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882, Redesign pool and surrounding , Staff Reports• • Rail419 qiceei INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item: 4-A Mtg. Date: 7/13/15 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR THRU: RAYMOND R. CRUZ, CITY MANAGER SUBJECT: RESOLUTION NO. 2015-14. 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 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). RECOMMENDATION, REQUEST AND PLANNING COMMISSION ACTION 1. It is recommended that the City Council review this request in Zoning Case No. 882 and receive and file it or provide other direction to staff. 2. The applicant, Mrs. Nina Ritter, demolished an existing 718 square foot pool and adjoini.ng deck andproposes to construct a 1,540 square foot infinity swimming pool with a spa, reconstruct the existing pool deck and add 945 square feet new decking of which 350 square feet would be above grade and construct no to exceed 4' high retaining walls. 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 above grade deck would be 3'2" out of grade. This request requires a Site Plan Review for grading and the construction of the structures, including the out -of -grade deck, and Variances to encroach into the side yard setback with 182 square feet of the pool, the on grade deck and proximity to the edge of the slope where the walls will be constructed. ZC No. 882 63 Crest Road E. 0 • • 3. The Planning Commission at their adjourned meeting on July 7, 2015 by a 3-0 vote adopted the resolution approving this project. Chairman Chelf recused himself from deliberating in this case and Commissioner Kirkpatrick was absent and excused. Resolution No. 2015-14, contains standard findings and facts and conditions including conditions specific to this project as follows: • That the project is subject to the City's Water Efficient Landscape Ordinance (RHMC Chapter 13.18) • That revised plans be submitted to the Building and Safety Department and appropriate permits obtained. During Planning Commission's review no one came forward in opposition to the project and one neighbor came in support of the project. The Planning Commission found that the area where the construction is taking place is in the narrowest part of a very large lot; yet; no other area is feasible for construction of the pool and deck. They also found this area was already developed with similar structures and with the required 35-foot side yard setbacks on this property there is very little area left for the development and any expansion of the previously existing pool and deck would cause an encroachment. This portion of the lot is not visible from the road or other properties and the project will be screened. No objections were received from neighbors. BACKGROUND 4. In January 2015, the property owner obtained an administrative approval to reconstruct the existing swimming pool and deck within the exiting footprint. A building permit was pulled 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 it was brought to the City's attention that grading was being done on the property, staff contacted the owner and the contractor stopped all work. 5. 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 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 and the pool, which is subject of this application. This pad is in a location of the property that is long,and narrow. 6. The project site is currently developed with a 5,368 square foot residence, 500 square foot garage, 1,771 square foot stable, 6,923 square foot tennis court and other associated structures. A large portion of the residence and a portion of the riding ring are located in the front yard setback, but are considered legal non -conforming. ZC NO. 882 63 Crest Rd.E. • • In 2002 a CUP was granted for a 338 square foot cabana in the vicinity of the pool. The cabana was not constructed. MUNICIPAL CODE COMPLIANCE 7. The requested Site Plan Review is required due to the proposed grading, walls and the size of the swimming pool and above grade deck. The encroachment with the pool, deck and walls into the side yard setback requires a Variance. Pursuant to Section 17.16.140B of the Zoning Ordinance uncovered porches may project into side setback no more than 6' and must leave no more than 5' unobstructed space to the edge of the slope for passage. Section 17.16.182 states that setbacks shall be unobstructed by structures, with some exceptions (i.e. driveways, rubble walls, three -rail fences, pilasters, etc.). 8. 182 square feet of the proposed 1,540 square foot pool would encroach at a maximum 3 feet into the side yard setback. The on grade deck encroaches between 0.5' to 16 feet into the side setback and will be at a maximum 10" above the pool grade, but on grade; the rear deck will be at a maximum 3'2" above the natural grade, below the pool level. The infinity edge will face that direction. Several sets of steps will connect the different levels of the decking. A large area of the pool will be very shallow with "beach" like entrance. 9. The net lot area of the lot for development purposes is 227,441 square feet. The proposed structural coverage including the above grade deck would be 16,812 square feet or 7.4% of the net lot area, (with allowed deductions). The total coverage (structures and flatwork) would be 37,925 square feet or 16.8%. 