882, Redesign pool and surrounding , Resolutions & Approval ConditionsEXHIBIT "A" 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:
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
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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. t4
J. No kitchen or other cooking facilities shall be provided within the
pool house.
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 l/f
shall b ;rage of 2 feet 6 inches in height, but may not exceed 5 feet at any one
•pr
emove the existing decomposed granite and A/C paving on the path
b t -fin lwesterly portion of the riding ring and the stable/guest house structure
ace 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
et`vLk\°6‘ x o lit w aj- _ no -rate
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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.
T. During and after construction, all parking shall take place on the project
site.
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 Depar ent of
Building and Safety for plan check review shall conform to the develo ment plan
described in Condition D.
Z. All utility lines shall be placed underground.
Reso. 2002-14
ZC No. 652
8
The City's and Association's requirements related to Ou
roofing material and construction and all other requirements s 1~l�a?I—ie
comp 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.
n
EVIE HAP4KINS, CHAIRWOMAN
AI LEST:
MARILYN IdERN, DEPUTY CITY CLERK
Reso. 2002-14
ZC No. 652
9
RECORDING REQUESTED BY AND
MAIL TO: 69/1"21--
CITY OF ROLLING HILLS
PLANNING DEPARTMENT
2 PORTUGUESE BEND RD.
ROLLING HILLS, CA 90274
(310) 377-1521
(310) 377-7288 FAX
*20151109921*
T RECORDER'S USE ONLY
THE REGISTRAR -RECORDER'S OFFICE REQUIRES THAT THE FORM BE NOTARIZED BEFORE
RECORDATION.
AFFIDAVIT OF ACCEPTANCE FORM
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
ZONING CASE NO. :+
XX VARIANCE XX SITE PLAN REVIEW (SEE EXHIBIT A ATTACHED)
I (We) the undersigned state
I am (We are) the owner(s) of the real property described as follows:
63 CREST ROAD EAST, ROLLING HILLS, CA 90274 (LOT 70B-2-MS)
This property is the subject of the above numbered case and conditions of approval
I am (We are) aware of, and accept, all the stated conditions in said ZONING CASE NO..86c 81-2__
XX VARIANCE XX SITE PLAN REVIEW
I (We) certi
/.4•14 77`=
Signature f ` ' ' Sign • re
Name typed or printed
(or declare) der the penalty of perjury that the foregoing is true and correct.
Name typed or p 'ted
Address ( rv-e, \-1 r r r )Z. c Address
City/State City/State
SEE EXHIBIT "A"
Signatures must be acknowledged by a notary public.
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
STATE OF ra 1,.-00 . ,
COUNTY OF L
}
}
On Se r4 . , before me, r i •• 4 6 6 L) ►..i,k,yl; a Notary
Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: (. A.) ‘ "i
Name ofNota : 1-,„4 n• Lj,,,r,k�r
Date Commission Expires A„ . I ri >
Commission No. Zr\ -I 3 j 4 f-
ELIZABETH 0. WINOKUR
COPIM. it 2033945 1�
NOTARY •.3uC-CALfFORNIA N
L05 . N ELES COUNTY
MY Couu. EXP. AUG. 15, 2011 I
4.
•
•
E&t.wtr A-
RESOLUTION NO.2015-14
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A SI h PLAN REVIEW FOR
GRADING, SWIMMING POOL WITH A SPA, ABOVE GRADE DECK, AND A
RETAINING WALL; AND VARIANCES TO ENCROACH WITH A PORTION
OF THE POOL, ON GRADE DECK AND RETAINING WALLS INTO THE SIDE
YARD SETBACK, IN ZONING CASE NO. 882 AT 63 CREST ROAD EAST, (LOT
70B-2-MS), (RITTER).
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 Mrs. Nina Ritter with respect to real
property located at 63 Crest Road East, Rolling Hills requesting a Site Plan Review to
construct a 1,540 square foot infinity swimming pool with a spa, reconstruct the existing
pool deck and add 945 square feet of new decking of which 350 square feet would be
above grade and construct not to exceed 4' high retaining wall. The proposed grading for
this project will entail 2,000 cubic yards of dirt (total cut and fill). The cut for the walls will
not exceed 4' and at maximum the deck would be 3'2" above grade. The applicant is also
requesting Variances to encroach with 182 square feet of the pool, portion of the on grade
deck and the retaining walls (one 3' high by 91.5' long and one 4' high by 17' long) into the
side yard setback.
