Loading...
885, "Build a deck that?s 12"" in a, Staff ReportsRd&if gd4 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No.: 4-C Mtg. Date: 09/14/15 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR fiLd.� THROUGH: RAYMOND R. CRUZ, CITY MANAGER SUBJECT: RESOLUTION NO. 2015-19. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW TO RECONSTRUCT AN EXISTING RETAINING WALL AND VARIANCE TO ALLOW UNPERMITTED ACCESSORY AMENITIES WHICH ENCROACH INTO THE REQUIRED SETBACKS, INCLUDING PARTS OF THE WALL, TO REMAIN ON THE PROPERTY IN ZONING CASE NO. 886, AT 5 BUGGY WHIP DRIVE, (LOT 245-A-MS), ROLLING HILLS, CA. (NGUYEN). 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, Mr. Nguyen, requests a Site Plan Review and Variances to retain as built outdoor amenities, which encroach into the required setbacks and an up to 4.2' high retaining wall as follows: A. Site Plan Review: i. Replace an unpermitted 265' long, not to exceed 4.2' high stacked block retaining wall with same height masonry retaining wall along the access pathto the stable. The wall ranges in height from 2.1' to 4.2' at the highest point. B. Variances: i. Allow the unpermitted wall (above) to be located in the north side yard setback ii. Retain an unpermitted 89 square foot barbeque and sink with oven amenity in the front yard setback ZC NO. 886 • • iii. Allow completion of a 355 square foot trellis of which 59 square feet would encroach into the front yard setback iv.Retain an unpermitted 81 square foot fire place, of which 55 square feet encroaches into the south side yard setback 3. The Planning Commission by a 4-0 vote approved the project. Commissioner Smith was absent and excused. They approved the project with conditions that are specific to this project such as: that any further construction or development on the property be reviewed and approved by the Planning Commission; that the drainage along the north property line be revised and corrected, so that the water does not run- off onto the adjacent property; that the project be completed within six month of approval; that by September 15, 2015 or sooner if there is forecast of a rain event, sand bags be laid along the north property line up to the limit of the building pad and 10' beyond along the down slope to prevent water from reaching the adjacent property. The Commission found that the wall construction will occur in an area previously graded and disturbed and there will be no new grading. The wall minimally exceeds the height that staff could approve administratively and is necessary to retain a slope above the accessway to the stable. The proposed retaining wall is intended to provide a permanent solution to retaining a steep slope above the access to the stable. The additional structures do not add to structural coverage to the building pad, as pursuant to the City's ordinance certain amenities are excluded from calculations towards building pad coverage and the structures are small and dispersed on the lot, therefore not causing the lot to look overbuilt. This approval will also correct a drainage nuisance problem for the neighbor. No neighbors testified against the approval of this project. BACKGROUND 4. Since 2009 the applicant received several approvals for improvements on the property. Administrative over the counter approvals were granted for various additions, arbor by the corral and solar panels and discretionary approval of a Conditional Use Permit and Site Plan Review were granted for grading, construction of retaining walls, stable and corral. The applicant had previously proposed a 240 square foot trellis/pergola, majority of which was proposed to be located in the front setback in the general location of the currently partially constructed trellis, but withdrew the request following Planning Commission hearing. The RHCA approved the access to the stable in the Association's easement. With the approval of the stable in the rear, the applicant widened the access, which necessitated the retaining wall. ZC NO. 886 • • 5. Approximately seven months ago these improvements came to the attention of the City staff as a complaint together with a complaint related to drainage run-off from a D.G. path onto adjacent property. Upon inspection it was determined that several amenities were already constructed and that the trellis was under construction. Work was stopped and the applicants were informed to either remove the unpermitted structures in the setbacks or apply for a Variance. Although the drainage repair does not require a discretionary review, it is an existing condition on the property creating a nuisance to a neighbor; therefore, the Planning Commission made it a requirement of the approval that the applicant correct this condition. The wall and the outdoor amenities were constructed without City's approvals or building permits. The wall as constructed does not meet the LA County Building Code standards for construction of retaining walls, and therefore must be reconstructed and reinforced. 6. A concept drainage plan was presented to the Planning Commission. Since the Planning Commission meeting the parties met with staff and the building inspector and a design was agreed upon, that was approved by the RHCA (due to its location in easements) and is being submitted to Wilidan Engineering for review. The applicants' engineer is proposing to install a concrete curb and gutter along the edge of the access road , with a drain inlet at the end of it with a pipe that would discharge at the street. In the rear, a pipe system to collect the water and divert it to the existing catch basins in the corral area will also be installed. This work may impact the DG surface and may require some fine grading/sculpting of the DG, which they would also expect for remedial work with the retaining wall. 7. The property is currently developed with a 4,734 square foot residence, 1,008 square foot garage, 640 square foot swimming pool, 890 square foot stable, service yard, arbor, trellis and entryway for a total structural coverage of 10.9% of the lot. MUNICIPAL CODE COMPLIANCE 8. Except for the portion of the retaining wall that exceeds 3' (up to 4.2' high), the outdoor amenities, subject to this application, would be allowed on the property with an administrative approval if they were not located in setbacks. A building permit is required for all of the as built structures including the wall. Pursuant to the Zoning Code requirements (Sec. 17.12.190 "S" and 17.16.150) setbacks are . to remain free of any structures, with some exceptions. A not to exceed 3' high rubble wall, stairs and irrigation systems are allowed in setbacks. Not to exceed 3' high retaining walls, not requiring grading are allowed along a driveway, walkways or stairs. ZC NO. 886 • • According to the City's Building Official, the existing retaining wall along the stable access does not meet building code requirements, and therefore the method of construction must be altered from stacked wall to a masonry wall. According to the building official the wall supports a surcharge and a stacked wall is not adequate for such support. Originally there existed a 5-6' wide path along the north property line, which provided access to the rear of the lot. There was a short garden wall along the path, which was removed to allow for wider access. 9. The areas of the unpermitted structures have been previously disturbed. Disturbed area of the lot is 55.6% of the net lot area (43,000 sq.ft.), which was previously approved with a Variance. 10. There are two building pads on the property. The existing residential building pad (not in setbacks) is 15,984 square feet. The building coverage on this pad is 43% and the proposed coverage will also be 43%, due to the allowance for deduction of the accessory structures of up to 800 sq.ft. The stable pad is 5,000 square feet and has coverage of 20.2% not counting portions of the covered stable porch. 