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695, Construct a pool & spa on exis, Staff Reports• Ci,y o/ l2 Pli,.S JUL DATE: JANUARY 24, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ATTN: CRAIG R. NEALIS, CITY MANAGER FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR SUBJECT: RESOLUTION NO. 2005-01. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO PERMIT CONSTRUCTION OF A SWIMMING POOL AND A SPA IN THE SOUTH SIDE YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 695, AT 32 MIDDLERIDGE LANE SOUTH (LOT 248-A-3-UR), (WESTERGAARD). • INCORPORATED JANUARY 24, 1957 BACKGROUND NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com Agenda Item No.: 4-A Mtg. Date: 1/24/05 1. The Planning Commission adopted Resolution No. 2005-01, which is attached, on January 18, 2005 at their regular meeting granting a request for a Variance to construct a pool and spa in the side yard setback. The vote was 5-0. 2. The applicants propose to construct an 800 square foot swimming pool with a 60 square foot spa in the south side yard setback, which requires a Variance. 3. The property is developed with a 3,911 square foot residence, 768 square foot garage, an 80 square foot gazebo, 60 square foot spa,.516 square foot raised deck and 96 square foot service yard. The existing spa will be removed and a new spa located near the pool. 4. Records show that in January of 1979, the then owners of the property requested a reduction in the south easement from 25 feet to 10 feet for the purpose of construction of a pool. The RHCA granted the easement reduction, however the request for the pool was not submitted. 5. An area for a future 450 square foot stable with 550 square foot corral is set aside to the rear of the existing residence, with access along the northern side yard, not to exceed 25% in slope. ®Prnitf:rl on Recycled I'n{n,.i • • 6. Responding to the criteria to be satisfied for grant of a Variance the applicants' representative stated that the configuration of the lot is narrow where the existing house pad is located, and the area of the proposed pool is already level and no grading would be required. The area of the lot behind the residence is too steep for a pool. The representative also stated that the construction would not be visible from adjacent properties, and that the closest residence from the proposed pool is 215 feet away. 7. No grading is required for this project. 8. The property is located in the RAS-2 zone and is 2.67 acres gross in area, .(116,305 square feet). The_ net lot area is 94,785 square feet. The structurallot coverage proposed is 6,601 square feet, which includes all of the structures or 7.0% of the net lot area, (20% permitted). The total lot coverage proposed, including structures and flatwork is 12,227 square feet or 12.9% of the net lot area, (35% permitted). 9. The existing residential building pad is 13,330 square feet and the size will not be affected by this development. The residential pad coverage is proposed to be 6,151 square feet or 46.1%, which includes the proposed pool and spa. Currently, the building pad coverage is 39.7%. The stable pad will be 1,180 square feet with future coverage of 38.1%. Combined building pad coverage will be 45.5% 10. The disturbed area of the lot, including the future stable will be 24.9% of the net lot area (40% maximum permitted). 11. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). 12. The Rolling Hills Community Association will review the project at a later date. RECOMMENDATION It is recommended that the City Council receive and file the staff report or provide other direction to staff. 0 ZONING CASE NO. 695 SITE PLAN REVIEW RA-S-2 ZONE SETBACKS Front: 50 ft. from front easement line Side: 35 ft. from property line Rear: 50 ft. from property line STRUCTURES (Site Plan Review required if size of structure increases by at least 1,000 sq. ft. and has the effect of increasing the size of the structure by more than 25% in a 36-month period). STRUCTURAL LOT COVERAGE (20% maximum) TOTAL LOT COVERAGE (35% maximum) BUILDING PAD COVERAGE RESIDENTIAL FUTURE BARN COVERAGE COVERAGE (30% maximum guideline) 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 (minimum 450 sa. ft.) and CORRAL (minimum 550 sq. ft.) STABLE ACCESS _ACCESSWAY VIEWS PLANTS AND ANIMALS EXISTING Single family residence Residence Garage Stable ServiceYard Gazebo Spa Raised deck TOTAL 5.6% 10.7% 3911 sq.ft. 768 sq.ft 0 sq.ft 96 sq.ft. 80 sq.ft. 60 sq.ft 516 sq.ft. 5,335 sq.ft PROPOSED Pool with spa in the side setback Residence Garage Stable ServiceYard Pool/spa Raised deck 3911 sq.ft. 768 sq.ft 450 sq.ft 96 sq.ft. 860 sq.ft. 516 sq.ft. TOTAL 6,601 sq.ft 7.0% of 94,755 sq.ft. net lot area 12.9% of 94,755 sq.ft. net lot area 39.7% 46.1% of 13,330 sq.ft. pad 38.1% of 1,180 sq.ft. pad Combined — 45.5% N/A None 23.5% N/A N/A N/A 24.9% or 23,594 sq.ft. (includes future stable) Future 450 sq.ft. Future 550 sq.ft. From driveway over north easement Existing from Middleridge I Existing from Middleridge N/A I Planning Commission conditions N/A Planning Commission conditions VARIANCE REQUIRED FINDINGS A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; and B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; and C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; and D. That in granting the variance, the spirit and intent of this title will be observed; and E. That the variance does not grant special privilege; F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and G. That the variance request is consistent with the General Plan of the City of Rolling Hills. • • RESOLUTION NO. 2005-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO PERMIT CONSTRUCTION OF A SWIMMING POOL AND A SPA IN THE SOUTH SIDE YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 695, AT 32 MIDDLERIDGE LANE SOUTH (LOT 248-A-3-UR), (WESTERGAARD). 