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921, Construct a 7 ft fence in side, Staff Reports• City TO: FROM: THROUGH: SUBJECT: APPLICANT: REPRESENTATIVE: PUBLISHED: ATTACHMENT: o leSinp g LIi INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 Agenda Item No.: 5-A Mtg. Date: 08-14-17 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL YOLANTA SCHWARTZ, PLANNING DIRECTOR JULIA STEWART, ASSISTANT PLANNER RAYMOND R. CRUZ, CITY MANAGER RESOLUTION NO. 2017-10. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF VARIANCES TO RETAIN A CHICKEN COOP IN THE REAR YARD SETBACK, RETAIN A SHED IN THE SIDE SETBACK, RETAIN AN AS -BUILT FIRE PIT, TO EXCEED THE PREVIOUSLY APPROVED LOT DISTURBANCE, CONSTRUCT A NEW SWIMMING POOL AND SPA AND TO CONSTRUCT VARIOUS OUTDOOR AMENITIES, IN ZONING CASE NO. 921, AT 26 EASTFIELD DRIVE (LOT 86-A-EF) ROLLING HILLS, CA, (CLINTON). KYLE AND JENNIFER CLINTON ART ALANIZ/STEPHANIE OBERC, THE SEED GROUP JUNE 9, 2017 Resolution REQUEST AND PLANNING COMMISSION ACTION Recommendation It is recommended that the City Council receive and file this report or provide other direction to staff. Request The applicant is requesting a series of Variances to permit backyard amenities which includes construction of a new 474 square foot swimming pool/spa, 493 square foot pool deck, 30 square foot pool equipment area, 29 square foot barbeque and 83 square foot Printed on Recycled Paper • • residentialpatio, legalize an existing72 square foot chicken coo 144 square foot metal g q p� q shed and approximately 20 square foot fire pit, construct new planters and stairs with adequate set aside for a future stable and corral. All elements of new construction submitted by the applicant are located within the rear yard setback. Thus, a variance is needed to allow for all of these proposed project features. The proposed chicken coop is an existing structure that has never been legalized. It is located within setbacks and distances that require a variance. The metal shed was approved by the Rolling Hills Community Association in 2014 but was never reviewed by the City. The proposed improvements on the subject property will increase the amount of. disturbed area from 63.4% to 71.52% (it is noteworthy that the existing disturbance already exceeded allowable limits), was initially going to exceed the total allowed lot coverage with 39.38% but has now reduced lot coverage to 33.44% (35% maximum), and will exceed the maximum residential building pad coverage with 52.04% with allowable deductions (30% guideline maximum). Planning Commission Review The Planning Commission first viewed the project in the field, opened the hearing to enable brief public testimony and continued the meeting to the evening meeting of the Planning Commission on March 21, 2017. Due to concerns regarding the placement and orientation of the pool equipment area, the Planning Commission directed staff to prepare a resolution including conditions to address these points. At its regular evening meeting held on April 18, 2017, the Planning Commission approved the resolution for the project. BACKGROUND Zoning and Land Size The property is zoned RAS-1 and the lot area excluding the roadway easement is 0.83 acres. For development purposes the net lot area of the lot is 28,650 square feet or 0.66 acres. The property size is an existing non -conforming condition as it is less than one acre in size even when considering the gross square footage of the site. The smaller lot size is a likely contributor to the improvements located in setbacks and overall disturbance for the proposed project. Past Property Approval The subject property is currently improved with a 3,146 square foot residence and 504 square foot garage with a rear patio. An addition of 422 square feet has already been approved and will be added to the existing garage for a total of 926 square feet of garage space. There is also an existing metal shed on the property which was previously permitted by the Rolling Hills Community Association. Animal Keeping The applicant is seeking to legalize an existing non -permitted 72 square foot chicken coop located within 100 feet from the neighboring residence and inside the 25 foot rear and side setbacks. Municipal Code Section 6.32.020 Fowls and rabbits - Limitations states "...no person shall keep, chickens...within twenty-five feet of any property line or within one hundred feet of any dwelling house or structure used as a dwelling house, other than a dwelling house or structure occupied by said person." The coop is approximately 52 feet from the nearest residence, less than 10 feet from the rear property line, and just within 25 feet of the side property line. Thus, variances are required iorder to permit the existing chicken coop in its current location. MUNICIPAL CODE COMPLIANCE Grading The total combined grading for this project will consist of 1,284 cubic yards of overall cut and fill. Construction activities will include grading of 172 cubic yards of cut, 132 cubic yards of fill, and 980 cubic yards for future stable and corral purposes. An export of dirt for the pool excavation may not exceed 40 cubic yards. Disturbance 20,490 square feet of the lot is proposed to be disturbed or 71.52%. Currently the existing disturbed area is 18,160 square feet or 63.4%. The existing disturbed area of the lot already exceeds the maximum allowable 40%. The lot is undersized which contributes, in part, to the exceedance of maximum lot disturbance. The applicant is seeking a variance for lot disturbance. Lot Coverage The property is a substandard sized lot and the size is considered an existing nonconforming condition. This means that the RAS-1 zone requires a minimum of 1 gross acre of land and the 0.66 acres of developable land on the subject property falls extremely short of this zoning standard. This has impacted some of the coverages associated with the lot. The applicant made changes to the originally proposed project to help address the existing nonconforming condition. For example, large portions of the existing imperviously paved driveway are being replaced with pervious paving thereby reducing the amount of flatwork on the site and reducing the overall lot coverage to levels acceptable under the code. The existing total lot coverage (structural and flatwork) on the property is 9,329 or 32.56%. The total lot coverage now proposed is 9,581 square feet overall or 33.44% (with deductions) (35% max. permitted). The structural coverage of the