11. The net lot area of the lot for development purposes is 77,374 square feet. The structural lot coverage is proposed at 8,993 or 11.7% of the net lot area, and with allowed deductions would be 8,452 square feet or 10.9% (20% permitted); and the total lot coverage including the structures and paved areas is proposed to be 12,818 square feet or 16.57%, with allowed deductions, (35% permitted). The existing stone patio is proposed to be enlarged by 1,180 square feet to accommodate the outdoor kitchen. 12. In response for justifications for the Site Plan and Variances, the applicant's representative states in part as follows: A. SITE PLAN REIVEW: The over 3' retaining wall allows for a wider access, in turn provides for an improved maneuvering and access to the stable. The wall is reasonably screened from the street and neighbors. A pathway to the rear of the property existed prior to the construction of the stable and corral, and was bounded by a low retaining wall. This project widens this access. The retaining wall does not overwhelm from the perspective of the street, and the other improvements are further screened allowing for a pleasing vantage when viewed from off site. B. VARIANCES: Significant portions of level pads are located in setback and locating the improvements outside of setback would bring them uncomfortably close to the existing pool and spa. The wall is necessary to retain the 2:1 slope to allow for a ZC NO. 886 • • sufficient access to the stable. Several layers of landscaping, as well as a 2:1 slope provides privacy and separation from the street and the features. The outdoor amenities are intended to complement the existing house, pool and patio without compromising the view from the existing house. The existing house, which predates the 50 feet front setback rule, already encroaches in the front, (on the side of the trellis). The new features are sited in the already developed portions of the lot. CONCLUSION 13. When reviewing a development application the Planning Commission must consider whether the proposed project meets the criteria for a Site Plan Review and Variances. 14. RHCA Architectural Committee will review the project at a later time. 15. The project is exempt from the requirements of the California Environmental Quality Act (CEQA). ZC NO. 886 0 Zoning Case No. 886 SITE PLAN REVIEW RA-S- 2 ZONE SETBACKS Front: 50 ft. from front easement line Side: 35 ft. from side property line Rear: 50 ft. from rear property line STRUCTURES STRUCUTURAL COVERAGE TOTAL LOT COVERAGE (35% maximum) RESIDENTIAL BUILDING PAD COVERAGE (30% max.- guideline) Stable GRADING Site Plan Review required if excavation and/or fill or combination thereof is more than 3 feet in depth and covers more than 2,000 sq.ft. Must be balanced on site. DISTURBED AREA (40% maximum; any graded building pad area, any remedial grading (temporary disturbance), any graded slopes and building pad areas, and any nongraded area where impervious surfaces exist.) STABLE (min. 450 SQ.FT. & 550 SQ.FT. CORRAL) STABLE ACCESS ROADWAY ACCESS VIEWS PLANTS AND ANIMALS EXISTING PROPOSED SINGLE FAMILY RESIDENCE, OUTDOOR AMENITIES and STABLE AND POOL WALL (in bold) Residence Garage Att. trellis Stable Porch Service yard Pool Pool eqpm. Entry 4734 sq.ft. 1008 sq.ft. 580 sq.ft 890 sq.ft 120 sq.ft. 220 sq.ft 640 sq.ft. 100 sq.ft. 160 sq.ft. TOTAL 8,452.ft. I10.9% 15.04% 42.9% of 15,984 sq.ft. building pad 46.8% of 5,000 sq.ft. stable/guest house pad 950 c.y. cut and 950 c.y. fill, to be balanced on site 43,000 sq.ft. 55.5% 890 s.f. stable; 550 s.f. corral - Existing from Buggy Whip Existing driveway 1 N/A 1 N/A Residence Garage Att. trellis Stable Porch Service yard Pool Pool eqpm. Entry Trellis Outdoor Kitchen Fire Place TOTAL 11.7% of 77,374 sq. 4734 sq.ft. 1008 sq.ft. 580 sq.ft. 890 sq.ft 120 sq.ft. 220 sq.ft 640 sq.ft. 100 sq.ft. 160 sq.ft. 355 sq.ft. 89 sq.ft. 81 sq.ft. 8,977 sq.ft ft. net lot area 10.92% w/allowances 16.6% of 77,374 sq.ft. net lot area w/allowances 42.9% of 15,984 sq.ft. building pad (w allowances) 46.8% of 5,000 sq.ft. stable/guest house pad 65 cubic yards for the as built wall 43,000 sq.ft. 55.5% 890 s.f. stable; 550 s.f. corral I Existing from Buggy Whip Existing driveway Planning Commission condition Planning Commission condition ZC NO. 886 0 • • SITE PLAN REVIEW CRITERIA 17.46.010 Purpose. The site plan review process is established to provide discretionary review of certain development projects in the City for the purposes of ensuring that the proposed project is consistent with the City's General Plan; incorporates environmentally and aesthetically sensitive grading practices; preserves existing mature vegetation; is compatible and consistent with the scale, massing and development pattern in the immediate project vicinity; and otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills. 17.46.050 Required findings. A. The Commission shall be required to make findings in acting to approve, conditionally approve, or deny a site plan review application. B. No project which requires site plan review approval shall be approved by the Commission, or by the City Council on appeal, unless the following findings can be made: 1. The project complies with and is consistent with the goals and policies of the general plan and all requirements of the zoning ordinance; 2. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. Lot coverage requirements are regarded as maximums, and the actual amount of lot coverage permitted depends upon the existing buildable area of the lot; 3. The project is harmonious in scale and mass with the site, the natural terrain and surrounding residences; 4. The project preserves and integrates into the site design, to the greatest extent possible, existing topographic features of the site, including surrounding native vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls); 5. Grading has been designed to follow natural contours of the site and to minimize the amount of grading required to create the building area; 6. Grading will not modify existing drainage channels nor redirect drainage flow, unless such flow is redirected into an existing drainage course; 7. The project preserves surrounding native vegetation and mature trees and supplements these elements with drought -tolerant landscaping which is compatible with and enhances the rural character of the community, and landscaping provides a buffer or transition area between private and public areas; 8. The project is sensitive and not detrimental to the convenient and safe movement of pedestrians and vehicles; and 9. The project conforms to the requirements of the California Environmental Quality Act. SOURCE: City of Rolling Hills Zoning Ordinance ZC NO.886 • 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.886 RESOLUTION NO. 2015-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW TO RECONSTRUCT AN EXISTING RETAINING WALL AND VARIANCE TO ALLOW UNPERMITTED ACCESSORY AMENITIES WHICH ENCROACH INTO THE REQUIRED SETBACKS, INCLDING PARTS OF THE WALL, TO REMAIN ON THE PROPERTY IN ZONING CASE NO. 886, AT 5 BUGGY WHIP DRIVE, (LOT 245-A-MS), ROLLING HILLS, CA. (NGUYEN). 