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. Dan Westergaard with respect to real property located at 32 Middleridge Lane South, Rolling Hills (Lot 248-A- 3-UR) requesting to construct an 800 square foot swimming pool and 60 square foot spa in the side yard setback. Section 2. The Planning Commission conducted duly noticed public hearings to consider the application on November 16, 2004, December 21, 2004, and at a field trip visit on December 4, 2004. The applicants were notified of the public hearings in writing by first class mail. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. The applicant was in attendance at the hearings. Section 3. The Planning Commission finds that the project is exempt from environmental review under the California Environmental Quality Act. Section 4. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code permit approval of a Variance from the standards and requirements of the Zoning Ordinance when exceptional or extraordinary circumstances applicable to the property and not applicable to other similar properties in the same zone prevent the owner from making use of a parcel of property to the same extent enjoyed by similar properties in the same vicinity. A Variance to Section 17.16.120 is required because it states that every lot in the RAS-2 zone shall have a side yard of not less than 35 feet from the side property line. The applicant is requesting a Variance to encroach 20 feet into the required 35-foot south side yard setback to construct the pool and spa. With respect to this request for a Variance, the Planning Commission finds as follows: A. There are exceptional and extraordinary circumstances and conditions applicable to the property that do not apply generally to the other property or class of use in the same zone. The lot size and configuration, together with the existing development on the lot creates difficulty in meeting the side yard setback Code requirements. Although the subject parcel is large, (94,755 square feet net lot area), only approximately 16,000 square feet of the lot is level and suitable for development without grading. Most of this level area is already developed with the single family residence. The remaining portion is required to be set aside for a future stable and corral. The existing residence was built up to the south side yard setback line, not leaving adequate space for other accessory structures, except on the flat portion in the setback, where the swimming pool and spa are proposed. B. The Variance is necessary for the preservation and enjoyment of a • • substantial property right possessed by other property in the same vicinity and zone, but which is denied to the property in question. Strict application of the Zoning Ordinance would deprive the property owner of the right and benefits enjoyed by similarly situated properties in the same vicinity and zone. The encroachment permits the use of the lot to the extent allowed for other properties in the vicinity. The Variance will permit the development of the property in a manner similar to development patterns on surrounding properties. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. Development in the side yard will allow the remaining portion of the lot to remain undeveloped; would minimize grading and would replace the existing spa, which also encroaches into the side yard setback. The proposed pool would be not less than 200 feet to the nearest residence. The -structural lot coverage, the total impervious lot coverage and the disturbed area are within the requirements of the City. The residential building pad coverage exceeds the City's guidelines by 9.7% already. The Building Pad coverage with the proposed pool and spa will be 46.1%. Section 5. Based upon the foregoing findings, the Planning Commission hereby approves the Variance for Zoning Case No. 695 to encroach 20 feet into the south side yard setback with swimming pool and a spa, subject to the following conditions: A. The Variance approval shall expire within two years from the effective date of approval as defined in Section 17.38.070, unless otherwise extended pursuant to the requirements of this section. B. It is declared and made a condition of the Variance that if any conditions thereof are violated, this approval shall be suspended and the privileges granted thereunder shall lapse; provided that the applicant has 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. All requirements of the Buildings 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 permit, or shown otherwise on an approved plan. D. The lot shall be developed and maintained in substantial conformance with the site plan on