Section 2. In January 2015, the property owner obtained an administrative
approval to reconstruct the existing 718 square foot swimming pool and deck, both within
the exiting footprint. A building permit was issued for this work on January 27, 2015.
During the course of construction the applicant desired to enlarge the pool and deck and
commenced the construction on the expanded project. When notified that the expanded
scope of work requires additional City approvals and building permits, the applicant
stopped all work.
Section 3. The property is zoned RAS-2 and is located along Crest Road E. It
consists of 5.80 acres (exclusive of roadway easements) and is very irregular in shape. The
site is improved with two building pads: one for the main residence, riding ring and
stable, and a second pad is improved with a tennis court, decks and pool, which is subject
of this application. This pad is in a location of the property that is long and narrow. For
development purpose the net lot area of the lot is 227,441 square feet.
Section 4. The Planning Commission conducted duly noticed public hearings on
May 19, and July 7, 2015 including a field visit to the site on May 19. 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
public, City staff and the Planning Commission. The Planning Commission have
ZC No. 882 1
• •
reviewed, analyzed and studied said proposal. The applicants and their representatives
were in attendance at the hearings.
Section 5. The PIanning Commission finds that the project qualifies as a Class 3
Exemption, and is therefore categorically exempt from environmental review under the
California Environmental Quality Act.
Section 6. Structures Site Plan Review. Section 17.46.030 of the Zoning
Ordinance requires a development plan to be submitted for Site Plan Review and
approval before any grading requiring a grading permit or any building or structure may
be constructed. Section 17.16.200G requires a development plan to be submitted for Site
Plan Review for swimming pools exceeding 800 square feet, Section 17.12.040D defines
above grade decks as structures which require a Site Plan Review and Section 17.16.190F
requires a Site Plan review for walls over 3 feet in height. With respect to the Site Plan
Review application for grading and for the improvements 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 requirement of low profile, low -
density residential development with sufficient open space between surrounding
structures. The project conforms with development standard requirements for lot
coverage and disturbance of the Zoning Ordinance. The grading for the improvements is
minor (1,000 cubic yards of cut and 1,000 cubic yards of fill) on a large Iot and it mostly
consists of excavation for the larger pool. The resulting slopes will match the slopes
currently surrounding the outdoor amenities and therefore the lot would not have the
appearance of having unnatural terrain, as all of the grading blend into a natural, existing
looking condition. The cut and fill for the walls do not exceed 4 feet, which is less than the
maximum permitted without a variance. The proposed 4' high retaining wall is only 17'
long and will be screened by landscaping so as to reduce the visual impact of the
development. The swimming pool will be located in an area already developed with decks
and pool and other outdoor amenities and is on a portion of the property away from any
residence and street and will not be visible or obtrusive to neighbors. The 350 square foot
above grade deck will be located below the level of the swimming pool, and no more than
3'2" above the natural grade and will not be visible from any street or neighbors and will
be screened by landscaping.
B. The development plan substantially preserves the natural and undeveloped state of
the lot because the new improvements will not cause the lot to look overdeveloped. The
proposed development will be located on the existing pool -building pad (although
enlarged through the grading). The 4' retaining wall will be terraced to a 3' wall and will
be only 17' in length to avoid the construction of one 7' retaining wall and will therefore
minimize grading to create a larger building pad. Significant portions of the 5.80 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
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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 plants and shrubs, is of
sufficient distance from nearby 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 the neighborhood, as it is on a large lot. As indicated in Paragraph A, the
Iot coverage maximums set forth in the Zoning Code will not be exceeded.
D. The development plan 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. Grading will not modify existing drainage channels nor
redirect drainage flow. The project is not located in a canyon or on existing slopes that
exceed 25%.
E. The project preserves much of the exiting vegetation elsewhere on the lot and will
introduce drought -tolerant landscaping, which is compatible with and enhances the rural
character of the community, and the landscaping will provide a buffer or transition area
between private and public areas. A landscaping plan has been filed with the City.
F. The proposed development is sensitive and not detrimental to the convenience
and safety of circulation for pedestrians and vehicles because the proposed development
will utilize the existing driveway.
G. The project conforms to the requirements of the California Environmental Quality
Act and is exempt.