lot is 5,522 square feet or 19.27% (20% max. permitted). The applicant was originally seeking a variance to the structural and overall lot coverages but now no longer needs a variance for coverage because of these revisions. Stable and Corral Set Aside The applicant proposes a 450 square foot stable and 550 square foot corral set aside area. Stable access would be located along the bridal trail on the southerly side of the property. The identified location satisfies all the requirements for stable and corral set asides and establishes the appropriate distance to the residence for horse keeping purposes. Additionally, the structural and lot coverage for the stable is included in the currently proposed project calculations. Utility Lines If electrical service is provided to the entertainment areas, it will be a requirement that utility lines be placed underground. • Rolling Hills Community Association Review Rolling Hills Community Association will review this project at a later date. Planning Commission Responsibilities When reviewing a development application, the Planning Commission must consider whether the proposed project meets the criteria for a Site Plan Review and Variance, as attached below. Environmental Review The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA) under Class 3, Section 15303. CRITERIA FOR VARIANCES 17.38.050 Required findings. In granting a variance, the Commission (and Council on appeal) must make the following findings: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; D. That in granting the variance, the spirit and intent of this title will be observed; E. That the variance does not grant special privilege to the applicant; F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and G. That the variance request is consistent with the general plan of the City of Rolling Hills. SOURCE: City of Rolling Hills Zoning Ordinance RESOLUTION NO. 2017-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF VARIANCES TO RETAIN A CHICKEN COOP IN THE REAR YARD SETBACK, RETAIN A SHED IN THE SIDE SETBACK, RETAIN AN AS -BUILT FIRE PIT, TO EXCEED THE PREVIOUSLY APPROVED LOT DISTURBANCE, CONSTRUCT A NEW SWIMMING POOL AND SPA AND TO CONSTRUCT VARIOUS OUTDOOR AMENITIES, IN ZONING CASE NO. 921, AT 26 EASTFIELD DRIVE (LOT 86- A-EF) ROLLING HILLS, CA, (CLINTON). THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application was duly filed by property owners Kyle and Jennifer Clinton with respect to real property located at 26 Eastfield Drive (Lot 86-A-EF) Rolling Hills, CA requesting Variances. The Variances requested seek permission to: 1) construct a 474 square foot infinity pool and spa partially located in the rear yard setback 2) legalize a 72-square foot as -built chicken coop located in the rear yard setback, 3) legalize a 144 square foot as -built shed in the side yard setback, 4) legalize an as -built fire pit in the rear yard setback, and 5) construct an 39 square foot patio and 29 square foot barbeque in the rear yard setback, 6) receive a variance for keeping chickens within 100 feet from the neighboring residence and within 25 feet of the rear property line, and 7) increase the amount of disturbed area of the lot from 63.4% to 71.52% (40% maximum allowed) due to grading for the proposed pool and outdoor amenities. All grading for the project is for the construction of and access to the pool. Section 2. The Planning Commission conducted duly noticed public hearings on June 20, 2017, including'a field trip, and July 18, 2017, to consider the application. The applicants and neighbors within 1,000-foot radius of subject property were notified of the public hearing 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 reviewed, analyzed and studied said proposal. At its June 20th public hearing meeting, the Planning Commission expressed concern with the pool equipment enclosure. It was pointed out that the pool equipment area will be fully enclosed with standard height walls and noise attenuation equipment required to control the noise. Section 3. The property is developed with a 3,146 square foot residence, 504 square foot garage with existing permits for up to a 926 square foot garage, rear patio space, and a circular driveway with two driveway aprons.. Resolution No. 2017-10 26 Eastfield Drive Section 4. The Planning Commission finds that the project is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) as a "Class 3" project in that it is new construction of limited sized structures, in accordance with the CEQA Guidelines, Class 3, Section 15303. Section 5. Variances. Sections 17.38.010 through 17.38.050 of the Code permit approval of a variance in order to grant relief from the standards and requirements of the Zoning Ordinance when, due to exceptional or extraordinary circumstances applicable to the subject property and not to other similar properties in the same zone, strict application of the Code would deny the property owner substantial property rights enjoyed by other properties in the same vicinity and zone. With respect to the variances requested (as delineated in Section 1), the Planning Commission finds as follows: A. There are exceptional and extraordinary circumstances and conditions applicable to the subject property that do not apply generally to other property or class of use in the same zone in that, principally, the fact that the property is a substandard sized lot and the size is considered an existing nonconforming condition. This means that the RAS-1 zone requires a minimum of 1 net lot acre of land and the 0.66 acres of developable land on the subject property falls extremely short of this zoning standard. This has impacted some of the coverages associated with the lot. The applicant made changes to the originally proposed project to help address the existing nonconforming condition. B. The requested Variances for structures located in setbacks and disturbance are 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 in that swimming pools and associated equipment and chicken coops and storage sheds are amenities common to, and characteristic of the large estate sized properties that permit animal keeping and private recreational uses complimentary to the single family RA-S-1 Residential zone. C. The swimming pool/spa and outdoor amenities requested by the property owners will not be injurious to neighbors. The chicken coop is an as -built structure and has been in use for over one year. The neighbors have been aware of the presence of the coop