of the City staff. The Planning Commission reviewed, analyzed and studied said proposal. The applicant and his representatives were in attendance at the regular meetings of the Planning Commission. No comments, pro or against, were received from the neighbors. Section 3. The property is located at the end of a cul-de-sac in the RAS-1 Overlay Zoning District (OZD-1) of the City and is less than one acre in size, (the net lot area of this lot is 34,260 square feet). The OZD-1 was established within the RAS-1 ZC No. 872 C3D • • ti zoning district to allow modernization, reconstruction or enlargement of homes located on unique lots generally characterized by steep terrain, smaller than typical lots in the City, smaller than typical homes in the City, lots that are divided by a road and lots where redevelopment is difficult due to setback requirements. Properties in the OZD-1 are allowed a reduced front yard setback for locating primary structures including attached garages to 30' from the roadway easement line, (elsewhere in the City the front yard setback is 50' from the roadway easement line). In addition, an existing encroachment of not more than 10' into the side setback may be reconstructed; however, any new construction must comply with the 20' side yard setback requirement. Section 4. The Planning Commission finds that the project qualifies as a Class 3 Exemption, pursuant to Section 15303 of the CEQA (California Environmental Quality Act) Guidelines and is therefore categorically exempt from environmental review. Section 5. Section 17.46.030 of the Zoning Ordinance requires a development plan to be submitted for Site Plan Review and approval before any structure, (with exceptions), may be constructed, which includes above grade decks. Section 17.46.020.A.3 requires Site Plan Review for an addition exceeding 999 square feet. With respect to the Site Plan Review applications for the improvements subject to the requirements of the above listed Sections of the Zoning Ordinance, the Planning Commission makes the following findings of fact: A. The proposed development is compatible with the General Plan and surrounding uses because the proposed project complies with the General Plan requirement of low profile, low -density residential development with sufficient open space between surrounding structures. The construction will occur in an area previously graded and disturbed and new earthwork will be confined to excavation for new foundations only, and to functionally integrate the new swimming pool with the existing above grade deck. The deck will be decreased in size to accommodate the swimming pool, however the pool equipment area will be located within the existing above grade portion of the deck. Adjacent landscaped areas and reduction in the deck area for the construction of the pool will mitigate the out -of -grade condition and "bulk" of the existing deck and proposed additions. The front addition will utilize the allowance for reduced setback; however the side additions and the existing non - permitted addition would encroach into the side and rear setbacks. B. The development plan substantially preserves the natural and undeveloped state of the lot because no grading is required and the design and location of the addition follows the line of existing development or, where permissible takes advantage of the reduced front yard setback. The as built deck will be reduced in size and a portion of the addition already exists and does not cause the lot to look overdeveloped. Significant portions of the lot will be left undeveloped so as to maintain open space on the ZC No. 872 • • property. The nature, condition, and development of adjacent uses, buildings, and structures and the topography of the lot have been considered, and 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 shrubs and trees and is of sufficient distance from nearby residences so that the proposed project will not impact the view or privacy of surrounding neighbors. 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, OZD-1 similarly zoned neighborhood. The proposed project entails additions of a garage and living area with a basement, a trellis, swimming pool, pool equipment are, service yard, all of which are common improvements throughout the City. The project site, with the development, will be within the allowed total coverage of the lot (31.0% proposed/35% maximum). D. The development plan generally follows natural contours of the site to the maximum extend practicable to accomplish groomed and usable areas of the lot. Natural drainage courses will not be affected by the project. No 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%. E. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles because the proposed development will utilize the existing driveway approach but the driveway into the garage will be improved. F. The project conforms to the requirements of the California Environmental Quality Act (CEQA) and is exempt pursuant to Section 15303 of the CEQA Guidelines. G. The project preserves much of the existing vegetation and mature trees and will supplement these elements with drought -tolerant landscaping. A landscaping plan will be filed with the City. Section 6. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code permit approval of a Variance from the standards and requirements of the Zoning Ordinance when exceptional or extraordinary circumstances applicable to the property and not applicable to other similar properties in the same zone prevent the owner from making use of a parcel of property to the same extent enjoyed by similar properties in the same vicinity. A Variance to Section 17.17.030 is required because it states that every lot in the RAS-1, OZD-1 zone shall have a front setback of not less than 30 feet from the roadway easement and for new construction, 20 feet from the side property line; Section 17.16.060 states that the rear setback shall be 50' from the property line or roadway easement line, if the easement is developed with a street. The applicants request a '✓ ZC No. 872 3 • • Variance to construct several additions that would encroach up to 10 feet into the side setbacks, and up to 24' into the reduced front setback. With respect to this request for a Variance, the Planning Commission finds as follows: A. There are exceptional and extraordinary circumstances and conditions applicable to this property that do not apply generally to other properties or class of uses in the same zone because the configuration of the existing structure, which encroaches into the setbacks, prevent further expansion, except into the setback. In addition the proposed encroachment would follow the limits of the structure in the side of the property. The lot is constrained in that the area feasible for development is located in the front of the lot with steep slopes to the rear and to the sides. The Commission further finds that the configuration of the existing residence and interior layout of the residence creates a hardship to improving the property. B. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity and zone, but which is denied to the property in question. Strict application of the Zoning Ordinance would deprive the property owner of the right and benefits enjoyed by similarly situated properties in the same zone. The encroachment permits the use of the lot to the extent allowed for other properties with similar lot configurations. The encroachment will be along the line of the current encroachment of the residence. The property is located in the Overlay District of the City, where it has been determined the lots are difficult to develop due to their configuration, size or steepness, and therefore the front setbacks were reduced. 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 zone in which the property is located. Development in the front setback is minimal and is in line with the existing side setback encroachment. The encroachment into the rear setback exists and the applicant requests to legalize it and obtain a permit. The structural lot coverage and the total impervious lot coverage are within the requirements of the City. The area of addition would not impair views. D. In granting of the Variance the spirit and intent of the Zoning Ordinance will be observed in that the proposed addition will be orderly, attractive and shall protect the rural character of the community. The proposed addition will not encroach into potentially future equestrian uses on the property. A suitable stable and corral area exists on the site. 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 structural lot coverage and the total impervious lot coverage are within the requirements of the City. ZC No. 872 F. 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. Section 7. Based upon the foregoing findings the Planning Commission hereby approves the Site Plan Review and Variance application in Zoning Case No. 872 for as built above grade deck, a pool wall, which exceeds 3' in height and substantial additions, including 349 square foot previously, constructed additions subject to the following conditions: A. The conditions of approval specified herein shall be printed on all construction plans and shall be available at the construction site at all times. B. The Site Plan Review and Variance approvals 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 17.46.080(A) and 17.38.070(A) of the Rolling Hills Municipal Code, or the approval granted is otherwise extended pursuant to the requirements of those sections. C. 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 hereunder shall lapse; provided that the applicants have been given written notice to cease such violation, the opportunity for a hearing has been provided, and if requested, has been held, and thereafter the applicant fails to correct the violation within a period of thirty (30) days from the date of the City's determination. D. 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, unless otherwise set forth in this approval, or shown otherwise on an approved plan. All existing overhead utility lines serving the subject property shall be undergrounded pursuant to Section 17.27.030. E. The lot shall be developed and maintained in substantial conformance with the site plan on file dated March 11, 2015 and March 17, 2015. Prior to submittal of final working drawings to the Building and Safety Department for issuance of grading and/or building permits, the plans for the project shall be submitted to City staff for verification that the final plans are in compliance with the plans approved by the Planning Commission. F. 