Section 7. Structures Variances. Sections 17.38.010 through 17.38.050 of the Code
permit approval of a variance in order to grant relief from the standards and requirements
of the Zoning Ordinance when, due to exceptional or extraordinary circumstances
applicable to the subject property and not to other similar properties in the same zone,
strict application of the Code would deny the property owner substantial property rights
enjoyed by other properties in the same vicinity and zone. Sections 17.16.120 require a side
yard setback of 35 feet from the side property line in the RAS-2 zoning district, and Section
17.12.190 requires that the setbacks be unoccupied by any structure, with certain
exceptions, not applicable in this case. The applicants request a Variance to encroach into
the side yard setback to permit the construction of a portion of the pool (182 square foot
encroachment), a portion of the new on grade deck and retaining walls, one 3' high and
one 4' high. With respect to this request for Variances, the Planning Commission finds as
follows:
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A. There are exceptional and extraordinary circumstances and conditions applicable to
the subject property or to the intended accessory structures that do not apply generally to
the other property or class of use in the same zone in that existing outdoor pool and decks
are located on a very narrow portion of the very large and long, making it impossible, due
to insufficient space, to locate the proposed accessory structures such that they would
conform to the setback requirement. In addition, much of the terrain elswhere on the lot,
presents constraints due to sloped conditions, and would require substantial grading. The
proposed pool and decks are integral to outdoor living in the City and there are no other
viable options in locating these amenities without further grading and substantial
disturbance of the lot.
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. The Variance is necessary to allow the property owner
to carry the theme of outdoor living in the side yard. The Commission has considered the
nature, condition, and development of adjacent uses, buildings, and structures, and the
topography of the area in evaluating this finding and determined that the proposed
structures are minor and do not interfee with the openness of the lot.
In addition, the configuration of the lot and location of the existing residence, riding ring
And the stable (in the front of the proeprty) and the pool and decks in the middle of the
Property does not lend itself to construcitng any enlarged ameninty elsewhere on the lot.
The lot is long and narrow zoned RAS-2, which require 35-foot side yard setbacks. Said
setbacks take up a large area of the narrow lot and in order to construct any outdoor
amenities away from the front of the residence, but in the general location of the pool, a
Variance would be required for encroachment into the side setback.
Also, due to the topography and terrain, the retaining walls are necessary to minimize
even further encroachment and the height of the walls are minimal, of which the 3' high
wall could have been approved administratively, if not for the location in the side yard
setback and the 4' high wall would only require a Site Plan Review, if not for the proposed
location.
C. The granting of the requested Variances 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 because proposed accessory structures would not affect any
neighbor's views and property value and would be screened from the street and
neighbors. Development of the pool, deck and the low retaining walls in the side setback
will allow substantial portion of the lot to remain visually open. No one came forth during
the public hearing process against the project and one neighbor testified in support of the
project.
D. In granting the variances, the spirit and intent of the Zoning Ordinance will be
observed. The purpose of the Zoning Ordinance is to regulate development in an orderly
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fashion and in a manner consistent with the goals and policies of the General Plan.
Approval of the variance will not impede any goals of the Zoning Ordinance or the
General Plan. Rather, the variance will allow the property owner to enjoy the same rights
and privileges afforded to other property owners in the vicinity. The requested variance is
not substantial and does not undermine the spirit or intent of the Zoning Ordinance.
E. The variance does not grant special privileges to the applicant. Significant portions
of the lot, which is 5.0 acres in size, will be left undeveloped so as to maintain open space
on the property. The structures will be screened. The nature, condition, and development
of adjacent uses, buildings, and structures and the topography of the Iot have been
considered, and the construction will not adversely affect or be materially detrimental to
the adjacent uses, buildings, or structures because the proposed structures will be
constructed on a portion of the lot which is least intrusive to surrounding properties, will
be screened and landscaped with trees and shrubs, is of sufficient distance from nearby
residences and will substantially utilize the existing relatively flat area for the new
construction.
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 8. Based upon the foregoing findings in Sections, 6 and 7, the Planning
Commission hereby approves the Site Plan Review and Variances application in Zoning
Case No. 882 for grading of 2,000 cubic yards of dirt total, construction of 1,540 square foot
infinity swimming pool with a spa, not to exceed 4' high retaining wall, reconstruct the
existing pool deck and add 945 square feet new decking of which 350 square feet would be
3'2" above grade, plus variances to encroach with 182 square feet of the pool, the on grade
deck and one 91.5' long, 3' high retaining wall and one 17' long 4' high retaining wall into
the side yard setback, as shown on the Site Plan dated April 20, 2015 subject to the
following conditions:
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 PIan Review and Variance 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.
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
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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.
E. The lot shall be developed and maintained in substantial conformance with the site
plan on file dated April 20, 2015. 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 Iicensed 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 RI-ICA.