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. Daniel Nguyen with respect to real property located at 5 Buggy Whip Drive, Rolling Hills, CA requesting a Site Plan Review to reconstruct an unpermitted 265' long, not to exceed 4.2' high stacked block retaining wall with same height masonry retaining wall along the access path to the stable and Variances to retain unpermitted outdoor accessory amenities and the reconstructed retaining wall in the front and side setbacks. Other than the wall, the outdoor unpermitted structures that require a variance are as follows: a) 89 square foot barbeque and sink with oven in the front yard setback b) partially constructed 355 square foot trellis of which 59 square feet would encroach into the front yard setback c) 81 square foot fire place, of which 55 square feet encroaches into the south side yard setback Section 2. These improvements came to the attention of the City staff as a complaint together with a complaint related to drainage run-off from a D.G. path onto adjacent property. Although the drainage repair does not require a discretionary review, it is an existing condition on the property creating a nuisance to a neighbor; therefore, it is a requirement of this approval that the applicant correct this condition. The wall and the outdoor amenities were constructed without City approvals or building permits. The wall as constructed does not meet the LA County Building Code standards for construction of retaining walls and therefore must be reconstructed and reinforced. Section 3. The Planning Commission conducted duly noticed public hearings to consider the application at a regular Planning Commission meeting and in the field on July 21, 2015. The applicant was notified of the public hearings in writing by first class mail. Evidence was heard and received from all persons interested in affecting said proposal and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. The applicant and his representative were in attendance at the hearings. Several neighbors attended the meetings but expressed no objections to the request. However, a neighbor requested that the drainage be corrected. Reso. 2015-19 5 Buggy Whip Drive 1 © Section 4. The subject property is zoned RAS-2 and is currently developed with a 4,734 square foot residence, 1,008 square foot garage, 640 square foot swimming pool, 890 square foot stable, service yard, arbor, trellis and entryway and the unpermitted structures subject to this Resolution, for a total structural coverage of 10.9% of the lot. Section 5. The project is exempt from the California Environmental Quality Act (CEQA) pursuant to section 15303 of the CEQA Guidelines, which addresses accessory structures (Class 3 Categorical Exemption). Section 6. Section 17.16.190(F) requires a Site Plan Review for walls over 3' in height. With respect to the Site Plan Review application for the retaining wall, which does not exceed 4.2' at any one point along the accessway to the stable, the Planning Commission finds as follows: A. The proposed development is compliant with all requirements of the Zoning Ordinance except as approved herein by Variance, and is compatible with the General Plan and surrounding uses because the proposed project is consistent with goals and policies that require low profile, low -density residential development with sufficient open space between surrounding structures and following strict grading practices to preserve the community's natural terrain. The wall construction will occur in an area previously graded and disturbed and there will be no new grading. The wall minimally exceeds the height that staff could approve administratively and is necessary to retain a slope above the accessway to the stable. The condition and "bulk" of the wall will be mitigated, as the new wall is not visible from any neighbors. The wall is to correct an illegal wall condition on the lot. The proposed retaining wall is intended to provide a permanent solution to retaining a steep slope above the access to the stable. B. The development plan substantially preserves the natural and undeveloped state of the lot by minimizing building coverage because the project does not add to building coverage. C. The proposed retaining wall, 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 development in the surrounding RA-S-2 similarly zoned neighborhood. The proposed , project entails a re -construction of an unpermitted, substandard 265' long wall along an existing accessway to a stable. A large portion of the wall is 3' in height or less and would not require discretionary approval. Only that portion that is higher than 3' requires a Site Plan Review. The construction is required in order to support a 2:1 slope behind the wall. 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, has been previously graded and disturbed, and is of Reso. 2015-19 5 Buggy Whip Drive sufficient distance from nearby residences that the proposed project will not impact the view or privacy of neighbors. D. The development plan generally follows natural contours of the site to the maximum extend practicable to accomplish a necessary retaining wall in order to support a 2:1 slope behind the accessway, which is necessary to access a stable and corral area on the lot. E. 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. On the contrary, with this approval, a drainage concern from the access way onto the adjacent property to the north will be corrected. The project construction will not be located in a canyon or on existing slopes that exceed 25%. F. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles because no change is proposed to the existing driveway, which is in compliance with applicable requirements. G. The project conforms to the requirements of the California Environmental Quality Act because it is categorically exempt. Section 7. 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. Section 17.16.150(F) and (G), which list permitted projections and encroachment with walls into setbacks and Section 17.16190(H), which lists conditions for accessory outdoor amenities, do not allow accessory structures or walls above 3' high to be located in any setbacks. A Variance to Section 17.16.120(B) is required because it states that every lot in the RAS-2 zone shall have a side setback of not less than 35 feet from the side property line and Section 17.16.110 requires that every lot in the City shall have a front setback of not less than 50 feet from the road easement line. The applicant is requesting a Variance to encroach with the as built outdoor amenities and portions of a retaining wall into the front and side setbacks. With respect to this request for Variance, the Planning Commission finds as follows: A. There are exceptional circumstances and conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone because the existing residence currently encroaches into the front setback. The outdoor barbeque and kitchen are designed to be in line with the existing encroachment into the front setback created by the residence. The fireplace is built into a hillside that would otherwise present a challenge to development. The retaining wall is required to provide structural support for the slope above. Reso. 2015-19 5 Buggy Whip Drive 3o B. The 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 because many properties in the same vicinity and zone have outdoor amenities such as a fireplace, outdoor kitchen and fireplace. The proposed locations of the outdoor amenities are the least visually intrusive to the property and its neighbors. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the properties or improvements in such vicinity and zone in which the property is located. The proposed development in the side and front setbacks is minimal and up slope from the property line. The area of the barbeque, outdoor kitchen and fireplace would not impair views. The retaining wall along the access to the stable is down slope from the main building pad and is necessary to support the slope above. Further, the residence already provides an encroachment into the front setback and the retaining wall. The side encroachment resulting from the fireplace is very minor and is not visible from the street or other residences. The structural lot coverage and the total impervious lot coverage are within the requirements of the City. Finally, because the approval is conditioned on repairing an existing drainage run-off from a D.G. path onto adjacent property, the project will improve the welfare of neighboring properties. D. In granting of the Variance the spirit and intent of the Zoning Ordinance will be observed in that the proposed development will be orderly, attractive and will not interfere with the rural character of the community. The existing, as built amenities do