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 all of the conditions set forth therein and the City's Building Code and Zoning Ordinance. ZC No. 872 50- Further, the person obtaining a building and/ or grading permit for this project shall execute a Certificate of Construction stating that the project will be constructed according to this Resolution and any plans approved therewith. G. The project must be reviewed and approved by the Rolling Hills Community Association (RHCA). H. There shall be no grading for the project except excavation and grade earthwork to functionally integrate the new addition into the existing topography. The basement light well wall shall not be exposed more than 5' above the natural grade, and there shall be a minimum-4' wide walkable walkway around the entire structure, which does not have to be paved. I. Structural lot coverage shall not exceed 6,773 square feet or 19.4% of the net lot area, in conformance with the zoning ordinance limit of 20%. J. Total lot coverage of structures and paved areas shall not exceed 10,647 square feet, or 31%, which is in conformance with the zoning ordinance limit of 35%. K. The new infinity pool wall shall not exceed 4'9" in height. L. The disturbance of the net lot area shall not exceed 21,172 square feet of surface area or 61.8%, which was previously disturbed. M. Residential building pad coverage on the 6,013 square feet residential building pad shall not exceed 92.3%, which includes the allowable encroachment into the reduced front yard setback. N. Should 5,000 square feet or more of existing landscaping be altered or new landscaping introduced, the applicant shall be required to conform to the City of Rolling Hills Water Efficient Landscape Ordinance, Chapter 13.18 of the Municipal Code. The applicant shall submit to the City two copies of a landscaping and irrigation plan and water usage certification prior to obtaining grading permit. Within 90-days of completion of the construction of the project, the applicant shall submit a landscaping compliance certification. O. All backfilled areas shall be vegetated utilizing to the greatest extent feasible mature native and drought resistant plants. Plants shall be utilized, which are consistent with the rural character of the community and meet the fire department requirements for fire resistant plants. Any trees and shrubs used in the landscaping scheme for this project shall be planted in a way that will not result in a hedge like screening and as not to impair views of neighboring properties but to screen the project site. ZC No. 872 i • P. Pursuant to Section 17.17.030, 60% of the front yard area shall be landscaped, as defined in Section 17.12.250 of the Zoning Ordinance. Q. The existing bocce court may not be paved or altered. Plans shall be submitted and construction permits obtained from the Building and Safety Department for the existing unpermitted addition, outdoor entertainment/kitchen area, the deck and the stable in conjunction with the construction of the proposed improvements. The applicant shall remove the shed located in the side setback and the lamppost located on the outdoor kitchen. R. Minimum of 50% of the construction material spoils shall be recycled and diverted. The hauler shall provide the appropriate documentation to the City. S. There shall be no dumping of any debris, trash, soil spoils, construction materials or any other matter anywhere on the property. Further, perimeter easements and trails shall remain free and clear of any improvements including, but not be limited to, driveways, fences -including construction fences, grading, landscaping, irrigation and drainage devices, play equipment, parked vehicles, building materials, debris and equipment, except if permitted by the Rolling Hills Community Association. No encroachment of any sort shall be permitted on the City of Rolling Hills Estates roadway easement, unless permitted by said City. T. 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. U. During construction, trucks shall not park, queue and/ or idle at the project site or in the adjoining right-of-way before or after the permitted hours of operations. To the maximum extent possible, staging of equipment and parking of vehicles during construction shall be on site. V. If required by the City's drainage engineer, the applicant shall submit a detailed drainage plan. This project may be subject to the requirements of the City's Low Impact Development portion of the Storm Water Management and Pollution Control ordinance triggered where 10,000 square feet or more of impervious surface is reconstructed or added and/or the project is deemed hillside development. W. No drainage device may be located in such a manner as to contribute to erosion or in any way affect an easement, trail or adjacent properties. The energy dissipaters, if required, shall be designed in such a manner as to not cross over any equestrian trails or easements. The drainage system(s) shall not discharge water onto a ZC No. 872 • • trail, shall incorporate earth tone colors, including in the design of the dissipater and shall be screened from any trail and neighbors views to the maximum extent practicable, without impairing the function of the drainage system. X. The property owners shall be required to conform to the Regional Water Quality Control Board and County Public Works Department requirements for the installation and post construction maintenance of stormwater drainage facilities. Y. The property owners shall comply with the LA County Public Health Department requirements pertaining to septic sewer systems. Z. During construction, conformance with the air quality management district requirements shall be complied with, so that people or property are not exposed to undue vehicle trips, noise, dust, and objectionable odors. AA. The property owners shall be required to conform to the Regional Water Quality Control Board and County Public Works Department Best Management Practices (BMPs) related to solid waste and storm water management, including erosion control measures. AB. The property owner and/or his/her contractor/applicant shall be responsible for compliance with the no -smoking provisions in the Municipal Code. AC. 