10. The grading, which has already commenced, will be 1,000 cubic yards of cut and 1,000 cubic yards of fill and will be balanced on site. The resulting slope behind the pool will be 2:1 maximum and is required to be planted with drought tolerant plants. A preliminary landscaping plan has been submitted, which will be reviewed by the City's landscaping consultant and the RHCA Landscaping Committee. The disturbed area of the lot is proposed to be 73,306 square feet or 32.3%, (maximum permitted 40%). Currently 28.7% of the lot is disturbed. 11. One retaining wall is proposed to be 91'4" long, located along the side deck and will range from curb to 4 feet in height. One shorter retaining wall - 3' high is proposed west side of the longer wall for a distance of 17'. The applicant proposes to terrace this area to avoid having to request one 7' high wall. 12. The tennis court/pool building pad is 8,457 square feet in area, and will have coverage of 104%, including the above grade deck. Current coverage is 90.4%. ZC NO. 882 63 Crest Rd.E. • • REVIEW CRITERIA AND APPLICANTS' TUSTIFICATION 13. When reviewing a Site Plan Review and Variance development application the Planning Commission considers 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 as well as considers any extraordinary conditions on the property for granting of a variance. The applicants' representative has stated the following justifications for approval: • The overall amount of buildable area and hardscape is minimal and has a minimal impact on such a large lot • The more natural curving lines of the expanded pool follows the natural contours of the adjacent hillside • Soils frorn excavation will be used on adjacent rear slope as to not to disturb or change the existing drainage of the lot • New planting will comply with City's landscaping regulations for low water usage • The structural and total lot coverage will not be exceeded, and the project does not require a Variance for coverage or disturbance • The areaof the existing tennis court and pool is the narrowest portion of the lot, and with the required 35' setback on each side of this narrow portion of the lot, any expansion would encroach into the side setbacks • The project will not negatively affect any property in the area. 14. The Rolling Hills Community Association Architectural Committee willreview this project at a later date. 15. The project is exempt from CEQA (California Environmental Quality Act) requirements. ZC NO. 882 63 Crest Rd.E. • • ZONING CASE NO. 882 SITE PLAN REVIEW RA-S- 2 ZONE SETBACKS Front: 50 ft. from front easmnt. line Side: 35 ft. from side property line Rear: 50 ft. from rear property line SPR required for >800 sq. ft. pool, grading & elevated deck. Variance for encroachment of the pool, walls and decking into the side setback 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 Tennis court/pool 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 SO.FT. CORRAL) STABLE ACCESS ROADWAY ACCESS VIEWS PLANTS AND ANIMALS ZC NO.882 63 Crest Rd.E. Pool/spa Pool equip. Stable Service yard Tennis Ct Water ftr. EXISTING SINGLE FAMILY RESIDENCE, GARAGE, POOL, TENNIS COURT Residence 5368 sq.ft. Garages 500 sq.ft. 718 sq.ft. 120 sq.ft. 1771 sq. ft. 120 sq.ft. 6923 sq.ft. 260 sq.ft. Decks (above 0 grade) TOTAL 15,780 sq.ft. N/A PROPOSED NEW POOL, GRADING, WALLS AND DECKS Residence Garages Pool/spa Pool equip. Stable Service yard Tennis Ct Water ftr. Decks (above grade) TOTAL 16,952 sq. ft. 2,000 c.yds.; cut and fill to be balanced on site 5368 sq.ft. 500 sq.ft. 1540 sq.ft. 120 sq.ft. 1771 sq.ft. 120 sq.ft. 6923 sgq.ft. 260 sq.ft. 350 sq.ft. 6.9 % 7.4% or 16,832 of 227,441 s.f. net lot area (w/deductions) 15.9% 16.8% or 37,945 sq.ft. of 227,441 sq.ft. net lot area 28 % 90.4% 28.7% Existing with a loft Existing riding ring/corral Existing Existing driveway approach N/A N/A 28% (no change) 100.5% 73,206 sq.ft. or 32.2% Existing with a loft Existing riding ring/corral Existing Existing driveway approach Planning Commission review Planning Commission review • • SITE PLAN REVIEW CRITERIA, 1146.010 Purpose. The site plan review process is establishedto 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. 11.46.050 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.882 63 Crest Rd.E. U • • CRITERIA FOR VARIANCES 17.38.050 Required findings. In granting a variance, the Commission (and Council on appeal) must make the following findings: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; D. That in granting the variance, the spirit and intent of this title will be observed; E. That the variance does not grant special privilege to the applicant; F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and G. That the variance request is consistent with the general plan of the City of Rolling Hills. zC NO.882 63 Crest Rd.E. • • THIS PAGE INTENTIONALLY LEFT BLANK ti ger Ref& qe:i4 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item: 6A Mtg. Date: 7-07-15 TO: HONORABLE VICE-CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR SUBJECT: RESOLUTION NO. 2015-14. 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 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). 