not encroach into potentially future equestrian uses on the property. A stable and corral exists on the site. E. The Variance request is consistent with the General Plan of the City of Rolling Hills because the 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. Although the improvements are located in the setbacks, they are passive uses and minor encroachments that will not significantly reduce open space between surrounding structures. The distance from the front yard encroaching trellis to the closest residence is 80' and from the outdoor kitchen over 100 feet, as measured in a straight line between the structures. Section 8. Based upon the foregoing findings, the Planning Commission hereby approves the Site Plan Review and a Variance in Zoning Case No. 886 to retain the as built accessory outdoor structures and retaining wall subject to the following conditions: A. The Site Plan and Variance approval shall expire within six months from the effective date of approval if building permits are not obtained for the "as built" structures on the lot and final inspection issued for those structures by the Building Reso. 2015-19 5 Buggy Whip Drive 4 g, and Safety Department. The reconstruction of the wall and repair of the drainage along the accessway to the stable shall also be completed within six months from the effective date of approval. Notwithstanding the foregoing, this approval shall not expire if an extension is obtained and approved pursuant to the requirements of Sections 17.46.080(A) and 17.38.070(A) of the Rolling Hills Municipal Code. B. It is declared and made a condition of the approval that if any conditions thereof are violated, this approval shall be suspended and the privileges granted thereunder shall lapse; provided that the City has given the applicants written notice to cease such violation, the opportunity for a hearing has been provided, and if a hearing has been requested, it has been held, and thereafter the applicant fails to correct the violation within a period of thirty (30) days from the date of the City's determination. C. All requirements of the Building and Construction Ordinance, the Zoning Ordinance, and of the zone in which the subject property is located must be complied with unless otherwise set forth in this approval, or shown otherwise on an approved plan. D. The lot shall be developed and maintained in substantial conformance with the site plan on file dated July 15, 2015, except as otherwise provided in these conditions. E. Drainage plan and retaining wall plans shall be submitted and approved by Building and Safety Engineer to correct the current method of drainage of the access path to the stable, from the street to the limit of the building pad, and beyond to the corral, prior to issuance of building permits for the as built structures and to complete construction of the trellis. All run-off shall be directed away from the adjacent property to the north. Further, by September 15, 2015 or if a rain event is predicted sooner, sand bags shall be placed along the north property line up to the limit of the building pad and 10' beyond along the down slope or as recommended by the City's Building Official. F. There shall be no grading for this project, however, if necessary, fine grading/sculpting of the D.G. accessway may be permitted, subject to the review by City staff and the Building and Safety Department. G. The structural lot coverage shall not exceed 8,452 square feet or 10.9 %- with allowed deductions (20% permitted); and the total lot coverage including the structures and paved areas shall not exceed 12,818 square feet or 16.57%, with allowed deductions, (35% permitted). H. The areas of the unpermitted structures have been previously disturbed. Disturbed area of the lot is 55.6% of the net lot area (43,000 sq.ft.), which was previously approved with a Variance. Reso. 2015-19 5 Buggy Whip Drive 5 ,i3 • • I. The existing residential building pad (not in setbacks) is 15,984 square feet. The building coverage on this pad is 43% and the proposed coverage will also be 43%, due to the allowance for deduction of the accessory structures. J. During construction, conformance with the air quality management district requirements, stormwater pollution prevention practices, county and local ordinances and engineering practices so that people or property are not exposed to undue vehicle trips, noise, dust, and objectionable odors shall be required. K. During and after construction, all parking shall take place on the project site and, if necessary, any overflow parking may take place within nearby unimproved roadway easements, but not to obstruct neighboring driveways or trails. During construction, to maximum extend feasible, employees of the contractor shall car-pool into the City. L. At all times 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. M. The property owners shall be required to conform to the Regional Water Quality Control Board and County Health Department requirements for the installation and maintenance of stormwater drainage facilities. Further, the property owners shall be required to conform to the Regional Water Quality Control Board and County Public Works Department Best Management Practices (BMP's) related to solid waste. N. The property owners shall be required to conform to the City of Rolling Hills Outdoor Lighting Standards Ordinance. O. If any landscaping is introduced for this project, the trees or shrubs shall be of a type that do not grow higher than the ridge line of the residence and shall be maintained at such height at all times, so as not to impair neighbors' view. The landscaping, if planted, shall include native drought -resistant vegetation and be planted in an offset manner so that not to result in a hedge like screen. If landscaping of 5,000 square foot area or greater is introduced the landscaping shall be subject to the requirements of the City's Water Efficient Landscape Ordinance. P. 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. Reso. 2015-19 5 Buggy Whip Drive 6 8 • Further, the person obtaining a building permit for this project shall execute a Certificate of Construction stating that the project will be constructed according to this Resolution and any plans approved therewith. Q. The Rolling Hills Community Association shall approve the as built structures and the location of the proposed drainage devices. R. 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&paqe=hazard definitions#FI RE. It is the sole responsibility of the property owner and/or his/her contractor to monitor the red flag warning conditions. Should a red flag warning be declared and if work is to be conducted on the property, the contractor shall have readily available fire distinguisher. S. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills Municipal Code, any modifications or further development on 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. T. Until the applicants execute an Affidavit of Acceptance of all conditions of this approval, the approvals shall not be effective. U. All conditions of this approval, that apply, shall be complied with prior to the issuance of building permits and shall be printed on the approved plans. PASSED, APPROVED AND ADOP D H . 8t A OF AUGUST 2015. CI -ELF, IR N ATTEST: Cjilebrittgi) HEIDI LUCE, CITY CLERK Reso. 2015-19 5 Buggy Whip Drive 7 • , Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure Section 1094.6. STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS I certify that the foregoing Resolution No. 2015-19 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW TO RECONSTRUCT AN EXISTING RETAINING WALL AND VARIANCE TO ALLOW UNPERMI'1" 1'ED ACCESSORY AMENITIES WHICH ENCROACH INTO THE REQUIRED SETBACKS, INCLDING PARTS OF THE WALL, TO REMAIN ON THE PROPERTY IN ZONING CASE NO. 886, AT 5 BUGGY WHIP DRIVE, (LOT 245-A-MS), ROLLING HILLS, CA. (NGUYEN). was approved and adopted at a regular meeting of the Planning Commission on August 18th, 2015 by the following roll call vote: AYES: Commissioners Cardenas, Gray, Kirkpatrick and Chairman Chelf. NOES: None. ABSENT: Commissioner Smith. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. Aid? t CITY CLERK Reso. 2015-19 5 Buggy Whip Drive 8 1 • • gee6 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item: 6A Mtg. Date: 8 / 18 / 15 TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR' APPLICATION NO. ZONING CASE NO. 885 SITE LOCATION: 15 CABALLEROS ROAD (Lot 21-SK) ZONING AND SIZE: RA-S-1 -1.026 ACRES (EXCL. ROAD EASEMENT) APPLICANT: ALEX AND MARIE SHIPMAN REPRESENTATIVE: CRISS GUNDERSON NOTICE PUBLISHED: TULY 9, 2015 REQUEST AND RECOMMENDATION The applicants, Mr. and Mrs. Alex Shipman currently have two on -grade decks on the south side of their pool, offset in elevation by 3.75 feet, separated by a raised planter and accessed by a walkway and steps. At the upper deck nearest the home (elevation 1286.5), currently there is a waterfall that flows into the pool below, and at the lower deck (elevation 1282.75) even with the pool deck, there is a small in -grade spa. To make their poolside area more convenient and usable they propose to consolidate the two south terraces into a single large deck/patio. To accomplish this, the applicants propose to build a new 686 square foot concrete deck directly above the lower deck atop a 3.75-foot deep gravel base, matching the elevation of the upper deck. The existing waterfall at the upper level would be permanently removed and the existing spa at the lower level would be reduced in size and raised up flush with the level of the new deck. A new outdoor kitchen with cooking facilities and counter is proposed on the consolidated deck area and a new set of steps will be constructed at the east end of the pool to provide access up from the pool to the raised deck. A portion of the new deck will encroach 6.5 feet into the side setback at a height of 3.75 feet. One new 3.75-foot wall will be built on the north perimeter of the new deck, also in the side setback to retain the new deck. No grading is proposed. 2. The Planning Commission conducted a field trip to the subject property on July 21, 2015 and at its regular meeting on the same date, conducted a public hearing and directed staff to prepare a Resolution approving the application subject to conditions. ZC No. 885 15 Caballeros Rd. 0 • • The attached Resolution No. 2015-17 contains standard findings of fact and conditions, including conditions specific to this case, such as: that no trellis or other above ground structure be constructed on the deck; that any further construction or development on the property be reviewed and approved by the Planning Commission; that the vegetation in the proposed planters may not grow higher at any time than 4'. 3. It is recommended that the Planning Commission review and consider the attached Resolution for approval. ZC NO.885 15 Caballeros Rd. i •► RESOLUTION NO. 2015-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW AND VARIANCES TO CONSTRUCT A RAISED DECK AND A WALL; TO ENCROACH WITH A PORTION OF THE WALL AND WITH THE RAISED DECK INTO THE SIDE SETBACK AND TO EXCEED THE ALLOWED MAXIMUM STRUCTURAL AND TOTAL LOT COVERAGE IN ZONING CASE NO. 885, AT 15 CABALLEROS ROAD, (LOT 21-SK), ROLLING HILLS, CA, (SHIPMAN). 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 Alex and Marie Shipman with respect to real property located at 15 Caballeros Road, (Lot 21-SK), Rolling Hills, CA requesting a Site Plan Review and Variances to construct a 686 square foot raised deck with supporting retaining walls. The raised deck would be 3.75 feet above grade including a planter wall 3' above the raised deck along the eastern limit of the raised deck. The raised deck would encroach 6.5 feet into the 20-foot wide easterly side setback and a portion of a wall located along the north side of the new deck would also encroach into the side setback, with said construction, to exceed the maximum allowed coverage with an increases from 24.55% to 26.78% where 20% maximum allowed for structural coverage and, an increase from 43.87% to 44.22% where 35% maximum allowed for total lot coverage. Section 2. The Planning Commission conducted duly noticed public hearings to consider the application on July 21, 2015 at regular Planning Commission meetings and in the field also on July 21, 2015. The applicant was notified of the public hearings in writing by first class mail. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. The applicants' representative was in attendance at the regular meeting hearing. One neighbor came to the field trip meeting, but did not object to the project, except to request that she be notified if the owners propose any new trellis of other high structure on the patio. Section 3. The subject property is zoned RAS-1, located on Caballeros Road, irregularly shaped lot, with net lot area for development purposes of 36,859 square feet. The proposed raised deck would be at the same elevation as an existing upper terrace, creating a consolidated single outdoor living area as opposed to two separate tiered terraces. A new outdoor kitchen is to be constructed on the consolidated terrace area. Reso. 2015-17 15 Caballeros Rd. • Section 4. The Planning Commission finds that the project qualifies as Class 3 Exemption, pursuant to Section 15303 of the CEQA (California Environmental Quality Act) Guidelines as new construction of a small structure and is therefore exempt from environmental review. Section 5. A Site Plan Review is required subject to Section 17.46.020 of the Zoning Ordinance, in that the proposed raised deck is a structural addition. With respect to the Site Plan Review application for the subject deck, the Planning Commission makes the following findings of fact: A. The proposed development is compliant with all requirements of the Zoning Ordinance except as approved herein by Variance, and is compatible with the General Plan and surrounding uses because the proposed project is consistent with goals and policies that require low profile, low -density residential development with sufficient open space between surrounding structures. The deck construction will occur in an area previously graded and disturbed and there will be no new grading. The elevated condition and "bulk" of the new deck will be mitigated, as the new deck area will be visually shielded by vegetation and the existing residence. B. The development plan substantially preserves the natural and undeveloped state of the lot because no grading is required and the proposed deck improvement is relatively minor change to an existing outdoor patio area, and would be located above an existing patio. The construction will not adversely affect or be materially detrimental to the adjacent uses, buildings, or structures because the proposed improvements will be constructed on a portion of the lot which is least intrusive to surrounding properties, will be screened and landscaped with vegetation and is of sufficient distance from nearby residences so that the proposed project will not impact the view or privacy of surrounding neighbors. C. The proposed development, as conditioned, is harmonious in scale and mass with the site, the natural terrain and surrounding residences. The proposed project is consistent with the scale of homes in the surrounding RA-S-1 similarly zoned neighborhood. The proposed project entails a construction of a raised deck approximately 686 square feet in area, within an existing outdoor living and recreational area on the property consisting of a swimming pool, water element, terraced "on -grade" patios and spa for the purpose of enhancing and facilitating outdoor living on the site, a common residential amenity enjoyed by property owners throughout the City. The proposed raised deck would be located above and within the same configuration as an existing on grade deck. 