Loading...
652, Addition of a study (250 S.F.), Resolutions & Approval Conditions• RESOLUTION NO. 2003-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A MODIFICATION TO PLANNING COMMISSION RESOLUTION NO. 2002-14 AND APPROVING AN EXTENSION TO PREVIOUSLY APPROVED REQUEST FOR A SITE PLAN REVIEW TO CONSTRUCT SUBSTANTIAL ADDITIONS AND A POOL HOUSE; GRANTING A VARIANCE REQUEST FOR ENCROACHMENT OF THE ADDITIONS INTO THE SIDE AND FRONT YARD SETBACKS; GRANTING A VARIANCE REQUEST FOR ENCROACHMENT OF RETAINING WALLS INTO THE SIDE YARD SETBACKS; AND GRANTING A CONDITIONAL USE PERMIT TO CONSTRUCT A POOL HOUSE AT AN EXISTING SINGLE-FAMILY RESIDENCE IN ZONING CASE NO. 652 AT 63 CREST ROAD EAST, LOT 70-B-2-MS (RITTER/ARMOUR). THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. A request has been filed by Mr. Don Thursby, Architect, on behalf of Ms. Nina Ritter with respect to real property located at 63 Crest Road East, Rolling Hills, requesting an extension to previously approved Site Plan, Variances and Conditional Use Permit to construct additions and a pool house. Section 2. The Commission considered this item at a meeting on October 21, 2003, at which time information was presented indicating that additional time is needed to process the development application. Section 3. Based upon information and evidence submitted, the Planning Commission does hereby amend Paragraph A, Section 14 of Resolution No. 2002-14, dated September 17, 2002, to read as follows: " A. The Site Plan Review, Variances, and Conditional Use Permit approvals shall expire within two years from the effective date of approval as defined in Sections 17.38.070(A), 17.42.070(A), and 17.46.080(A) unless otherwise extended pursuant to the requirements of those sections.." Section 4. Except as herein amended, the provisions of Resolution No. 2002-14 shall continue to be in full force and effect. • • PASSED, APPROVED AND ADOPTED THIS 21st DAY OF OCTOBER 2003. AMVEL WITTE, CHAIRMAN ATTEST: h n� MARILYN RERN, DEPUTY CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS I certify that the foregoing Resolution No. 2003-23 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A MODIFICATION TO PLANNING COMMISSION RESOLUTION NO. 2002-14 AND APPROVING AN EXTENSION TO PREVIOUSLY APPROVED REQUEST FOR A SITE PLAN REVIEW TO CONSTRUCT SUBSTANTIAL ADDITIONS AND A POOL HOUSE; GRANTING A VARIANCE REQUEST FOR ENCROACHMENT OF THE ADDITIONS INTO THE SIDE AND FRONT YARD SETBACKS; GRANTING A VARIANCE REQUEST FOR ENCROACHMENT OF RETAINING WALLS INTO THE SIDE YARD SETBACKS; AND GRANTING A CONDITIONAL USE PERMIT TO CONSTRUCT A POOL HOUSE AT AN EXISTING SINGLE-FAMILY RESIDENCE IN ZONING CASE NO. 652 AT 63 CREST ROAD EAST, LOT 70-B-2-MS (RITTER/ARMOUR). was approved and adopted at a regular meeting of the Planning Commission on October 21, 2003 by the following roll call vote: AYES: Commissioners DeRoy, Hankins, Margeta, Sommer and Chairman Witte. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices nc\kU DEPUTY ITY CLERK RESOLUTION NO. 2002-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A SITE PLAN REVIEW REQUEST TO CONSTRUCT SUBSTANTIAL ADDITIONS AND A POOL HOUSE; GRANTING A VARIANCE REQUEST FOR ENCROACHMENT OF THE ADDITIONS INTO THE SIDE AND FRONT YARD SETBACKS; GRANTING A VARIANCE REQUEST FOR ENCROACHMENT OF RETAINING WALLS INTO THE SIDE YARD SETBACKS; AND GRANTING A CONDITIONAL USE PERMIT TO CONSTRUCT A POOL HOUSE AT AN EXISTING SINGLE-FAMILY RESIDENCE IN ZONING CASE NO. 652 AT 63 CREST ROAD EAST, LOT 70-B-2-MS (RITTER/ARMOUR). THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: •0 Section 1. Applications were duly filed by Mrs. Ritter and Mr. Armour with respect to real property located at 63 Crest Road East, Rolling Hills (Lot 70-B-2- MS) requesting a site plan review request to construct a 1,522 square foot addition with a 626 square foot garage, a 1,397 square foot basement and a 389 square foot pool house; a variance request for encroachment of the additions into the side and front yard setbacks; a variance request for encroachment of retaining walls into the side yard setbacks; and a request for conditional use permit to construct a pool house. Section 2. The Planning Commission conducted duly noticed public hearings to consider the applications on July 16, 2001 and August 20, 2002, and at a field trip visit on August 5, 2002. The applicants were notified of the public hearings in writing by first class mail. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. The applicants were in attendance at the hearings. Section 3. The property is developed with a two-story house consisting of 3,959 square feet on the ground level and 1,050 square feet on the second level, a 479 square foot garage, 718 square foot pool, 1,771 square foot two story stable -guest house structure, a 6,923 square foot tennis court and a 20,476 square foot riding ring. A 3,814 square foot driveway access to 67 Crest Road is located on the eastern portion of the lot. Section 4. The two-story house and stable/guest house were completed in 1956. Earlier research, records and a 1993 City Attorney's opinion indicate that the two story structures are legal non -conforming, due to the fact that they were built prior to the City's adoption of its first Zoning Ordinance in 1960. Building Permit records show that these structures were built with permits. A plot plan of the