file marked Exhibit A and dated October 28, 2004, except as otherwise provided in these conditions. E. The property on which the project is located shall contain an area of minimum of 1,000 square feet to provide an area meeting all standards for a stable (450 square feet) and corral (550 square feet) with access thereto. F. If applicable, the property owners shall comply with Section 17.27.030 of the Zoning Ordinance pertaining to undergrounding of utilities. Reso. 2005-01 32 Middleridge 2® I. Structural lot coverage shall not exceed 6,601 square feet or 7.0% in conformance with lot coverage limitations. J. Total lot coverage of structures and paved areas shall not exceed 12,227 square feet or 12.9% in conformance with total lot coverage limitations. K. The disturbed area of the lot shall not exceed 23,594 square feet or 24.9% in conformance with disturbed area limitations. L. Residential building pad coverage on the 13,330 square foot residential building pad shall not exceed 6,151 square feet or 46.1%; coverage on the 1,180 square foot future stable pad shall not exceed 450 square feet or 38.1%. M. There shall be no grading of the site, except for the future stable, if constructed. N. The existing topography, flora and natural features of the lot shall be retained to the greatest extent feasible. O. If landscaping is planned in connection with this project, it shall include water efficient irrigation, to the maximum extent feasible, 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 in accordance with Section 17.27.020 (Water Efficient Landscaping Requirements) of the Rolling Hills Municipal Code. Further, if landscaping is planned in connection with this project it shall be designed using native plants, shrubs and trees. If trees are incorporated in the landscaping scheme, they shall be of a variety that at full maturity shall not exceed the height of the residence. P. During construction, dust control measures shall be used to stabilize the soil from wind erosion and reduce dust and objectionable odors generated by construction activities in accordance with South Coast Air Quality Management District, Los Angeles County and local ordinances and engineering practices. Q. During construction, conformance with local ordinances and engineering practices so that people or property are not exposed to landslides, mudflows, erosion, or land subsidence shall be required. R. 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, objectionable odors, landslides, mudflows, erosion, or land subsidence shall be required. S. 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 Reso. 2005-01 32 Middleridge • • equipment noise is permitted, so as not to interfere with the quiet residential environment of the City of Rolling Hills. T. If a construction fence is erected during construction, it shall not be located in any easement or cross over trails. U. • During and after construction, all parking shall take place on the project site and, if necessary, any overflow parking shall take place within nearby roadway easements. V. The property owners shall be required to conform with the Regional Water Quality Control Board and County Public Works Department Best Management Practices (BMP's) related to solid waste. W. During and after construction, all soil preparation, drainage, and landscape sprinklers shall protect the building pad from erosion and direct surface water in an approved manner. X. The project must be reviewed and approved by the Rolling Hills Community Association Architectural Review Committee prior to the issuance of a building permit. Y. The working drawings submitted to the County Department of Building and Safety for plan check review shall conform to the development plan described in Condition D. Z. The applicant shall execute an Affidavit of Acceptance of all conditions of this Variance approval, pursuant to Section 17.38.060, or the approval shall not be effective. AA. All conditions of this Variance approval, that apply, must be complied with prior to the issuance of a building permit from the County of Los Angeles. PASSED, APPROVED AND ADOPTED THIS 18th DAY OF JANUARY, 2005. ATTEST: MARILYN KERN, DEPUTY CITY CLERK Reso. 2005-01 32 Middleridge t ROGER $OMMER, CHAIRMAN 4 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS) I certify that the foregoing Resolution No. 2005-01 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO PERMIT CONSTRUCTION OF A SWIMMING POOL AND A SPA IN THE SOUTH SIDE YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 695, AT 32 MIDDLERIDGE LANE SOUTH (LOT 248-A-3-UR), (WESTERGAARD). was approved and adopted at a regular meeting of the Planning Commission on January 18, 2005 by the following roll call vote: AYES: Commissioner DeRoy, Hankins, Margeta, Witte and Chairman Sommer. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. Reso. 2005-01 32 Middleridge I�.