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. AD. The property on which the project is located shall contain a stable and corral or a set aside area to provide an area meeting all standards for a stable, corral with access thereto. AE. 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 structural development shall require the filing of a new application for approval by the Planning Commission. AF. Until the applicants execute and record an Affidavit of Acceptance of all conditions of this Site Plan Review and Variances approvals, as required by the Municipal Code, the approvals shall not be effective. ZC No. 872 8 • AG. All conditions of the Site Plan Review and Variance approvals, that apply, shall be complied with prior to the issuance of building permit. PASSED, APPROVED AND ADOPTED THIS 21st DAY OF APRIL 2015. 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. ZC No. 872 9 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 2015-09 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR SUBSTANTIAL ADDITIONS, AN ABOVE GRADE DECK AND TO LEGALIZE PREVIOUSLY CONSTRUCTED VARIOUS STRUCUTRES; AND A VARIANCE WHERE PORTIONS OF THE ADDITIONS WOULD ENCROACH INTO SETBACKS AND A TRELLIS THAT WOULD ENCROACH INTO REAR SETBACK IN ZONING CASE NO. 872 AT 23 MIDDLERIDGE LANE NORTH, (LOT 2-MR), IN THE OVERLAY ZONING DISTRICT-OZD-1, (HAMMOND). was approved and adopted at a regular meeting of the Planning Commission on April 21, 2015 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices. HEIDI LUCE CITY CLERK ZC No. 872 10 TO: FROM: APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: NOTICE PUBLISHED: • gO fro flee qe INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No.:8C Mtg. Date: 3-17-15 HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR ZONING CASE NO. 872 23 MIDDERIDGE LANE NORTH (LOT 2-MR) RA-S-1, OVERLAY ZONE (OZD-1); 0.97 ACRES MR. ROB HAMMOND ENVIROTECHNO ARCHITECTURE FEBRUARY 5, 2015 REQUEST AND RECOMMENDATION 1. The Planning Commission viewed the project in the field earlier in the morning of March 17, 2015. It is recommended that the Planning Commission review the staff report, take public testimony and provide direction to staff. 2. The applicant requests a Site Plan Review for a 1,389 square foot residence addition, of which 349 sq.ft. has been constructed, and a 349 square foot basement and Variances to encroach with a portion of the addition and basement into the side and front yard setbacks and with a 198 sq.ft trellis into the rear yard setback at 23 Middleridge Lane North. A portion of the "as built" unpermitted addition encroaches 4.5' into the side setback and 17'9" into the rear setback. When completed, the residence will be 3,837 square feet and the garage will be 479 square feet. An existing 491 square foot garage will be converted to living space and a new garage constructed. Also proposed is a 735 square foot swimming pool with 129 square foot pool equipment area to be located under an existing deck and a service yard. Since the last meeting, the applicant had the property surveyed and the proposed construction is based on the new survey. ZC NO.872 23 Middleridge Ln. N. BACKGROUND 3. The property is located at the end of a cul-de-sac in the RAS-1 Overlay Zoning District (OZD-1) of the City and is less than one acre in size. The OZD-1 was established within the RAS-1 district to allow modernization, reconstruction or enlargement of homes located on unique lots generally characterized by steep terrain, smaller than typical lots in the City, smaller than typical homes in the City, lots that are divided by a road and lots where redevelopment is difficult due to setback requirements. Properties in the OZD-1 are allowed a reduced front yard setback for locating primary structures including attached garages of 30' from the roadway easement line, (elsewhere in the City the front yard setback is 50' from the roadway easement line). In addition, if the existing residence encroaches into the side yard setback by no more than 10', a reconstructed structure may be located within the same encroachment footprint. However, any new construction must comply with the 20' side yard setback requirement. Other requirements of this zone include: only one driveway is permitted and 60% of the front yard area must be landscaped (Chapter 17.17 of the Zoning Ordinance). 4. The net lot area of this lot is 34,260 square feet. The lot is developed with a 2,802 square foot residence, 491 square foot garage, 188 square foot covered porches, 269 square foot entryway, 152 square foot outdoor kitchen and 659 square foot stable. 349 square feet was added in the late 1990's, by a different owner, without permission or building permits and is partially in the side and rear setbacks. The outdoor kitchen is also non -permitted. 61.8% of the lot is disturbed and no additional disturbance is proposed. The applicant, with this application, requests to legalize the unpermitted structures. The requested addition of 1,389 square feet includes the unpermitted portion of the residence. The new construction will entail converting the existing garage into living space and constructing a new 479 square foot garage, constructing 544 square foot residential addition and 349 square foot basement. The applicant will be required to obtain building permits and have the unpermitted structures inspected by the Building Department. 