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833, Construct a sport court & caba, Staff Reports• • &re/ 06 Weig9 qieed INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No.4A Mtg. Date: 02/25/13 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR THROUGH: ANTON DAHLERBRUCH, CITY MANAGER SUBJECT: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR GRADING AND CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CABANA WITH SUBTERRANEAN STORAGE AREA AND A SPORTS COURT IN ZONING CASE NO. 833 AT 9 MIDDLERIDGE LANE SOUTH, (LOT 248 C-UR), ROLLING HILLS, CA. (WAGNER). THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). REQUEST AND PLANNING COMMISSION ACTION 1. It is recommended that the City Council receive and file this report or provide other direction to staff. 2. The applicants request a Conditional Use Permits (CUPs) for a 558 square foot partially enclosed cabana with a 405 square foot subterranean wine cellar, to be located under ground and behind the cabana, and a 1,350 square foot sports court as well as a Site Plan Review (SPR) for grading of 198.55 cubic yards of cut and 198.55 cubic yards of fill, including excavation of the wine cellar. The project also includes outdoor hardscape and landscaping improvements throughout the lot, including new patio area, expansion of upper patio, outdoor bbq, stairs and paths to the lower area of the sports court and the cabana, various short walls, grape vines on the slopes and on grade walking paths. These improvements could be approved administratively and they do not require Planning Commission review. 3. The Planning Commission approved the project and adopted the enclosed Resolution, finding that the project is in compliance with the Zoning Ordinance and the ZC. No. 833 f General Plan, is located on a large lot and that the project would not cause the lot to be overbuilt, and due to the fact that the project requires very little grading and no neighbors objected to the project. The Vote was 3-0-1-1. Commissioner Henke abstained due to the fact that he was absent for the field trip and Commissioner Smith was absent from the meeting, although she voted in favor of preparing the resolution of approval at the previous Planning Commission meeting. Attached is a Resolution with standard findings and facts, including: • Any future development on the property may be permitted with Planning Commission review and approval • Construct trash enclosure • Provide screening on all sides for the sports court • Landscaping plan and landscaping security deposit is required • Sport court lights are prohibited • Provide DG or similar surface area around the stable • Replace the roll up door with a stable -like door • Put up a construction fence downslope from the sports court to prevent debris falling onto the adjacent property • Provide a flag man during delivery of heavy equipment and cement to control traffic and observe any spills. Spills shall be immediately cleaned up. BACKGROUND 4. The lot is a 5.69-acre in size in the RAS-2 zoning district. Middleridge Lane cuts through the lot with approximately 2.1 acres located east of the road having a steep slope. The property backs up to the west to the Storm Hill Park. For development purposes the lot is 203,576 square feet or 4.67 acres. The property is currently developed with a 5,600 square foot residence, 800 square foot garage, and 650 square foot stable. A flat area for a corral exists adjacent to the stable structure and will remain porous. The main residence, swimming pool and the stable were built in 1963. A large addition was constructed in 1972. 5. All new development in the City require that the property maintain a stable structure with adjacent corral or set aside an area for a future stable and corral. Building permits show a 1963 permit for a 650 square foot one story stable. The stable is located in the side setback; which were different in 1963 and is therefore non -conforming as to the location. As shown in the pictures, currently the stable is used for storage and it does not appear that the interior was modified from the original construction. The stable complies with the Stable Ordinance requirements, except that there is a roll up door to a portion of the stable and the area adjacent to the door is paved. The Planning Commission placed a condition to replace the roll up door and to provide a porous (not paved) surface for the access to the stable. 6. The proposed cabana and sports court require a conditional use permit. The cabana will have a solid roof and be partially enclosed by walls and will contain a bathroom. The Z.C. No. 833 • • proposed wine cellar will be located adjacent to the cabana, under the existing slope. Its floor will be 36" lower than the cabana floor. No structure is proposed above the wine cellar and therefore it is not considered a basement, because it is not located under the first story, (Section 17.16.080B). Pursuant to the Zoning Code, subterranean structures, other than basements, are counted towards structural and total lot coverage, building pad and disturbance, (Sections 17.16.070 and 17.12.020). 7. The sports court is proposed to be 1,350 square feet and will be adjacent to the side setback line. No grading or retaining walls are proposed for the court. 8. There are several flat pads on the property. The applicants propose to add a patio area on the upper pad, and the cabana and sports court will be added on the middle pad. The cabana will be below the slope, so that the natural slope will hide the backside. A flat area and a drainage swale will be located behind the cabana. On grade stairs will connect the pads and several paths will be created connecting the flat areas and along the grape vines on the slopes. Several new, not to exceed 3' high walls will be constructed along the patios and paths. The dirt from excavating of the wine cellar will be used to fill in, approximately 6"of the lowest patio area behind the cabana and the sports court area. A Bocce Court will be located on that pad and will have grass surface. MUNICIPAL CODE COMPLIANCE 9. The proposed earthwork would involve a total cut and fill of approximately 397 cubic yards of dirt. Most of the dirt from the wine cellar will be used to fill the lower pad/lawn area by no more than 6". The proposed paths and stairs will be on grade and do not require grading. A future ground mounted solar panel array is also shown on the plan, but is not part of this approval. 10. The project requires a Conditional Use Permit for the recreational court and cabana (RHMC 17.16.210 A.2 and A.7) and a Site Plan Review due to the grading (RHMC 17.46.020A.1) and the wine cellar. 11. There are two building pads on the property. The main residential building pad is 23,790 square feet and will have coverage of 7,613 square feet or 31.6%, (excluding allowed deductions). The second building pad will be 18,000 square feet and will have coverage of 2,558 square feet or 16.5%. It includes the sports court, cabana, wine cellar and stable. The wine cellar is proposed to be located under a slope. It is included in the cabana building pad, as the zoning code requires that subterranean structures be counted against the building pad coverage. 12. The structural lot coverage is proposed at 10,371 square feet or 5.1%, which includes all the structures, including the wine cellar and sports court (20% permitted); and the total lot coverage including the structures and all paved areas is proposed to be 23,740 square feet or 11.7% (35% permitted). Z.C. No. 833 13. 68,240 square feet or 33.5% of the lot will be disturbed, an increase of 1,000 square feet, (40% total disturbance permitted). 14. Section 17.16.210 (A)(2) of the Zoning Ordinance contains conditions for cabana, subject to approval of a Conditional Use Permit. The cabana shall met the following requirements: REQUIREMENTS Shall not exceed 800 sq.ft. Shall not be located in the front yard or in any setback A kitchenette and sanitary facility (show€ sink and toilet) is permitted No sleeping or renting is permitted PROPOSED 558 sq.ft. cabana is proposed with (405 sq.ft. underground wine cellar -outside the footprint of the cabana) Not located in setbacks or front yard Sanitary facility is proposed in the wine cellar. BBQ and entertainment amenities are proposed in the cabana Cabana will have mostly open sides. Not for sleeping or renting 15. Section 17.16.210 (A)(7) of the Zoning Ordinance contains conditions for recreational game courts, subject to approval of a use permit. These conditions, listed below, are intended to ensure that such structures: are ancillary recreational uses, do not eliminate an existing or future development for a stable, do not create visual or other impacts and blend in with the existing topography and landscape or views. Recreational Game Courts are defined as: tennis, racquetball and squash courts, and any other fenced, enclosed, paved or hard -surfaced areas used for recreational purposes. REQUIREMENTS: A legally required and accessible stable and corral area shall be provided on site A game court shall not be located in the front yard or any setback; A game court shall not be located within fifty feet of any paved road or street easements; Retaining walls constructed for a game court shall not exceed four feet in height at any point along the