and have never communicated any problems with its location in proximity to their residence. The pool equipment enclosure will be fully enclosed to mitigate any possible noise. With the exception of the as -built shed, which matches the, design of the residence, none of the proposed amenities will be visible from the street. There is also landscaping between neighboring properties to help screen backyard elements and attenuate noise. D. The variances that allow for the project do not violate the spirit and intent of development in the area. All of the requested amenities are compatible with Resolution No. 2017-10 2 26 Eastfield Drive residential and agricultural uses; storage, animal keeping, and recreational activities appropriate for residential uses. E. The proposed accessory uses are consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting criteria for hazardous waste facilities in that the project site is not listed on the current State of California Hazardous Waste and Substances Sites List. F. The variances do not grant special privileges to the applicant. To the contrary, absent a variance, the property owner would be deprived of the same rights and privileges afforded to other property owners in the vicinity, especially due to the unusually small size of the property. This unique physical constraint makes it infeasible for the property owner to comply with Sections 17.16.070.B (disturbance limit) and 17.17.030 (development standards). Section 6. Based upon the foregoing findings, the Planning Commission hereby approves Zoning Case No. 921, request for Variances for construction of a 474 square foot infinity pool and spa, partially located in the rear yard setback, legalizing a 72- square foot as -built chicken coop located in the rear yard setback, legalizing a 144 square foot as -built shed in the side yard setback, legalizing an as -built fire pit in the rear yard setback, and construction of an 39 square foot patio and 29 square foot barbeque in the rear yard setback, along with allowance for keeping chickens within 100 feet from the neighboring residence and within 25 feet of the rear property line, and allowance to increase the amount of disturbed area of the lot from 63.4% to 71.52% (40% maximum allowed) due to grading for the proposed pool and outdoor amenities., subject to the following conditions: A. The Variance approvals shall expire within two years from the effective date of approval as defined in Sections 17.38.070, unless otherwise extended pursuant to the requirements of these sections. B. If any condition of this resolution is violated, the entitlement granted by this resolution shall be suspended and the privileges granted hereunder shall lapse and upon receipt of written notice from the City, all construction work being performed on the subject property shall immediately cease, other than work determined by the City Manager or his/her designee required to cure the violation. The suspension and stop work order will be lifted once the Applicant cures the violation to the satisfaction of the City Manager or his/her designee. In the event that the Applicant disputes the City Manager or his/her designee's determination that a violation exists or disputes how the violation must be cured, the Applicant may request a hearing before the City Council. The hearing shall be scheduled at the next regular meeting of the City Council for which the agenda has not yet been posted, the Applicant shall be provided written notice of the hearing. The stop work order shall remain in effect during the pendency of the hearing. The City Council shall make a determination as to whether a violation Resolution No. 2017-10 3 ® 26 Eastfield Drive of this Resolution has occurred. If the Council determines that a violation has not occurred or has been cured by the time of the hearing, the Council will lift the suspension and the stop work order. If the Council determines that a violation has occurred and has not yet been cured, the Council shall provide the Applicant with a deadline to cure the violation; no construction work shall be performed on the property until and unless the violation is cured by the deadline, other than work designated by the Council to accomplish the cure. If the violation is not cured by the deadline, the Council may either extend the deadline at the Applicant's request or schedule a hearing for the revocation of the entitlements granted by this Resolution pursuant to Chapter 17.58 of the Rolling Hills Municipal Code (RHMC). C. All requirements of the Building and Construction Ordinance, the Zoning Ordinance, LA County Building Code and of the zone in which the subject property is located must be complied with unless otherwise set forth in the Permit, or shown otherwise on an approved plan. D. The conditions of approval specified herein shall be printed on the construction plans submitted to the building department for plan check and permitting and shall be available at all time at the construction site. E. The lot shall be developed and maintained in substantial conformance with the site plan on file dated June 14, 2017, except as otherwise provided in these conditions. The working drawings submitted to the Department of Building and Safety for plan check review shall conform to the approved development plan. All conditions of the Variance approvals shall be incorporated into the building permit working drawings and where applicable complied with prior to issuance of a building permit. F. Prior to submittal of final working drawings to the Building and Safety Department for issuance of building permits, the plans for the project shall be submitted to City staff for verification that the final plans are in compliance with the plans approved by the Planning Commission. Building permits may be required for the shed and any other outdoor "as built" structure, if required by Building and Safety. G. A licensed professional preparing construction plans for this project for Building Department review shall execute a Certificate affirming that the plans conform in all respects to this Resolution approving this project and all of the conditions set forth therein and the City's Building Code and Zoning Ordinance. Further, the person obtaining a building permit for this project shall execute a Certificate of Construction stating that the project will be constructed according to this Resolution and any plans approved therewith. Resolution No. 2017-10 4 S 26 Eastfield Drive • • H. Structural