5. Portions of the existing residenceencroach into the side setbacks, and except for 25 square feet of the unpermitted addition, are legal non -conforming and may remain. The front of the residence is between 34 and 40 feet from the front roadway easement line and is permitted in the OZD-1. Approximately 160 square feet of the proposed garage would meet the 30' front yard setback requirement. 50 square feet of the garage would encroach into the side yard setback and 269 square feet would encroach into the front yard setback and require a variance. The basement is proposed to be within the footprint of the residential addition, however 210 square feet of the addition for both, would encroach ten feet into the side yard setback. ZC NO. 872 23 Middleridge Ln. N. • • 6. The existing stable takes access from Palos Verdes Drive North over property in the City of Rolling Hills Estates. 7. Staff requested that prior to the field trip the applicant submit a surveyed site plan of the property to accurately depict the encroachments, which has been provided. MUNICIPAL CODE COMPLIANCE 8. The requested Site Plan Review is necessary due to the proposed additions exceeding the size allowable for administrative approval, which in this case includes the "as built" addition. The Variance is necessary due to the proposed encroachments into setbacks. 9. The property is located in the Overlay Zone, which allows for reduced front yard setback to 30' from the roadway easement line. 10. The lot is 42,250 square feet (excluding the roadway easement) and the net lot area for development purposes is 34,260 square feet. The proposed structural coverage including the "as built" addition would be 6,773 square feet or 19.8%; with allowed deduction of 120 sq.ft. barbeque, the structural coverage would be 6,653 or 19.4% of the net lot area -(max. allowed 20%). The total coverage (structures and flatwork) would be 10,647 square feet or 31%-(max allowed 35%). 11. The applicants architect states that the area of work was previously graded and disturbed and that no new disturbance will occur. The disturbed area is 61.8%. A total of 320 cubic yards of excavation for the pool and basement is proposed. Some of the dirt will be used on site as backfill and landscaping, and some will be exported. Pursuant to the City's requirements, dirt from excavation may be exported and may not be spread on the property, as it would constitute grading and disturbance. 12. The proposed pool will have an infinity edge, 3' above grade. 13. The residential building pad is 6,013 square feet, (not in setback), and with the "as built" and proposed additions would have 101.7% coverage; however with the allowable deductions the coverage would be 5,550 square feet or 92.3%. Currently the building pad coverage is 53.3%. The building pad coverage includes structures located on the building pad and those portions of the structures that encroach into setbacks, which are outside of the building pad. 14. A stable was constructed in late 1980's; although the owners at that time obtained a building permit for the stable; the records show that no inspections were made and the permit expired, with a note on the permit states: "no work done". As part of the approval the Planning Commission should require that a permit be obtained for the ZC NO.872 23 Middleridge Ln. N. 0 s • stable, the stable inspected and if there are any unsafe building code conditions, that they be rectified. The use of the structure as a stable and/or permitted uses within the stable must also be verified. 15. There is a bocce court on the lot; it must remain unpaved in order to not to be considered a sports court, which would require a CUP and a Variance because it is partially located in the side setback. In addition, there are no building permit records for the deck. The applicant will be required to obtain a building permit for the deck as well, at the same time as a permit is obtained for the pool. REVIEW CRITERIA AND APPLICANTS' TUSTIFICATION 16. When reviewing a Site Plan Review development application the Planning Commission should consider whether 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; is in keeping with the desired development pattern and character of the City; and otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills. When reviewing a Variance application the Planning Commission should consider whether the proposed development will be consistent with General Plan and Zoning Ordinance policies and objectives, if there would be detrimental impacts, and whether there is an exceptional circumstance that warrants granting exception to code standards. The applicants' representative has stated the following justifications for approval: • The building pads along Middleridge Lane N. were originally established in setbacks to allow level land to built on before reaching the slopes • This condition is unique to this neighborhood • The proposed structure is consistent in size and massing to other structures in the neighborhood • Property is located in the Overlay Zone, which recognizes hardship conditions on lots • The front of the property will be beautified and more landscape introduced to soften the front yard area • The applicant proposes to legalize several illegal situations on the lot and building permits will be obtained for non -permitted structures • The improvements are blended in aesthetically and the ridge line stays the same to maintain the scale and character of the neighborhood and the additions do not substantially