wall; retaining walls shall not be exposed to the exterior; and if necessary to minimize the visual impact, the game court surface shall be inset or sunken below grade; The construction of a game court shall Z.C. No. 833 PROPOSED: Stable structure and corral existing. Stable structure is used for storage. Proposed project is not in setback or front yard Proposed project is not located within fifty feet of any paved road or street easements No retaining walls are proposed for the sports court All development standards for coverage are conform to the lot coverage limitations as set forth in Section 17.16.070; A game court shall not be located on a slope that exceeds a 2:1 grade; A game court shall not be located on the side or bottom of a canyon or in the path of a natural drainage course; When grading is required for a game court, cutting and filling shall be balanced on site and shall not exceed a total cut and fill of 750 cubic yards; When grading is required for a game court pad, cutting and filling shall be balanced on site and the pad shall not exceed 10,000 square feet; The existing topography, flora and natural features of the site shall be retained to the greatest extent possible; Drainage systems shall be incorporated into the game court and shall be approved by the City Engineer; A game court shall be adequately screened on all four sides; Landscape screening shall include native or other drought -tolerant mature trees and shrubs, which shall be maintained in a healthy condition. The landscape screening shall not exceed the mature height determined by the Planning Commission or City Council and shall be approved in accordance with the site plan review process pursuant to Chapter 17.46; Landscaping shall not interfere with the views cape of surrounding properties or pursuant to Chapter 17.26; Game court lighting shall not be permitted; Design and construction of a game court shall include methods to mitigate visual and noise impacts. Z.C. No. 833 within the permitted standards Currently the area is flat. No grading is required to create the court Location of proposed court is not in a canyon or in a natural drainage course No grading is required for the court. Court is proposed to be 1,350 square feet and no grading is required. Existing flat area Minimal impact on the natural drainage course. Court area is already flat. Detailed landscaping plan will be required. Conceptual plan shows trees to be planted on exterior sides of court for visual screening. There are no side easements on this lot, therefore the proposed trees are not encroaching into an easement. Planning Commission condition to require that the applicant submit detailed plan and a security deposit be placed with the City for the landscaping. Landscaping to be planted around court perimeter to be designed to screen the perimeter fencing. Condition will be imposed prohibiting lighting. Landscaping plan to be required for purpose of beautifying, and buffering the development. Daytime use only will minimize noise. • • CONCLUSION 16. When reviewing a 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; and otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills. 17. A sports court and cabana are uses that require a conditional use permit, which must meet certain criteria as set by the State Zoning and Planning Law. In reviewing a CUP the Planning Commission must find that the use is consistent with the General Plan and development standards of the City, including provision for open space and maintaining rural environment and that the use will not adversely affect adjacent properties. 18. Rolling Hills Architectural Committee reviewed the cabana and wine cellar and approved it in concept. They recommended that a parapet wall be constructed at the back of the cabana to retain dirt and to provide a flat area adjacent to the walls before grade slopes down to the lower retaining wall to reduce the possibility of erosion. ZONING CASE NO. 833 SITE PLAN REVIEW/CUP 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 CUP required for cabana and sports court. Site Plan Review for grading 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 Z.C. No. 833 EXISTING SINGLE FAMILY RESIDENCE AND ACCESSORY STRUCTURES Residence Garage Service yard Pool Pool equip. Stable TOTAL N/A 5600 sq.ft. 800 sq.ft 22 sq.ft 875 sq.ft 37 sq.ft. 650 sq.ft 7,984 sq.ft. PROPOSED CABANA, WINE SPORTS COURT (SPR, CUP) Residence Garage Service yard Pool Pool equipm. Cabana Stable Det. Trellis BBQ Sports Court Subterranean wine cellar TOTAL CELLAR AND 5600 sq.ft. 800 sq.ft. 96 sq.ft. 875 sq.ft. 37 sq.ft. 558 sq.ft. 650 sq.ft. 200 sq.ft. 85 sq.ft. 1350 sq.ft. 405 sq.ft. 10,656 sq.ft 198.55 c.y. cut and 198.55 c.y. fill to be balanced on site 3.9% 5.1% of 203,576 s.f. net lot area 9.2% 11.7% of 203,576 s.f. net lot area Y (35% maximum) BUILDING PAD COVERAGE (30% maximum -guideline) Residential Stable, sports court pad 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 SO.FT. & 550 SO.FT. CORRAL) STABLE ACCESS ROADWAY ACCESS VIEWS PLANTS AND ANIMALS 30.9% 3.6% (stable only) 33.4% 650 sq.ft. existing Existing Existing driveway approach N/ A N/A 31.6% of 23,790 sq.ft. residential bldg pad 16.5% of 18,000 s.f. pad 33.5% of 203,576 s.f. net lot area 650 sq.ft. existing Existing Existing driveway approach Planning Commission condition Sports court to be screened 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); Z.C. No. 833 • • 5. Grading has been designed to follow natural contours of the site and to minimize the amount of grading required to create the building area; 6. Grading will not modify existing drainage channels nor redirect drainage flow, unless such flow is redirected into an existing drainage course; 7. The project preserves surrounding native vegetation and mature trees and supplements these elements with drought -tolerant landscaping which is compatible with and enhances the rural character of the community, and landscaping provides a buffer or transition area between private and public areas; 8. The project is sensitive and not detrimental to the convenient and safe movement of pedestrians and vehicles; and 9. The project conforms to the requirements of the California Environmental Quality Act. CRITERIA FOR APPROVAL OF CONDITIONAL USE PERMIT: 17.42.050 Basis for approval or denial of conditional use permit. The Commission (and Council on appeal), in acting to approve a conditional use permit application, may impose conditions as are reasonably necessary to ensure the project is consistent with the General Plan, compatible with surrounding land use, and meets the provisions and intent of this title. In making such a determination, the hearing body shall find that the proposed use is in general accord with the following principles and standards: A. That the proposed conditional use is consistent with the General Plan; B. That the nature, condition and development of adjacent uses, buildings and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, building or structures; C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed; D. That the proposed conditional use complies with all applicable development standards of the zone district; E. That the proposed use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; F. That the proposed conditional use observes the spirit and intent of this title. SOURCE: City of Rolling Hills Zoning Ordinance Z.C. No. 833 • • RESOLUTION NO. 2013-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR GRADING AND CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CABANA WITH SUBTERRANEAN STORAGE AREA AND A SPORTS COURT IN ZONING CASE NO. 833 AT 9 MIDDLERIDGE LANE SOUTH, (LOT 248 C-UR), ROLLING HILLS, CA. (WAGNER). THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. Application was duly filed by Mr. and Mrs. Keith Wagner with respect to real property located at 9 Middleridge Lane South (Lot 248 C-UR) Rolling Hills, requesting Conditional Use Permit for a 558 square foot partially open cabana with a 405 square foot walk-in subterranean wine cellar, to be located under ground and behind the cabana, and a 1,350 square foot sports court as well as a Site Plan Review (SPR) for grading of 198.55 cubic yards of cut and 198.55 cubic yards of fill, including excavation of the wine cellar and for the wine cellar. The project also includes outdoor hardscape and landscaping improvements throughout the lot, including new patio areas, outdoor barbeque, stairs and paths to the lower area of the sports court and the cabana, various short walls, grape vines on the slopes and on grade walking paths. Section 2 The Planning Commission conducted duly noticed public hearings to consider the application on January 15, 2013 in the field and January 15, 2013 at their regularly scheduled meeting. Neighbors were notified and invited to the hearings. The applicant and the applicant's representative were in attendance at the hearings. Several neighbors attended the field trip. The neighbors at 17 Middleridge Lane South requested that privacy be kept between the properties. Section 3. The applicants were notified of the above -referenced hearing in writing by first class mail. Evidence was heard and presented from all persons interested in affecting said proposal, from all persons protesting the same, and from members of the City staff. The