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888, Construct a pool, walls, light, Staff ReportsTO: FROM: • City • ol,eo 1f.9 J4i14 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377-7288 Agenda Item No.: 6D Mtg. Date: 02,/16/16 HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: ZONING CASE NO. 888 (RESOLUTION NO. 2016- 02) 17 MIDDLERIDGE LANE NORTH (LOT 5-MR) RA-S-1, 1.28 ACRES (GROSS) MR. AND MRS. JOHN POST BOLTON ENGINEERING SEPTEMBER 3, 2015 REQUEST AND RECOMMENDATION 1. The applicants, Mr. and Mrs. John Post request a Site Plan Review for a 1,055 square foot addition with 1,260 square foot basement, varying heights, but not to exceed 5' high retaining walls, 492 square foot swimming pool with a spa, 100 square foot covered porch, 180 square foot trellis; all of which require 1,510 cubic yards of grading (incl. 150 c.y. for future stable and excavation from pool and basement); and Variances to encroach with the entire front addition (395 sq.ft.) into the front 30' setback, with 120 sq.ft. of the 660 sq. foot side addition into the side yard setback, including with the basement below, with 125 sq.ft. new basement proposed under a portion of the existing residence; to encroach with the walls and basement light well into the side setback; to exceed .the 2.5'required average height of retaining walls and to exceed the maximum permitted disturbance of the lot. Additionally, stairs and not to exceed 3' high wall along the stairs will be constructed in the south side yard setback to gain access into the rear of the pool area, construction of which is compliant with the Zoning Ordinance and is allowed in setbacks. The property received a condition with past approvals that any additional construction or grading on the lot be reviewed and approved by the Planning Commission. 2. At the October 20, 2015 Planning Commission meeting, the Planning Commission directed staff to prepare a Resolution approving the project subject to Printed on Recycled Paper • • removal of the stairs and wall from the north easement area and also suggested that the applicant reduce the encroachment of the new addition along the north side of the house to match the footprint of the existing encroachment. 3. The applicants submitted a revised plan complying with the Planning Commission's request to remove the stairs and wall from the north easement area and the encroachment of the new addition along the north side of the house now matches the footprint of the existing encroachment. A " no further development without Planning Commission review" condition is included in the resolution. 4. It is recommended that the Planning Commission review and consider the attached Resolution No. 2016-02 for adoption. 02. • • RESOLUTION NO. 2016-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR A SUBSTANTIAL ADDITION, GRADING, SWIMMING POOL, PORCH, TRELLIS, AND WALLS AND VARIANCES FOR ENCROACHMENT WITH PORTIONS OF THE ADDITIONS, WALLS AND A LIGHTWELL INTO SETBACKS, TO EXCEED THE MAXIMUM PERMITTED DISTURBED AREA OF THE LOT AND TO EXCEED 2.5' AVERAGE HEIGHT OF WALLS IN ZONING CASE NO. 888 AT 17 MIDDLERIDGE LANE NORTH, (LOT 5-MR), IN THE OVERLAY ZONING DISTRICT-OZD-1, (POST). THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application was duly filed by Mr. and Mrs. John Post for a Site Plan Review for a 1,055 square foot addition with 1,260 square foot basement, varying heights, but not to exceed 5' high retaining walls, 492 square foot swimming pool with a spa, 100 square foot covered porch, 180 square foot trellis; 1,510 cubic yards of grading (incl. 150 c.y. for future stable and excavation from the pool and basement); and Variances to encroach with the front addition (395 sq.ft.) into the front 30' setback, with 120 sq.ft. of the 660 sq. foot side addition into the side yard setback, including with the basement below, with 125 sq.ft. basement proposed under a portion of the existing residence; to encroach with the walls and basement light well into the side setbacks; to exceed the 2.5'required average height of retaining walls and to exceed the maximum permitted disturbance of the lot. Additionally, stairs and not to exceed 3' high wall along the stairs will be constructed in the south side yard setback to gain access into the rear of the pool area, construction of which is compliant with the Zoning Ordinance. The property received a condition with past approvals that any additional construction or grading on the lot be reviewed and approved by the Plaruling Commission. Section 2. The Planning Commission conducted duly noticed public hearings to consider the application on September 15, 2015, and at a field trip and at their regular meeting on October 20, 2015, and on January 19, 2016. The applicants were notified of the public hearings in writing by first class mail. Evidence was heard from all persons interested in affecting said proposal and from members of the City staff. The Planning Commission reviewed, analyzed and studied said proposal. The applicants and their representatives were in attendance at the meetings of the Planning Commission. Several neighbors testified in support of the project. Section 3. The property is located in the RAS-1 Overlay Zoning District (OZD-1) of the City. The OZD-1 was established within the RAS-1 Zoning District to ZC No. 888 allow modernization, reconstruction, or enlargement of homes located on unique lots generally characterized by steep terrain, smaller than typical lots in the City, smaller than typical homes in the City, lots that are divided by a road and lots where redevelopment of the existing home is difficult due to setback requirements. Properties in the OZD-1 are allowed a reduced front yard setback for locating primary structures including attached garages to 30' from the roadway easement line. In addition, an existing encroachment of not more than 10' into the side setback may be reconstructed; however, any new construction must comply with the 20' side yard setback requirement. Section 4. The Planning Commission finds that the project qualifies as a Class 3 Exemption, pursuant to Section 15303 of the CEQA (California Environmental Quality Act) Guidelines and is therefore categorically exempt from environmental review. Section 5. Section 17.46.030 of the Zoning Ordinance requires a development plan to be submitted for Site Plan Review and approval before any structure, (with exceptions), may be constructed. Section 17.46.020.A of the Municipal Code requires a Site Plan Review for an addition exceeding 999 square feet, for grading, and walls higher than 3 feet. With respect to the Site Plan Review applications for the improvements subject to the requirements of the above listed Section, the Planning Commission makes the following findings of fact: A. The proposed development is compatible with the General Plan and surrounding uses because the proposed project complies with the General Plan requirement of low profile, low -density residential development with sufficient open space between surrounding structures. The construction of the additions will occur in an area previously graded and disturbed and new earthwork will be confined to creating a larger pad for the construction of the pool and related retaining walls to accommodate the building pad and access thereto. The lot size is adequate to accommodate the new addition and related walls and the pool and not look overdeveloped. B. The development plan substantially preserves the natural and undeveloped state of the lot because minimal grading is required for the pad to construct the swimming pool and related terraced areas and the additions will utilize the existing level area of the lot. Significant portions of the lot will be left undeveloped so as to maintain open space on the property. The nature, condition, and development of adjacent uses, buildings, and structures and the topography of the lot have been considered, and the construction will not adversely affect or be materially detrimental to the adjacent uses, buildings, or structures because the proposed improvements will be constructed on a portion of the lot which is least intrusive to surrounding properties, will be screened and landscaped with shrubs and trees and is of sufficient distance from nearby ZC No. 888 2 ® • • residences so that the proposed project will not impact the view or privacy of surrounding neighbors. C. The proposed development, as conditioned, is harmonious in scale and mass with the site, the natural terrain and surrounding residences. The proposed project is consistent with the scale of homes in the surrounding RA-S-1, OZD-1 similarly zoned neighborhood. The proposed project entails additions to the living area with a basement, a trellis, swimming pool, pool equipment area, and terraced walls, all of which are common improvements throughout the City. The project' site, with the development, will be within the allowed structural coverage (17% proposed, max. permitted 20%) and total coverage of the lot (32% proposed/35% maximum permitted). D. The development plan generally follows natural contours of the site to the maximum extend practicable to accomplish groomed and usable areas of the lot. Natural drainage courses will not be affected by the project. Minimal grading is proposed and therefore existing drainage channels are not anticipated to be impacted. The project construction will not be located in a canyon or on existing slopes that exceed 25%. E. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles because the proposed development will utilize the existing driveway approach. F. The project conforms to the requirements of the California Environmental Quality Act (CEQA) and is exempt pursuant to Section 15303 of the CEQA Guidelines. G. The project preserves much of the existing vegetation including trees and will supplement these elements with drought -tolerant landscaping. A landscaping plan will be filed with the City. Section 6. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code permit approval of a Variance from the standards and requirements of the Zoning Ordinance when exceptional or extraordinary circumstances applicable to the property and not applicable to other similar properties in the same zone prevent the owner from making use of a parcel of property to the same extent enjoyed by similar properties in the same vicinity. A Variance is required from RHMC Sections 17.16.190F and 17.16.060(B) because the project exceeds the allowed maximum average of wall height of 2.5-feet and the walls and basement light well would be located in side yard setback. Additionally, a Variance to Section 17.17.030 is required because it states that every lot in the RAS-1, OZD-1 zone shall have a front setback of not less than 30 feet from the roadway easement and for new construction, 20 feet from the side property line. The applicants request a Variance to construct an 395 square foot addition that would encroach into the front 30' setback; 120 square feet of the 660 square foot addition to ZC No. 888 • • encroach into the side setback, including the basement, and in addition, 125 square feet of the basement proposed under a portion of the existing residence would encroach into the side setback. A Variance to Section 17.060.070B is also required because the maximum disturbed area is not to exceed 40% and this project is proposed to exceed maximum disturbance with 50.41%. With respect to this request for Variances, the Planning Commission finds as follows: A. There are exceptional and extraordinary circumstances and conditions applicable to this property that do not apply generally to the other properties in the same zone. The lots along Middleridge are narrow and are divided by the road, leaving very small building pads for construction. For development purposes the road easement plus additional 10' parallel to the road is deducted from the size of the lot; and for Middleridge Lane properties that condition exists on both sides of the road, leaving a smaller net lot area than lots where the road does not intersect the properties. Therefore the disturbed area of the lot is measured against a smaller portion of the lot. The exceedance of disturbance of the lot will result from future construction of the stable and corral and is not related to the current project. The property is exceptional in that the existing rear slope of the property is very steep, up to 1.5:1 slope, and in order to gain flat area in the rear, retaining walls must be used, as typical grading methods would not work in this condition. Additionally, in order to gain some back yard and to "catch" the steep slope, the terraced walks with planters and retaining walls are necessary. Otherwise a very tall wall would be required. B. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity and zone, but which is denied to the property in question. Strict application of the Zoning Ordinance would deprive the property owner of the right and benefits enjoyed by similarly situated properties in the same zone. The encroachment permits the use of the lot to the extent allowed for other properties with similar lot configurations. The side encroachment will be along the line of the current encroachment of the residence. The property is located in the Overlay District of the City, where it has been determined the lots are difficult to develop due to their configuration, size or steepness, and therefore the front setbacks were reduced and side setback encroachment with existing structures could remain and/or be reconstructed. The new addition along the line of the existing encroachment will not be more intrusive or make the side look overdeveloped than exists. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the properties or improvements in such vicinity and zone in which the property is located. Development in the front setback is in line with some of the other properties along Middleridge Lane North and is in line with the existing ZC No. 888 4 ("-D; • • side setback encroachment. The structural lot coverage and the total impervious lot coverage are within the requirements of the City. The area of additions or pool would not impair views. D. In granting of the Variance the spirit and intent of the Zoning Ordinance will be observed in that the proposed additions, pool and walls to create a patio area will be orderly, attractive and shall protect the rural character of the community. The proposed project will not encroach into potentially future equestrian uses on the property. A suitable stable and corral area exists on the site. E. The Variance request is consistent with the General Plan of the City of Rolling Hills because the proposed structures comply with the General Plan requirement of low profile, low -density residential development with sufficient open space between surrounding structures. The structural lot coverage and the total impervious lot coverage are within the requirements of the City. F. The variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities. Section 7. Based upon the foregoing findings the Planning Commission hereby approves the Site Plan Review and Variance application in Zoning Case No. 888 for a 1,055 square foot addition with a 1,260 square foot basement, varying heights, but not to exceed 5' high retaining walls, 492 square foot swimming pool with spa, 100 square foot covered porch, and trellis; all of which require 1,510 cubic yards of grading; and Variances to encroach with the front addition (395 square feet), into the front 30' setback, with 120 square feet of the 660 square foot new addition and new basement, and 125 square foot basement addition, under the existing residence; to encroach with the walls and basement light well into the side setback; to exceed the 2.5' required average height of the retaining walls and to exceed the maximum permitted disturbance of the lot. Additionally, stairs and not to exceed 3' wall along the stairs will be constructed in the south side yard setback to gain access into the rear of the pool area, construction of which is compliant with the Zoning Ordinance. A. The conditions of approval specified herein shall be printed on all construction plans and shall be available at the construction site at all times. B. The Site Plan Review and Variances approvals shall expire within two years from the effective date of approval if construction pursuant to this approval has not commenced within that time period, as required by Sections 17.46.080(A) and 17.38.070(A) of the Rolling Hills Municipal Code, or the approval granted is otherwise extended pursuant to the requirements of those sections. ZC No. 888 • • C. It is declared and made a condition of the approval, that if any conditions thereof are violated, this approval shall be suspended and the privileges granted hereunder shall lapse; provided that the applicants have been given written notice to cease such violation, the opportunity for a hearing has been provided, and if requested, has been held, and thereafter the applicant fails to correct the violation within a period of thirty (30) days from the date of the City's determination. D. All requirements of the Building and Construction Code, the Zoning Code, and of the zone in which the subject property is located must be complied with, including the Outdoor Lighting Ordinance, unless otherwise set forth in this approval, or shown otherwise on an approved plan. All existing overhead utility lines serving the subject property shall be undergrounded pursuant to Section 17.27.030. E. The lot shall be developed and maintained in substantial conformance with the site plan on file dated February 2nd, 2016. Prior to submittal of final working drawings to the Building and Safety Department for issuance of grading and/or building permits, the plans for the project shall be submitted to City staff for verification that the final plans are in compliance with the plans approved by the Planning Commission. F. The licensed professional preparing construction plans for this project for Building Department review shall execute a Certificate affirming that the plans conform in all respects to this Resolution approving this project and all of the conditions set forth therein and the City's Building Code and Zoning Ordinance. Further, the person obtaining a building and/ or grading permit for this project shall execute a Certificate of Construction stating that the project will be constructed according to this Resolution and any plans approved therewith. G. The project must be reviewed and approved by the Rolling Hills Community Association (RHCA). H. Grading for the project shall not exceed a total of 1,510 cubic yards of cut and fill, which includes future grading for a stable. No grading at this time shall be conducted in the area set aside for a future stable. 