property approved by the Association in 1955 shows a two story dwelling unit. Prior Reso. 2002-14 ZC No. 652 1 to 1960, the Los Angeles County regulations allowed two story structures in Rolling Hills. Section 5. The Planning Commission finds that the project qualifies as a Class 4 Exemption (State of CA Guidelines, Section 15304 - Minor Land Alteration) and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 6. Section 17.46.030 requires a development plan to be submitted for site plan review and approval before any development requiring a grading permit or any building or structure may be constructed or any expansion, addition, alteration or repair to existing buildings may be made which involve changes to grading or an increase to the size of the building or structure by at least 1,000 square feet and has the effect of increasing the size of the building by more than twenty-five percent (25%) in any thirty-six (36) month period. With respect to the Site Plan Review application requesting additions and construction of a pool house at an existing single family residence, the Planning Commission makes the following findings of fact: A. The proposed development is compatible with the General Plan, the Zoning Ordinance and surrounding uses 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 project conforms to Zoning Code setback requirements with the Variance approved in Section 8, of this Resolution. The lot has a net area of 227,411 square feet. The size of the existing and proposed structures will be 16,093 square feet, which constitutes 7.1% of the net lot area, which is within the maximum 20% structural lot coverage permitted. The total lot coverage including paved areas and driveways will be 31,234 square feet which 'equals 13.7% of the net lot, which is within the 35% maximum overall lot coverage permitted. The proposed project is screened from the road so as to reduce the visual impact of the development. B. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. The topography of the lot, and the location of the riding ring, which was partially responsible for the placement of the existing residence and subsequent additions, and the adjacent uses, buildings, and structures have been considered, and the addition of 1,522 square feet to the existing residence, the walls and the pool house will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures because the proposed construction will be constructed on an existing building pad, will be the least intrusive to surrounding properties, will be screened and landscaped with mature trees and shrubs, is a sufficient distance from nearby residences so that it will not impact the view or privacy of surrounding neighbors, will improve slope stability through the use of approved drainage, will accommodate recreation for the owners and their children, and will permit the owners to enjoy their property without deleterious infringement on the rights of surrounding property owners. C. The proposed development, as conditioned, is harmonious in scale and mass with the site, and is consistent with the scale of the neighborhood when Reso. 2002-14 ZC No. 652 2 compared to properties in the vicinity. The proposed additions will follow the pattern and style of the original residence. The bulk of the proposed project is built into the existing slope to minimize its impact and eliminate the need to create a new building pad. The development of the site is predicated by the placement of the existing riding ring and its subsequent development. D. The development plan incorporates existing trees and native vegetation to the maximum extent feasible. Specifically, the development plan will supplement the existing vegetation with landscaping that is compatible with and enhances the rural character of the community. E. The development plan substantially preserves the natural and undeveloped state of the lot by minimizing building coverage because the new structures will not cause the lot to look overdeveloped. The layout of the proposed additions were designed to minimize lot coverage. Significant portions of the lot will be left undeveloped so as to maintain scenic vistas across the property. The proposed 389 square foot pool house will be tucked into an existing hillside and will not be visible from the residential building pad or the street. The development plans as proposed will minimize impact on Crest Road. The proposed additions and the pool house will not be visible from Crest Road. F. The development plan 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. G. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles because the proposed project will not change the existing circulation pattern and will utilize an existing driveway. H. The project is exempt from the requirements of the California Environmental Quality Act Section 7. Based upon the foregoing findings and the evidence in the record, the Planning Commission hereby approves the Site Plan Review application for Zoning Case No. 652 for proposed structures as shown on the Development Plan dated July 11, 2002 and marked Exhibit A, subject to the conditions contained in Section 14 of this Resolution. Section 8. Section 17.16.210(A)(2) of the Rolling Hills Municipal Code permits approval of a pool house under certain conditions, provided a Conditional Use Permit for such use is approved by the Planning