Planning Commission having reviewed, analyzed and studied the information found that the project is satisfactory and meets the City's Conditional Use Permit and Site Plan Review criteria based on the findings enumerated below. Section 4. The Planning Commission finds that the project qualifies as a Class 1 Exemption [State CEQA Guidelines, Section 15301(e)] and is therefore categorically exempt from environmental review under the California Environmental Quality Act. 1 v Section 5. Section 17.16.210(A)(2) of the Rolling Hills Municipal Code permits approval of a cabana under certain conditions, provided the Planning Commission approves a Conditional Use Permit. With respect to this request for a Conditional Use Permit, the Planning Commission finds as follows: A. The granting of a Conditional Use Permit for the cabana would be consistent with the purposes and objectives of the Zoning Ordinance and General Plan because the use is consistent with similar uses in the community, meets all the applicable development standards of the Zoning Ordinance and no deviations from the development standards are requested. B. The nature, condition, and development of adjacent uses, buildings, and structures have been considered, and the construction of a cabana will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures because the cabana is of sufficient distance from nearby residences so that the cabana will not impact the view or privacy of surrounding neighbors. C. The project is harmonious in scale and mass with the site, the natural terrain, and surrounding residences because the cabana complies with the low profile residential development pattern of the community, will be mostly located on an existing building pad and will be screened from neighbors' view. D. The proposed conditional use complies with all applicable development standards of the zone district because the 558 square foot size of the cabana does not exceed the maximum permitted under the Municipal Code and the cabana does not encroach into any setback areas and is not located in the front. Underground storage areas have historically been allowed, because they are not visible from the outside. E. The proposed conditional use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting criteria for hazardous waste facilities because the project site is not listed on the current State of California Hazardous Waste and Substances Sites List. F. The proposed conditional use observes the spirit and intent of Title 17 of the Zoning Code because the proposed project meets all of the development standards of the Zoning Regulations and has an existing stable, corral and access thereto. Minimal grading is necessary for construction of the cabana and the structure will not be obtrusive to neighbors. G. The project conforms to the requirements of the California Environmental Quality Act and is exempt. Section 6. Section 17.46.030 requires a development plan to be submitted for Site Plan Review and approval before any grading requiring a grading permit or any 2 • • building or structure may be constructed. With respect to the Site Plan Review application for the grading for the sports court and cabana, the Planning Commission finds as follows: A. The proposed development is compatible with the General Plan, the Zoning Ordinance 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 cabana and sports court conforms to Zoning Code setbacks and lot coverage requirements. The proposed project is screened from the road by the existing residence so as to reduce the visual impact of the development. The grading consists of excavating of the subterranean storage/wine area and spreading the dirt to even out the cabana and sports court pad by filling the area by not more than 6". B. The development plan substantially preserves the natural and undeveloped state of the lot by minimizing building coverage because the new sports court and cabana will 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. The project will be screened. 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 project will be constructed on a portion of the lot which is least intrusive to surrounding properties, will be screened and landscaped with trees and shrubs is of sufficient distance from nearby residences so that the proposed project will not impact the view or privacy of surrounding neighbors, and will substantially utilize the existing relatively flat area for the new construction. C. The proposed activity is compatible with the General Plan and the Zoning Ordinance. The Land Use Element of the General Plan establishes the maintenance of strict grading practices to preserve the community's natural terrain. The Building Code and the Zoning Ordinance require a balanced cut and fill ratio and do not permit import or export of soil, except under special circumstances applicable to a property and with a discretionary permission by the Planning Commission. The project conforms to the grading requirements, Zoning Code setbacks and lot coverage requirements. D. The proposed development, as conditioned, is harmonious in scale and mass with the site, the natural terrain and surrounding residences. As indicated in Paragraph A, the lot coverage maximum set forth in the Zoning. Code will not be exceeded and the proposed project is consistent with the scale of the neighborhood. E. The development plan follows natural contours of the site to minimize grading and retain the natural drainage courses. The project is not 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 the proposed development will utilize the existing driveway. G. The project conforms to the requirements of the California Environmental Quality Act and is exempt. Section 7. Section 17.16.210(A)(7) of the Rolling Hills Municipal Code allows for the construction of a sports court with certain conditions provided the Rolling Hills Planning Commission approves a Conditional Use Permit for such use. With respect to this request for a Conditional Use Permit, the Planning Commission finds as follows: A. The granting of a Conditional Use Permit for the construction of a sports court would be consistent with the purposes and objectives of the Zoning Ordinance and General Plan and will not interfere with the public convenience and welfare because the use is consistent with similar and appropriately located uses in the community, and the area proposed for the sports court would be located in an area on the property that is on a pad below the residential building pad and sufficient distance from other residences so that it will not be visible from any neighbor or roadway, and will not have a material impact on that property. The sports court will be screened with shrubs and trees. B. The nature, condition, and development of adjacent uses, buildings, and structures have been considered, and the construction of a 1,350 square foot sports court will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures because the proposed sports court will be constructed on a portion of the secondary building pad, will be the Least intrusive to surrounding properties, will be screened and landscaped with mature trees and shrubs, is of sufficient distance from nearby residences so that the sports court will not impact the view or privacy of surrounding neighbors and will permit the owners to enjoy their property without deleterious infringement on the rights of surrounding property owners. C. The project is harmonious in scale and mass with the site, the natural terrain, and surrounding residences because the sports court will comply with the low profile residential development pattern of the community and is located on property that is adequate in size, shape and topography to accommodate such use. D. The proposed conditional use complies with all applicable development standards of the zone district in which it is located. E. The proposed conditional use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan related to siting and siting criteria for hazardous waste facilities because the project site is not listed on the current State of California Hazardous Waste and Substances Sites List. • • F. The proposed conditional use observes the spirit and intent of Title 17 of the Zoning Code because there is an existing stable and corral. Section 8. Based upon the foregoing findings and the evidence in the record, the Planning Commission hereby approves a Conditional Use Permit for a 558 square foot cabana with 405 subterranean storage area, 1,350 square foot sports court and grading of 198.55 cubic yards of cut and 198.55 cubic yards of fill in accordance with the development plan dated January 9, 2013 in Zoning Case No. 833 subject to the following conditions: A. The Conditional Use Permit and Site Plan Review approval shall expire within two years from the effective date of this approval if construction pursuant to this approval has not commenced within that time period, as required by Section 17.46.080(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 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. C. The working drawings submitted to the Building and Safety Department for plan check review and building permit must conform to the development plan approved with this application. D. The cabana may be constructed subject to the following conditions: a. The cabana shall not be located in the front yard or any setback. b. The maximum size of the cabana shall not exceed 558 sq.ft. c. The maximum size of the subterranean storage area shall not exceed 405 square feet d. Barbeque, fire place, bathroom facilities and outdoor kitchen amenities within the cabana structure are permitted e. No sleeping or renting of the cabana shall be permitted. E. The lot shall be developed and maintained in substantial conformance with the site plan on file dated January 9, 2013, except as otherwise provided in these conditions. F. The property on which the project is located shall contain an area of sufficient size and which meets all standards for a stable and corral with vehicular access thereto. The existing stable structure shall meet the requirements of Section 17.18 of the Zoning Ordinance and may not be converted to uses not specifically provided for in said Section. 