585 cubic yards of dirt may be exported from the excavation of the pool and basement. The resulting slopes shall not exceed 2:1 gradient. I. The proposed basement shall not exceed 1,260 square feet and shall meet all requirements of the Los Angeles County Building Code for basements, including exit doors and provision for light and ventilation. ZC No. 888 • • A minimum of four -foot path and/or walkway, which does not have to be paved, shall be provided around the entire perimeter of the structure, including the basement. The basement light well wall shall not be exposed more than 5' above grade. J. Structural lot coverage shall not exceed 6,388 square feet or 17.3% of the net lot area, in conformance with the zoning ordinance limit of 20%. Total lot coverage of structures and paved areas shall not exceed 11,850 square feet, or 32.1 %, which is in conformance with the zoning ordinance limit of 35 %. K. The new infinity pool and spa shall not exceed 492 square feet in total area. The pool equipment shall be screened; if by a solid wall, the wall shall not exceed 4 feet in height at any point from finished grade. Sound attenuating equipment shall be installed to dampen the sound. The swimming pool and the spillway shall utilize the most quiet and technologically advanced equipment to dampen the sound. L. The disturbance of the net lot area shall not exceed 18,623 square feet of surface area or 50.4%. M. Residential building pad coverage on the new 7,920 square foot residential building pad shall not exceed 5,758 square feet or 72.7%, which includes the encroachment into the reduced front yard setback. N. Should 5,000 square feet or, more of existing landscaping be altered or new landscaping introduced, the applicant shall be required to conform to the City of Rolling Hills Water Efficient Landscape Ordinance, Chapter 13.18 of the Municipal Code. O. The applicant shall submit to the City two copies of a landscaping and irrigation plan prior to obtaining grading permit. All backfilled and graded areas as well as the slope between the walls shall be vegetated utilizing to the greatest extent feasible medium to large size native and drought resistant plants. Plants shall be utilized, which are consistent with the rural character of the community and meet the fire department requirements for fire resistant plants. Any trees and shrubs used in the landscaping scheme for this project shall be planted in a way that will not result in a hedge like screening and as not to impair views of neighboring properties but to screen the project site. P. Pursuant to Section 17.17.030, 60% of the remaining front yard area shall be landscaped, as defined in Section 17.12.250 of the Zoning Ordinance and such area shall be shown on the plans as landscaped area. Q. Minimum of 50% of the construction material spoils shall be recycled and diverted. The hauler shall provide the appropriate documentation to the City. ZC No. 888 7( R. There shall be no dumping of any debris, trash, soil spoils, construction materials or any other matter anywhere on the property. Further, perimeter easements and trails, if any, shall remain free and clear of any improvements including, but not be limited to, driveways, fences -including construction fences, grading, stairs, landscaping, irrigation and drainage devices, play equipment, parked vehicles, building materials, debris and equipment, except if permitted by the Rolling Hills Community Association. 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 equipment noise is permitted, so as not to interfere with the quiet residential environment of the City of Rolling Hills. T. During construction, trucks shall not park, queue and/or idle at the project site or in the adjoining right-of-way before or after the permitted hours of operations. To the maximum extent possible, staging of equipment and parking of vehicles during construction shall be on site. U. If required by the City's drainage engineer, the applicant shall submit a detailed drainage plan. This project may be subject to the requirements of the City's Low Impact Development portion of the Storm Water Management and Pollution Control ordinance triggered where 10,000 square feet or more of impervious surface is reconstructed or added and/or the project is deemed hillside development. V. No drainage device may be located in such a manner as to contribute to erosion or in any way affect an easement, trail or adjacent properties. The energy dissipaters, if required, shall be designed in such a manner as to not cross over any equestrian trails or easements. The drainage system(s) shall not discharge water onto a trail, shall incorporate earth tone colors, including in the design of the dissipater and shall be screened from any trail and neighbors views to the maximum extent practicable, without impairing the function of the drainage system. W. The property owners shall be required to conform to the Regional Water Quality Control Board and County Public Works Department requirements for the installation and post construction maintenance of stormwater drainage facilities, and their Best Management Practices (BMP's) related to solid waste and storm water management, including erosion control measures. X. The property owners shall comply with the LA County Public Health Department requirements pertaining to septic sewer systems. ZC No. 888 8 • Y. During construction, conformance with the air quality management district requirements shall be complied with, so that people or property are not exposed to undue vehicle trips, noise, dust, and objectionable odors. Z. The property owner and/or his/her contractor/applicant shall be responsible for compliance with the no -smoking provisions in the Municipal Code. AA. The contractor shall not use tools that could produce a spark, including for clearing and grubbing, during red flag warning conditions. Weather conditions can be found at: http://www.wrh.noaa.gov/lox/main.php?suite=safety&page=hazard_definitions#FIR E. It is the sole responsibility of the property owner and/or his/her contractor to monitor the red flag warning conditions. AB. The property on which the project is located shall contain a stable and corral or a set aside area to provide an area meeting all standards for a stable, corral with access thereto. AC. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills Municipal Code, any modifications to the property or this project, which would constitute additional grading, height or structural development shall require the filing of a new application for approval by the Planning Commission. AD. Until the applicants execute and record an Affidavit of Acceptance of all conditions of this Site Plan Review and Variances approvals, as required by the Municipal Code, the approvals shall not be effective. AE. All conditions of the Site Plan Review and Variance approvals, that apply, shall be complied with prior to the issuance of building permit. PASSED, APPROVED AND ADOPTED THIS 16 DAY OF FEBRUARY 2016. BRAD CHELF, CHAIRMAN ATTEST: HEIDI LUCE, CITY CLERK Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in Section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure Section 1094.6 ZC No. 888 9 • • STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 2016-02 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR A SUBSTANTIAL ADDITION, GRADING, SWIMMING POOL, PORCH, TRELLIS, AND WALLS AND VARIANCES FOR ENCROACHMENT WITH PORTIONS OF THE ADDITIONS, WALLS AND A LIGHTWELL INTO SETBACKS, TO EXCEED THE MAXIMUM PERMITTED DISTURBED AREA OF THE LOT AND TO EXCEED 2.5' AVERAGE HEIGHT OF WALLS IN ZONING CASE NO. 888 AT 17 MIDDLERIDGE LANE NORTH, (LOT 5-MR), IN THE OVERLAY ZONING DISTRICT-OZD-1, (POST). was approved and adopted at a regular meeting of the Planning Commission on February 16, 2016 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices. HEIDI LUCE CITY CLERK ZC No. 888 Zo 1 City Q Ie /ling J41116 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377-7288 Agenda Item No.: 7D Mtg. Date: 1/19/16 TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: BACKGROUND ZONING CASE NO. 888 17 MIDDLERIDGE LANE NORTH (LOT 5-MR) RA-S-1, 1.28 ACRES (GROSS) MR. AND MRS. JOHN POST BOLTON ENGINEERING SEPTEMBER 3, 2015 1. The Planning Commission opened a public hearing in this case at their September 15, 2015 meeting and visited the property on October 20, 2015. 2. At the October 20, 2015 Planning Commission meeting, the Planning Commission directed staff to prepare a Resolution approving the project subject to removal of stairs and wall from the north easement area and also suggested that the applicant reduce the encroachment of the new addition along the north side of the house to follow the footprint of an existing encroachment on that side of the house. 