�-- DEPUTY CITY LERK C9 5 DATE: TO: FROM: • City 0/ RO/fifl JUL • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com JANUARY 18, 2005 HONORABLE MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: REOUEST ZONING CASE NO. 695 32 MIDDLERIDGE LANE SOUTH (LOT 248-A-3-UR) RA-S-2, 2.67 ACRES (GROSS) MR. AND MRS. DAN WESTERGAARD BREIHOLZ QAZI ENGINEERING, INC. NOVEMBER 6, 2004 Request for a Variance to encroach with a proposed swimming pool and spa into side yard setback at an existing single family residence. BACKGROUND At the December 21, 2004 Planning Commission meeting, the Commission directed staff to prepare a Resolution of approval in Zoning Case No. 695, with standard findings and conditions. The vote was unanimous by those Commissioners present. Commissioner Hankins was absent. Resolution No. 2005-01 is attached for Commission's consideration. RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 2005-01 approving this development. 1J ®Pruvlert on FiQr.yr.led f':q i•iI • • RESOLUTION NO. 2005-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO PERMIT CONSTRUCTION OF A SWIMMING POOL AND A SPA IN THE SOUTH SIDE YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 695, AT 32 MIDDLERIDGE LANE SOUTH (LOT 248-A-3-UR), (WESTERGAARD). 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. Dan Westergaard with respect to real property located at 32 Middleridge Lane South, Rolling Hills (Lot 248-A- 3-UR) requesting to construct an 800 square foot swimming pool and 60 square foot spa in the side yard setback. Section 2. The Planning Commission conducted duly noticed public hearings to consider the application on November 16, 2004, December 21, 2004, and at a field trip visit on December 4, 2004. The applicants were notified of the public hearings in writing by first class mail. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. The applicant was in attendance at the hearings. Section 3. The Planning Commission finds that the project is exempt from environmental review under the California Environmental Quality Act. Section 4. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code permit approval of a Variance from the standards and requirements of the Zoning Ordinance when exceptional or extraordinary circumstances applicable to the property and not applicable to other similar properties in the same zone prevent the owner from making use of a parcel of property to the same extent enjoyed by similar properties in the same vicinity. A Variance to Section 17.16.120 is required because it states that every lot in the RAS-2 zone shall have a side yard of not less than 35 feet from the side property line. The applicant is requesting a Variance to encroach 20 feet into the required 35-foot south side yard setback to construct the pool and spa. With respect to this request for a Variance, the Planning Commission finds as follows: A. There are exceptional and extraordinary circumstances and conditions applicable to the property that do not apply generally to the other property or class of use in the same zone. The lot size and configuration, together with the existing development on the lot creates difficulty in meeting the side yard setback Code requirements. Although the subject parcel is large, (94,755 square feet net lot area), only approximately 16,000 square feet of the lot is level and suitable for development without grading. Most of this level area is already developed with the single family residence. The remaining portion is required to be set aside for a future stable and corral. The existing residence was built up to the south side yard setback line, not leaving adequate space for other accessory structures, except on the flat portion in the setback, where the swimming pool and spa are proposed. B. The Variance is necessary for the preservation and enjoyment of a • • substantial property right possessed by other property in the same vicinity and zone, but which is denied to the property in question. Strict applicationof the Zoning Ordinance would deprive the property owner of the right and benefits enjoyed by similarly situated properties in the same vicinity and zone. The encroachment permits the use of the lot to the extent allowed for other properties in the vicinity. The Variance will permit the development of the property in a manner similar to development patterns on surrounding properties. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. Development in the side yard will allow the remaining portion of the lot to remain undeveloped; would minimize grading and would replace the existing spa, which also encroaches into the side yard setback. The proposed pool would be not less than 200 feet to the nearest residence. The structural lot coverage, the total impervious lot coverage and the disturbed area are within the requirements of the City. The residential building pad coverage exceeds the City's guidelines by 9.7% already. The Building Pad coverage with the proposed pool and spa will be 46.1%. Section 5. Based upon the foregoing findings, the Planning Commission hereby approves the Variance for Zoning Case No. 695 to encroach 20 feet into the south side yard setback with swimming pool and a spa, subject to the following conditions: A. The Variance approval shall expire within two years from the effective date of approval as defined in Section 17.38.070, unless otherwise extended pursuant to the requirements of this section. B. It is declared and made a condition of the Variance that if any conditions thereof are violated, this approval shall be suspended and the privileges granted thereunder shall lapse; provided that the applicant has 