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, subject to concurrent approval of Variances pursuant to Section 6 of this resolution. The proposed raised deck would be located above and within the same configuration as an existing on grade deck. Reso. 2015-17 15 Caballeros Rd. 2 of E. 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%. F. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles because no change is proposed to the existing driveway, which is in compliance with applicable requirements. Section 6. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code permit approval of a Variance granting relief from the standards and requirements of the Zoning Ordinance when exceptional or extraordinary circumstances applicable to the property prevent the owner from making use of a parcel of property to the same extent enjoyed by similar properties in the same vicinity or zone. In proposing to encroach 6.5 feet into the 20-foot easterly side yard setback with a new raised deck supported by a 3.75-foot tall retaining wall, Variances are required to grant relief from the following Sections of the Zoning Ordinance: 17.16.150 (Structures and driveways permitted in setbacks), where the height of the proposed deck -greater than 12" above grade, and supporting retaining wall greater than 3', and 17.16.070 (maximum allowed lot coverage) in which case the proposed total structural and total lot coverage area would exceed the allowed amounts with an increases from 24.55% to 26.78% where 20% maximum is allowed for structural coverage and, an increase from 43.87% to 44.22% where 35% maximum total lot coverage is allowed. With respect to the aforementioned requests for Variances, the Planning Commission finds as follows: A. There are exceptional circumstances and conditions on the subject property as follows: Regarding requested variance from Zoning Ordinance Sections 17.16.150, and 17.16.070 relating to the height and projection into the setback for the proposed deck and wall: there is an existing fall in elevation of approximately 13 feet between the garage exterior grade and elevation of lower pool deck below, between which the property is improved with existing terraces and access steps between. The sloping condition of the lot in this area constrains the ability to have a single level outdoor living area of a size that can be adequately furnished and usable. Projection of the raised deck into the side setback would enable the property owners to construct a reasonably sized level patio designed for outdoor living by utilizing an existing planter wall in the easterly setback as a structural support. The proposed raised deck would be located above and within the same configuration as an existing on grade deck. Regarding the requested variance from Section 17.16.070, relating to maximum structural and total lot coverage limits: the property has an unusually long street Reso. 2015-17 15 Caballeros Rd. 3 `✓ • • frontage along Caballeros Road, of approximately 485 lineal feet, which, due to related roadway easements and applicable setbacks, effectively diminishes the base "net lot area" upon which allowed impervious and structural coverage is based. In addition, the exceptional length of the existing driveway, which is necessary in order to avoid sloping conditions along Caballeros Road, requires a large amount of paved area, which in turn, reduces the residual amount of lot area that can be covered with impervious material without exceeding the limit. Likewise the size of the existing home including several covered porches, constrains the residual amount of net lot area that can be covered with new structural improvements without exceeding the code limit. B. The variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property owners in the same vicinity and zone but which is denied to the property in question by strict application of the code. The property right which otherwise would be enjoyed is the ability to utilize a portion of their rear yard with a sizeable patio to accommodate outdoor recreational use, including an outdoor kitchen, which currently can not be enjoyed due to the terraced configuration. The location of the deck is the least visually intrusive to the property and its neighbors. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the properties or improvements in such vicinity and zone in which the property is located in that the degree of deviation from the allowed amount of encroachment (6-inches) and wall height (9 inches) is relatively minor. Further, the proposed patio would not be visible from the adjoining street or private properties and therefore is not expected to result in any visual or privacy impacts. D. In granting of the Variance the spirit and intent of the Zoning Ordinance will be observed in that the proposed patio construction will be orderly, attractive, in line with an existing on -grade patio footprint and will not affect the rural character of the community. The subject property is currently improved with a suitable stable and corral area and the proposed patio will not impact use of these existing structures. E. The Variance request is consistent with the General Plan of the City of Rolling Hills because the proposed structures comply with the General Plan requirement of low profile, low -density residential development with sufficient open space between surrounding structures. F. The Variance is consistent with the portions of the County of Los Angeles Hazardous Waster Management Plan relating to siting and siting criteria for hazardous waste facilities. Section 7. Based upon the foregoing findings, the Planning Commission hereby approves the Site Plan Review and Variances in Zoning Case No. 885 for new Reso. 2015-17 15 Caballeros Rd. 4 raised deck, walls and to exceed the maximum permitted structural and total lot coverage subject to the following conditions: A. Expiration. The Site Plan and Variances approval shall expire within two years from the effective date of approval if construction pursuant to this approval has not commenced within that time period, as required by Sections 17.38.070(A) of the Rolling Hills Municipal Code, or the approval granted is otherwise extended pursuant to the requirements of those sections. B. Enforcement. It is declared and made a condition of the approval, that if any conditions thereof are violated, this approval shall be suspended and the privileges granted thereunder shall lapse; provided that the City has given the applicants written notice to cease such violation, the opportunity for a hearing has been provided, and if requested, has been held, and thereafter the applicant fails to correct the violation within a period of thirty (30) days from the date of the City's determination. C. Plan conformance with Municipal Code and Planning Commission approval Resolution. All requirements of the Building and Construction Ordinance, the Zoning Ordinance, and of the zone in which the subject property is located must be complied with unless otherwise set forth in the Permit, or shown otherwise on an approved plan. The lot shall be developed and maintained in substantial conformance with the site plan on file dated June 30, 2015, except as otherwise provided in these conditions. The working drawings submitted to the Department of Building and Safety for plan check review must conform to the development plan approved with this application. A copy of the conditions of this Resolution shall be printed on plans approved when a building permit is issued and a copy of such approved plans, including conditions of approval, shall be available on the building site at all times. The licensed professional preparing construction plans for this project for Building Department review shall execute a Certificate affirming that the plans conform in all respects to this Resolution approving this project and including conformance with all of the conditions set forth therein and the City's Building Code and Zoning Ordinance. Further, the person obtaining a building permit for this project shall execute a Certificate of Construction stating that the project will be constructed according to this Resolution and any plans approved therewith. D. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills Municipal Code, any modifications to the property or this project, which would constitute additional grading, height or any structural development including a Reso. 2015-17 15 Caballeros Rd. 5 i • trellis or other similar above ground structure shall require the filing of a new application for approval by the Planning Commission. E. There shall be no grading for this project. F. Structural lot coverage shall not exceed 9,874 square feet, or 26.78%; with allowance the structural coverage shall be no more than 26.46%. Total lot coverage of structures and paved areas shall not exceed 8,978 square feet or 44.65% or, with allowances, 8,266 square feet or 48.5% without allowances in accordance with the proposed plan. G. The disturbed area of the lot is 100% (of net lot area) and as such is legal nonconforming. The proposed construction shall be contained as proposed within an already disturbed area of the property. H. Residential building pad coverage on the 18,511 square foot residential building pad shall be 44.65% including allowed deductions or 48.5% without deductions, which includes the proposed raised patio. I. The existing stable and corral or 1,000 square foot area, feasible for development of a stable, corral and access thereto, shall be retained on the property. J. The applicant shall obtain building permits for the proposed raised patio addition and walls. K. During construction, conformance with the air quality management district requirements, stormwater pollution prevention practices, county and local ordinances and engineering practices so that people or property are not exposed to undue vehicle trips, noise, dust, and objectionable odors shall be required. L. During and after construction, all parking shall take place on the project site and, if necessary, any overflow parking shall take place within nearby unimproved roadway easements, but not to obstruct neighboring driveways. During construction, to maximum extend feasible, employees of the contractor shall car-pool into the City. M. 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. N. The property owners shall be required to conform to the Regional Water Quality Control Board and County Health Department requirements for the installation and maintenance of stormwater drainage facilities. Reso. 2015-17 15 Caballeros Rd. • • Further, the property owners shall be required to conform to the Regional Water Quality Control Board and County Public Works Department Best Management Practices (BMP's) related to solid waste. O. The property owners shall be required to conform to the City of Rolling Hills Outdoor Lighting Standards Ordinance. P. Minimum of 50% of the construction material spoils shall be recycled and diverted. The hauler shall provide the appropriate documentation to the City. Q. If any new landscaping is introduced for this project, either within a planter or along a wall, such vegetation shall be maintained to not exceed a height of 4- feet above finished grade at all times. R. Rolling Hills Community Association Review. The project must be reviewed and approved by the Rolling Hills Community Association Architectural Review Committee prior to the issuance of building permit. Perimeter easements and trails, if any, shall remain free and clear of any improvements including, but not be limited to, fences -including construction fences, grading, landscaping, irrigation and drainage devices, play equipment, parked vehicles, driveways, building materials, debris and equipment, unless the Rolling Hills Community Association approves an encroachment. S. The contractor shall not use tools that could produce a spark, including for clearing and grubbing, during red flag warning conditions. Weather conditions can be found at: http://www.wrh.noaa.gov/lox/main.php?suite=safety&page=hazard_definitions#FIR E. It is the sole responsibility of the property owner and/or his/her contractor to monitor the red flag warning conditions. Should a red flag warning be declared and if work is to be conducted on the property, the contractor shall have readily available fire distinguisher. T. Until the applicants execute an Affidavit of Acceptance of all conditions of this approval, the approvals shall not be effective. PASSED, APPROVED AND ADOPTED THIS 18th DAY OF AUGUST 2015. BRAD CHELF, CHAIRMAN ATTEST: HEIDI LUCE, CITY CLERK Reso. 2015-17 15 Caballeros Rd. • • Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure Section 1094.6. STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 2015-17 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW AND VARIANCES TO CONSTRUCT A RAISED DECK AND A WALL; TO ENCROACH WITH A PORTION OF THE WALL AND WITH THE RAISED DECK INTO THE SIDE SETBACK AND TO EXCEED THE ALLOWED MAXIMUM STRUCTURAL AND TOTAL LOT COVERAGE IN ZONING CASE NO. 885, AT 15 CABALLEROS ROAD, (LOT 21-SK), ROLLING HILLS, CA, (SHIPMAN). was approved and adopted at a regular meeting of the Planning Commission on August 18, 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. CITY CLERK Reso. 2015-17 15 Caballeros Rd. 8 • TO: FROM: APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: NOTICE PUBLISHED: aiRafhwo qez INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item: 4A Mtg. Date: 7/21/15FT HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR ZONING CASE NO. 885 15 CABALLEROS ROAD (Lot 21-SK) RA-S-1 -1.026 ACRES (EXCL. ROAD EASEMENT) ALEX AND MARIE SHIPMAN CRISS GUNDERSON DULY 9, 2015 REQUEST AND RECOMMENDATION 1. The applicants, Mr. and Mrs. Alex Shipman currently have two on -grade decks on the south side of their pool, offset in elevation by 3.75 feet, separated by a raised planter and accessed by a walkway and steps. At the upper deck nearest the home (elevation 1286.5), currently there is a waterfall that flows into the pool below, and at the lower deck (elevation 1282.75) even with the pool deck, there is a small in -grade spa. To make their poolside area more convenient and usable they propose to consolidate the two south terraces into a single large deck/patio. To accomplish this, the applicants propose to build a new 686 square foot concrete deck directly above the lower deck atop a 3.75-foot deep gravel base, matching the elevation of the upper deck. The existing waterfall at the upper level would be permanently removed and the existing spa at the lower level would be reduced in size and raised up flush with the level of the new deck. A new outdoor kitchen with cooking facilities and counter is proposed on the consolidated deck area and a new set of steps will be constructed at the east end of the pool to provide access up from the pool to the raised deck. A portion of the new deck will encroach 6.5 feet into the side setback at a height of 3.75 feet. One new 3.75-foot wall will be built on the north perimeter of the new deck, also in the side setback to retain the new deck. No grading is proposed. ZC No. 885 15 Caballeros Rd. • • 2. The proposed work requires a Site Plan Review for the construction of an above ground deck structure. Variances are required because the proposed deck and a new retaining wall will project into the side setback; and because the deck construction will exceed the allowed total and structural net lot coverage. 3. It is recommended that the Planning Commission review the staff report, view the project in the field, take public testimony and continue the meeting to the evening meeting of the Planning Commission. BACKGROUND 4. The property is zoned RAS-1 and is located at 15 Caballeros Road. The site contains 1.26 acres (exclusive of roadway easements) and is irregular in shape with Caballeros Road adjoining the front yard and one side yard. The site is improved with two pads, one for the main residence, and another for a stable and covered porch. 