1. Due to lack of quorum at the June 16, 2015 Planning Commission meeting, the Planning Commission could not consider Resolution No. 2015-14. Attached is the staff report provided to the Commission for the 6/16/15 meeting including the Resolution of approval. Chairman Chelf must recuse himself from deliberating in this case due to proximity of his property to the subject site. Commissioner Cardenas visited and site with staff on June 25, 2015 and is familiar with the case. 2. It is recommended that the Planning Commission review and consider the attached resolutions for adoption. ZC No. 882 63 Crest Road E. r • TO: FROM: APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: NOTICE PUBLISHED: Ra lase, qe • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item: 6A Mtg. Date: 6/16/15 HONORABLE VICE -CHAIRPERSON AND MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR ZONING CASE NO. 882 63 CREST ROAD EAST (Lot 70B-2-MS) RA-2 - 5.80 ACRES (EXCL. ROAD EASEMENT) MRS. NINA RITTER KEVIN COBABE, DYNAMIC POOL AND SPA MAY 7, 2015 REQUEST AND PLANNING COMMISSION ACTION 1. The applicant, Mrs. Nina Ritter, demolished an existing 718 square foot pool and adjoining deck and proposes to construct a 1,540 square foot infinity swimming pool with a spa, reconstruct the existing pool deck and add 945 square feet new decking of which 350 square feet would be above grade and construct no to exceed 4' high retaining walls. 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 above grade deck would be 3'2" out of grade. This request requires a Site Plan Review for grading and the construction of the structures, including the out - of -grade deck, and Variances to encroach with 182 square feet of the pool, the on grade deck and the walls into the side yard setback. 2. The Planning Commission at their May 19, 2015 hearing by a 3-0 vote directed staff to prepare a Resolution of approval of this project with conditions. Chairman Chelf recused himself from deliberating of this case. Resolution No. 2015-14, contains standard findings and facts and conditions including conditions specific to this project as follows: • That the project is subject to the City's Water Efficient Landscape Ordinance (RHMC Chapter 13.18) • That revised plans be submitted to the Building and Safety Department and appropriate permits obtained. 3. It is recommended that the Planning Commission review and consider the attached resolutions for adoption. ZC No. 882 63 Crest Road E. RESOLUTION NO. 2015-14 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 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 • • reviewed, analyzed and studied said proposal. The applicants and their representatives were in attendance at the hearings. Section 5. The Planning 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 lot 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 ZC No. 882 2(J r • • 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 lot 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: ZC No. 882 3 CD" • • 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 ZC No. 882 4 g; • . 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 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 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 Plan 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 ZC No. 882 5 C-1) • • 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 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 RHCA. 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 • • 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 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. ZC No. 882 • a 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/lox/main.php?suite=saf etv&page=hazard_definitions#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 ADOPTED THIS 7th DAY OF JULY 2015. MICHAEL GRAY, VICE-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. 882 8 00 • • 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), (RITTER). was approved and adopted at a regular meeting of the Planning Commission on July 7, 2015 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. 882 • MEMORANDUM TO RECUSE • Agenda Item No: 6-A Mtg. Date: 06/16/15 TO: Honorable Chair and Members of the Planning Commission FROM: Heidi Luce, City Clerk SUBJECT: Zoning Case No. 882 - 63 Crest Road East - Resolution of Approval DATE: June 16, 2015 Due to the proximity of his property to the subject property, Chairman Chelf should recuse himself from consideration of Zoning Case No. 882 at 63 Crest Road East. He may however, take a seat in the audience and participate as a resident. TO: FROM: APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: NOTICE PUBLISHED: aiRai&if gee6 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item: 6A Mtg. Date: 6/16/15 HONORABLE VICE -CHAIRPERSON AND MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR ZONING CASE NO. 882 63 CREST ROAD EAST (Lot 70B-2-MS) RA-2 - 5.80 ACRES (EXCL. ROAD EASEMENT) MRS. NINA RITTER KEVIN COBABE, DYNAMIC POOL AND SPA MAY 7, 2015 REQUEST AND PLANNING COMMISSION ACTION 1. The applicant, Mrs. Nina Ritter, demolished an existing 718 square foot pool and adjoining deck and proposes to construct a 1,540 square foot infinity swimming pool with a spa, reconstruct the existing pool deck and add 945 square feet new decking of which 350 square feet would be above grade and construct no to exceed 4' high retaining walls. 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 above grade deck would be 3'2" out of grade. This request requires a Site Plan Review for grading and the construction of the structures, including the out - of -grade deck, and Variances to encroach with 182 square feet of the pool, the on grade deck and the walls into the side yard setback. 