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. All requirements of the Buildings 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 permit, or shown otherwise on an approved plan. D. The lot shall be developed and maintained in substantial conformance with the site plan on file marked Exhibit A and dated October 28, 2004, except as otherwise provided in these conditions. E. The property on which the project is located shall contain an area of minimum of 1,000 square feet to provide an area meeting all standards for a stable (450 square feet) and corral (550 square feet) with access thereto. F. If applicable, the property owners shall comply with Section 17.27.030 of the Zoning Ordinance pertaining to undergrounding of utilities. Reso. 2005-01 32 Middleridge 2 I. Structural lot coverage shall not exceed 6,601 square feet or 7.0% in conformance with lot coverage limitations. J. Total lot coverage of structures and paved areas shall not exceed 12,227 square feet or 12.9% in conformance with total lot coverage limitations. K. The disturbed area of the lot shall not exceed 23,594 square feet or 24.9% in conformance with disturbed area limitations. L. Residential building pad coverage on the 13,330 square foot residential building pad shall not exceed 6,151 square feet or 46.1%; coverage on the 1,180 square foot future stable pad shall not exceed 450 square feet or 38.1%. M. There shall be. no .grading of the site, except for the future stable, if constructed. N. The existing topography, flora and natural features of the lot shall be retained to the greatest extent feasible. O. If landscaping is planned in connection with this project, it shall include water efficient irrigation, to the maximum extent feasible, 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 in accordance with Section 17.27.020 (Water Efficient Landscaping Requirements) of the Rolling Hills Municipal Code. Further, if landscaping is planned in connection with this project it shall be designed using native plants, shrubs and trees. If trees are incorporated in the landscaping scheme, they shall be of a variety that at full maturity shall not exceed the height of the residence. P. During construction, dust control measures shall be used to stabilize the soil from wind erosion and reduce dust and objectionable odors generated by construction activities in accordance with South Coast Air Quality Management District, Los Angeles County and local ordinances and engineering practices. Q. During construction, conformance with local ordinances and engineering practices so that people or property are not exposed to landslides, mudflows, erosion, or land subsidence shall be required. R. 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, objectionable odors, landslides, mudflows, erosion, or land subsidence shall be required. S. 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 Reso. 2005-01 32 Middleridge • • T. If a construction fence is erected during construction, it shall not be located in any easement or cross over trails. U. During and after construction, all parking shall take place on the project site and, if necessary, any overflow parking shall take place within nearby roadway easements. V. The property owners shall be required to conform with the Regional Water Quality Control Board and County Public Works Department Best Management Practices (BMP's) related to solid waste. W. During and after construction, all soil preparation, drainage, and landscape sprinklers shall protect the building pad from erosion and direct surface water in an approved manner. X. The project must be reviewed and approved by the Rolling Hills Community Association Architectural Review Committee prior to the issuance of a building permit. Y. The working drawings submitted to the County Department of Building and Safety for plan check review shall conform to the development plan described in Condition D. Z. The applicant shall execute an Affidavit of Acceptance of all conditions of this Variance approval, pursuant to Section 17.38.060, or the approval shall not be effective. AA. All conditions of this Variance approval, that apply, must be complied with prior to the issuance of a building permit from the County of Los Angeles. PASSED,APPROVED AND ADOPTED THIS 18th DAY OF JANUARY, 2005. ATTEST: MARILYN KERN, DEPUTY CITY CLERK Reso. 2005-01 32 Middleridge ROGER SOMMER, CHAIRMAN 4 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS) I certify that the foregoing Resolution No. 2005-01 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO PERMIT CONSTRUCTION OF A SWIMMING POOL AND A SPA IN THE SOUTH SIDE YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 695, AT 32 MIDDLERIDGE LANE SOUTH (LOT 248-A-3-UR), (WESTERGAARD) __ was approved and adopted at a regular meeting of the Planning Commission on January 18, 2005 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices. Reso. 2005-01 32 Middleridge DEPUTY CITY CLERK 5 • • Ci1y o/RO/fi _uPP INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com DATE: DECEMBER 21, 2004 TO: HONORABLE MEMBERS OF THE PLANNING COMMISSION FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: REOUEST ZONING CASE NO. 695 32 MIDDLERIDGE LANE SOUTH (LOT 248-A-3-UR) RA-S-2, 2.67 ACRES (GROSS) MR. AND MRS. DAN WESTERGAARD BREIHOLZ QAZI ENGINEERING, INC. NOVEMBER 6, 2004 Request for a Variance to encroach with a proposed swimming pool and spa into the side yard setback at an existing single family residence. BACKGROUND 1. The Commission visited the subject site on December 4, 2004. Commissioner DeRoy visited the property with staff on December 9, 2004. 