lot coverage of the lot shall not exceed 5,522 square feet or 19.27% of the net lot area with allowable deductions, in conformance with lot coverage limitations (20% maximum). The size of the structures shall be measured from the exterior surface of the outside walls. I. The total lot coverage proposed, including structures and flatwork, shall not exceed 9,581 square feet or 33.44% (with deductions), of the net lot area, in conformance with lot coverage limitations (35% max). i J. Grading for this project shall not exceed 1,284 cubic yards total which includes 172 cubic yards of cut, 132 cubic yards of fill and 980 cubic yards of grading for the future stable and corral. An export of dirt for the pool excavation may not exceed 40 cubic yards. The disturbance of the lot shall not exceed 71.52%, including the future stable and corral area. K. A drainage plan, if required by the Building Department shall be prepared and approved by City Staff prior to issuance of a construction permit. Such plan shall be subject to County Code requirements. L. The proposed pool equipment enclosure shall be fully enclosed (with the exception of the roof) along with the service yard, but not be located in the RHCA easement, unless permitted by the RHCA. M. Per LA County Building Code requirements, a pool barrier/fence shall be required. N. With the exception of those areas already permitted by the RHCA under the existing license agreement, perimeter easements and trails, if any, including roadway easements shall remain free and clear of any improvements including, but not be limited to, driveways, fences including construction fences, landscaping, irrigation and drainage devices, except as otherwise approved by the Rolling Hills Community Association. O. 65% of any construction ,materials must be recycled or diverted from landfills. The hauler of the materials shall obtain City's Construction and Demolition permit prior to start of work. P. During construction, the property owners shall be required to schedule and regulate construction and related traffic noise throughout the day between the hours of 7 AM and 6 PM, Monday through Saturday only, when construction and mechanical equipment noise is permitted, so as not to interfere with the quiet residential environment of the City of Rolling Hills. Resolution No. 2017-10 5 26 Eastfield Drive 5 Q. During construction, all parking shall take place on the project site and, if necessary, any overflow parking shall take place within nearby unimproved roadway easement adjacent to subject site. There shall be no blocking of adjacent driveways or of the roadway easement for passage of pedestrians and equestrians. During construction a flagmen shall be present to direct traffic when it is anticipated that a lane may be impeded. During construction, to the maximum extent feasible, employees of the contractor shall be encouraged to car-pool to and from the City. R. The property owner shall at all times maintain the pool equipment within the proposed enclosure such that it does not create any undue noise disturbances or visual impacts to neighbors. Sound attenuating equipment shall be installed to dampen the sound. The pool equipment shall utilize the most quiet 'and technologically advanced equipment to dampen the sound. S. The property owners shall be required to conform with the Regional Water Quality Control Board and County Public Works Department Best Management Practices (BMP's) requirements related to solid waste, drainage and storm water drainage facilities management. T. Any proposed modifications of the project after approval of the application will be subject to Section 17.38.065 of the Rolling Hills Municipal Code. U. The applicant shall execute an Affidavit of Acceptance of all conditions of this permit pursuant to Zoning Ordinance, or the approval shall not be effective. V. The existing driveway is proposed to be removed and replaced with a pervious surface as illustrated in the plans submitted on June 14, 2017. The project cannot be finaled without this change made to the existing driveway because lot coverages will be over the allowable limit under the zone without the modified surface. PASSED, APPROVED AND ADOPTED TW18th D FfUa 2017. BRAD CHELF, CHAIIA ATTEST: r HEIDI LUCE, CITY CLERK Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in Section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure Section 1094.6. Resolution No. 2017-10 26 Eastfield Drive 6 �� • • STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS) I certify that the foregoing Resolution No. 2017-10 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF VARIANCES TO RETAIN A CHICKEN COOP IN THE REAR YARD SETBACK, RETAIN A SHED IN THE SIDE SETBACK, RETAIN AN AS -BUILT FIRE PIT, TO EXCEED THE PREVIOUSLY APPROVED LOT DISTURBANCE, CONSTRUCT A NEW SWIMMING POOL AND SPA AND TO CONSTRUCT VARIOUS OUTDOOR AMENITIES, IN ZONING CASE NO. 921, AT 26 EASTFIELD DRIVE (LOT 86- A-EF) ROLLING HILLS, CA, (CLINTON). was approved and adopted at a regular meeting of the Planning Commission on July 18, 2017 by the following roll call vote: AYES: Commissioners Cardenas, Cooley, Seaburn and Chairman Chelf. NOES: None. ABSENT: Commissioner Kirkpatrick. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. cTilithickg) HEIDI LUCE CITY CLERK Resolution No. 2017-10 26 Eastfield Drive &f Rdie se-9 ge sai • 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: 07-18-17 TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: JULIA STEWART, ASSISTANT PLANNER THROUGH: YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. ZONING CASE NO. 921 - RESOLUTION OF APPROVAL NO.2017-10 SITE LOCATION: 26 EASTFIELD DRIVE (LOT 86-A-EF) ZONING AND SIZE: RAS-1, 0.83 ACRES (EXCL. ROADWAY EASEMENT) APPLICANT: KYLE AND JENNIFER CLINTON REPRESENTATIVE: ART ALANIZ/STEPHANIE OBERC, THE SEED GROUP PUBLISHED: JUNE 9, 2017 REQUEST AND PLANNING COMMISSION ACTION Applicant Request The applicant is proposing backyard amenities which includes construction of a new 474 square foot swimming pool/spa, 493 square foot pool deck, 30 square foot pool equipment area, 29 square foot barbeque and 83 square foot residential patio, legalize an existing 72 square foot chicken coop, 144 square foot metal shed and approximately 20 square foot fire pit, construct new planters and stairs with adequate set aside for a future stable and corral. Variances All elements of new construction submitted by the applicant are located within the rear yard setback. Thus, a variance