Commission. The applicants are requesting to construct a 389 square foot pool house. Such pool house will be located between the upper and lower building pad and will be built into the hill side. With respect to this request for a Conditional Use Permit, the Planning Commission finds as follows: Reso. 2002-14 ZC No. 652 3 A. The granting of a Conditional Use Permit for the construction of a pool house would be consistent with the purposes and objectives of the Zoning Ordinance and General Plan and will be desirable for the public convenience and welfare because the use is consistent with similar uses in the community, and the area proposed for the pool house would be located in an area on the property where such use will not change the existing configuration of structures on the lot. B. The nature, condition, and development of adjacent uses, buildings, and structures have been considered, and the construction of a pool house will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures because the proposed pool house will be recessed into an existing hill side and is of sufficient distance from nearby residences so that the pool house will not impact the view or privacy of surrounding neighbors. C. The project is harmonious in scale and mass with the site, the natural terrain, and surrounding residences because the pool house will comply with the low profile residential development pattern of the community. D. The proposed conditional use complies with all applicable development standards of the zone district because the 389 square foot size of the pool house is permitted under the Municipal Code and the pool house does not encroach into any setback areas. E. The proposed conditional use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities because the project site is not listed on the current State of California Hazardous Waste and Substances Sites List. F. The proposed conditional use observes the spirit and intent of Title 17 of the Zoning Code because it will not be visible from the road or neighboring properties. A stable, corral and a riding ring exist on the property. Section 9. Based upon the foregoing findings and the evidence in the record, the Planning Commission hereby approves a Conditional Use Permit for the construction of a 389 square foot pool house, in accordance with the development plan dated June 5, 2001 and marked Exhibit A in Zoning Case No. 652 subject to the conditions contained in Section 14 of this Resolution. Section 10. Section 17.16.120 requires the side yard setback for every residential parcel in the RA-S-2 Zone to be thirty-five (35) feet, Section 17.16.110 requires that front yard setback be fifty (50) feet from the roadway easement line, and Section 17.16.130 requires that the rear yard setback be fifty (50) feet from the rear property line. The applicant is requesting to construct substantial additions, which will encroach into the front and side yard setbacks. With respect to this request for a Variance, the Planning Commission finds as follows: A. There are exceptional and extraordinary circumstances and conditions applicable to the property that do not apply generally to the other property or class of use in the same zone. The Variance request is to enlarge an existing structure, Reso. 2002-14 ZC No. 652 4 which already encroaches into the front and side yard setbacks. The irregular lot configuration together with the existing development on the lot create a difficulty in constructing additions elsewhere on the property. B. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, but which is denied to the property in question. The Variance is necessary because the existing terrain and development on the lot creates a difficulty in placing any additions elsewhere on the property. The lot is large for the zone in which it is located and the location of the riding ring precludes development in any other area of the lot. The existing house was built into the setbacks and into the slope that descends from Crest Road using retaining walls in front and rear of the structure. The floor of the existing house is 8 feet above the elevation of the riding ring. The proposed additions will minimize the impact on the riding ring. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. The proposed additions will follow along the line of the existing encroachment and will mitigate the necessity for any additional grading or further decreasing the size of the existing riding ring. Section 11. Based upon the foregoing findings and the evidence in the record, the Planning Commission hereby approves the Variance for Zoning Case No. 652 to permit additions to encroach into the front and side yard setbacks, subject to the conditions specified in Section 14 of this Resolution. Section 12. Section 17.16.120 requires the side yard setback for every residential parcel in the RA-S-2 Zone to be thirty-five (35) feet, Section 17.16.110 requires that front yard setback be fifty (50) feet from the roadway easement line, and Section 17.16.130 requires that the rear yard setback be fifty (50) feet from the rear property line. The applicant is requesting to construct two, approximately 100 foot long and an 80 foot long, retaining walls in the west side yard setback, and a 60 foot long retaining wall in the south easterly side yard setback. The existing walls, which encroach into the west side yard