2. The Planning Commission at their May 19, 2015 hearing by a 3-0 vote directed staff to prepare a Resolution of approval of this project with conditions. Chairman Chelf recused himself from deliberating of this case. Resolution No. 2015-14, contains standard findings and facts and conditions including conditions specific to this project as follows: • That the project is subject to the City's Water Efficient Landscape Ordinance (RHMC Chapter 13.18) • That revised plans be submitted to the Building and Safety Department and appropriate permits obtained. 3. It is recommended that the Planning Commission review and consider the attached resolutions for adoption. ZC No. 882 63 Crest Road E. • • THIS PAGE INTENTIONALLY LEFT BLANK • • RESOLUTION NO. 2015-14 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 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 June 16, 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 10 • • reviewed, analyzed and studied said proposal. The applicants and their representatives were in attendance at the hearings. Section 5. The Planning 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 lot 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 ZC No. 882 • . 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 lot 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: ZC No. 882 • 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 ZC No. 882 4 • • 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 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 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 Plan 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 ZC No. 882 5® • • 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 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 RHCA. 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 6it'D' • • 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 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. ZC No. 882 7 • • 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/lox/main.php?suite=safety&page=hazard_definitions#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 ADOPTED THIS 16th DAY OF JUNE 2015. 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. 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), (RITTER). was approved and adopted at a regular meeting of the Planning Commission on June 16, 2015 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. 882 e 9 TO: FROM: APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: NOTICE PUBLISHED: ge-gt a/RI&of qiee4 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item: 4A Field visit Mtg. Date: 5/19/15 HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR ZONING CASE NO. 882 63 CREST ROAD EAST (Lot 70B-2-MS) RA-2 - 5.80 ACRES (EXCL. ROAD EASEMENT) MRS. NINA RITTER KEVIN COBABE, DYNAMIC POOL AND SPA MAY 7,2015 REQUEST AND RECOMMENDATION 1. The applicant, Mrs. Nina Ritter, demolished an existing 718 square foot pool and adjoining deck and proposes to construct a 1,540 square foot infinity swimming pool with a spa, reconstruct the existing pool deck and add 945 square feet new decking of which 350 square feet would be above grade and construct no to exceed 4' high retaining walls. 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. This request requires a Site Plan Review for the construction of the structures and grading and a Variance to encroach with 182 square feet of the pool, the on grade deck and the walls into the side yard setback. 2. It is recommended that the Planning Commission review the staff report, view the project in the field take public testimony and continue the meeting to the evening meeting of the Planning Commission. BACKGROUND 3. In January 2015, the property owner obtained an administrative approval to reconstruct the existing swimming pool and deck, both within the exiting footprint. The RHCA also approved the project. A building permit was pulled for this work on January ZC No. 882 63 Crest Road E. 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 it was brought to the City's attention that grading was being done on the property, staff contacted the owner and the contractor and stopped all work. 4. 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 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 and the pool, which is subject of this application. This pad is in a location of the property that is long and narrow. 5. The project site is currently developed with a 5,368 square foot residence, 500 square foot garage, 1,771 square foot stable, 6,923 square foot tennis court and other associated structures. A large portion of the residence and a portion of the riding ring are located in the front yard setback, but are considered legal non -conforming. In 2002 a CUP was granted for a 338 square foot cabana in the vicinity of the pool. The cabana was not constructed. MUNICIPAL CODE COMPLIANCE 6. The requested Site Plan Review is required due to the proposed grading, walls and the size of the swimming pool and out of grade deck. The encroachment with the pool, deck and walls into the side yard setback requires a Variance. Pursuant to Section 17.16.140B of the Zoning Ordinance uncovered porches may project into side setback no more than 6' and must leave no more than 5' unobstructed space to the edge of the slope for passage. Section 17.16.182 states that setbacks shall be unobstructed by structures, with some exceptions (i.e. driveways, rubble walls, three -rail fences, pilasters, etc.). In this case a Variance is required for the pool encroachment, deck encroachment, as well as for the un-availability of the 5' required area for passage and for the retaining walls. 7. 