2. The applicants propose to construct an 800 square foot swimming pool with a 60 square foot spa in the south side yard setback, which requires a Variance. 3. The property is developed with a 3,911 square foot residence, 768 square foot garage, an 80 square foot gazebo, 60 square foot spa, 516 square foot raised deck and 96 square foot service yard. The existing spa will be removed and a new spa located near the pool. 4. Records show that in January of 1979, the then owners of the property requested a reduction in the south easement from 25 feet to 10 feet for the purpose of construction of a pool. The RHCA granted the easement reduction, however the request for the pool was not submitted. 5. An area for a future 450 square foot stable with 550 square foot corral is set aside to the rear of the existing residence, with access along the northern side yard, not to exceed 25% in slope. ZC No. 695 PC 12/21/04 1 ® Pru ile:d on Fl:cyclod Pdprn • • 6. Responding to the criteria to be satisfied for grant of a Variance the applicants' representative states that the configuration of the lot is narrow where the existing house pad is located, and the area of the proposed pool is already level and no grading would be required. The area of the lot behind the residence is too steep for a pool. The representative also states that the construction would not be visible from adjacent properties, and that the closest residence from the proposed pool is 215 feet away. -7. -- No grading -is required for this project: 8. The property is located in the RAS-2 zone and is 2.67 acres gross in area, (116,305 square feet). The net lot area is 94,785 square feet. The structural lot coverage proposed is 6,601 square feet, which includes all of the structures or 7.0% of the net lot area, (20% permitted). The total lot coverage proposed, including structures and flatwork is 12,227, square feet or 12.9% of the net lot area, (35% permitted). 9. The existing residential building pad is 13,330 square feet and will not change. The residential pad coverage is proposed to be 6,151 square feet or 46.1%, which includes the proposed pool and spa. Currently, the building pad coverage is 39.7%. The stable pad will be 1,180 square feet with future coverage of 38.1%. Combined building pad coverage will be 45.5% 10. The disturbed area of the lot, including the future stable will be 24.9% of the net lot area (40% maximum permitted). 11. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). 12. The Rolling Hills Community Association will review the project at a later date. RECOMMENDATION It is recommended that the Planning Commission open the continued public hearing and provide direction to staff. ZC No. 695 PC 12/21/04 2 ZONING CASE NO. 695 SITE PLAN REVIEW RA-S-2 ZONE SETBACKS Front: 50 ft. from front easement line Side: 35 ft. from property line Rear: 50 ft. from property line STRUCTURES (Site Plan Review required if size of structure increases by at least 1,000 sq. ft, and has the effect of increasing the size of the structure by more than 25% in a 36-month period). STRUCTURAL LOT COVERAGE (20% maximum) TOTAL LOT COVERAGE (35% maximum) BUILDING PAD COVERAGE RESIDENTIAL FUTURE BARN COVERAGE COVERAGE (30% maximum guideline) 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 (minimum 450 sa. ft.) and CORRAL (minimum 550 sq. ft.) STABLE ACCESS ACCESSWAY VIEWS PLANTS AND ANIMALS EXISTING PROPOSED Single family residence Pool with spa in the side setback Residence 3911 sq.ft. Residence 3911 sq.ft. Garage 768 sq.ft Garage 768 sq.ft Stable 0 sq.ft Stable 450 sq.ft ServiceYard 96 sq.ft. - ServiceYard 96 sq.ft. Gazebo 80 sq.ft. Pool/spa 860 sq.ft. Spa 60 sq.ft Raised deck 516 sq.ft. Raised deck 516 sq.ft. TOTAL 5.6% 10.7% 39.7% N/A 23.5% N/A N/A N/A 5,335 sq.ft TOTAL 6,601 sq.ft Existing from Middleridge N/A 7.0% of 94,755 sq.ft. net lot area 12.9% of 94,755 sq.ft. net lot area 46.1% of 13,330 sq.ft. pad 38.1% of 1,180 sq.ft. pad Combined — 45.5% None 24.9 or 23,594 sq.ft. (includes future stable) Future 450 sq.ft. Future 550 sq.ft. From driveway over north easement Existing from Middleridge Planning Commission review N/A Planning Commission review ZC No. 695 PC 12/21/04 3 VARIANCE REQUIRED FINDINGS A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; and B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; and C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; and D. That in granting the variance, the spirit and intent of this title will be observed; and E. That the variance does not grant special privilege; F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and G. That the variance request is consistent with the General Plan of the City of Rolling Hills. ZC No. 695 PC 12/21/04 4 • e?4 0//JA �re� INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com DATE: DECEMBER 4, 2004 TO: HONORABLE MEMBERS OF THE PLANNING COMMISSION FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. ZONING CASE NO. 695 SITE LOCATION: 32 MIDDLERIDGE LANE SOUTH (LOT 248-A-3-UR) ZONING AND SIZE: RA-S-2, 2.67 ACRES (GROSS) APPLICANT: MR. AND MRS. DAN WESTERGAARD REPRESENTATIVE: BREIHOLZ QAZI ENGINEERING, INC. PUBLISHED: NOVEMBER 6, 2004 REQUEST Request for a Variance to encroach with a proposed swimming pool and spa into the side yard setback at an existing single family residence. BACKGROUND 1. The Planning Commission at the November 16, 2004 meeting scheduled a field visit to subject site for December 4, 2004. 