is needed to allow for all of these proposed project features. The proposed chicken coop is an existing structure that has never been legalized. It is located within setbacks and distances for animal keeping that require a variance. The metal shed was approved by the Rolling Hills Community Association in 2014 but was never reviewed by the City. The proposed improvements on the subject property will increase the amount of disturbed area from 63.4% to 71.52% (it is ZC NO. 921 26 Eastfield Drive 1 • noteworthy that the existing disturbance already exceeded allowable limits), was initially going to exceed the total allowed lot coverage with 39.38% but has now reduced lot coverage to 33.44% (35% maximum), and will exceed the maximum residential building pad coverage with 52.04% with allowable deductions (30% guideline maximum). Planning Commission Review The project was initially presented to the Planning Commission at a field trip conducted for the project on June 20, 2017, with additional review and discussion at the evening Planning Commission meeting held on that same date. After review and discussion of revisions to the project, the Planning Commission directed staff to prepare a Resolution of approval. Environmental Review The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA) under Class 3, Section 15303. Recommendation Based on the criteria listed below, it is recommended that the Planning Commission review and consider the attached Resolution No. 2017-10 for adoption. CRITERIA FOR VARIANCES 17.38.050 Required findings. In granting a variance, the Commission (and Council on appeal) must make the following findings: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; ,D. That in granting the variance, the spirit and intent of this title will be observed; E. That the variance does not grant special privilege to the applicant; F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and G. That the variance request is consistent with the general plan of the City of Rolling Hills. SOURCE: City of Rolling Hills Zoning Ordinance ZC No. 921 26 Eastfield Drive 2 • • RESOLUTION NO. 2017-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF VARIANCES TO RETAIN A CHICKEN COOP IN THE REAR YARD SETBACK, RETAIN A SHED IN THE SIDE SETBACK, RETAIN AN AS -BUILT FIRE PIT, TO EXCEED THE PREVIOUSLY APPROVED LOT DISTURBANCE, CONSTRUCT A NEW SWIMMING POOL AND SPA AND TO CONSTRUCT VARIOUS OUTDOOR AMENITIES, IN ZONING CASE NO. 921, AT 26 EASTFIELD DRIVE (LOT 86- A-EF) ROLLING HILLS, CA, (CLINTON). THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application was duly filed by property owners Kyle and Jennifer Clinton with respect to real property located at 26 Eastfield Drive (Lot 86-A-EF) Rolling Hills, CA requesting Variances. The Variances requested seek permission to: 1) construct a 474 square foot infinity pool and spa partially located in the rear yard setback 2) legalize a 72-square foot as -built chicken coop located in the rear yard setback, 3) legalize a 144 square foot as -built shed in the side yard setback, 4) legalize an as -built fire pit in the rear yard setback, and 5) construct an 39 square foot patio and 29 square foot barbeque in the rear yard setback, 6) receive a variance for keeping chickens within 100 feet from the neighboring residence and within 25 feet of the rear property line, and 7) increase the amount of disturbed area of the lot from 63.4% to 71.52% (40% maximum allowed) due to grading for the proposed pool and outdoor amenities. All grading for the project is for the construction of and access to the pool. Section 2. The Planning Commission conducted duly noticed public hearings on June 20, 2017, including a field trip, and July 18, 2017, to consider the application. The applicants and neighbors within 1,000-foot radius of subject property were notified of the public hearing 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 reviewed, analyzed and studied said proposal. At its June 20th public hearing meeting, the Planning Commission expressed concern with the pool equipment enclosure. It was pointed out that the pool equipment area will be fully enclosed with standard height walls and noise attenuation equipment required to control the noise. Section 3. The property is developed with a 3,146 square foot residence, 504 square foot garage with existing permits for up to a 926 square foot garage, rear patio space, and a circular driveway with two driveway aprons. Resolution No. 2017-10 26 Eastfield Drive • • Section 4. The Planning Commission finds that the project is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) as a "Class 3" project in that it is new construction of limited sized structures, in accordance with the CEQA Guidelines, Class 3, Section 15303. Section 5. Variances. Sections 17.38.010 through 17.38.050 of the Code permit approval of a variance in order to grant relief from the standards and requirements of the Zoning Ordinance when, due to exceptional or extraordinary circumstances applicable to the subject property and not to other similar properties in the same zone, strict application of the Code would deny the property owner substantial property rights enjoyed by other properties in the same vicinity and zone. With respect to the variances requested (as delineated in Section 1), the Planning Commission finds as follows: A. There are exceptional and extraordinary circumstances and conditions applicable to the subject property that do not apply generally to other property or class of use in the same zone in that, principally, the fact that the property is a substandard sized lot and the size is considered an existing nonconforming condition. This means that the RAS-1 zone requires a minimum of 1 net lot acre of land and the 0.66 acres of developable land on the subject property falls extremely short of this zoning standard. This has impacted some of the coverages associated with the lot. The applicant made changes to the originally proposed project to help address the existing nonconforming condition. B. The requested Variances for structures located in setbacks and disturbance are 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 in that swimming pools and associated equipment and chicken coops and storage sheds are amenities common to, and characteristic of the large estate sized properties that permit animal keeping and private recreational uses complimentary to the single family RA-S-1 Residential zone. C. The swimming pool/spa and outdoor amenities