705, Construct a new pool within th, Resolutions & Approval ConditionsRESOLUTION NO. 2005-21
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE
PLAN REVIEW TO CONSTRUCT A SWIMMING POOL AND A
VARIANCE TO ENCROACH WITH THE SWIMMING POOL
INTO THE REAR SETBACK ON A PROPERTY THAT REQUIRES
PLANNING COMMISSION REVIEW, DUE TO EXISTING
STRUCTURAL DEVELOPMENT RESTRICTION, IN ZONING
CASE NO. 705 AT 20 EASTFIELD DRIVE, (LOT 83-EF), (DYER).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS
DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application has been filed by Mr. and Mrs. Aaron Dyer
with respect to real property located at 20 Eastfield Drive, (Lot 83-EF), Rolling
Hills, requesting a Site Plan Review and a Variance to construct a 960 square foot
swimming pool and spa with 26 square foot pool equipment area, both of which
would be located in the rear setback at a property where construction of a single
family residence was approved in September of 2002 and is currently under
construction.
Section 2. Originally the applicants requested a Site Plan Review for
grading and construction of a 720 square foot swimming pool and an 880 square
foot stable and a Variance to exceed the maximum permitted disturbed area of
the lot. Subsequently, the applicants proposed a 576 square foot swimming pool,
which required less grading than the 720 square foot swimming pool. The
proposed pool was to be located in the side yard below the residence. Later
during the proceedings, the applicants withdrew the application for the
swimming pool and requested approval for the stable only, which was granted
on May 17, 2005. Subsequently, the applicants submitted a new request for the
swimming pool in its current location.
Section 3. In September 2002, the City Council after taking this case
under jurisdiction, approved an application for a 4,458 square foot residence with
a 693 square foot garage and 1,440 square foot basement, which required 1,640
cubic yards of cut and 1,640 cubic yards of fill and a Variance to exceed the
maximum permitted disturbed area of the lot. A 1,000 square foot area for future
stable and corral was set -aside on the lot. The City Council ultimately upheld the
Planning Commission's decision of approval. The residence is currently under
construction.
Section 4The Planning Commission conducted duly noticed public
hearings to consider the request in Zoning Case No. 705 for Variance and Site
Plan Review on May 17, 2005, June 14, 2005 and at a field trip visit on June 14,
2005. The applicants were notified of the hearings in writing by first class mail.
Evidence was heard and presented from all persons interested in said proposal.
The Planning Commission heard a report from the City staff and reviewed,
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analyzed . and studied the proposal. The applicants and the applicants'
representative were in attendance at the hearings.
Section 5. The Planning Commission finds that the project qualifies as
a Class 3 Exemption (The State of CA Guidelines, Section 15303) 'and is therefore
categorically exempt from environmental review under the California
Environmental Quality Act.
Section 6. Pursuant to Section 17.46.040 the Planning Commission may
condition an approval to require site plan review for any future construction on
the property, regardless of whether site plan review would ordinarily be
applicable to such construction. With respect to the Site Plan Review application
due to the restriction placed in Resolution No. 923 granted on September 23, 2002
by the City Council on any future development on subject property 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 pool complies with the General Plan
requirement of low profile, low -density residential development with sufficient
open space between surrounding structures, and equestrian uses. The project
will not require grading nor exceed the disturbed area of the lot, as previously
approved.
B. The project substantially preserves the natural and undeveloped
state of the lot. The proposed pool will be constructed on an existing building
pad. The project is of sufficient distance from nearby residences so that the
swimming pool will not impact the view or privacy of surrounding neighbors,
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. Although the disturbed net lot area exceeds the
maximum permitted, the proposed project is consistent with the scale of the
neighborhood when compared to properties in the vicinity. An 880 square foot
stable was approved and will be built in keeping with City's goals of preserving
equestrian uses.
D. The development plan incorporates existing vegetation to the
maximum extent feasible. The development plan substantially preserves the
natural and undeveloped state of the lot and the project will not cause the lot to
look overdeveloped. Significant portions of the lot will be left undeveloped so as
to maintain open space.
E. 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.
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F. The project is exempt from the requirements of the California
Environmental Quality Act.
Section 7. Sections 17.38.010 through 17.38.050 of the Rolling Hills
Municipal Code permit approval of a Variance from the standards and
requirements of the Zoning Ordinance when exceptional or extraordinary
circumstances applicable to the property and not applicable to other similar
properties in the same zone prevent the owner from making use of a parcel of
property to the same extent enjoyed by similar properties in the same vicinity. A
Variance to Section 17.16.130 is required because it states that every lot in the
RAS-1 zone shall have a rear setback of not less than 50 feet from the rear
property line. The applicant is requesting a Variance to encroach 30 feet into the
required 50-foot rear setback to construct the pool. 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 lot size and configuration, together
with the existing development on the lot creates difficulty in meeting the rear
yard setback Code requirements. The subject lot is located on a corner of two
streets with a 30-foot roadways easement on one side and 15 foot easement on
the other, which substantially reduces the net lot area of the parcel.
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. Strict application of the
Zoning Ordinance would deprive the property owner of the right and benefits
enjoyed by similarly situated properties in the same vicinity and zone. The
encroachment permits the use of the lot to the extent allowed for other properties
in the vicinity. The Variance will permit the development of the property in a
manner similar to development patterns on surrounding properties.