setback shall remain. The average height of the proposed walls will be 2'5", but shall not exceed five feet in overall height. With respect to this request for a Variance, the Planning Commission finds as follows: A. There are exceptional and extraordinary circumstances and conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same zone because the lot is irregular in shape and the existing driveway already contains retaining walls. The previously constructed retaining walls are located on a hillside slope at the side of the lot and away from the street and assist in protecting the hillside from damage due to erosion. The future retaining walls are necessary in order to construct the proposed driveway and to obtain access to the new garage. The retaining wall on the southeasterly side is necessary to correct drainage pattern by intercepting storm water runoff and diverting it away from the hill side. These retaining walls are limited in area so as to preserve the safety and integrity of the slopes and leave nearly all of the existing open space of the property unaffected. Reso. 2002-14 ZC No. 652 5 B. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, but which is denied to the property in question. The Variance will permit the development of the property in a manner similar to development patterns on surrounding properties. The location of the building pad and the development pattern of the remaining structures on site, especially the riding ring, dictate that the proposed retaining walls be set in the west and southeasterly side yard areas. C. The granting of the Variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located because the proposed development will improve slope stability through the use of approved drainage, will accommodate recreation for the owners and their children, and will permit the owners to enjoy their property without deleterious infringement on the rights of surrounding property owners. Section 13. Based upon the foregoing findings and the evidence in the record, the Planning Commission hereby approves a Variance for Zoning Case No. 652 to permit the construction of retaining walls that will encroach into the side yard setbacks, as indicated on the development plan dated July 11, 2002, submitted with this application and incorporated herein by reference as Exhibit A, subject to the conditions specified in Section 14 of this Resolution. Section 14. The Site Plan Review approval regarding the substantial additions, grading and construction of the pool house approved in Sections 7 of this Resolution, the Conditional Use Permit regarding the construction of a pool house approved in Section 9, and the Variances regarding the encroachment of the additions and walls approved in Sections 11 and 13 of this Resolution are subject to the following conditions: A. The Site Plan Review, Variances, and Conditional Use Permit approvals shall expire within one year from the effective date of approval as defined in Sections 17.38.070(A), 17.42.070(A), and 17.46.080(A) unless otherwise extended pursuant to the requirements of those sections. B. It is declared and made a condition of the Site Plan Review, Variances, and Conditional Use Permit approvals, that if any conditions thereof are violated, this approval shall be suspended and the privileges granted hereunder shall lapse; provided that the applicants have been given written notice to cease such violation, the opportunity for a hearing has been provided, and if requested, has been held, and thereafter the applicant fails to correct the violation within a period of thirty (30) days from the date of the City's determination. C. All requirements of the Buildings and Construction Ordinance, the Zoning Ordinance, and of the zone in which the subject property is located must be complied with unless otherwise set forth in this Permit, or shown otherwise on an approved plan. Reso. 2002-14 ZC No. 652 6 D. The lot shall be developed and maintained in substantial conformance with the site plan on file marked Exhibit A and dated July 11, 2002, except as otherwise provided in these conditions. E. Structural lot coverage shall not exceed 16,093 square feet or 7.1% in conformance with structural lot coverage limitations. F. Total lot coverage of structures and paved areas shall not exceed 31,234 square feet or 13.7% in conformance with lot coverage limitations. G. The disturbed area of the lot shall not exceed 65,380 square feet or 28.7% in conformance with disturbed area limitations. H. Residential building pad coverage on the 29,928 square foot residential building pad shall not exceed 8,452 square feet or 28.2%; coverage on the existing 8,457 square foot tennis court/pool pad shall not exceed 90.4%. I. The pool house shall not exceed 389 square feet. J• pool house. No kitchen or other cooking facilities shall be provided within the K. Grading shall not exceed 1,100 cubic yards of cut soil and 1,100 cubic yards of fill soil. Grading shall be balanced on site and shall preserve the existing flora to the greatest extent possible. L. The proposed and existing retaining walls incorporated into the project shall be an average of 2 feet 6 inches in height, but may not exceed 5 feet at any one point. M. Remove the existing decomposed granite and A/C paving on the path between the westerly portion of the riding ring and the stable/guest house