3. The applicants requested continuance of the project so that they can study their options. 4. They have recently submitted a revised plan, showing modifications to the previously requested terraced areas in the rear of the house and eliminating two of the four originally requested retaining walls forming the rear terraces; but are requesting to keep the proposed addition along the north side of the house which projects 2.5 feet beyond an encroachment of the existing house and to keep the retaining wall in the north side yard setback and easement. The wall would allow for a walkway around the north side of the house and the basement light well on the west side of the house to the lower level where a patio and pool are proposed. ZC NO.888 Printed on Recycled Paper • 5. The applicants applied to the RHCA Board for license agreement to be able to locate the retaining wall in question in the easement. The RHCA Board considered this request on January 14, 2016 but will most likely not render a decision until mid to late February. 6. Pursuant to the California Permit Streamlining Act, a decision on this case must be rendered at tonight's meeting and the Resolution adopted within 30-days. (The next Planning Commission meeting is on Feb. 16th, which is 28 days from Jan 19th.). The Planning Commission and the applicant have the following options: • Approve the request subject to the RHCA approval of the encroachment into the easement. If the RHCA approves the encroachment, no other action would be required. If they deny the encroachment, the applicant could submit a revised plan to staff, without the encroachment. Staff would then be able to approve it as a minor modification to the project, providing that it is a lesser project than what the Commission approved. A condition to that effect could be stipulated in the Resolution of approval. • Deny the project, in which case the applicant could not re -apply for the same or similar request within one year of the denial date, (Section 17.30.040). The applicant could also appeal the Planning Commission's decision to the City Council within 30-days of the decision. The fee for the appeal would be 2/3 of the original application fee. • Approve some aspects of the development but not approve others. In this case the applicant would not be able to re -apply for the denied portion of the project for one-year. As in the above scenario, the applicant could appeal to the City Council the entire decision of the Planning Commission or just the part that was denied. • The applicant could withdraw the request; wait for the RHCA decision and then re -apply to the Planning Commission. In this case there wouldn't be a time restriction for re -applying, however the applicant would be required to pay the application fee again. 7. A condition exists on this property from previous discretionary approvals, which requires that the Planning Commission review any development on the property. 8. The property is located in the OZD-1 District (Overlay RAS-1 Zone) and is divided by Middleridge Lane North along 130 foot street frontage. The OZD-1 zoning was established within the RAS-1 district to allow modernization, reconstruction or enlargement of homes located on unique lots generally characterized by steep terrain, smaller than typical lots and smaller than typical homes in the City, lots that are divided by a road and lots where redevelopment is difficult due to setback requirements. ZC NO.888 cD. Properties in the OZD-1 are allowed reduced front yard setback for locating primary structures, including attached garages, of 30' from the roadway easement line, (elsewhere in the City the front yard setback is 50' from the roadway easement line). In addition, if the existing residence encroaches into the side yard setback by no more than 10', the structure may be reconstructed within the same footprint. However, any new addition must comply with the 20' side yard setback requirement. Other requirements of this zone include: only one driveway is permitted and 60% of the front yard area must be landscaped (Chapter 17.17 of the Zoning Ordinance). The gross lot area, including the street is 55,756 square feet, (1.28 acres), of which approximately 22,520 square feet is located on the west side of Middleridge Lane North; 40.3% of the gross lot area. The net lot area for development purposes is 36,943 square feet. 9. The subject property was originally developed with a 2007 square foot residence and 527 square foot garage to up to 30' front yard setback. In 2003, with a modification in 2004 a 1,153 square foot addition was approved with a Variance for encroachment of portion of the addition into the front and side setbacks. In 2007 a variance was granted to allow a trellis, seating wall and a barbeque to be located in the side setback. REQUEST AND MUNICIPAL CODE COMPLIANCE 10. The applicants request as follows: a Site Plan Review for a 1,055 square foot addition to the existing residence, a 1,260 square foot basement, 100 square foot covered porch, 240 square feet attached trellis, grading of 1,510 cubic yards of dirt to construct a 492 square foot pool (including spa and infinity over -flow feature), varying heights, but not to exceed 5' high retaining walls to create terraced areas in the rear of the pool for patios. The grading includes 225 c.y. cut and fill for future stable/corral and 585 cubic yards for basement and pool excavation, of which 460 c.y. would be exported. The request for Variances includes encroachment with the entire front addition (395 sq.ft.) into the front 30' setback and with 190 sq.ft. of the 660 sq. foot side addition into the north side yard setback. A new basement is proposed under a portion of the existing house, of which 125 square feet would encroach into the north side yard setback (in line with existing house encroachment); and 190 square feet of the basement would encroach into the same setback, and be located under the new addition. Further, 46 sq.ft. of the proposed light well would encroach 5.8' into the north side yard setback, and portions of the retaining walls, including the retaining wall in the easement, would also encroach into the north side yard setback. The retaining walls vary in height, but not exceed 5'. However, they do not average out to 2.5' in height, and therefore require a variance. With the future grading for the stable and corral the disturbance of the lot would be 50.4%, which also requires a variance. ZC NO.888 G • 11. Although the property is located in the OZD-1 zone, a Variance is required for the encroachment with the additions, because the front addition of 395 sq.ft. is proposed to encroach between 16' to 19' into the reduced 30' front yard setback; the side addition is proposed to encroach up to 7.8' into the north side yard setback, and the new basement would encroach between 5' and 7.8' into the north side setback, for a total of basement encroachment of 315 square feet. Along the south side of the property, also in the setback, the applicants propose a staircase connecting to the terraced patios below the swimming pool. The wall along the stairs will not exceed 3'in height, which is permitted. Pursuant to the Zoning Ordinance, walls that do not exceed 3' in height are permitted along driveways, stairs and walkways. 12. The terraced patios below the swimming pool have been redesigned to include two up to 5' high retaining walls between the terraces, rather than the previously proposed 3, but lower walls. 13. A 450 square foot future stable and corral location and access thereto was approved with the previous applications and is proposed across from the main residence off of Middleridge Lane North. There exists a flat play area to the east of the proposed location for the stable, which would not need grading or additional disturbance for construction of a stable, except for the access. However, majority of this area is located in the front setback. Therefore, a variance would be required for locating a stable and corral there. If a stable is proposed in the future it would need to go through a CUP review by the Planning Commission and the applicant could decide at that time where to locate the stable and corral. Pursuant to Section 17.16.010 a lot divided by an improved roadway, for development purposes, has two front yard setbacks of 50' from the roadway easement line; one on each side of the road. 14. With the additions and future stable the structural coverage on the net lot would be 6,448 square feet or 17.45% and with the allowed deductions 6,188 square feet or 16.75%, (max permitted 20%). The total lot coverage, structures and hardscape, would be 11,558 square feet or 31.3%, (max. permitted 35%). 