requested by the property owners will not be injurious to neighbors. The chicken coop is an as -built structure and has been in use for over one year. The neighbors have been aware of the presence of the coop and have never communicated any problems with its location in proximity to their residence. The pool equipment enclosure will be fully enclosed to mitigate any possible noise. With the exception of the as -built shed, which matches the design of the residence, none of the proposed amenities will be visible from the street. There is also landscaping between neighboring properties to help screen backyard elements and attenuate noise. D. The variances that allow for the project do not violate the spirit and intent of development in the area. All of the requested amenities are compatible with Resolution No. 2017-10 2 n 26 Eastfield Drive residential and agricultural uses; storage, animal keeping, and recreational activities appropriate for residential uses. E. The proposed accessory uses are consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting criteria for hazardous waste facilities in that the project site is not listed on the current State of California Hazardous Waste and Substances Sites List. F. The variances do not grant special privileges to the applicant. To the contrary, absent a variance, the property owner would be deprived of the same rights and privileges afforded to other property owners in the vicinity, especially due to the unusually small size of the property. This unique physical constraint makes it infeasible for the property owner to comply with Sections 17.16.070.B (disturbance limit) and 17.17.030 (development standards). Section 6. Based upon the foregoing findings, the Planning Commission hereby approves Zoning Case No. 921, request for Variances for construction of a 474 square foot infinity pool and spa, partially located in the rear yard setback, legalizing a 72- square foot as -built chicken coop located in the rear yard setback, legalizing a 144 square foot as -built shed in the side yard setback, legalizing an as -built fire pit in the rear yard setback, and construction of an 39 square foot patio and 29 square foot barbeque in the rear yard setback, along with allowance for keeping chickens within 100 feet from the neighboring residence and within 25 feet of the rear property line, and allowance to increase the amount of disturbed area of the lot from 63.4% to 71.52% (40% maximum allowed) due to grading for the proposed pool and outdoor amenities., subject to the following conditions: A. The Variance approvals shall expire within two years from the effective date of approval as defined in Sections 17.38.070, unless otherwise extended pursuant to the requirements of these sections. B. If any condition of this resolution is violated, the entitlement granted by this resolution shall be suspended and the privileges granted hereunder shall lapse and upon receipt of written notice from the City, all construction work being performed on the subject property shall immediately cease, other than work determined by the City Manager or his/her designee required to cure the violation. The suspension and stop work order will be lifted once the Applicant cures the violation to the satisfaction of the City Manager or his/her designee. In the event that the Applicant disputes the City Manager or his/her designee's determination that a violation exists or disputes how the violation must be cured, the Applicant may request a hearing before the City Council. The hearing shall be scheduled at the next regular meeting of the City Council for which the agenda has not yet been posted, the Applicant shall be provided written notice of the hearing. The stop work order shall remain in effect during the pendency of the hearing. The City Council shall make a determination as to whether a violation Resolution No. 2017-10 3 26 Eastfield Drive • • of this Resolution has occurred. If the Council determines that a violation has not occurred or has been cured by the time of the hearing, the Council will lift the suspension and the stop work order. If the Council determines that a violation has occurred and has not yet been cured, the Council shall provide the Applicant with a deadline to cure the violation; no construction work shall be performed on the property until and unless the violation is cured by the deadline, other than work designated by the Council to accomplish the cure. If the violation is not cured by the deadline, the Council may either extend the deadline at the Applicant's request or schedule a hearing for the revocation of the entitlements granted by this Resolution pursuant to Chapter 17.58 of the Rolling Hills Municipal Code (RHMC). C. All requirements of the Building and Construction Ordinance, the Zoning Ordinance, LA County Building Code and of the zone in which the subject property is located must be complied with unless otherwise set forth in the Permit, or shown otherwise on an approved plan. D. The conditions of approval specified herein shall be printed on the construction plans submitted to the building department for plan check and permitting and shall be available at all time at the construction site. E. The lot shall be developed and maintained in substantial conformance with the site plan on file dated June 14, 2017, except as otherwise provided in these conditions. The working drawings submitted to the Department of Building and Safety for plan check review shall conform to the approved development plan. All conditions of the Variance approvals shall be incorporated into the building permit working drawings and where applicable complied with prior to issuance of a building permit. F. Prior to submittal of final working drawings to the Building and Safety Department for issuance of building permits, the plans for the project shall be submitted to City staff for verification that the final plans are in compliance with the plans approved by the Planning Commission. Building permits may be required for the shed and any other outdoor "as built" structure, if required by Building and Safety. G. A. licensed professional preparing construction plans for this project for Building Department review shall execute a Certificate affirming that the plans conform in all respects to this Resolution approving this project and all of the conditions set forth therein and the City's Building Code and Zoning Ordinance. Further, the person obtaining a building permit for this project