2. The applicants propose to construct an 800 square foot swimming pool with a 60 square foot spa in the south side yard setback, which requires a Variance. 3. The property is developed with a 3,911 square foot residence, 768 square foot garage, an 80 square foot gazebo with 60 square foot spa, 516 square foot raised deck and 96 square foot service yard. The existing gazebo with spa will be removed and a new spa located near the pool. 4. Records show that in January of 1979, the then owners of the property requested a reduction in the south easement from 25 feet to 10 feet for the purpose of construction of a pool. The RHCA granted the easement reduction, however the request for the pool was not submitted. 5. An area for a future 450 square foot stable with 550 square foot corral is set aside to the rear of the existing residence, with access along the northern side yard, not to exceed 25% in slope. ZC No. 695 PC 12/4/04FT 1 • 6. Responding to the criteria to be satisfied for grant of a Variance the applicants' representative states that the configuration of the lot is narrow where the existing house pad is located, and the area of the proposed pool is already level and no grading would be required. The area of the lot behind the residence is too steep for a pool. The representative also states that the construction would not be visible from adjacent properties, and that the closest residence from the proposed pool is 215 feet away. 7. No grading is required for this project. 8. The property is located in the RAS-2 zone and is 2.67 acres gross in area, (116,305 square feet). The net lot area is 94,785 square feet. The structural lot coverage proposed is 6,601 square feet, which includes all of the structures or 7.0% of the net lot area, (20% permitted). The total lot coverage proposed, including structures and flatwork is 12,227 square feet or 12.9% of the net lot area, (35% permitted). 9. The existing residential building pad is 13,330 square feet and will not change. The residential pad coverage is proposed to be 6,151 square feet or 46.1%, which includes the proposed pool and spa. Currently, the building pad coverage is 39.7%. The stable pad will be 1,180 square feet with future coverage of 38.1%. Combined building pad coverage will be 45.5% 10. The disturbed area of the lot, including the future stable will be 24.9% of the net lot area (40% maximum permitted). 11. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). 12. The Rolling Hills Community Association will review the project at a later date. RECOMMENDATION It is recommended that the Planning Commission open the continued public hearing and view the project. ZC No. 695 PC 12/4/04FT 2 • ZONING CASE NO. 695 SITE PLAN REVIEW RA-S-2 ZONE SETBACKS Front: 50 ft. from front easement line Side: 35 ft. from property line Rear: 50 ft. from property line STRUCTURES (Site Plan Review required if size of structure increases by at least 1,000 sq. ft. and has the effect of increasing the size of the structure by more than 25% in a 36-month period). STRUCTURAL LOT COVERAGE (20% maximum) TOTAL LOT COVERAGE (35% maximum) BUILDING PAD COVERAGE RESIDENTIAL FUTURE BARN COVERAGE COVERAGE (30% maximum guideline) 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 (minimum 450 so. ft.) and CORRAL (minimum 550 sq. ft.) STABLE ACCESS ACCESSWAY VIEWS PLANTS AND ANIMALS EXISTING PROPOSED Single family residence Pool with spa in the side setback Residence 3911 sq.ft. Residence 3911 sq.ft. Garage 768 sq.ft Garage 768 sq.ft Stable 0 sq.ft Stable 450 sq.ft ServiceYard 96 sq.ft. ServiceYard 96 sq.ft. Gazebo 80 sq.ft. Pool/spa 860 sq.ft. Spa 60 sq.ft Raised deck 516 sq.ft. Raised deck 516 sq.ft. TOTAL 5,335 sq.ft TOTAL 6,601 sq.ft 5.6% 7.0% of 94,753 sq.ft. net lot area 10.7% 12.9% of 94,755 sq.ft. net lot area 39.7% 46.1% of 13,330 sq.ft. pad 38.1% of 1,180 sq.ft. pad Combined — 45.5% N/A None 23.5% N/A N/A N/A Existing from Middleridge N/A 24.9 or 23,594 sq.ft. (includes future stable) Future 450 sq.ft. Future 550 sq.ft. From driveway over north easement Existing from Middleridge Planning Commission review N/A Planning Commission review ZC No. 695 3 PC 12/4/04FT • • VARIANCE REQUIRED FINDINGS A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally, to other properties in the same vicinity and zone; and _ - __ B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; and C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; and D. That in granting the variance, the spirit and intent of this title will be observed; and E. That the variance does not grant special privilege; F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and G. That the variance request is consistent with the General Plan of the City of Rolling Hills. ZC No. 695 PC 12/4/04FT 4 DATE: TO: FROM: Ci1f* • ./ �otGiL`•%ZL�L1�iL'.f INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com NOVEMBER 16, 2004 HONORABLE MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: REOUEST ZONING CASE NO. 695 32 MIDDLERIDGE LANE SOUTH (LOT 248-A-3-UR) RA-S-2, 2.67 ACRES (GROSS) MR. AND MRS. DAN WESTERGAARD BREIHOLZ QAZI ENGINEERING, INC. NOVEMBER 6, 2004 Request for a Variance to encroach with a proposed swimming pool and spa into the side yard setback at an existing single family residence. BACKGROUND 1. The applicants propose to construct an 800 square foot swimming pool with a 60 square foot spa in the south side yard setback, which requires a Variance. 