15. The residential building pad, outside the 30' front yard setback and with the addition of the flat area behind the pool will be 7,920 square feet and the coverage will be 5,398 square feet or 68.2%, which excludes the allowable deductions of the trellis, barbeque and covered porch, (guideline - 30%). Currently the building pad coverage on the existing 6,530 square foot residential building pad is 58.4%, and was previously approved. The future stable pad would be 1,500 square feet and with a 450 square foot stable the coverage would be 30%. ZC NO.888 • 16. Grading for this project would entail 585 cubic yards excavation of dirt for the basement and pool, of which 460 cubic yards is proposed to be exported. Grading for the future stable is shown as 225 cubic yards total. Additionally, 700 cubic yards of grading, including over excavation and compaction is required for the yard areas and walls, for a total of 1510 cubic yards of cut and fill. 17. The disturbed area of the lot is currently 44.7% and will increase to 50.4%, which requires a variance. The resulting slopes behind the terraced yards will have 2:1 gradient. 18. Responding to the criteria to be satisfied for grant of a Variance, the applicants' representative state in part that the proposed development is consistent with most homes on Middleridge Lane North. The area is zoned OZD-1 because the existing conditions do not conform to the general city zoning. The lots along Middleridge lane are narrow and are divided by the road, leaving very small building pads for construction. The existing rear slope is extremely steep, up to 1.5:1 slope, and means that in order to gain any flat area in the rear, retaining walls must be used, as typical grading method would not work in this condition. In addition, in order to gain some back yard and to "catch" the steep slope, the terraced walks with planters and the retaining walls are necessary. Otherwise a very tall wall would be required. She states that the existing residence already encroaches into the side and front setback and they're proposing to further encroach. Encroaching into setbacks is necessary for any significant improvement of the property. With planters and landscaping, the visual impact of the project will be lessened. The applicants state that there already exists a staircase along the north side of the yard and that they would be relocating it. 19. RHCA review and approval of the project is required. 20. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). 21. The Planning Commission requested information regarding encroachments of other homes along Middleridge Lane N. The applicant submitted information showing that most of the homes along Middleridge Lane N. encroach to up to 30' front yard setback (currently allowed in the OZD-1 district) and several encroach further than the 30' from roadway easement. In addition, many encroach into the side setbacks. Recently, the Planning Commission approved additions in the front and side yard setbacks at 23 Middleridge Lane N. The side addition was approved along an exiting ZC NO. 888 • • encroachment of up to 10'into the side setback and the front addition into the 30' front yard setback. 269 square feet of the addition was approved to encroach 13'-15' further than the allowed 30' front yard setback, and 210 square feet of proposed living area and basement were approved to encroach up to 10' into the side yard setback. Staff was informed that the applicant will not construct all of the addition and has scaled down the project. 22. When reviewing a development application the Planning Commission should consider whether the proposed project is consistent with the City's General Plan; incorporates environmentally and aesthetically sensitive grading practices; preserves existing mature vegetation; is compatible and consistent with the scale, massing and development pattern in the immediate project vicinity; is in keeping with the desired development pattern and character of the City; and otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills. The Planning Commission must also consider the criteria for granting a Site Plan and Variances. ZONING CASE NO. 888 SITE PLAN REVIEW & VARIANCE RA-S- 1 SETBACKS - OZD-1 Front: 30 ft. from rd. easmnt. line Side: 20 ft. from side property line Rear: 50 ft. from rear property line. SPR required for additions, pool, grading and walls; Variance is required for encroachment into setbacks, non- conforming wall height & to exceed max. permitted disturbance GRADING Site Plan Review required if excavation and/or fill or combination thereof that is more than 3 feet in depth and covers more than 2,000 sq. ft.). Must be balanced on -site. STRUCTURAL LOT COVERAGE (20% maximum) TOTAL LOT COVERAGE ZC NO.888 EXISTING SINGLE FAMILY RESIDENCE & GARAGE Residence Garages Pool/spa Pool equip. Stable Attch. Porch - Service yard Trellis BBQ Basement TOTAL N/A 3105 sq.ft. 615 sq.ft. 0 sq.ft. 0 sq.ft. 0 sq.ft. 0 sq.ft. 96 sq.ft. 207 sq.ft. 53 sq.ft. None 4,076 sq.ft. 11.03%; with deductions 10.33 % % 19.7% w/allowances PROPOSED ADDITIONS & POOL; GRADING, RETAINING WALLS Residence Garages Pool/spa Pool equip. Stable -future Attch porch - Service yard Trellis BBQ Attch trellis Basement 4160 sq.ft. 615 sq.ft. 492 sq.ft. 35 sq.ft. 450 sq.ft. 100 sq.ft. 96 sq.ft 207 sq.ft 53 sq.ft. 240 sq.ft. 1260 sq.ft. TOTAL 6,448 sq. ft. Total of 1,510 c.y. of cut and fill, incl. 585 c.y. excavation for basement and pool. 225 c.y. for future stable. 700 c.y. over excavation and compaction for the yard and walls. 17.45% of 36,943 s.f. net lot area; w/allowances 16.75% 31.3% or 11,558 sq.ft. of •City 0/ Rolling -IVA INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377.7288 Agenda Item No.: 4D Mtg. Date: 10/20/15FT TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: ZONING CASE NO. 888 17 MIDDLERIDGE LANE NORTH (LOT 5-MR) RA-S-1, 1.28 ACRES (GROSS) MR. AND MRS. JOHN POST BOLTON ENGINEERING SEPTEMBER 3, 2015 REQUEST AND RECOMMENDATION 1. The Planning Commission opened a public hearing in this case at their September 15, 2015 meeting and. scheduled a field trip to the property on October 20, 2015. The applicants, Mr. and Mrs. John Post request a Site Plan Review for a 1,055 square foot addition with 1,260 square foot basement, varying heights, but not to exceed 5' high retaining walls, 492 square foot swimming pool with a spa, 100 square foot covered porch; all of which require 1,485 cubic yards of grading (incl. 225 c.y. for future stable and excavation from pool and basement); and Variances to encroach with the entire front addition (395 sq.ft.) into the front 30' setback, with 190 sq.ft. of the 660 sq. foot side addition into the side yard setback, including with the basement, with 125 sq.ft. basement proposed under a portion of the existing residence; to encroach with the walls and basement light well into the side setbacks; to exceed the 2.5'requied average height of retaining walls and to exceed the maximum permitted disturbance of the lot. The property received a condition with past approvals that any additional construction or grading on the lot be reviewed and approved by the Planning Commission. Regardless of this condition, the proposed development would require discretionary permit due to the size of the addition, grading and the variances. ZC NO.888 Printed on Recycled Paper • • 2. It is recommended that the Planning Commission review the staff report, view the project in the field, take public testimony and continue the hearing to the evening meeting of the Planning Commission. BACKGROUND 3. The property is located in the OZD-1 District (Overlay RAS-1 Zone) and is divided by Middleridge Lane North along 130 foot street frontage. The OZD-1 zoning was established within the RAS-1 district to allow modernization, reconstruction or enlargement of homes located on unique lots generally characterized by steep terrain, smaller than typical lots and smaller than typical homes in the City, lots that are divided by a road and lots where redevelopment is difficult due to setback requirements. Properties in the OZD-1 are allowed reduced front yard setback for locating primary structures including attached garages of 30' from the roadway easement line, (elsewhere in the City the front yard setback is 50' from the roadway easement line). In addition, if the existing residence encroaches into the side yard setback by no more than 10', a structure may be reconstructed within the same encroachment footprint. However, any new construction must comply with the 20' side yard setback requirement. Other requirements of this zone include: only one driveway is permitted and 60% of the front yard area must be landscaped (Chapter 17.17 of the Zoning Ordinance). The gross lot area, including the street is 55,756 square feet, (1.28 acres), of which approximately 22,520 square feet is located on the west side of Middleridge Lane North; 40.3% of the gross lot area. The net lot area for development purposes is 36,943 square feet. 4. The subject property was originally developed with a 2007 square foot residence and 527 square foot garage to up to 30' front yard setback. In 2003, with a modification in 2004 a 1,153 square foot addition was approved with a Variance for encroachment of portion of the addition into the front and side setbacks. In 2007 a variance wasgranted to allow a trellis, seating wall and a barbeque to be located in the side setback. MUNICIPAL CODE REQUIREMENTS 5. Although the property is located in the OZD-1 zone, a Variance is required for the additions, because the front addition of 395 sq.ft. is proposed to encroach between 16' to 19' into the reduced 30' front yard setback and 190 sq.ft. of the 660 sq.ft. side addition is proposed to encroach up to 7.8' into the north side yard setback. The proposed basement underneath this addition would encroach the same amount into the side setback. 