H. Grading shall not exceed 1,000 cubic yards of cut and 1,000 cubic yards of fill to be
balanced on site. The resulting slopes from the grading activity shall not be steeper than
2:1 in gradient. The disturbance of the net lot shall not exceed 73,306 square feet of surface
area or 32.3%.
I. Structural lot coverage shall not exceed 16,812 square feet, (including the tennis
court and the above grade deck) or 7.4% of the net lot area, in conformance with the
zoning ordinance.
J. Total lot coverage of structures and paved areas shall not exceed 37,925 square feet,
including the driveway or 16.8% in conformance with the zoning ordinance.
K. The proposed retaining walls may not be higher than as shown on the site plan
dated 4/20/15.
L. Prior to finaling the project, the graded slopes shall be landscaped with drought
tolerant plants for erosion control. The applicant shall be required to conform to the City
of Rolling Hills Water Efficient Landscape Ordinance, Chapter 13.18 of the Municipal
Code, and the landscaping shall be reviewed by the City's landscaping consultant. The
applicant shall submit to the City two copies of a landscaping plan and water usage
certification prior to obtaining grading or building permits. Within 90-days of completion
ZC No. 882 6
of the construction of the project, the applicant shall submit a landscaping compliance
certification.
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 configuration and as not to impair
views from neighboring properties but to screen the project site, including the walls.
M. Minimum of 50% of the construction material spoils shall be recycled and diverted
from landfills. The hauler shall obtain a Construction and Demolition permit from the City
and provide proof of recycling.
N. There shall be no discarding of any debris, trash, soil and construction spoils or any
other material into the canyon or deposited anywhere on the property, including
easements. No grading, planting, structures, drainage devices or hardscape, including
driveways, or storage of any objects including building materials shall take place in the
easements, unless approved by the RHCA.
O. 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.
P. During grading and construction operations, 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.
Q. The applicant shall comply with grading requirements relative to submittal of
grading and construction reports as required by the Building Official.
R. If required by the Building Official, the applicant shall submit a detailed drainage
plan to the City's drainage engineer. If applicable, this project shall meet the requirements
of the City's Low Impact Development portion of the Storm Water Management and
Pollution Control ordinance.
S. 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 shall be
designed in such a manner as to not cross over any equestrian trails or easements. The
drainage systems) 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.
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T. The property owners shall be required to conform to the Regional Water Quality
Control Board and County Public Works Department requirements for the installation of
best management practices (BMPs) related to solid waste and storm water management,
including erosion control measures, and post construction maintenance of stormwater
drainage facilities.
U. 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.
V. The property owner and/or his/her contractor/applicant shall be responsible for
compliance with the no -smoking provisions in the Municipal Code.
W. 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/iox/main.phn?suite=safetv&vage=hazard_defi!nitions#FIRE.
It is the sole responsibility of the property owner and/or his/her contractor to monitor
the red flag warning conditions.
X. The existing stable shall be maintained as a stable; or the property shall contain an
area of minimum of 1,000 square feet to provide an area meeting all standards for a stable
(450 square feet) and corral (550 square feet) with access thereto.
Y. 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.
Z. All conditions of the Site Plan and Variances approvals, that apply, shall be
complied with prior to the issuance of grading or building permit.
PASSED, APPROVED AND ADOPT'hD THIS 7th DAY OF JULY 2015.
AEL GRA
NIICH , V IAIRMAN
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. 882 8
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2015-14 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR
GRADING, SWIMMING POOL WITH A SPA, ABOVE GRADE DECK, AND
RETAINING WALL; AND VARIANCES TO ENCROACH WITH A PORTION
OF THE POOL, ON GRADE DECK AND RETAINING WALLS INTO THE SIDE
YARD SETBACK, IN ZONING CASE NO. 882 AT 63 CREST ROAD EAST, (LOT
70B-2-MS), µu 1 i Ex).
was approved and adopted at a regular meeting of the Planning Commission on July 7,
2015 by the following roll call vote:
AYES: Commissioners Cardenas, Smith and Vice Chairman Gray.
NOES: None.
ABSENT: Commissioner Kirkpatrick.
ABSTAIN: Chairman Chelf (recused).
and in compliance with the laws of California was posted at the following:
Administrative Offices.
HEIDI LUCE
CITY CLERK
ZC No. 882
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This is a true and certified copy of the record
If it bears the seal, imprinted In purple ink,
ofthe Registrar-Recorder/County Clerk
SEP 0 9