5. The project site is currently developed with a 5,080 square foot residence, 785 square foot garage, 533 square foot stable, 1,168 square feet of covered porches, an 885 square foot pool and spa and other associated structures. There is also an out of grade basement on the property and a portion of the residence is located in the front yard setback, but these are legal non -conforming conditions that will not be exacerbated. Permit records indicate that the home and stable were constructed in 1962 and the pool and decking in 1968. There have been no major home additions since the original construction. MUNICIPAL CODE COMPLIANCE 6. A Site Plan Review is required because the proposed raised deck is a structural addition. Variances are required for the following reasons: 1) the deck requires placement of a new 3.75-foot retaining wall within the 20-foot wide east side yard setback (Sec. 17.16.150 - Structures and driveways permitted in setbacks); 2) the deck, elevated above the ground, project 6.5 feet into the east side yard setback (Sec. 17.16.140B - Permitted projections); 3) construction of the deck will exceed the maximum 20% allowed structural coverage (Sec. 17.16.070.1) and the maximum 35% allowed total (structural and flatwork) lot coverage (Sec. 17.16.070.2). The first two variances relate to the projection of the deck 6.5 feet into the 20-foot side yard setback at an elevation of 3.75 feet above the existing ground level. Although there are existing walls on the west, south and east sides to support the new deck, a new wall is needed on the north side of which a portion will project 6.5 feet into the side setback. ZC NO. 885 15 Caballeros Rd. • In this case the proposed wall will not exceed the height of other existing planter walls around the perimeter of the raised deck and sufficient clearance will be provided for pedestrian passage. The net lot area for development purposes is 36,859 square feet. With respect to the coverage Variances, the structural coverage (20% maximum, currently nonconforming) on the lot will be increased by 1.9% to 26.46%, with the allowed deductions, and the total coverage (35% maximum, currently nonconforming) will be increased by .35% to 44.22%. The site has 100% disturbed area, exceeding the maximum of 40%. This is a legal nonconforming condition that will not be exacerbated; therefore no variance is required. 7. Approximately 145 square feet of the proposed raised deck would encroach 6.5 feet into the 20-foot side yard setback. The portion of the deck located in the side setback will be 3.75 feet above grade on the north and east sides. Pursuant to Section 17.16.140B, above grade, uncovered porches are not permitted in setbacks. The applicant also intends to reconfigure the existing service yard area adjoining the garage and re -landscape the slope between the service yard and deck, replacing stepping- stones that provide access. 8. The residence and pool building pad is 18,511 square feet in area and currently has coverage of 44.25%. With the project, the pad coverage will increase to 48.5%. The guideline established by the Planning Commission is 30% maximum pad coverage. REVIEW CRITERIA AND APPLICANTS' TUSTIFICATION 9. When reviewing a Site Plan Review and Variance 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 as well as consider any extraordinary conditions on the property for granting of a variance. The applicants' representative has stated the following justifications for approval: • The existing decks are terraced due to the sloping conditions on the property, which provide a constraint in creating outdoor living areas of reasonable size to be adequately furnished and usable. • The proposed deck is to be constructed on and replaces an existing deck area in an already disturbed area. ZC NO.885 15 Caballeros Rd. • • • The proposed deck at a raised elevation is not expected to create any new noise or visual impacts, as it will be screened by property line walls and vegetation and will be visible only from the applicants' property. • The relatively small size and sloping topography, as well as the existing layout of the home and pool preclude creating a similarly sized deck or patio elsewhere on the lot without new grading and construction of new retaining walls. 10. The Rolling Hills Community Association Architectural Committee will review this project at a later date. 11. The project is exempt from CEQA (California Environmental Quality Act) requirements. ZONING CASE NO. 882 SITE PLAN REVIEW RA-S- 1 ZONE SETBACKS Front: 50 ft. from front easement line Side: 20 ft. from side property line Rear: 50 ft. from rear property line SPR required for raised deck. Variances for encroachment of the deck and wall into side setback and exceedance of total lot coverage and structural coverage. 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) ZC NO. 885 15 Caballeros Rd. EXISTING SINGLE FAMILY RESIDENCE, GARAGE, POOL, STABLE, TERRACED DECKS Residence Garage Pool/ spa Pool equip. Stable Service yard Water feature Attached porch Trellis (attachd) Decks (above grade) Outdoor Kitchn TOTAL N/A 5080 sq.ft. 785 sq.ft. 885 sq.ft. 53 sq.ft. 533 sq. ft. 130 sq.ft. 36 sq. ft. 1168 sq ft. 417 sq. ft. 0 sq. ft. 0 sq. ft. 9087 sq.ft. PROPOSED SINGLE LEVEL DECK WITH SUPPORTING WALL AND OUTDOOR KITCHEN Residence Garage Pool/spa Pool equip. Stable Service yard Water feature Attach porch Trellis (attachd) Decks (above grade) Outdoor Kitchn TOTAL N/A 5080 sq.ft. 785 sq.ft. 852 sq.ft. 53 sq.ft. 533 sq.ft. 130 sq.ft. 0 sq.ft. 1168 sq. ft. 417 sq.ft. 686 sq. ft 170 sa. ft. 9874 sq. ft. 24.55 % or 9051 of 36,859 s.f. net lot 26.8% of 36,859 s.f. net lot area area (w/deductions) (26.46%or 9754 w/deductions) TOTAL LOT COVERAGE (35% maximum) (with deductions) BUILDING PAD COVERAGE (30 % maximum -guideline) Residential/pool (Pad 1) 40.8% (with deductions) Stable (Pad 2) 66.32% (with deductions) DISTURBED AREA 100%, or 36,859 sq. ft. (40% maximum; any graded building pad area, any remedial grading (temporary disturbance), any graded slopes and building pad areas, and any non -graded area where impervious surfaces exist.) STABLE (min. 450 SQ.FT. Existing & 550 SQ.FT. CORRAL) STABLE ACCESS Existing ROADWAY ACCESS Existing driveway approach VIEWS N/A PLANTS AND ANIMALS N/A 43.87% or 16,172 s.f. net lot area 44.22% or 16,300 s.f. of 36,859 s.f. net lot area (w/ deductions) 44.65% (with deductions) 66.32% (with deductions) 100%, or 36,859 sq. ft. Existing Existing Existing driveway approach Planning Commission review Planning Commission review SITE PLAN REVIEW CRITERIA 17.46.010 Purpose. The site plan review process is established to provide discretionary review of certain development projects in the City for the purposes of ensuring that the proposed project is consistent with the City's General Plan; incorporates environmentally and aesthetically sensitive grading practices; preserves existing mature vegetation; is compatible and consistent with the scale, massing and development pattern in the immediate project vicinity; and otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills. 17.46.050 Required findings. A. The Commission shall be required to make findings in acting to approve, conditionally approve, or deny a site plan review application. B. No project which requires site plan review approval shall be approved by the Commission, or by the City Council on appeal, unless the following findings can be made: 1. The project complies with and is consistent with the goals and policies of the general plan and all requirements of the zoning ordinance; 2. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. Lot coverage requirements are regarded as maximums, and the actual amount of lot coverage permitted depends upon the existing buildable area of the lot; ZC NO. 885 15 Caballeros Rd. • • 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.885 15 Caballeros Rd.