125 square feet of a 600 square foot proposed basement under a ZC NO.888 • • portion of the existing house would also encroach up to 5 feet into the north side yard setback, for a total of basement encroachment of 315 square feet. Additional encroachment in the north side yard setback of 4.5 feet is proposed for stairs to access the lower patio (behind the basement light well). Such stairs will encroach 2.5' into the RHCA side easement, and will require approval from the RHCA. Several up to 5'walls are also proposed along the north side of the house and will encroach into the side yard setback; and 46 sq.ft. of the light well will encroach up to 5.8' into the north side yard setback. Along the south side of the property, the applicants propose several walls between 2- 3' in height along stairs that would encroach into the south side yard setback. These stairs would connect to the terraced walkways behind the pool. A Variance is also requested because the proposed walls would vary in height from 2.5' to 5', but will not meet the requirement that on the average walls must not exceed 2.5' in height. `.'i 6. Additionally, proposed is a 390 square foot infinity swimming pool and 42 square foot spa, a new deck around the pool, a lower patio beyond the pool and terraced areas with planters and walkways. 7. A 450 square foot future stable and corral location and access thereto was approved with the previous applications and is proposed across from the main residence off of Middleridge Lane North. There exists a flat play area to the east of the proposed location for the stable, which would not need grading or additional disturbance for construction of a stable, except for the access. However, majority of this area is located in the front setback. Therefore, a variance would be required for locating a stable and corral there. If a stable is proposed in the future it would need to go through a CUP review by the Planning Commission and the applicant could decide at that time where to locate the stable and corral. Pursuant to Section 17.16.010 a lot divided by an improved roadway for development purposes has two front yard setbacks of 50' from the roadway easement line; one on each side of the road. 8. With the additions and future stable the structural coverage on the net lot would be 5,963 square feet or 16.1% - with allowed deductions, (max permitted 20%). The total lot coverage, structures and hardscape, would be 12,054 square feet or 32.6%, (max. permitted 35%). The residential building pad, outside the 30' front yard setback and with the addition of the flat area behind the pool will be 7,920 square feet and the coverage will be 5,413 square feet or 68.35%, (guideline - 30%). Currently the building pad ZC NO. 888 C� • • coverage on the existing 6,530 square foot residential building pad is 58.4%, and was previously approved. The future stable pad would be 1,500 square feet and with a 450 square foot stable the coverage would be 30%. 9. Grading for this project would entail 585 cubic yards excavation of dirt for the basement and pool, which is proposed to be exported. Grading for the future stable is shown as 225 cubic yards total. Additionally, 675 cubic yards of grading, including over excavation and compaction is required for the yard areas and walls, for a total of 1,485 cubic yards of cut and fill. 10. The disturbed area of the lot is currently 44.7% and will increase to 50.4%, which requires a variance. The resulting slopes behind the terraced yards will have 2:1 gradient. 11. Responding to the criteria to be satisfied for grant of a Variance, the applicants' representative state in part that the proposed development is consistent with most homes on Middleridge Lane North. The area is zoned OZD-1 because the existing conditions do not conform to the general city zoning. The lots along Middleridge lane are narrow and are divided by the road, leaving very small building pads for construction. The existing rear slope is extremely steep, up to 1.5:1 slope, and means that in order to gain any flat area in the rear, retaining walls must be used, as typical grading method would not work in this condition. In addition, in order to gain some back yard and to "catch" the steep slope, the terraced walks with planters and the retaining walls are necessary. Otherwise a very tall wall would be required. She states that the existing residence already encroaches into the side and front setback and they're proposing to further encroach. Encroaching into setbacks is necessary for any significant improvement of the property. With the planters and landscaping, the visual impact of the project will be lessened. The applicants state that there already exists a staircase along the north side of the yard and that they would be relocating it. 12. RHCA review and approval of the project is required. 13. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). 14. The Planning Commission requested information regarding encroachments of other homes along Middleridge Lane N. The applicant submitted information showing that most of the homes along Middleridge Lane N. encroach to up to 30' front yard setback (currently allowed in the OZD-1 district) and many also encroach into side yard setbacks. ZC NO. 888 • • Recently, the Planning Commission approved additions in the front and side yard setbacks at 23 Middleridge Lane N. The side addition was approved along an exiting encroachment of up to 10'into the side setback and the front addition into the 30' front yard setback. 269 square feet of the addition was approved to encroach 13-15' further than the allowed 30' front yard setback, and 210 square feet of living area and basement area were approved to encroach up to 10' into the side yard setback. 15. When reviewing a development application the Planning Commission should consider whether the proposed project is consistent with the City's General Plan; incorporates environmentally and aesthetically sensitive grading practices; preserves existing mature vegetation; is compatible and consistent with the scale, massing and development pattern in the immediate project vicinity; is in keeping with the desired development pattern and character of the City; and otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills. The Planning Commission must also consider the criteria for granting a Site Plan and Variances. ZONING CASE NO. 888 SITE PLAN REVIEW & VARIANCE RA-S- 1 SETBACKS - OZD-1 Front: 30 ft. from rd. easmnt. line Side: 20 ft. from side property line Rear: 50 ft. from rear property line SPR required for additions, pool, grading and walls; Variance is required for encroachment into setbacks, non- conforming wall height & to exceed max. permitted disturbance GRADING Site Plan Review required if excavation and/or fill or combination thereof that is more than 3 feet in depth and covers more than 2,000 sq. ft.). Must be balanced on -site. STRUCTURAL LOT COVERAGE (20% maximum) TOTAL LOT COVERAGE (35% maximum) ZC NO. 888 EXISTING SINGLE FAMILY RESIDENCE & GARAGE Residence Garages Pool/ spa Pool equip. Stable Attch. Porch - Service yard Trellis BBQ Basement TOTAL N/A 3105 sq.ft. 615 sq.ft. 0 sq.ft. 0 sq.ft. 0 sq.ft. 0 sq.ft. 96 sq.ft. 207 sq.ft. 53 sq.ft. None 4,076 sq.ft. 11.03%; with deductions 10.33%% 19.7% w/ allowances PROPOSED ADDITIONS & POOL; GRADING, RETAINING WALLS Residence Garages Pool/spa Pool equip. Stable -future Attch porch - Service yard Trellis BBQ Basement TOTAL 4160 sq.ft. 615 sq.ft. 492 sq.ft. 50 ,sq.ft. 450.sq.ft. 100 sq.ft. 96 sq.ft 207 sq.ft`' '53 -sq.ft. 1260 sq.ft. 6,223 sq. ft. Total of 1,485 cy of cut and fill, incl. 585 cy excavation for basement and pool, to be exported. 225 cy for future stable. 675 cy over excavation and compaction for the yard and walls. 