shall execute a Certificate of Construction stating that the project will be constructed according to this Resolution and any plans approved therewith. Resolution No. 2017-10 4 26 Eastfield Drive H. Structural lot coverage of the lot shall not exceed 5,522 square feet or 19.27% of the net lot area with allowable deductions, in conformance with lot coverage limitations (20% maximum). The size of the structures shall be measured from the exterior surface of the outside walls. I. The total lot coverage proposed, including structures and flatwork, shall not exceed 9,329 square feet or 32.56%, of the net lot area, in conformance with lot coverage limitations (35% max). J. Grading for this project shall not exceed 1,284 cubic yards total which includes 172 cubic yards of cut, 132 cubic yards of fill and 980 cubic yards of grading for the future stable and corral. An export of dirt for the pool excavation may not exceed 40 cubic yards. The disturbance of the lot shall not exceed 71.52%, including the future stable and corral area. K. A drainage plan, if required by the Building Department shall be prepared and approved by City Staff prior to issuance of a construction permit. Such plan shall be subject to County Code requirements. L. The proposed pool equipment enclosure shall be fully enclosed (with the exception of the roof) along with the service yard, but not be located in the RHCA easement, unless permitted by the RHCA. M. Per LA County Building Code requirements, a pool barrier/fence shall be required. N. With the exception of those areas already permitted by the RHCA under the existing license agreement, perimeter easements and trails, if any, including roadway easements shall remain free and clear of any improvements including, but not be limited to, driveways, fences including construction fences, landscaping, irrigation and drainage devices, except as otherwise approved by the Rolling Hills Community Association. O. 65% of any construction materials must be recycled or diverted from landfills. The hauler of the materials shall obtain City's Construction and Demolition permit prior to start of work. P. During construction, the property owners shall be required to schedule and regulate construction and related traffic noise throughout the day between the hours of 7 AM and 6 PM, Monday through Saturday only, when construction and mechanical equipment noise is permitted, so as not to interfere with the quiet residential environment of the City of Rolling Hills. Resolution No. 2017-10 5 `✓ 26 Eastfield Drive ` • • Q. During construction, all parking shall take place on the project site and, if necessary, any overflow parking shall take place within nearby unimproved roadway easement adjacent to subject site. There shall be no blocking of adjacent driveways or of the roadway easement for passage of pedestrians and equestrians. During construction a flagmen shall be present to direct traffic when it is anticipated that a lane may be impeded. During construction, to the maximum extent feasible, employees of the contractor shall be encouraged to car-pool to and from the City. R. The property owner shall at all times maintain the pool equipment within the proposed enclosure such that it does not create any undue noise disturbances or visual impacts to neighbors. Sound attenuating equipment shall be installed to dampen the sound. The pool equipment shall utilize the most quiet and technologically advanced equipment to dampen the sound. S. The property owners shall be required to conform with the Regional Water Quality Control Board and County Public Works Department Best Management Practices (BMP's) requirements related to solid waste, drainage and storm water drainage facilities management. T. Any proposed modifications of the project after approval of the application will be subject to Section 17.38.065 of the Rolling Hills Municipal Code. U. The applicant shall execute an Affidavit of Acceptance of all conditions of this permit pursuant to Zoning Ordinance, or the approval shall not be effective. V. The existing driveway is proposed to be removed and replaced with a pervious surface as illustrated in the plans submitted on June 14, 2017. The project cannot be finaled without this change made to the existing driveway because lot coverages will be over the allowable limit under the zone without the modified surface. PASSED, APPROVED AND ADOPTED THIS 18th DAY OF JULY 2017. BRAD CHELF, CHAIRMAN ATTEST: HEIDI LUCE, CITY CLERK Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in Section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure Section 1094.6. Resolution No. 2017-10 6 26 Eastfield Drive STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS) I certify that the foregoing Resolution No. 2017-10 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF VARIANCES TO RETAIN A CHICKEN COOP IN THE REAR YARD SETBACK, RETAIN A SHED IN THE SIDE SETBACK, RETAIN AN AS -BUILT FIRE PIT, TO EXCEED THE PREVIOUSLY APPROVED LOT DISTURBANCE, CONSTRUCT A NEW SWIMMING POOL AND SPA AND TO CONSTRUCT VARIOUS OUTDOOR AMENITIES, IN ZONING CASE NO. 921, AT 26 EASTFIELD DRIVE (LOT 86- A-EF) ROLLING HILLS, CA, (CLINTON). was approved and adopted at a regular meeting of the Planning Commission on July 18, 2017 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices. CITY CLERK Resolution No. 2017-10 7 26 Eastfield Drive ge-gf Ra&w., qt.& INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No. 7A Mtg. Date: 06-20-17 TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: JULIA STEWART, ASSISTANT PLANNER THROUGH: YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: ZONING CASE NO. 921 26 EASTFIELD DRIVE (LOT 86-A-EF) RAS-1, 0.83 ACRES (EXCL. ROADWAY EASEMENT) KYLE AND JENNIFER CLINTON ART ALANIZ/STEPHANIE OBERC, THE SEED GROUP JUNE 9, 2017 PROTECT DESCRIPTION AND BACKGROUND Field Visit and Recommendation The Planning Commission visited the site earlier in the morning and held a public hearing in the field. It is recommended that the Planning Commission continue the public hearing and provide direction to staff. The Project The applicant is proposing backyard amenities which includes construction of a new 474 square foot swimming pool/spa, 493 square foot pool deck, 30 square foot pool equipment area, 29 square foot barbeque and 83 square foot residential patio, legalize an existing 72 square foot chicken coop, 144 square foot metal shed and approximately 20 square foot fire pit, construct new planters and stairs with