5 I$ r G. The existing asphalt access to the stable shall be removed and replaced with a pervious surface or D.G. H. The roll up door in the stable shall be replaced with a stable like door. I. Construct a minimum of 96 square foot trash enclosure adjacent to the side of the house. J. Grading shall not exceed the total of 397.1 cubic yards (cut and fill). K. Structural lot coverage shall not exceed 10,371 square feet or 5.1% in conformance with structural coverage requirements, including the subterranean storage area. L. Total lot coverage of structures and paved areas shall not exceed 23,740 square feet or 11.7% in conformance with lot coverage limitations. M. The disturbed area of the lot shall not exceed 68,240 square feet or 33.5% of the net lot area in conformance with lot disturbance limitations. N. Residential building pad coverage on the existing 23,790 square foot residential building pad shall remain at 31.6.%. The secondary building pad is 18,000 square feet and will have coverage of 2,558 square feet or 16.5%, and includes the sports court, stable, cabana and the subterranean storage area. O. Utility lines to the cabana shall be placed underground. The roof material for the cabana shall be of Class "A" construction and Class "A" material. P. The project shall be subject to the Water Efficient Landscape Ordinance, Section 13.18 of the Municipal Code, and appropriate plans, forms and calculations shall be submitted to the City prior to obtaining a building permit and following construction. Q. Court lighting shall not be permitted. R. Noise from sports court use shall not create a nuisance to owners of surrounding properties. S. There shall be no walls constructed for the sports court, except that a sports court fence, approved by the RHCA, may be erected. T. The sports court shall be screened on all four sides with drought -resistant mature trees and shrubs. The landscaping shall not exceed the height of the sports court fence. • • U. All disturbed areas shall be landscaped. Landscaping shall include water efficient irrigation, that incorporates low gallonage irrigation system, utilizes automatic controllers, incorporates an irrigation design using "hydrozones," considers slope factors and climate conditions in design, and utilizes means to reduce water waste resulting from runoff and overspray and be in compliance with City's Water Efficient Landscaping Ordinance. 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. Trees and shrubs shall be planted so as not to impair views of neighboring properties but to screen the project site. V. Prior to the issuance of any building or grading permit two copies of a preliminary landscape and irrigation plan shall be submitted for review by the Planning Department. A security in the amount of the cost estimate of the implementation of the landscaping and irrigation plan plus 15 % shall be required to be posted prior to issuance of a grading permit and shall be retained with the City for not less than two years after landscape installation. The retained security will be released by the City Manager after the City Manager determines that the landscaping was installed pursuant to the landscaping plan as approved, and that such landscaping is properly established and in good condition. W. Drainage shall be approved by the Building and Safety Department. X. If an above drainage swale or a dissipater is to be constructed it shall be designed in such a manner as not to cross over any equestrian trails or discharge water onto a trail, shall incorporate earth tone colors, and shall be screened from the road and neighbors' views to the maximum extent practicable, without impairing the function of the drainage system. Y. An opaque construction fence shall be erected along the northern property line in the area of construction to prevent debris falling onto neighbors' property. Z. During delivery of heavy equipment or cement and during cement pouring activity, the applicant shall provide a temporary traffic control person to maintain smooth traffic flow and to observe any spills. Should any cement or other material be spilled, it shall be immediately cleaned up. AA. Conformance with the air quality management district requirements, (AQMD), stormwater pollution prevention practices, stormwater drainage facilities construction and maintenance and any county and local ordinances and engineering practices shall be required, so that people or property are not exposed to undue vehicle trips, noise, dust, stormwater pollution and objectionable odors. AB. During construction all parking shall take place on the project site and, if necessary, any overflow parking shall take place within nearby roadway easements. AC 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. AD. 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. AE. The property owners shall be required to conform to the City of Rolling Hills Outdoor Lighting Standards Ordinance. AF. The property owner and/or his/her contractor/applicant shall be responsible for compliance with the no -smoking provisions in the Municipal Code. AG. 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. AH. The project must be reviewed and approved by the Rolling Hills Community Association Architectural Review Committee. AI. A minimum of 50% of the construction and demolition material shall be recycled and verification submitted to the City. A hauling permit shall be obtained from the City by the construction/ demolition hauler. AJ. The conditions of approval specified herein shall be printed on the Plans submitted to Building and Safety Department for plan check review and on all subsequent plans. AK. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills Municipal Code, any modifications to the property, which would constitute additional structural development or grading, including additional basement or any subterranean space, shall require the filing of a new application for approval by the Planning Commission. L' AL. Until the applicant executes an Affidavit of Acceptance of all conditions of this application, and such affidavit is recorded together with this resolution, the approval shall not be effective. AM. 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. PASSED, APPROVED AND ADOPTED THIS 19th DAY OF FEBRUARY 2013. A i"1'EST: 4.moke) HEIDI LUCE DEPUTY CITY CLERK /s/ Jeff Pieper JEFF PIEPER CHAIRMAN STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) § CITY OF ROLLING HILLS I certify that the foregoing Resolution No. 2013-03 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SI"1't; PLAN REVIEW FOR GRADING AND CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CABANA WITH SUBTERRANEAN STORAGE AREA AND A SPORTS COURT IN ZONING CASE NO. 833 AT 9 MIDDLERIDGE LANE SOUTH, (LOT 248 C UR), ROLLING HILLS, CA. (WAGNER). THE PROJECT HAS BEEN DE 1'ERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). was approved and adopted at a regular meeting of the Planning Commission on February 19, 2013 by the following roll call vote: AYES: Commissioners Chelf, Mirsch and Chairman Pieper. NOES: None. ABSENT: Commissioner Smith. ABSTAIN: Commissioner Henke. and in compliance with the laws of California was posted at the following: Administrative Offices. HEDI LUCE DEPUTY CITY CLERK 10 T9 etre/ Roeeig9 gee& INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No.6A Mtg. Date: 2/19/13 TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: YOLANTA SCHWARTZ, PLANNING DIRECTOR ZONING CASE NO. 833 9 MIDDLERIDGE LANE SOUTH (LOT 248-C-UR) RA-S-2, 5.69 ACRES GROSS (INCL. ROAD EASEMENTS) MR. AND MRS. KEITH WAGNER DEBORAH RICHIE-BRAY, LANDSCAPE ARCHITECT JANUARY 3, 2013 REQUEST AND RECOMMENDATION 1. Mr. and Mrs. Keith Wagner request Conditional Use Permits (CUPs) for a 558 square foot partially enclosed cabana with a 405 square foot walk-in subterranean wine cellar, to be located under ground and behind the cabana, and a 1,350 square foot sports court as well as a Site Plan Review (SPR) for grading of 198.55 cubic yards of cut and 198.55 cubic yards of fill, including excavation of the wine cellar and for the wine cellar. The project also includes outdoor hardscape and landscaping improvements throughout the lot, including new patio area to extend upper patio, outdoor bbq, stairs and paths to the lower area of the sports court and the cabana, various short walls, grape vines on the slopes and on grade walking paths. 