alter the building envelope • No grading or disturbance is proposed • The project preserves the existing vegetation by minimizing grading and the project will be additionally landscaped ZC NO.872 23 Middleridge Ln. N. 17. The Rolling Hills Community Association Architectural Committee will review the project at a later date. 18. The project is exempt from CEQA requirements. ZONING CASE NO. 872 SITE PLAN REVIEW & VARIANCE RA-S- 1 ZONE SETBACKS Front: 50 ft. from front easmnt. line Side: 20 ft. from side property line Rear: 50 ft. from rear property line SPR required for additions. Variance is required for encroachment into setbacks 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 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.) ZC NO.872 23 Middleridge Ln. N. EXISTING SINGLE FAMILY RESIDENCE & GARAGE Residence Garages Pool/spa Pool equip. Stable Attch. Porch - Service yard Entryway BBQ TOTAL N/A 2448 sq.ft. 491 sq.ft. 0 sq.ft. 0 sq.ft. 659 sq.ft. 188 sq.ft. 0 sq.ft. 269 sq.ft. 152 sq.ft. 4,207 sq.ft. PROPOSED ADDITIONS & POOL Residence Garages Pool/spa Pool equip. Stable Attch porch - Service yard Attch. Trellis Entryway BBQ Basement 3837 sq.ft. 479 sq.ft. 735 sq.ft. 129 sq.ft. 659 sq.ft. 245 sq.ft. 96 sq.ft 198 sq.ft 265 sq.ft 130 sq.ft. 349 sq.ft. TOTAL 6,773 sq. ft. 320 cubic yards for pool and basement excavation 12.2% 19.4% of 34,260 s.f. net lot area w/ allowances 28% 31% or 10,647 sq.ft. 34,260 sq.ft. net lot area 53.3% Previously disturbed 92.3% of 6,013 sq.ft. pad w/allowed deductions Previously disturbed at 61.8% • STABLE (min. 450 SQ.FT. & 550 SQ.FT. CORRAL) STABLE ACCESS ROADWAY ACCESS VIEWS PLANTS AND ANIMALS HOMES IN VICINITY: Address 9 Middleridge Ln.N 11 Middleridge Ln.N 15 Middleridge Ln.N 17 Middleridge Ln.N 19 Middleridge Ln. N. 21 Middleridge Ln. N. 22 Middleridge Ln. N 23 Middleridge Ln. N. Existing 659 sq.ft. and adj. corral Existing Existing driveway approach N/A N/A Existing 659 sq.ft. and adj. corral Existing from PV Dr. N. Existing driveway approach Planning Commission review Planning Commission review Lot size (excl. road easement) House size 49,600 sq.ft. 50,530 sq.ft. 44,000 sq.ft. 49,220 sq.ft. 49,220 sq.ft. 53,140 sq.ft. 37,030 sq.ft. 42,250 sq.ft. SITE PLAN REVIEW CRITERIA 2,937 sq.ft. 3,960 sq.ft. 3,101 sq.ft. 3,160 sq.ft. 2,728 sq.ft 3,777 sq. ft 2,257 sq.ft. Proposed: 3,837 sq.ft. 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; ZC NO. 872 23 Middleridge Ln. N. • 3. The project is harmonious in scale and mass with the site, the natural terrain and surrounding residences; 4. The project preserves and integrates into the site design, to the greatest extent possible, existing topographic features of the site, including surrounding native vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls); 5. Grading has been designed to follow natural contours of the site and to minimize the amount of grading required to create the building area; 6. Grading will not modify existing drainage channels nor redirect drainage flow, unless such flow is redirected into an existing drainage course; 7. The project preserves surrounding native vegetation and mature trees and supplements these elements with drought -tolerant landscaping which is compatible with and enhances the rural character of the community, and landscaping provides a buffer or transition area between private and public areas; 8. The project is sensitive and not detrimental to the convenient and safe movement of pedestrians and vehicles; and 9. The project conforms to the requirements of the California Environmental Quality Act. CRITERIA FOR VARIANCES 17.38.050 Required findings. In granting a variance, the Commission (and Council on appeal) must make the following findings: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties•or improvements in the vicinity; D. That in granting the variance, the spirit and intent of this title will be observed; E. That the variance does not grant special privilege to the applicant; F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and G. That the variance request is consistent with the general plan of the City of Rolling Hills. ZC NO. 872 23 Middleridge Ln. N. TO: FROM: APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: NOTICE PUBLISHED: i al Raflifrif qe:(4 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No.:8B Mtg. Date: 2-17-15 HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR ZONING CASE NO. 872 23 MIDDERIDGE LANE NORTH (LOT 2-MR) RA-S-1, OVERLAY ZONE (OZD-1); 0.97 ACRES MR. ROB HAMMOND ENVIROTECHNO ARCHITECTURE FEBRUARY 5, 2015 REQUEST AND RECOMMENDATION 1. The applicant requests a Site Plan Review for a 1,389 square foot residence addition, of which 349 sq.ft. has been constructed, and a 349 square foot basement and Variances to encroach with a portion of the addition and basement into the side and front yard setbacks and with a 198 sq.ft trellis into the rear yard setback at 23 Middleridge Lane North. A portion of the "as built" unpermitted addition encroaches into the side and rear setbacks. When completed, the residence will be 3,837 square feet and the garage will be 479 square feet. An existing 491 square foot garage will be converted to living space and a new garage constructed. Also proposed is a 735 square foot swimming pool with 129 square foot pool equipment area to be located under an existing deck and a service yard. 2. It is recommended that the Planning Commission review the staff report, open the public hearing, take public testimony and schedule a field visit to the site. BACKGROUND 3. The property