182 square feet of the proposed 1,540 square foot pool would encroach into the side yard setback. Majority of the deck located in the side setback will be 10" above the pool grade, but on grade; the rear deck will be at a maximum 3'2" above the natural grade, below the pool level. The infinity edge will face that direction. Several sets of steps will connect the different levels of the decking. 8. The net lot area for development purposes is 227,441 square feet. The proposed structural coverage including the above grade deck would be 16,812 square feet or 7.4% of the net lot area, (with allowed deductions). The total coverage (structures and flatwork) would be 37,925 square feet or 16.8%. 9. The grading, which has already started, will be 1,000 cubic yards of cut and 1,000 cubic yards of fill and will be balanced on site. The resulting slope behind the pool will ZC NO. 882 63 Crest Rd.E. be 2:1 maximum and will be required to be planted with drought tolerant plants. A preliminary landscaping plan has been submitted, which will be reviewed by the City's landscaping consultant and the RHCA Landscaping Committee. The disturbed area of the lot is proposed to be 73,306 square feet or 32.3%, (maximum permitted 40%). Currently 28.7% of the lot is disturbed. 10. The retaining wall is proposed to be 91'4" long, located along the side deck and will range from 2-4 feet in height. Two short retaining walls, one 3' high and one 4' high, for a distance of 17', are proposed along the north-west side of the new deck. The applicant proposes to terrace this area to avoid having to request one 7' high wall. 11. The tennis court/pool building pad is 8,457 square feet in area, and will have coverage of 104%, including the above grade deck. Current coverage is 90.4%. REVIEW CRITERIA AND APPLICANTS' TUSTIFICATION 12. When reviewing a Site Plan Review and Variance 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 as well as consider any extraordinary conditions on the property for granting of a variance. The applicants' representative has stated the following justifications for approval: • The overall amount of buildable area and hardscape is minimal and has a minimal impact on such a large lot • The more natural curving lines of the expanded pool follows the natural contours of the adjacent hillside • Soils from excavation will be used on adjacent rear slope as to not to disturb or change the existing drainage of the lot • New planting will comply with City's landscaping regulations for low water usage • The structural and total lot coverage will not be exceeded, and the project does not require a Variance for coverage or disturbance • The area of the existing tennis court and pool is the narrowest portion of the lot, and with the required 35' setback on each side of this narrow portion of the lot, any expansion would encroach into the side setbacks • The project will not negatively affect any property in the area. ZC NO. 882 63 Crest Rd.E. 13. The Rolling Hills Community Association Architectural Committee will review this project at a later date. 14. The project is exempt from CEQA (California Environmental Quality Act) requirements. ZONING CASE NO. 882 SITE PLAN REVIEW RA-S- 2 ZONE SETBACKS Front: 50 ft. from front easmnt. line Side: 35 ft. from side property line Rear: 50 ft. from rear property line SPR required for >800 sq. ft. pool, grading & elevated deck. Variance for encroachment of the pool, walls and decking into the side setback 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 Tennis court/pool 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. ZC NO.882 63 Crest Rd.E. EXISTING SINGLE FAMILY RESIDENCE, GARAGE, POOL, TENNIS COURT Residence 5368 sq.ft. Garages 500 sq.ft. Pool/spa 718 sq.ft. Pool equip. 120 sq.ft. Stable 1771 sq. ft. Service yard 120 sq.ft. Tennis Ct 6923 sq.ft. Water ftr. 260 sq.ft. Decks (above 0 grade) TOTAL 15,780 sq.ft. N/A PROPOSED NEW POOL, GRADING, WALLS AND DECKS Residence 5368 sq.ft. Garages 500 sq.ft. Pool/spa 1540 sq.ft. Pool equip. 120 sq.ft. Stable 1771 sq.ft. Service yard 120 sq.ft. Tennis Ct 6923 sq.ft. Water ftr. 260 sq.ft. Decks (above 350 sq.ft. grade) TOTAL 16,952 sq. ft. 2,000 c.yds.; cut and fill to be balanced on site 6.9 % 7.4% or 16,832 of 227,441 s.f. net lot area (w/ deductions) 15.9% 16.8% or 37,945 sq.ft. of 227,441 sq.ft. net lot area 28% 90.4% 28.7% Existing with a loft 28 % (no change) 100.5% 73,206 sq.ft. or 32.2% Existing with a loft & 550 SQ.FT. CORRAL) STABLE ACCESS ROADWAY ACCESS VIEWS PLANTS AND ANIMALS Existing riding ring/corral Existing Existing driveway approach N/A N/A Existing riding ring/ corral Existing Existing driveway approach Planning Commission review Planning Commission review 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; ZC NO.882 63 Crest Rd.E. • 8. The project is sensitive and not detrimental to the convenient and safe movement of pedestrians and vehicles; and 9. The project conforms to the requirements of the California Environmental Quality Act. CRITERIA FOR VARIANCES 17.38.050 Required findings. In granting a variance, the Commission (and Council on appeal) must make the following findings: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; D. That in granting the variance, the spirit and intent of this title will be observed; E. That the variance does not grant special privilege to the applicant; F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and G. That the variance request is consistent with the general plan of the City of Rolling Hills. ZC NO.882 63 Crest Rd.E.