2. At the January 15, 2013 public hearing the Planning Commission directed staff to prepare a resolution of approval in this case. There were no objections to this project from any neighbors, except that privacy concerns were expressed by adjacent neighbors. Attached is a Resolution with standard findings and facts, including: • Any future development on the property may be permitted with Planning Commission review and approval • Construct trash enclosure • Provide screening on all sides for the sports court • Landscaping plan and landscaping security deposit is required • Sport court lights are prohibited ZC. No. 833 • • Provide DG or similar surface area around the stable • Replace the roll up door with a stable -like door • Put up a construction fence downslope from the sports court to prevent debris falling onto the adjacent property • Provide a flag man during delivery of heavy equipment and cement to control traffic and observe any spills. Spills shall be immediately cleaned up. 3. It is recommended that the Planning Commission review and adopt the attached resolution. Z.C. No. 833 RESOLUTION NO. 2013-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR GRADING AND CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CABANA WITH SUBTERRANEAN STORAGE AREA AND A SPORTS COURT IN ZONING CASE NO. 833 AT 9 MIDDLERIDGE LANE SOUTH, (LOT 248 C-UR), ROLLING HILLS, CA. (WAGNER). THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. Application was duly filed by Mr. and Mrs. Keith Wagner with respect to real property located at 9 Middleridge Lane South (Lot 248 C-UR) Rolling Hills, requesting Conditional Use Permit for a 558 square foot partially open cabana with a 405 square foot walk-in subterranean wine cellar, to be located under ground and behind the cabana, and a 1,350 square foot sports court as well as a Site Plan Review (SPR) for grading of 198.55 cubic yards of cut and 198.55 cubic yards of fill, including excavation of the wine cellar and for the wine cellar. The project also includes outdoor hardscape and landscaping improvements throughout the lot, including new patio areas, outdoor barbeque, stairs and paths to the lower area of the sports court and the cabana, various short walls, grape vines on the slopes and on grade walking paths. Section 2 The Planning Commission conducted duly noticed public hearings to consider the application on January 15, 2013 in the field and January 15, 2013 at their regularly scheduled meeting. Neighbors were notified and invited to the hearings. The applicant and the applicant's representative were in attendance at the hearings. Several neighbors attended the field trip. The neighbors at 17 Middleridge Lane South requested that privacy be kept between the properties. Section 3. The applicants were notified of the above -referenced hearing in writing by first class mail. Evidence was heard and presented from all persons interested in affecting said proposal, from all persons protesting the same, and from members of the City staff. The Planning Commission having reviewed, analyzed and studied the information found that the project is satisfactory and meets the City's Conditional Use Permit and Site Plan Review criteria based on the findings enumerated below. Section 4. The Planning Commission finds that the project qualifies as a Class 1 Exemption [State CEQA Guidelines, Section 15301(e)] and is therefore categorically exempt from environmental review under the California Environmental Quality Act. • • Section 5. Section 17.16.210(A)(2) of the Rolling Hills Municipal Code permits approval of a cabana under certain conditions, provided the Planning Commission approves a Conditional Use Permit. With respect to this request for a Conditional Use Permit, the Planning Commission finds as follows: A. The granting of a Conditional Use Permit for the cabana would be consistent with the purposes and objectives of the Zoning Ordinance and General Plan because the use is consistent with similar uses in the community, meets all the applicable development standards of the Zoning Ordinance and no deviations from the development standards are requested. B. The nature, condition, and development of adjacent uses, buildings, and structures have been considered, and the construction of a cabana will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures because the cabana is of sufficient distance from nearby residences so that the cabana will not impact the view or privacy of surrounding neighbors. C. The project is harmonious in scale and mass with the site, the natural terrain, and surrounding residences because the cabana complies with the low profile residential development pattern of the community, will be mostly located on an existing building pad and will be screened from neighbors' view. D. The proposed conditional use complies with all applicable development standards of the zone district because the 558 square foot size of the cabana does not exceed the maximum permitted under the Municipal Code and the cabana does not encroach into any setback areas and is not located in the front. Underground storage areas have historically been allowed, because they are not visible from the outside. E. The proposed conditional use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting criteria for hazardous waste facilities because the project site is not listed on the current State of California Hazardous Waste and Substances Sites List. F. The proposed conditional use observes the spirit and intent of Title 17 of the Zoning Code because the proposed project meets all of the development standards of the Zoning Regulations and has an existing stable, corral and access thereto. Minimal grading is necessary for construction of the cabana and the structure will not be obtrusive to neighbors. G. The project conforms to the requirements of the California Environmental Quality Act and is exempt. Section 6. Section 17.46.030 requires a development plan to be submitted for Site Plan Review and approval before any grading requiring a grading permit or any 2 • • building or structure may be constructed. With respect to the Site Plan Review application for the grading for the sports court and cabana, the Planning Commission finds as follows: A. The proposed development is compatible with the General Plan, the Zoning Ordinance 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 cabana and sports court conforms to Zoning Code setbacks and lot coverage requirements. The proposed project is screened from the road by the existing residence so as to reduce the visual impact of the development. The grading consists of excavating of the subterranean storage/wine area and spreading the dirt to even out the cabana and sports court pad by filling the area by not more than 6". B. The development plan substantially preserves the natural and undeveloped state of the lot by minimizing building coverage because the new sports court and cabana will 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. The project will be screened. 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 project will be constructed on a portion of the lot which is least intrusive to surrounding properties, will be screened and landscaped with trees and shrubs is of sufficient distance from nearby residences so that the proposed project will not impact the view or privacy of surrounding neighbors, and will substantially utilize the existing relatively flat area for the new construction. C. The proposed activity is compatible with the General Plan and the Zoning Ordinance. The Land Use Element of the General Plan establishes the maintenance of strict grading practices to preserve the community's natural terrain. The Building Code and the Zoning Ordinance require a balanced cut and fill ratio and do not permit - import or export of soil, except under special circumstances applicable to a property and with a discretionary permission by the Planning Commission. The project conforms to the grading requirements, Zoning Code setbacks and lot coverage requirements. D. The proposed development, as conditioned, is harmonious in scale and mass with the site, the natural terrain and surrounding residences. As indicated in Paragraph A, the lot coverage maximum set forth in the Zoning Code will not be exceeded and the proposed project is consistent with the scale of the neighborhood. E. The development plan follows natural contours of the site to minimize grading and retain the natural drainage courses. The project is not located in a canyon or on existing slopes that exceed 25%. 3® • • F. 