16.84% of 36,943 s.f. net lot area; w/allowances 16.1% 32.6% or 12,054 sq.ft. of 36,943 sq.ft. net lot area; • • BUILDING PAD COVERAGE (30% max. -guideline) Residential Stable -future DISTURBED AREA (40% maximum; any graded building pad area, any remedial grading (temporary disturbance), any graded slopes and building pad areas, and any non -graded area where impervious surfaces exist.) STABLE (min. 450 SQ.FT. & 550 SQ.FT. CORRAL) STABLE ACCESS ROADWAY ACCESS VIEWS PLANTS AND ANIMALS HOMES IN VICINITY: Address 9 Middleridge Ln. N 11 Middleridge Ln. N 15 Middleridge Ln. N 19 Middleridge Ln. N. 21 Middleridge Ln. N. 22 Middleridge Ln. N 23 Middleridge Ln. N. 6,530 sq.ft. pad w/58.4% coverage 1500.sq.ft pad w/30% coverage 44.7% previously disturbed Future 450 sq.ft. and adj. corral From Middleridge N. Existing driveway N/A N/A with allowances 7,920 sq.ft. pad w/ 5,413 sq.ft. or 68.35% coverage 1500.sq.ft pad w/30% coverage 50.4%. proposed - Variance requested Future 450 sq.ft. and corral From Middleridge N. Existing driveway Planning Commission review Planning Commission review Lot size (excl. road easement) House size 49,600 sq.ft. 50,530 sq.ft. 44,000 sq .ft. 49,220 sq.ft. 53,140 sq.ft. 37,030 sq.ft. 42,250 sq.ft. 17 Middleridge Ln. N 49,220 sq.ft. 2,937 sq.ft. 3,960 sq.ft. 3,101 sq.ft. 2,728 sq.ft 3,777 sq. ft 2,257 sq.ft. Approved recently 3,837 sq.ft. 3,105 sq.ft. proposed 4,160 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 ZC NO.888 6 ) 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. SITE PLAN REVIEW CRITERIA 17.46.010 Purpose. The site plan review process is established to provide discretionary review of certain development projects in the City for the purposes of ensuring that the proposed project is consistent with the City's General Plan; incorporates environmentally and aesthetically sensitive grading practices; preserves existing mature vegetation; is compatible and consistent with the scale, massing and development pattern in the immediate project vicinity; and otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills. 17.46.050 Required findings. A. The Commission shall be required to make findings in acting to approve, conditionally approve, or deny a site plan review application. B. No project which requires site plan review approval shall be approved by the Commission, or by the City Council on appeal, unless the following findings can be made: 1. The project complies with and is consistent with the goals and policies of the general plan and all requirements of the zoning ordinance; 2. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. Lot coverage requirements are regarded as maximums, and the actual amount of lot coverage permitted depends upon the existing buildable area of the lot; 3. The project is harmonious in scale and mass with the site, the natural terrain and surrounding residences; 4. The project preserves and integrates into the site design, to the greatest extent possible, existing topographic features of the site, including surrounding native vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls); 5. Grading has been designed to follow natural contours of the site and to minimize the amount of grading required to create the building area; 6. Grading will not modify existing drainage channels nor redirect drainage flow, unless such flow is redirected into an existing drainage course; 7. The project preserves surrounding native vegetation and mature trees and supplements these elements with drought -tolerant landscaping which is compatible with and enhances the rural character of the community, and landscaping provides a buffer or transition area between private and public areas; 8. The project is sensitive and not detrimental to the convenient and safe movement of pedestrians and vehicles; and 9. The project conforms to the requirements of the California Environmental Quality Act. ZC NO.888 • • THIS PAGE INTENTIONALLY LEFT BLANK J ENCROACHMENT EXHIBIT: 17 Middleridge Lane North ADDRESS LEGAL DESCRIPTION MAXIMUM ENCROACHMENT IN SETBACK (FT) 22 MIDDLERIDGE LANE NORTH LOT 1 TRACT 12866 ARCH PROJECTION 23 MIDDLERIDGE LANE NORTH LOT 2 TRACT 12866 NONE 21 MIDDLERIDGE LANE NORTH LOT 3 TRACT 12866 -22.4' 19 MIDDLERIDGE LANE NORTH LOT 4 TRACT 12866 - NONE 17 MIDDLERIDGE LANE NORTH LOT 5 TRACT 12866 PROPOSED 16' FROM RESIDENCE. 21.3' IN STBK 15 MIDDLERIDGE LANE NORTH LOT 6 TRACT 12866 "17.9' 11 MIDDLERIDGE LANE NORTH LOT 7 TRACT 12866 "15.4' 9 MIDDLERIDGE LANE NORTH LOT 8 TRACT 12866 -7.1' 7 MIDDLERIDGE LANE NORTH LOT 9 TRACT 12866 -12.1' 5 MIDDLERIDGE LANE NORTH LOT 10 TRACT 12866 -5.5' 3 MIDDLERIDGE LANE NORTH LOT 11 TRACT 12866 -11.1' 6 MIDDLERIDGE LANE NORTH LOT 12, 13, 14 TRACT 12866 -24.8' INTO 50' SETBACK 1 MIDDLERIDGE LANE NORTH LOT 15 TRACT 12866 -35' INTO 50' SETBACK NOTE: ALL SHOWN ENCROACHMENT DIMENSIONS ARE APPROXIMATE AND TAKEN FROM A GOOGLE EARTH IMAGE. PREVIOUS TOPOGRAPHIC SURVEYS IN THE AREA WERE USED TO CONFIRM THREE LOCATIONS ON MIDDLERIDGE LANE NORTH HOWEVER ARCHITECTURAL OVERHANGS COULD VARY THE ENCROACHMENT DIMENSION. Prepared by: Bolton Engineering Corp October 14, 2015 .041,47 ErErtf OCT 15 2W5 City of Rolling Hills By TO: • • City al /eo//in, INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377-7288 Agenda Item No.: 8A Mtg. Date: 9/15/15 HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: ZONING CASE NO. 888 17 MIDDLERIDGE LANE NORTH (LOT 5-MR) RA-S-1, 1.28 ACRES (GROSS) MR. AND MRS. JOHN POST BOLTON ENGINEERING SEPTEMBER 3, 2015 REQUEST AND RECOMMENDATION 1. The applicants, Mr. and Mrs. John Post request a Site Plan Review for a 1,055 square foot addition with 1,260 square foot basement, varying heights, but not to exceed 5' high retaining walls, 492 square foot swimming pool with a spa, 100 square foot covered porch; all of which require 1,485 cubic yards of grading (incl. 225 c.y. for future stable and excavation from pool and basement); and Variances to encroach with the entire front addition (395 sq.ft.) into the front 30' setback, with 190 sq.ft. of the 660 sq. foot side addition into the side yard setback, including with the basement, with 125 sq.ft. basement proposed under a portion of the existing residence; to encroach with the walls and basement light well into the side setbacks; to exceed the 2.5'requied average height of retaining walls and to exceed the maximum permitted disturbance of the lot. The property received a condition with past approvals that any additional construction or grading on the lot be reviewed and approved by the Planning Commission. Regardless of this condition, the proposed development would require discretionary permit due to the size of the addition, grading and the variances. 2. It is recommended that the Planning Commission review the staff report, open the public hearing, take public testimony and schedule a field trip to the property. ZC NO.888 Printed on Recycled Paper • • BACKGROUND 3. The property is located in the OZD-1 District (Overlay RAS-1 Zone) and is divided by Middleridge Lane North along 130 foot street frontage. The OZD-1 zoning was established within the RAS-1 district to allow modernization, reconstruction or enlargement of homes located on unique lots generally characterized by steep terrain, smaller than typical lots and smaller than typical homes in the City, lots that are divided by a road and lots where redevelopment is difficult due to setback requirements. Properties in the OZD-1 are allowed reduced front yard setback for locating primary structures including attached garages of 30' from the roadway easement line, (elsewhere in the City the front yard setback is 50' from the roadway easement line). In addition, if the existing residence encroaches into the side yard setback by no more than 10', a structure may be reconstructed within the same encroachment footprint. However, any new construction must comply with the 20' side yard setback requirement. Other requirements of this zone include: only one driveway is permitted and 60% of the front yard area must be landscaped (Chapter 17.17 of the Zoning Ordinance). The gross lot area, including the street is 55,756 square feet, (1.28 acres), of which approximately 22,520 square feet is located on the west side of Middleridge Lane North; 40.3% of the gross lot area. The net lot area for development purposes is 36,943 square feet. 4. The subject property was originally developed with a 2007 square foot residence and 527 square foot garage to up to 30' front yard setback. In 2003, with a modification in 2004 a 1,153 square foot addition was approved with a Variance for encroachment of portion of the addition into the front and side setbacks. In 2007 a variance was granted to allow a trellis, seating wall and a barbeque to be located in the side setback. MUNICIPAL CODE REQUIREMENTS 5. Although the property is located in the OZD-1 zone, a Variance is required for the additions, because the front addition of 395 sq.ft. is proposed to encroach between 16' to 19' into the reduced 30' front yard setback and 190 sq.ft. of the 660 sq.ft. side addition is proposed to encroach up to 7.8' into the north side yard setback. The proposed basement underneath this addition would encroach the same amount into the side setback. 125 square feet of a 600 square foot proposed basement under a portion of the existing house would also encroach up to 5 feet into the north side yard setback, for a total of basement encroachment of 315 square feet. ZC NO.888 4 r Y • • Additional encroachment in the north side yard setback of 4.5 feet is proposed for stairs to access the lower patio (behind the basement light well). Such stairs will encroach 2.5' into the RHCA side easement, and will require approval from the RHCA. Several up to 5'walls are also proposed along the north side of the house and will encroach into the side yard setback; and 46 sq.ft. of the light well will encroach up to 5.8' into the north side yard setback. Along the south side of the property, the applicants propose several walls between 2- 3' in height along stairs that would encroach into the south side yard setback. These stairs would connect to the terraced walkways behind the pool. A Variance is also requested because the proposed walls would vary in height from 2.5' to 5', but will not meet the requirement that on the average walls must not exceed 2.5' in height. 6. Additionally, proposed is a 390 square foot infinity swimming pool and 42 square foot spa, a new deck around the pool, a lower patio beyond the pool and terraced areas with planters and walkways. 