2. The property is developed with a 3,911 square foot residence, 768 square foot garage, an 80 square foot gazebo with 60 square foot spa, 516 square foot raised deck and 96 square foot service yard. The existing gazebo with spa will be removed and a new spa located near the pool. 3. Records show that in January of 1979, the then owners of the property requested a reduction in the south easement from 25 feet to 10 feet for the purpose of construction of a pool. The RHCA granted the easement reduction, however the request for the pool was not submitted. 4. An area for a future 450 square foot stable with 550 square foot corral is set aside to the rear of the existing residence, with access along the northern side yard, not to exceed 25% in slope. 5. Responding to the criteria to be satisfied for grant of a Variance the applicants' representative states that the configuration of the lot is narrow where the existing house pad is located, and the area of the proposed pool is already level ZC NO. 695 PC 11/16/04 1 ®Print[,,.' F : yr.lrii P.A1,0 i • • and no grading would be required. The area of the lot behind the residence is too steep for a pool. The representative also states that the construction would not be visible from adjacent properties, and that the closest residence from the proposed pool is 215 feet away. 6. No grading is required for this project. 7. The property is located in the RAS-2 zone and is 2.67 acres gross in area, (116,305 square feet). The net lot area is 94,785 square feet. The structural lot coverage proposed is 6,601 square feet, which includes all of the structures or 7.0% of the net lot area, (20% permitted). The total lot coverage proposed, including structures and flatwork is 12,227 square feet or .12.9% of the net lot area, (35% permitted). 8. The existing residential building pad is 13,330 square feet and will not change. The residential pad coverage is proposed to be 6,151 square feet or 46.1%, which includes the proposed pool and spa. Currently, the building pad coverage is 39.7%. The stable pad will be 1,180 square feet with future coverage of 38.1%. Combined building pad coverage will be 45.5% 9. The disturbed area of the lot, including the future stable will be 24.9% of the net lot area (40% maximum permitted). 10. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). 11. The Rolling Hills Community Association will review the project at a later date. RECOMMENDATION It is recommended that the Planning Commission review the staff report, open the public hearing and take public testimony. ZC NO. 695 PC 11/16/04 2 ZONING CASE NO. 695 SITE PLAN REVIEW 1 EXISTING RA-S-2 ZONE SETBACKS Front: 50 ft. from front easement line Side: 35 ft. from property line Rear: 50 ft. from property line STRUCTURES (Site Plan Review required if size of structure increases by at least 1,000 sq. ft. and has the effect of increasing the size of the structure by more than 25% in a 36-month period). STRUCTURAL LOT COVERAGE (20% maximum) TOTAL LOT COVERAGE (35% maximum) BUILDING PAD COVERAGE RESIDENTIAL FUTURE BARN COVERAGE COVERAGE (30% maximum guideline) 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 (minimum 450 so. ft.) and CORRAL (minimum 550 sq. ft.) STABLE ACCESS ACCESSWAY VIEWS PLANTS AND ANIMALS PROPOSED Single family residence Pool with spa in the side setback Residence 3911 sq.ft. Residence 3911 sq.ft. Garage 768 sq.ft Garage 768 sq.ft Stable 0 sq.ft Stable 450 sq.ft ServiceYard 96 sq.ft. ServiceYard 96 sq.ft. Gazebo 80 sq.ft. Pool/spa 860 sq.ft. Spa 60 sq.ft - Raised deck 516 sq.ft. Raised deck 516 sq.ft. TOTAL 5,335 sq.ft TOTAL 6,601 sq.ft 5.6% 7.0% of 94,75 5 sq.ft. net lot area 10.7% 12.9% of 94,755 sq.ft. net lot area 39.7% 46.1% of 13,330 sq.ft. pad 38.1% of 1,180 sq.ft. pad Combined — 45.5% N/A None 23.5% N/A N/A N/A Existing from Middleridge N/A 24.9 or 23,594 sq.ft. (includes future stable) Future 450 sq.ft. Future 550 sq.ft. From driveway over north easement Existing from Middleridge Planning Commission review N/A Planning Commission review ZC NO. 695 PC 11/16/04 3 VARIANCE REQUIRED FINDINGS A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; and B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; and C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; and D. That in granting the variance, the spirit and intent of this title will be observed; and E. That the variance does not grant special privilege; F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and G. That the variance request is consistent with the General Plan of the City of Rolling Hills. ZC NO. 695 PC 11/16/04 4'