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. G. The project conforms to the requirements of the California Environmental Quality Act and is exempt. Section 7. Section 17.16.210(A)(7) of the Rolling Hills Municipal Code allows for the construction of a sports court with certain conditions provided the Rolling Hills Planning Commission approves a Conditional Use Permit for such use. With respect to this request for a Conditional Use Permit, the Planning Commission finds as follows: A. The granting of a Conditional Use Permit for the construction of a sports court would be consistent with the purposes and objectives of the Zoning Ordinance and General Plan and will not interfere with the public convenience and welfare because the use is consistent with similar and appropriately located uses in the community, and the area proposed for the sports court would be located in an area on the property that is on a pad below the residential building pad and sufficient distance from other residences so that it will not be visible from any neighbor or roadway, and will not have a material impact on that property. The sports court will be screened with shrubs and trees. B. The nature, condition, and development of adjacent uses, buildings, and structures have been considered, and the construction of a 1,350 square foot sports court will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures because the proposed sports court will be constructed on a portion of the secondary building pad, will be the least intrusive to surrounding properties, will be screened and landscaped with mature trees and shrubs, is of sufficient distance from nearby residences so that the sports court will not impact the view or privacy of surrounding neighbors and will permit the owners to enjoy their property without deleterious infringement on the rights of surrounding property owners. C. The project is harmonious in scale and mass with the site, the natural terrain, and surrounding residences because the sports court will comply with the low profile residential development pattern of the community and is located on property that is adequate in size, shape and topography to accommodate such use. D. The proposed conditional use complies with all applicable development standards of the zone district in which it is located. E. The proposed conditional use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan related to siting and siting criteria for hazardous waste facilities because the project site is not listed on the current State of California Hazardous Waste and Substances Sites List. 4 Ig • • F. The proposed conditional use observes the spirit and intent of Title 17 of the Zoning Code because there is an existing stable and corral. Section 8. Based upon the foregoing findings and the evidence in the record, the Planning Commission hereby approves a Conditional Use Permit for a 558 square foot cabana with 405 subterranean storage area, 1,350 square foot sports court and grading of 198.55 cubic yards of cut and 198.55 cubic yards of fill in accordance with the development plan dated January 9, 2013 in Zoning Case No. 833 subject to the following conditions: A. The Conditional Use Permit and Site Plan Review approval shall expire within two years from the effective date of this approval if construction pursuant to this approval has not commenced within that time period, as required by Section 17.46.080(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 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. C. The working drawings submitted to the Building and Safety Department for plan check review and building permit must conform to the development plan approved with this application. D. The cabana may be constructed subject to the following conditions: a. The cabana shall not be located in the front yard or any setback. b. The maximum size of the cabana shall not exceed 558 sq.ft. c. The maximum size of the subterranean storage area shall not exceed 405 square feet d. Barbeque, fire place, bathroom facilities and outdoor kitchen amenities within the cabana structure are permitted e. No sleeping or renting of the cabana shall be permitted. E. The lot shall be developed and maintained in substantial conformance with the site plan on file dated January 9, 2013, except as otherwise provided in these conditions. F. The property on which the project is located shall contain an area of sufficient size and which meets all standards for a stable and corral with vehicular access thereto. The existing stable structure shall meet the requirements of Section 17.18 of the Zoning Ordinance and may not be converted to uses not specifically provided for in said Section. 5� • • G. The existing asphalt access to the stable shall be removed and replaced with a pervious surface or D.G. H. The roll up door in the stable shall be replaced with a stable like door. I. Construct a minimum of 96 square foot trash enclosure adjacent to the side of the house. J. Grading shall not exceed the total of 397.1 cubic yards (cut and fill). K. Structural lot coverage shall not exceed 10,371 square feet or 5.1% in conformance with structural coverage requirements, including the subterranean storage area. L. Total lot coverage of structures and paved areas shall not exceed 23,740 square feet or 11.7% in conformance with lot coverage limitations. M. The disturbed area of the lot shall not exceed 68,240 square feet or 33.5% of the net lot area in conformance with lot disturbance limitations. N. Residential building pad coverage on the existing 23,790 square foot residential building pad shall remain at 31.6.%. The secondary building pad is 18,000 square feet and will have coverage of 2,558 square feet or 16.5%, and includes the sports court, stable, cabana and the subterranean storage area. O. Utility lines to the cabana shall be placed underground. The roof material for the cabana shall be of Class "A" construction and Class "A" material. P. The project shall be subject to the Water Efficient Landscape Ordinance, Section 13.18 of the Municipal Code, and appropriate plans, forms and calculations shall be submitted to the City prior to obtaining a building permit and following construction. Q. Court lighting shall not be permitted. R. Noise from sports court use shall not create a nuisance to owners of surrounding properties. S. There shall be no walls constructed for the sports court, except that a sports court fence, approved by the RHCA, may be erected. T. The sports court shall be screened on all four sides with drought -resistant mature trees and shrubs. The landscaping shall not exceed the height of the sports court fence. 60 • • U. All disturbed areas shall be landscaped. Landscaping shall include water efficient irrigation, that incorporates low gallonage irrigation system, utilizes automatic controllers, incorporates an irrigation design using "hydrozones," considers slope factors and climate conditions in design, and utilizes means to reduce water waste resulting from runoff and overspray and be in compliance with City's Water Efficient Landscaping Ordinance. 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. Trees and shrubs shall be planted so as not to impair views of neighboring properties but to screen the project site. V. Prior to the issuance of any building or grading permit two copies of a preliminary landscape and irrigation plan shall be submitted for review by the Planning Department. A security in the amount of the cost estimate of the implementation of the landscaping and irrigation plan plus 15% shall be required to be posted prior to issuance of a grading permit and shall be retained with the City for not less than two years after landscape installation. The retained security will be released by the City Manager after the City Manager determines that the landscaping was installed pursuant to the landscaping plan as approved, and that such landscaping is properly established and in good condition. W. Drainage shall be approved by the Building and Safety Department. X. If an above drainage swale or a dissipater is to be constructed it shall be designed in such a manner as not to cross over any equestrian trails or discharge water onto a trail, shall incorporate earth tone colors, and shall be screened from the road and neighbors' views to the maximum extent practicable, without impairing the function of the drainage system. Y. An opaque construction fence shall be erected along the northern property line in the area of construction to prevent debris falling onto neighbors' property. Z. During delivery of heavy equipment or cement and during cement pouring activity, the applicant shall provide a temporary traffic control person to maintain smooth traffic flow and to observe any spills. Should any cement or other material be spilled, it shall be immediately cleaned up. AA. Conformance with the air quality management district requirements, (AQMD), stormwater pollution prevention practices, stormwater drainage facilities construction and maintenance and any county and local ordinances and engineering practices shall be required, so that people or property are not exposed to undue vehicle trips, noise, dust, stormwater pollution and objectionable odors. 7 5 • • AB. During construction all parking shall take place on the project site and, if necessary, any overflow parking shall take place within nearby roadway easements. AC 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. AD. 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. AE. The property owners shall be required to conform to the City of Rolling Hills Outdoor Lighting Standards Ordinance. AF. The property owner and/or his/her contractor/applicant shall be responsible for compliance with the no -smoking provisions in the Municipal Code. AG. 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. AH. The project must be reviewed and approved by the Rolling Hills Community Association Architectural Review Committee. AI. A minimum of 50% of the construction and demolition material shall be recycled and verification submitted to the City. A hauling permit shall be obtained from the City by the construction/demolition hauler. AJ. The conditions of approval specified herein shall be printed on the Plans submitted to Building and Safety Department for plan check review and on all subsequent plans. AK. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills Municipal Code, any modifications to the property, which would constitute additional structural development or grading, including additional basement or any subterranean space, shall require the filing of a new application for approval by the Planning Commission. 8 I� • • AL. Until the applicant executes an Affidavit of Acceptance of all conditions of this application, and such affidavit is recorded together with this resolution, the approval shall not be effective. AM. 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. PASSED, APPROVED AND ADOPTED THIS 19th DAY OF FEBRUARY 2013. JEFF PIEPER, CHAIRMAN ATTEST: HEIDI LUCE, DEPUTY CITY CLERK • • STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 2013-03 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR GRADING AND CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CABANA WITH SUBTERRANEAN STORAGE AREA AND A SPORTS COURT IN ZONING CASE NO. 833 AT 9 MIDDLERIDGE LANE SOUTH, (LOT 248 C UR), ROLLING HILLS, CA. (WAGNER). THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). was approved and adopted at a regular meeting of the Planning Commission on February 19, 2013 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. DEPUTY CITY CLERK erre, Rea, gee& INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Mtg. Date: 1-15-13 Agenda Item No.: 7B TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. ZONING CASE NO. 833 SITE LOCATION: 9 MIDDLERIDGE LANE SOUTH (LOT 248-C-UR) ZONING AND SIZE: RA-S-2, 5.69 ACRES GROSS (INCL. ROAD EASEMENTS) APPLICANT: MR. AND MRS. KEITH WAGNER REPRESENTATIVE: DEBORAH RICHIE-BRAY, LANDSCAPE ARCHITECT PUBLISHED: JANUARY 3, 2013 REQUEST AND RECOMMENDATION The Planning Commission visited the site earlier in the day on January 15. The applicants, Mr. and Mrs. Wagner request Conditional Use Permits (CUPs) for a 558 square foot partially enclosed cabana with a 405 square foot walk in subterranean wine cellar, to be located under ground and behind the cabana, and a 1,350 square foot sports court as well as a Site Plan Review (SPR) for grading of 198.55 cubic yards of cut and 198.55 cubic yards of fill, including excavation of the wine cellar and for the wine cellar. The project also includes outdoor hardscape and landscaping improvements throughout the lot, including new patio area to extend upper patio, outdoor bbq, stairs and paths to the lower area of the sports court and the cabana, various short walls, grape vines on the slopes and on grade walking paths. It is recommended that the Planning Commission review the staff report, continue the public hearing, take public testimony and provide direction to staff. ZC NO. 833 9 Middleridge Ln. S. • • BACKGROUND 1. The lot is a 5.69-acre in size in the RAS-2 zoning district. Middleridge Lane cuts through the lot with approximately 2.1 acres located east of the road having a very steep slope. The property backs up to the west to the Storm Hill Park. For development purposes the lot is 203,576 square feet or 4.67 acres. The property is currently developed with a 5,600 square foot residence, 800 square foot garage, and 650 square foot stable. A flat area for a corral exists adjacent to the stable structure and will remain impervious. The main residence, swimming pool and the stable were built in 1963. A large addition was constructed in 1972. 2. All new development in the City require that the property maintain a stable structure with adjacent corral or set aside an area for a future stable and corral. Building permits show a 1963 permit for a 650 square foot one story stable. The stable is located in the side setback, which was allowed in 1963 and is therefore non -conforming as to the location. As shown in the pictures, currently the stable is used for storage and it does not appear that the interior was modified from the original construction. Pursuant to Section 17.18.140 a stable structure used as storage, garage and passive recreation uses, (if the area used for passive recreation is no more than 40% of the size of the structure) and if the structure looks like a stable, is in compliance. However, there is a roll up door to a portion of the stable and the area adjacent to the door is paved. Should this project be approved, the Planning Commission should condition it to eliminate the roll up door and to provide a porous (not paved) surface to the stable structure. 3. The proposed cabana and sports court require a conditional use permit. The cabana will have a solid roof and be partially enclosed by walls. The proposed wine cellar will be located adjacent to the cabana, under the existing slope. Its floor will be 36" lower than the cabana floor. No structure is proposed above the wine cellar and therefore it is not considered a basement, because it is not located under .the first story, (Section 17.16.080B). Pursuant to the Zoning Code, subterranean structures, other than basements, are counted towards structural and total lot coverage, building pad and disturbance, (Sections 17.16.070 and 17.12.020). 4. The sports court is proposed to be 1,350 square feet and will be adjacent to the side setback line. No grading or retaining walls are proposed for the court. 5. There are several flat pads on the property. The applicants propose to add a patio area on the upper pad, and the cabana and sports court will be added on the middle pad. The cabana will be below the slope, so that the backside will be hidden by the natural slope. A flat area and a drainage swale will be located behind the cabana. On grade stairs will connect the pads and several paths will be created connecting the flat areas and along the grape vines on the slopes. Several new, not to exceed 3' high walls will be constructed along the patios and paths. The dirt from excavating of the wine cellar will be used to fill in, approximately 6", the lowest patio area behind the cabana. A Bocce Court will be located on that pad and will have grass surface. ZC NO. 833 9 Middleridge Ln. S. MUNICIPAL CODE COMPLIANCE 6. The proposed earthwork would involve a total cut and fill of approximately 397 cubic yards of dirt. Most of the dirt from the wine cellar will be used for the fill for the lower pad/lawn area. This area will be raised by approximately 6". The proposed paths and stairs will be on grade and do not require grading. A future ground mounted solar panel array is also shown on the plan. 7. The project requires a Conditional Use Permit for the recreational court and cabana (RHMC 17.16.210 A.2 and A.7) and a Site Plan Review due to the grading (RHMC 17.46.020A.1) and the wine cellar. 8. There are two building pads on the property. The main residential building pad is 23,790 square feet and will have coverage of 7,613 square feet or 31.6%, (excluding allowed deductions). The second building pad will be 18,000 square feet and will have coverage of 2,558 square feet or 16.5%. It includes the sports court, cabana, wine cellar and stable. The wine cellar is proposed to be located under a slope, which is not included in either building pad area. However, it was included in the cabana building pad, as the zoning code requires that subterranean structures be counted against the building pad coverage. 9. The structural lot coverage is proposed at 10,371 square feet or 5.1%, which includes all the structures, including the wine cellar and sports court (20% permitted); and the total lot coverage including the structures and all paved areas is proposed to be 23,740 square feet or 11.7% (35% permitted). 10. 68,240 square feet or 33.5% of the lot will be disturbed, an increase of 1,000 square feet, (40% total disturbance permitted). 