7. A 450 square foot future stable and corral location and access thereto was approved with the previous applications and is proposed across from the main residence off of Middleridge Lane North. There exists a flat play area to the east of the proposed location for the stable, which would not need grading or additional disturbance for construction of a stable, except for the access. However, majority of this area is located in the front setback. Therefore, a variance would be required for locating a stable and corral there. If a stable is proposed in the future it would need to go through a CUP review by the Planning Commission and the applicant could decide at that time where to locate the stable and corral. Pursuant to Section 17.16.010 a lot divided by an improved roadway for development purposes has two front yard setbacks of 50' from the roadway easement line; one on each side of the road. 8. With the additions and future stable the structural coverage on the net lot would be 5,963 square feet or 16.1% - with allowed deductions, (max permitted 20%). The total lot coverage, structures and hardscape, would be 12,054 square feet or 32.6%, (max. permitted 35%). The residential building pad, outside the 30' front yard setback and with the addition of the flat area behind the pool will be 7,920 square feet and the coverage will be 5,413 square feet or 68.35%, (guideline - 30%). Currently the building pad coverage on the existing 6,530 square foot residential building pad is 58.4%, and was previously approved. The future stable pad would be 1,500 square feet and with a 450 square foot stable the coverage would be 30%. ZC NO.888 • • 9. Grading for this project would entail 585 cubic yards excavation of dirt for the basement and pool, which is proposed to be exported. Grading for the future stable is shown as 225 cubic yards total. Additionally, 675 cubic yards of grading, including over excavation and compaction is required for the yard areas and walls, for a total of 1,485 cubic yards of cut and fill. 10. The disturbed area of the lot is currently 44.7% and will increase to 50.4%, which requires a variance. The resulting slopes behind the terraced yards will have 2:1 gradient. 11. Responding to the criteria to be satisfied for grant of a Variance, the applicants' representative state in part that the proposed development is consistent with most homes on Middleridge Lane North. The area is zoned OZD-1 because the existing conditions do not conform to the general city zoning. The lots along Middleridge lane are narrow and are divided by the road, leaving very small building pads for construction. The existing rear slope is extremely steep, up to 1.5:1 slope, and means that in order to gain any flat area in the rear, retaining walls must be used, as typical grading method would not work in this condition. In addition, in order to gain some back yard and to "catch" the steep slope, the terraced walks with planters and the retaining walls are necessary. Otherwise a very tall wall would be required. She states that the existing residence already encroaches into the side and front setback and they're proposing to further encroach. Encroaching into setbacks is necessary for any significant improvement of the property. With the planters and landscaping, the visual impact of the project will be lessened. The applicants state that there already exists a staircase along the north side of the yard and that they would be relocating it. 12. RHCA review and approval of the project will be required. 13. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). 14. 14. When reviewing a development application the Planning Commission should consider whether the proposed project is consistent with the City's General Plan; incorporates environmentally and aesthetically sensitive grading practices; preserves existing mature vegetation; is compatible and consistent with the scale, massing and development pattern in the immediate project vicinity; is in keeping with the desired development pattern and character of the City; and otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills. The Planning Commission must also consider the criteria for granting a Site Plan and Variances. ZC NO.888 ZONING CASE NO. 888 SITE PLAN REVIEW & VARIANCE RA-S- 1 SETBACKS - OZD-1 Front: 30 ft. from rd. easrnnt. line Side: 20 ft. from side property line Rear: 50 ft. from rear property line: SPR required for additions, pool, grading and walls; Variance is required for encroachment into setbacks, non- conforming wall height & to exceed max. permitted disturbance GRADING Site Plan Review required if excavation and/or fill or combination thereof that is more than 3 feet in depth and covers more than 2,000 sq. ft.). Must be balanced on -site. STRUCTURAL LOT COVERAGE (20% maximum) TOTAL LOT COVERAGE (35% maximum) BUILDING PAD COVERAGE (30% maximum -guideline) Residential Stable -future DISTURBED AREA (40% maximum; any graded building pad area, any remedial grading (temporary disturbance), any graded slopes and building pad areas, and any non -graded area where impervious surfaces exist.) STABLE (min. 450 SQ.FT. & 550 SQ.FT. CORRAL) STABLE ACCESS ZC NO.888 EXISTING SINGLE FAMILY RESIDENCE & GARAGE Residence Garages Pool/spa Pool equip. Stable Attch. Porch - Service yard Trellis BBQ Basement TOTAL N/A 3105 sq.ft. 615 sq.ft. 0 sq.ft. 0 sq.ft. 0 sq.ft. 0 sq.ft. 96 sq.ft. 207 sq.ft. 53 sq.ft. None 4,076 sq.ft. 11.03%; with deductions 10.33 % % 19.7% w/allowances 6,530 sq.ft. pad w/58.4% coverage 1500.sq.ft pad w/30% coverage 44.7% previously disturbed PROPOSED ADDITIONS & POOL; GRADING, RETAINING WALLS Residence Garages Pool/spa Pool equip. Stable -future Attch porch - Service yard Trellis BBQ Basement 4160 sq.ft. 615 sq.ft. 492 sq.ft. 50 sq.ft. 450 sq.ft. 100 sq.ft. 96 sq.ft 207 sq.ft 53 sq.ft. 1260 sq.ft. TOTAL 6,223 sq. ft. Total of 1,485 cy of cut and fill, incl. 585 cy excavation for basement and pool, to be exported. 225 cy for future stable. 675 cy over excavation and compaction for the yard and walls. 16.84% of 36,943 s.f. net lot area; w/ allowances 16.1% 32.63% or 12,054 sq.ft. of 36,943 sq.ft. net lot area; with allowances 7,920 sq.ft. pad w/ 5,413 sq.ft. or 68.35% coverage 1500.sq.ft pad w/30% coverage 50.4% proposed - Variance requested Future 450 sq.ft. and adj. corral Future 450 sq.ft. and corral From Middleridge N. I From Middleridge N. i • ROADWAY ACCESS VIEWS PLANTS AND ANIMALS HOMES IN VICINITY: Address 9 Middleridge Ln. N 11 Middleridge Ln. N 15 Middleridge Ln. N 19 Middleridge Ln. N. 21 Middleridge Ln. N. 22 Middleridge Ln. N 23 Middleridge Ln. N. 17 Middleridge Ln. N Existing driveway N/A N/A Lot size (excl. 49,600 sq.ft. 50,530 sq.ft. 44,000 sq.ft. 49,220 sq.ft. 53,140 sq.ft. 37,030 sq.ft. 42,250 sq.ft. 49,220 sq.ft. Existing driveway Planning Commission review Planning Commission review road easement) House size 2,937 sq.ft. 3,960 sq.ft. 3,101 sq.ft. 2,728 sq.ft 3,777 sq. ft 2,257 sq.ft. Approved recently 3,837 sq.ft. 3,105 sq.ft. proposed 4,160 VARIANCE REQUIREDFINDINGS 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. 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 ZC NO.888 0 • • scale, massing and development pattern in the immediate project vicinity; and otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills. 17.46.050 Required findings. A. The Commission shall be required to make findings in acting to approve, conditionally approve, or deny a site plan review application. B. No project which requires site plan review approval shall be approved by the Commission, or by the City Council on appeal, unless the following findings can be made: 1. The project complies with and is consistent with the goals and policies of the general plan and all requirements of the zoning ordinance; 2. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. Lot coverage requirements are regarded as maximums, and the actual amount of lot coverage permitted depends upon the existing buildable area of the lot; 3. The project is harmonious in scale and mass with the site, the natural terrain and surrounding residences; 4. The project preserves and integrates into the site design, to the greatest extent possible, existing topographic features of the site, including surrounding native vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls); 5. Grading has been designed to follow natural contours of the site and to minimize the amount of grading required to create the building area; 6. Grading will not modify existing drainage channels nor redirect drainage flow, unless such flow is redirected into an existing drainage course; 7. The project preserves surrounding native vegetation and mature trees and supplements these elements with drought -tolerant landscaping which is compatible with and enhances the rural character of the community, and landscaping provides a buffer or transition area between private and public areas; 8. The project is sensitive and not detrimental to the convenient and safe movement of pedestrians and vehicles; and 9. The project conforms to the requirements of the California Environmental Quality Act. ZC NO.888