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. Development in the rear yard
will allow the remaining portion of the lot to remain undeveloped; would
minimize grading and would not be visible from neighbors' properties. The
structural lot coverage and the total impervious lot coverage are within the
requirements of the City. Although the applicants previously were granted a
Variance to exceed the lot disturbance (48.6%), the proposed pool will not have
any additional effect on this criteria, as it is proposed to be located on a
previously disturbed area. The residential building pad coverage exceeds the
City's guidelines by 9.7% already. The Building Pad coverage with the proposed
pool and spa will be 41.4%, including a porch.
Section 8. Based upon the foregoing findings, the Planning
Commission hereby approves the Site Plan Review and Variance for Zoning
Case No. 705 to encroach 30 feet into the rear yard setback with a 960 square feet
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swimming pool and a spa and 26 square feet of pool equipment area, subject to
the following conditions:
A. The Site Plan and Variance approvals shall expire within two years
from the effective date of approval if work has not commenced as defined in
Sections 17.38.070(A) and 17.46.080 of the Zoning Ordinance, unless otherwise
extended pursuant to the requirements of these sections.
B. 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 thereunder shall lapse; provided that the City has given the
applicants 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 Building 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 the permit, or shown otherwise on
an approved plan. This shall include, but not be limited to, the requirements of
the Outdoor Lighting Ordinance and landscaping requirements.
D. The lot shall be developed and maintained in substantial
conformance with the site plan on file marked Exhibit A and dated May 6, 2005,
except as otherwise provided in these conditions.
E. Structural lot coverage shall not exceed 7,489 square feet or 16.3%
in conformance with lot coverage limitations.
F. Total lot coverage of structures and paved areas shall not exceed
11,746 square feet or 25.5% in conformance with lot coverage limitations.
G. The disturbed area of the lot shall not exceed 22,320 square feet or
48.6% in conformance with the previously approved Variance.
H. Building pad coverage shall not exceed 39.1% not including the
porch and 41.5% including the porch.
I. There shall be no grading for the proposed swimming pool.
J. Landscaping shall be designed using mature trees and shrubs so as
not to obstruct views from neighboring properties, but to screen the pool on the
lot. If trees are to be incorporated into the landscaping scheme, at maturity they
shall be no higher than the ridge height of the residence.
K. The landscaping plan on file in the Planning Department approved
in conjunction with the approval of the residence in Zoning Case No. 645
includes the pool area and shall be in full force and effect.
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L. Landscaping shall include water efficient irrigation 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.
M. 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.
N. During construction, conformance with local ordinances and
engineering practices so that people or property are not exposed to landslides,
mudflows, erosion, or land subsidence shall be required.
O. 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.
P. During and after construction, all soil preparation, drainage, and
landscape sprinklers shall protect the building pad from erosion and direct
surface water in an approved manner.
Q. During and after construction, all parking shall take place on the project
site and, if necessary, any overflow parking shall take place within nearby
roadway easements.
R. 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.
S. The drainage plan system shall be approved by the Planning
Department and the County Drainage Engineer and shall assure that any water
from any site irrigation systems and all drainage from the site shall be conveyed
in an approved manner and shall remain on the property and not cross over the
roadway easements.
T. 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.
U. 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.
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V. The project shall be reviewed and approved by the Rolling Hills
Community Association Architectural Review Committee prior to the issuance
of any permits.
W. The working drawings submitted to the County Department of
Building and Safety for plan check review shall conform to the development plan
described in Condition D.
X. All conditions of approval in Zoning Case No. 645 and 694 shall be
in full force and effect.
Y. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling
Hills Municipal Code, any modifications to the property, which would
constitute additional structural development or grading, shall require the
filing of a new application for approval by the Planning Commission.
Z. Prior to the submittal of an applicable final building plan to the
County of Los Angeles for plan check, a detailed drainage plan and, if required
by the Los Angeles County Building Department, 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.
AA. The applicants shall execute an Affidavit of Acceptance of all
conditions of this Site Plan and Variance approvals, pursuant to Sections
17.38.060 and 17.46.065 of the Zoning Ordinance, or the approval shall not be
effective.
AB. All conditions of this Site Plan Review and Variance approval,
which apply, must be complied with prior to the issuance of a building permit
from the County of Los Angeles.
PASSED, APPROVED AND ADOPTED THIS 19th DAY OF JULY 2005.
ROQ/ER SO ER, CHAIRMAN
ATTEST:
MARILYN KERN, DEPUTY CITY CLERK
7111-15_1a n.,pr A
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS)
I certify that the foregoing Resolution No. 2005-21 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW TO
CONSTRUCT A SWIMMING POOL AND A VARIANCE TO ENCROACH
WITH THE SWIMMING POOL INTO THE REAR SETBACK ON A PROPERTY
THAT REQUIRES PLANNING COMMISSION REVIEW, DUE TO EXISTING
STRUCTURAL DEVELOPMENT RESTRICTION, IN ZONING CASE NO. 705
AT 20 EASTFIELD DRIVE, (LOT 83-EF), (DYER).
was approved and adopted at a regular meeting of the Planning Commission on
July 19, 2005 by the following roll call vote:
AYES: Commissioners DeRoy, Hankins, Witte and Chairman Sommer.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
DEP TY CITY CLERK
2005-14 Dyer 7