structure and replace it with grass-crete paving. N. The existing landscaping along Crest Road and along the westerly property line shall be maintained to obscure the house from Crest Road and from neighboring properties, but not to obstruct views of neighboring properties. Landscaping shall include water efficient irrigation, to the maximum extent feasible, that incorporates a low gallonage irrigation system, utilizes automatic controllers, incorporates an irrigation design using "hydrozones," considers slope factors and climate conditions in design, and utilizes means to reduce water waste resulting from runoff and overspray in accordance with Section 17.27.020 (Water. efficient landscaping requirements) of the Rolling Hills Municipal Code. O. Landscaping for the entire project shall be designed using native shrubs and mature trees, which at full maturity shall not exceed the ridge height of the residence, and which will not obstruct views of neighboring properties. Reso. 2002-14 ZC No. 652 7 P. During construction, dust control measures shall be used to stabilize the soil from wind erosion and reduce dust and objectionable odors generated by construction activities in accordance with South Coast Air Quality Management District, Los Angeles County and local ordinances and engineering practices. Q. During construction, conformance with local ordinances and engineering practices so that people or property is not exposed to landslides, mudflows, erosion, or land subsidence shall be required. R. During construction, conformance with the air quality management district requirements, stormwater pollution prevention practices, county and local ordinances and engineering practices so that people or property are not exposed to undue vehicle trips, noise, dust, objectionable odors, landslides, mudflows, erosion, or land subsidence shall be required. S. During construction, the Erosion Control Plan containing the elements set forth in Section 7010 of the 1998 County of Los Angeles Uniform Building Code shall be followed to minimize erosion and to protect slopes and channels to control stormwater pollution as required by the County of Los Angeles. site. T. During and after construction, all parking shall take place on the project U. 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. V. The property owners shall be required to conform to the Regional Water Quality Control.Board and County Health Department requirements for the installation and maintenance of stormwater drainage facilities. W. The property owners shall be required to conform to the Regional Water Quality Control Board and County Public Works Department Best Management Practices (BMP's) related to solid waste and storm water pollution prevention. X. The project must be reviewed and approved by the Rolling Hills Community Association Architectural Review Committee prior to the issuance of any grading or building permits. Y. The working drawings submitted to the County Department of Building and Safety for plan check review shall conform to the development plan described in Condition D. Z. All utility lines shall be placed underground. Reso. 2002-14 ZC No. 652 8 AA. The City's and Association's requirements related to Outdoor Lighting, roofing material and construction and all other requirements shall be complied with. AB. Prior to the submittal of an applicable final grading plan to the County of Los Angeles for plan check, a detailed grading and drainage plan with related geology, soils and hydrology reports that conform to the development plan as approved by the Planning Commission must be submitted to the Rolling Hills Planning Department staff for their review. Cut and fill slopes must conform to the City of Rolling Hills standard of 2 to 1 slope ratio. AC. The applicants shall execute an Affidavit of Acceptance of all conditions of the Variances, Conditional Use Permit and Site Plan Review approvals, pursuant to Section 17.38.060, or the approval shall not be effective. AD. All conditions, when applicable, of the Variances, Conditional Use Permit and Site Plan Review approvals must be complied with prior to the issuance of a grading or building permit from the County of Los Angeles. PASSED, APPROVED AND ADOPTED THIS 17th DAY OF SEPTEMBER 2002. .b' �f.2 /L EVIE HANKINS, CHAIRWOMAN ATTEST: MARILYN K`RN, DEPUTY CITY CLERK Reso. 2002-14 ZC No. 652 9 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS) I certify that the foregoing Resolution No. 2002-14 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A SITE PLAN REVIEW REQUEST TO CONSTRUCT SUBSTANTIAL ADDITIONS AND A POOL HOUSE; GRANTING A VARIANCE REQUEST FOR ENCROACHMENT OF THE ADDITIONS INTO THE SIDE AND FRONT YARD SETBACKS; GRANTING A VARIANCE REQUEST FOR ENCROACHMENT OF RETAINING WALLS INTO THE SIDE YARD SETBACKS; AND GRANTING A CONDITIONAL USE PERMIT TO CONSTRUCT A POOL HOUSE AT AN EXISTING SINGLE-FAMILY RESIDENCE IN ZONING CASE NO. 652 AT 63 CREST ROAD EAST, LOT 70-B-2-MS (RITTER/ARMOUR). was approved and adopted at a regular meeting of the Planning Commission on September 17, 2002 by the following roll call vote: AYES: Commissioners Margeta, Sommer, Witte and Chairwoman Hankins. NOES: None. ABSENT: None. ABSTAIN: Commissioner DeRoy and in compliance with the laws of California was posted at the following: Administrative Offices. Reso. 2002-14 ZC No. 652 Kt1/2,,} DEPUTYTY CLERK 10