is located at the end of a cul-de-sac in the RAS-1 Overlay Zoning District (OZD-1) of the City and is less than one acre in size. The OZD-1 was established within the RAS-1 district to allow modernization, reconstruction or enlargement of homes located on unique lots generally characterized by steep terrain, smaller than typical lots in ZC NO.872 23 Middleridge Ln. N. • • the City, smaller than typical homes in the City, lots that are divided by a road and lots where redevelopment is difficult due to setback requirements. Properties in the OZD-1 are allowed a reduced front yard setback for locating primary structures including attached garages of 30' from the roadway easement line, (elsewhere in the City the front yard setback is 50' from the roadway easement line). In addition, if the existing residence encroaches into the side yard setback by no more than 10', a reconstructed structure may be located within the same encroachment footprint. However, any new construction must comply with the 20' side yard setback requirement. Other requirements of this zone include: only one driveway is permitted and 60% of the front yard area must be landscaped per Chapter 17.17 of the Zoning Ordinance. 4. The net lot area of this lot is 34,260 square feet. The lot is developed with a 2,802 square foot residence, 491 square foot garage, 188 square foot covered porches, 269 square foot entryway, 152 square foot outdoor kitchen and 659 square foot stable. 349 square feet was added in the late 1990's, by a different owner, without permission or building permits and is partially in the side and rear setbacks. The outdoor kitchen is also non -permitted. 61.8% of the lot is disturbed and no additional disturbance is proposed. The applicant, with this application, requests to legalize the unpermitted structures. The requested addition of 1,389 square feet includes the unpermitted portion of the residence. The new construction will entail converting the existing garage into living space and constructing a new 479 square foot garage, constructing 544 square foot residential addition and 349 square foot basement. The applicant will be required to obtain building permits and have the unpermitted structures inspected by the Building Department. 5. Portions of the existing residence encroach into the side setbacks, and except for 25 square feet of the unpermitted addition, are legal non -conforming and may remain. The front of the residence is between 34 and 40 feet from the front roadway easement line and is permitted in the OZD-1. Approximately 160 square feet of the proposed garage would meet the 30' front yard setback requirement. 50 square feet of the garage would encroach into the side yard setback and 269 square feet would encroach into the front yard setback and require a variance. The basement is proposed to be within the footprint of the residential addition, however 210 square feet of the addition for both, would encroach ten feet into the side yard setback. 6. The existing stable takes access from Palos Verdes Drive North over property in the City of Rolling Hills Estates. 7. Staff requested that prior to the field trip the applicants submit a surveyed site plan of the property lines and the setback lines in the areas of the additions to accurately depict the encroachments. ZC NO.872 23 Middleridge Ln. N. • • MUNICIPAL CODE COMPLIANCE 8. The requested Site Plan Review is necessary due to the proposed additions exceeding the size allowable for administrative approval, which in this case includes the "as built" addition. The Variance is necessary due to the proposed encroachments into setbacks. 9. The property is located in the Overlay Zone, which allows for reduced front yard setback to 30' from the roadway easement line. 10. The lot is 42,250 square feet (excluding the roadway easement) and the net lot area for development purposes is 34,260 square feet. The proposed structural coverage including the "as built" addition would be 6,773 square feet or 19.8%; with allowed deduction of 120 sq.ft. barbeque, the structural coverage would be 6,653 or 19.4% of the net lot area -(max. allowed 20%). The total coverage (structures and flatwork) would be 10,647 square feet or 31%-(max allowed 35%). 11. The applicants architect states that the area of work was previously graded and disturbed and that no new disturbance will occur. The disturbed area is 61.8 %. A total of 320 cubic yards of excavation for the pool and basement is proposed. Some of the dirt will be used on site as backfill and landscaping, and some will be exported. Pursuant to the City's requirements, dirt from excavation may be exported and may not be spread on the property, as it would constitute grading and disturbance. 12. The proposed pool will have an infinity edge, 3' above grade. 13. The residential building pad is 6,013 square feet, (not in setback), and with the "as built" and proposed additions would have 101.7% coverage; however with the allowable deductions the coverage would be 5,550 square feet or 92.3%. Currently the building pad coverage is 53.3%. The building pad coverage includes structures located on the building pad and those portions of the structures that encroach into setbacks, which are outside of the building pad. 14. A stable was constructed in late 1980's; although the owners at that time pulled a building permit for the stable, the records show that no inspections were made and the permit expired, with a note on the permit "no work done". As part of the approval the Planning Commission should require that a permit be obtained for the stable, the stable inspected and if there are any unsafe building code conditions, that they be rectified. The use of the structure as a stable and/or permitted uses within the stable must also be verified. 