11. Section 17.16.210 (A)(2) of the Zoning Ordinance contains conditions for cabana, subject to approval of a Conditional Use Permit. The cabana shall met the following requirements: REQUIREMENTS Shall not exceed 800 sq.ft. Shall not be located in the front yard or in any setback A kitchenette and sanitary facility (shows sink and toilet) is permitted No sleeping or renting is permitted ZC NO. 833 9 Middleridge Ln. S. PROPOSED 558 sq.ft. cabana is proposed with (405 sq.ft. underground wine cellar -outside the footprint of the cabana) Not located in setbacks or front yard Sanitary facility is proposed in the wine cellar. BBQ and entertainment amenities are proposed in the cabana Cabana will have mostly open sides. Not for sleeping or renting • • 12. Section 17.16.210 (A)(7) of the Zoning Ordinance contains conditions for recreational game courts, subject to approval of a use permit. These conditions, listed below, are intended to ensure that such structures: are ancillary recreational uses, do not eliminate an existing or future development for a stable, do not create visual or other impacts and blend in with the existing topography and landscape or views. Recreational Game Courts are defined as: tennis, racquetball and squash courts, and any other fenced, enclosed, paved or hard -surfaced areas used for recreational purposes. They shall adhere to the following conditions: REQUIREMENTS: A legally required and accessible stable and corral area shall be provided on site A game court shall not be located in the front yard or any setback; A game court shall not be located within fifty feet of any paved road or street easements; Retaining walls constructed for a game court shall not exceed four feet in height at any point along the wall; retaining walls shall not be exposed to the exterior; and if necessary to minimize the visual impact, the game court surface shall be inset or sunken below grade; The construction of a game court shall conform to the lot coverage limitations as set forth in Section 17.16.070; A game court shall not be located on a slope that exceeds a 2:1 grade; A game court shall not be located on the side or bottom of a canyon or in the path of a natural drainage course; When grading is required for a game court, cutting and filling shall be balanced on site and shall not exceed a total cut and fill of 750 cubic yards; When grading is required for a game court pad, cutting and filling shall be balanced on site and the pad shall not exceed 10,000 square feet; ZC NO. 833 9 Middleridge Ln. S. PROPOSED: Stable structure and corral existing. Stable structure is used for storage. Proposed project is not in setback or front yard Proposed project is not located within fifty feet of any paved road or street easements No retaining walls are proposed for the sports court All development standards for coverage are within the permitted standards Currently the area is flat. No grading is required to create the court Location of proposed court is not in a canyon or in a natural drainage course No grading is required for the court. Court is proposed to be 1,350 square feet and no grading is required. The existing topography, flora and natural features of the site shall be retained to the greatest extent possible; Drainage systems shall be incorporated into the game court and shall be approved by the City Engineer; A game court shall be adequately screened on all four sides; Landscape screening shall include native or other drought -tolerant mature trees and shrubs, which shall be maintained in a healthy condition. The landscape screening shall not exceed the mature height determined by the Planning Commission or City Council and shall be approved in accordance with the site plan review process pursuant to Chapter 17.46; Landscaping shall not interfere with the views cape of surrounding properties or pursuant to Chapter 17.26; Game court lighting shall not be permitted; Design and construction of a game court shall include methods to mitigate visual and noise impacts. CONCLUSION Existing flat area Minimal impact on the natural drainage course. Court area is already flat. Detailed landscaping plan will be required. Conceptual plan shows trees to be planted on exterior sides of court for visual screening. There are no side easements on this lot, therefore the proposed trees are not encroaching into an easement. Planning Commission condition to require that the applicant submit detailed plan and a security deposit be placed with the City for the landscaping. Landscaping to be planted around court perimeter to be designed to screen the perimeter fencing. Condition will be imposed prohibiting lighting. Landscaping plan to be required for purpose of beautifying, and buffering the development. Daytime use only will minimize noise. 13. When reviewing a 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; and otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills. 14. A sports court and cabana are uses that require a conditional use permit and must meet certain criteria as set by the State Zoning and Planning Law. In reviewing a CUP the Planning Commission must find that the use is consistent with. the General Plan and ZC NO. 833 9 Middleridge Ln. S. • • development standards of the City, including provision for openspace and maintaining rural environment and that the use will not adversely affect adjacent properties. 15. Rolling Hills Architectural Committee reviewed the cabana and wine cellar and approved it in concept. They recommended that a parapet wall be constructed at the back of the cabana to retain dirt and to provide a 2' flat area adjacent to the walls before grade slopes down to the lower retaining wall to reduce the possibility of erosion. ZONING CASE NO. 833 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 EXISTING 11 SINGLE FAMILY RESIDENCE AND ACCESSORY STRUCTURES Residence Garage Service yard Pool Pool equip. Stable TOTAL GRADING N/ A 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 • 3.9% (20% maximum) TOTAL LOT COVERAGE 9.2% (35% maximum) BUILDING PAD COVERAGE (30% maximum -guideline) 30.9% Residential Stable, sports court pad DISTURBED AREA 33.4% (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 SO.FT. & 550 SO.FT. CORRAL) STABLE ACCESS ZC NO. 833 9 Middleridge Ln. S. 3.6% (stable only) 650 sq.ft. existing Existing PROPOSED CABANA, WINE CELLAR AND SPORTS COURT (SPR, CUP) 5600 sq.ft. Residence 800 sq.ft Garage 22 sq.ft Service yard 875 sq.ft Pool 37 sq.ft. Pool equipm. 650 sq.ft Cabana Stable Det. Trellis BBQ Sports Court Subterranean wine cellar 7,984 sq.ft. TOTAL 5600 sq.ft. 800 sq.ft. 96 sq.ft. 875 sq.ft. 37 sq.ft. 558 sq.ft. 650 sq.ft. 200 sq.ft. 85 sq.ft. 1350 sq.ft. 405 sq.ft. 10,656 sq.ft 198.55 c.y. cut and 198.55 c.y. fill to be balanced on site 5.1 % of 203,576 s.f. net lot area 11.7% of 203,576 s.f. net lot area 31.6% of 23,790 sq.ft. residential bldg pad 16.5% of 18,000 s.f. pad 33.5% of 203,576 s.f. net lot area 650 sq.ft. existing Existing ROADWAY ACCESS Existing driveway approach Existing driveway approach VIEWS N/A Planning Commission review. PLANTS AND ANIMALS N/ A Sports court to be screened SITE PLAN REVIEW CRITERIA 17.46.010 Purpose. The site plan review process is established to provide discretionary review of certain development projects in the City for the purposes of ensuring that the proposed project is consistent with the City's General Plan; incorporates environmentally and aesthetically sensitive grading practices; preserves existing mature vegetation; is compatible and consistent with the scale, massing and development pattern in the immediate project vicinity; and otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills. 17.46.050 Required findings. A. The Commission shall be required to make findings in acting to approve, conditionally approve, or deny a site plan review application. B. No project which requires site plan review approval shall be approved by the Commission, or by the City Council on appeal, unless the following findings can be made: 1. The project complies with and is consistent with the goals and policies of the general plan and all requirements of the zoning ordinance; 2. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. Lot coverage requirements are regarded as maximums, and the actual amount of lot coverage permitted depends upon the existing buildable area of the lot; 3. The project is harmonious in scale and mass with the site, the natural terrain and surrounding residences; 4. The project preserves and integrates into the site design, to the greatest extent possible, existing topographic features of the site, including surrounding native vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls); 5. Grading has been designed to follow natural contours of the site and to minimize the amount of grading required to create the building area; 6. Grading will not modify existing drainage channels nor redirect drainage flow, unless such flow is redirected into an existing drainage course; 7. The project preserves surrounding native vegetation and mature trees and supplements these elements with drought -tolerant landscaping which is compatible with and enhances the rural character of the community, and landscaping provides a buffer or transition area between private and public areas; 8. The project is sensitive and not detrimental to the convenient and safe movement of pedestrians and vehicles; and 9. The project conforms to the requirements of the California Environmental Quality Act. ZC NO. 833 9 Middleridge Ln. S. • • CRITERIA FOR APPROVAL OF CONDITIONAL USE PERMIT: 17.42.050 Basis for approval or denial of conditional use permit. The Commission (and Council on appeal), in acting to approve a conditional use permit application, may impose conditions as are reasonably necessary to ensure the project is consistent with the General Plan, compatible with surrounding land use, and meets the provisions and intent of this title. In making such a determination, the hearing body shall find that the proposed use is in general accord with the following principles and standards: A. That the proposed conditional use is consistent with the General Plan; B. That the nature, condition and development of adjacent uses, buildings and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, building or structures; C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed; D. That the proposed conditional use complies with all applicable development standards of the zone district; E. That the proposed use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; F. That the proposed conditional use observes the spirit and intent of this title. SOURCE: City of Rolling Hills Zoning Ordinance ZC NO.833 9 Middleridge Ln. S.