adequate set aside for a future stable and corral. Variances All elements of new construction submitted by the applicant are located within the rear yard setback. Thus, a variance is needed to allow for all of these proposed project features. The proposed chicken coop is an existing structure that has never been ZC NO. 921 26 Eastfield Drive 1 •. • legalized. It is located within setbacks and distances that require a variance. The metal shed was approved by the Rolling Hills Community Association in 2014 but was never reviewed by the City. The proposed improvements on the subject property will increase the amount of disturbed area from 63.4% to 71.52% (it is noteworthy that the existing disturbance already exceeded allowable limits), was initially going to exceed the total allowed lot coverage with 39.38% but has now reduced lot coverage to 33.44% (35% maximum), and will exceed the maximum residential building pad coverage with 52.04% with allowable deductions (30% guideline maximum). BACKGROUND Zoning and Land Size The property is zoned RAS-1 and the lot area excluding the roadway easement is 0.83 acres. For development purposes the net lot area of the lot is 28,650 square feet or 0.66 acres. The property size is an existing non -conforming condition as it is less than one acre in size even when considering the gross square footage of the site. The smaller lot size is a likely contributor to the improvements located in setbacks and overall disturbance for the proposed project. Past Property Approval The subject property is currently improved with a 3,146 square foot residence and 504 square foot garage with a rear patio. An addition of 422 square feet has already been approved and will be added to the existing garage for a total of 926 square feet of garage space. There is also an existing metal shed on the property which was previously permitted by the Rolling Hills Community Association. Animal Keeping The applicant is seeking to legalize an existing non -permitted 72 square foot chicken coop located within 100 feet from the neighboring residence and inside the 25 foot rear and side setbacks. Municipal Code Section 6.32.020 Fowls and rabbits - Limitations states "...no person shall keep, chickens...within twenty-five feet of any property line or within one hundred feet of any dwelling house or structure used as a dwelling house, other than a dwelling house or structure occupied by said person." The coop is approximately 52 feet from the nearest residence, less than 10 feet from the rear property line, and just within 25 feet of the side property line. Thus, variances are required in order to permit the existing chicken coop in its current location. MUNICIPAL CODE COMPLIANCE Grading The total combined grading for this project will consist of 2,072 cubic yards of overall cut and fill. Construction activities will include grading of 662 cubic yards of cut, 622 cubic yards of fill, 394 cubic yards of over -excavation and 394 cubic yards of recompaction. Grading on the site will be balanced. These calculations include the stable set aside area. ZC No. 921 26 Eastfield Drive 2 .l Disturbance 20,490 square feet of the lot is proposed to be disturbed or 71.52%. Currently the existing disturbed area is 18,160 square feet or 63.4%. The existing disturbed area of the lot already exceeds the maximum allowable 40%. The lot is undersized which contributes, in part, to the exceedance of maximum lot disturbance. The applicant is seeking a variance for lot disturbance. Lot Coverage The property is a substandard sized lot and the size is considered an existing nonconforming condition. This means that the RAS-1 zone requires a minimum of 1 gross acre of land and the 0.66 acres of developable land on thesubject property falls extremely short of this zoning standard. This has impacted some of the coverages associated with the lot. The applicant made changes to the originally proposed project to help address the existing nonconforming condition. For example, large portions of the existing imperviously paved driveway are being replaced with pervious paving thereby reducing the amount of flatwork on the site and reducing the overall lot coverage to levels acceptable under the code. The existing total lot coverage (structural and flatwork) on the property is 9,329 or 32.56%. The total lot coverage now proposed is 9,581 square feet overall or 33.44% (with deductions) (35% max. permitted). The structural coverage of the lot is 5,522 square feet or 19.27% (20% max. permitted). The applicant was originally seeking a variance to the structural and overall lot coverages but now no longer needs a variance for coverage because of these revisions. Stable and Corral Set Aside The applicant proposes a 450 square foot stable and 550 square foot corral set aside area. Stable access would be located along the bridal trail on the southerly side of the property. The identified location satisfies all the requirements for stable and corral set asides and establishes the appropriate distance to the residence for horse keeping purposes. Additionally, the structural and lot coverage for the stable is included in the currently proposed project calculations. Utility Lines If electrical service is provided to the entertainment areas, it will be a requirement that utility lines be placed underground. Rolling Hills Community Association Review Rolling Hills Community Association will review this project at a later date. Planning Commission Responsibilities When reviewing a development application, the Planning Commission must consider whether the proposed project meets the criteria for a Site Plan Review and Variance, as attached below. ZC No. 921 26 Eastfield Drive 3 • i Environmental Review The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA) under Class 3, Section 15303. 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. CRITERIA FOR VARIANCES ZC No. 921 26 Eastfield Drive 4 • • 17.38.050 Required findings. In granting a variance, the Commission (and Council on appeal) must make the following findings: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; D. That in granting the variance, the spirit and intent of this title will be observed; E. That the variance does not grant special privilege to the applicant; F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and G. That the variance request is consistent with the general plan of the City of Rolling Hills. SOURCE: City of Rolling Hills Zoning Ordinance ZC No. 921 26 Eastfield Drive 5