15. There is a bocce court on the lot; it must remain unpaved in order to not to be considered a sports court, which would require a CUP and a Variance because it is ZC NO.872 23 Middleridge Ln. N. • • partially located in the side setback. In addition, there are no building permit records for the deck. The applicant will be required to obtain a building permit for the deck as well, at the same time as a permit is obtained for the pool. REVIEW CRITERIA AND APPLICANTS' TUSTIFICATION 16. When reviewing a Site Plan Review development application the Planning Commission should consider whether 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; is in keeping with the desired development pattern and character of the City; and otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills. When reviewing a Variance application the Planning Commission should consider whether the proposed development will be consistent with General Plan and Zoning Ordinance policies and objectives, if there would be detrimental impacts, and whether there is an exceptional circumstance that warrants granting exception to code standards. The applicants' representative has stated the following justifications for approval: • The building pads along Middleridge Lane N. were originally established in setbacks to allow level land to built on before reaching the slopes • This condition is unique to this neighborhood • The proposed structure is consistent in size and massing to other structures in the neighborhood • Property is located in the Overlay Zone, which recognizes hardship conditions on lots • The front of the property will be beautified and more landscape introduced to soften the front yard area • The applicant proposes to legalize several illegal situations on the lot and building permits will be obtained for non -permitted structures • The improvements are blended in aesthetically and the ridge line stays the same to maintain the scale and character of the neighborhood and the additions do not substantially alter the building envelope • No grading or disturbance is proposed • The project preserves the existing vegetation by minimizing grading and the project will be additionally landscaped 17. The Rolling Hills Community Association Architectural Committee will review the project at a later date. 18. The project is exempt from CEQA requirements. ZC NO.872 23 Middleridge Ln. N. • ZONING CASE NO. 872 SITE PLAN REVIEW & VARIANCE RA-S- 1 ZONE SETBACKS Front: 50 ft. from front easmnt. line Side: 20 ft. from side property line Rear: 50 ft. from rear property line SPR required for additions. Variance is required for encroachment into setbacks 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 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. & 550 SQ.FT. CORRAL) STABLE ACCESS ROADWAY ACCESS VIEWS PLANTS AND ANIMALS ZC NO.872 23 Middleridge Ln. N. EXISTING SINGLE FAMILY RESIDENCE & GARAGE Residence Garages Pool/spa Pool equip. Stable Attch. Porch - Service yard Entryway BBQ TOTAL N/A 2448 sq.ft. 491 sq.ft. 0 sq.ft. 0 sq.ft. 659 sq.ft. 188 sq.ft. 0 sq.ft. 269 sq.ft. 152 sq.ft. PROPOSED ADDITIONS & POOL 3837 sq.ft. 479 sq.ft. 735 sq.ft. 129 sq.ft. 659 sq.ft. 245 sq.ft. 96 sq.ft 198 sq.ft 265 sq.ft 130 sq.ft. 349 sq.ft. 4,207 sq.ft. I TOTAL 6,773 sq. ft. 320 cubic yards for pool and basement excavation Residence Garages Pool/spa Pool equip. Stable Attch porch - Service yard Attch. Trellis Entryway BBQ Basement 12.2% 119.4% of 34,260 s.f. net lot area w/ allowances 28% 131 % or 10,647 sq.ft. 34,260 sq.ft. net lot area 53.3% Previously disturbed Existing 659 sq.ft. and adj. corral Existing Existing driveway approach N/A N/A 92.3% of 6,013 sq.ft. pad w/ allowed deductions Previously disturbed at 61.8% Existing 659 sq.ft. and adj. corral Existing from PV Dr. N. Existing driveway approach Planning Commission review Planning Commission review HOMES IN VICINITY: Address 9 Middleridge Ln.N 11 Middleridge Ln.N 15 Middleridge Ln.N 17 Middleridge Ln.N 19 Middleridge Ln. N. 21 Middleridge Ln. N. 22 Middleridge Ln. N 23 Middleridge Ln. N. Lot size (excl. road easement) House size 49,600 sq.ft. 50,530 sq.ft. 44,000 sq.ft. 49,220 sq.ft. 49,220 sq.ft. 53,140 sq.ft. 37,030 sq.ft. 42,250 sq.ft. SITE PLAN REVIEW CRITERIA 2,937 sq.ft. 3,960 sq.ft. 3,101 sq.ft. 3,160 sq.ft. 2,728 sq.ft 3,777 sq. ft 2,257 sq.ft. Proposed: 3,837 sq.ft. 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 ZC NO. 872 23 Middleridge Ln. N. • • with and enhances the rural character of the community, and landscaping provides a buffer or transition area between private and public areas; 8. The project is sensitive and not detrimental to the convenient and safe movement of pedestrians and vehicles; and 9. The project conforms to the requirements of the California Environmental Quality Act. CRITERIA FOR VARIANCES 17.38.050 Required findings. In granting a variance, the Commission (and Council on appeal) must make the following findings: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; D. That in granting the variance, the spirit and intent of this title will be observed; E. That the variance does not grant special privilege to the applicant; F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and G. That the variance request is consistent with the general plan of the City of Rolling Hills. ZC NO.872 23 Middleridge Ln. N.