884, Construct various retaining wa, Resolutions & Approval ConditionsRESOLUTION NO. 2015-23
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR AN
ADDITION AND CONSTRUCTION OF A POOL EQUIPMENT ENCLOSURE
ON A PROPERTY WITH RESTRICTED DEVELOPMENT CONDITION;
GRADING FOR A GUEST PARKING AREA AND VARIANCES TO LOCATE
THE EQUIPMENT ENCLOSURE IN THE FRONT YARD AREA OF THE SITE,
TO EXCEED THE MAXIMUM PERMITTED LOT DISTURBANCE, AND . TO
LOCATE A PORTION OF A 3-FOOT HIGH RETAINING WALL WITHIN THE
SIDE YARD SETBACK AT 13 OUTRIDER ROAD, (LOT 94-A-EF), ROLLING
HILLS, CA, (HANG JA YOO).
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 Ms. Hang Ja Yoo with respect to
real property located at 13 Outrider, Rolling Hills, CA requesting a Site Plan Review to
construct a 245 square foot addition to the residence, a 96 square foot pool equipment
area on a property with a restrictive development condition; and for grading of 26
cubic yards of dirt to construct a parking area for 5 guest cars adjacent to the driveway;
and variances to exceed the maximum permitted disturbed area of the lot (51.4%), to
locate the pool equipment in the front yard area of the site and to locate a portion of a
not to exceed 36" high retaining wall in the north side yard setback.
Section 2. The property is zoned RAS-1 and consists of 1.3 acres gross (58,000
sq. ft.) and 42,176 sq. ft. net lot area for development purposes. It is a through lot,
fronting on Outrider Road and Eastfield Drive. The property is characterized by
relatively steep slopes as it rises overall 80 feet between front and rear over a distance
of approximately 320 feet. The building pad and residence are located on a knoll
towards the lot's rear. The property is accessed from Outrider Road via a long, curving
driveway.
Section 3. The property is developed with a 3,007 square foot residence, 400
square foot garage and 553 square foot swimming pool on an 8,267 square foot
building pad area. The existing disturbed area is 45% of the net lot, (40% max.) and
with this proposal, this nonconforming amount of disturbed area would increase by
6.4% to 51.4%. In 2009 the applicants submitted an application to add 629 square feet,
mainly under the existing roofline, which would routinely be approved
administratively. No grading was proposed. However, because, pursuant to the
Zoning Ordinance, any addition requires that a stable/corral be constructed or an area
for a future stable/corral be set -aside on the property, the owner concurrently filed an
application for a Variance to waive the stable and corral requirement due to the
sloping conditions and fact that the residential pad is at the rear, leaving insufficient
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area for a conforming stable and corral without significant grading. The applicant had
no plans to construct a stable, nor wished to grade the natural terrain of the lot to
create a pad for future stable construction. The Planning Commission granted the
Variance, thereby waiving the requirement to set aside an area for future stable and
corral construction (Resolution 2009-04).
A Variance approval, once implemented, runs with the land. The stable set -aside
Variance remains in effect for this proposal.
Section 4. The Planning Commission conducted duly noticed public hearings
to consider the application at a field trip on October 20, 2015 and at regular meetings
on October 20, 2015 and November 17, 2015. The applicant was notified of the public
hearings in writing by first class mail. Evidence was heard and received from all
persons interested in affecting said proposal and from members of the City staff and
the Planning Commission having reviewed, analyzed and studied said proposal. The
applicant's representative was in attendance at the hearings. During the proceedings,
upon recommendation by the Planning Commission, the applicant revised and scaled
down the project.
No neighbors attended the meetings or provided written or oral testimony.
Section 5. The project has been determined to be categorically exempt from
the provisions of the California Environmental Quality Act (CEQA) as a minor
addition to an existing residence pursuant to Section 15301.e of the CEQA Guidelines.
Section 6. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal
Code permit approval of a Variance from the standards and requirements of the
Zoning Ordinance when exceptional or extraordinary circumstances applicable to the
property and not applicable to other similar properties in the same zone prevent the
owner from making use of a parcel of property to the same extent enjoyed by similar
properties in the same vicinity. Section 17.16.150(F) and (G), list permitted projections
and encroachment with walls into setbacks and Section 17.16.120 states that every lot in
the RAS-1 zone shall have a side setback of not less than 20 feet from the side property
line and Section 17.12.250 requires that every lot in the City shall have a front yard area
unoccupied by any structures. The applicant is requesting a Variance to encroach with
a portion of a retaining wall into the side setback and into the front yard area with the
pool equipment. With respect to this request for Variances, the Planning Commission
finds as follows:
A. There are exceptional circumstances and conditions applicable to the
property that do not apply generally to other properties in the same vicinity and zone
because the existing residence occupies the rear portion of the lot, making it
impossible, due to insufficient space in the rear, to locate any improvement in the rear.
The pool equipment is minimal in size (96 square feet) and will be tucked into an
existing slope and screened. In addition, the terrain in the remaining portion of the lot,
presents constraints due to sloped conditions, and would still require a Variance due to
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the exceptionally large "front yard" based on the location of the residence at the rear of
the lot.
The short retaining wall, (ranging from 18" to 36") is required to provide structural
support to a parking pad for 5 cars to be created as an extension to the existing
driveway. The parking area will be entirely behind the front setback, have a permeable
surface and will serve as guest parking for the property.
B. The 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 because due to the existing location of the
house it would be a hardship to locate the pool equipment area or the parking for
guests, which necessitates the short retaining wall, elsewhere on the lot. The expansive
open space in the front yard comfortably supports the uses. The proposed location of
the pool equipment and the retaining wall is the least visually intrusive to the property
and its neighbors.
C. The granting of the Variance would not be materially detrimental to the
public welfare or injurious to the properties or improvements in such vicinity and zone
in which the property is located. The proposed development in the side setback and
from yard of the lot is minimal and up slope from the property line. The area of the
parking pad would not impair views or be obtrusive to neighbors. The retaining wall
along the guest parking area is down slope from the main building pad and is
necessary to support the slope above. The side encroachment resulting from the
retaining wall and pool equipment area is very minor and is not visible from the street
or other residences. The structural lot coverage and the total impervious lot coverage
are within the requirements of the City.
D. In granting of the Variance the spirit and intent of the Zoning Ordinance
will be observed in that the proposed development will be orderly, attractive and will
not interfere with the rural character of the community. The development is very
minimal and will not result in overbuilding on the lot. The Variance granted
previously waiving the requirement for a stable and corral and for disturbed area,
recognizes the difficulty in constructing on the lot.
E. The Variance request is consistent with the General Plan of the City of
Rolling Hills because the structures comply with the General Plan requirement of low
profile, low -density residential development with sufficient open space between
surrounding structures. The structural lot coverage and the total impervious lot
coverage are within the requirements of the City. Although small amount of the
improvements are located in the setback and front yard, they are passive uses and
minor encroachments that will not significantly reduce open space between
surrounding structures.
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Section 7. The applicant seeks a variance from the 40% maximum disturbed
area standard set forth in Section 17.16.070 of the Rolling Hills Municipal Code.
Sections 17.38.010 through 17.38.050 of the Code permit approval of a variance from
the standards and requirements of the Zoning Ordinance when, due to exceptional or
extraordinary circumstances applicable to the property and not applicable 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. Additional findings are also required, as detailed herein. With
respect to this request for a Variance, the Planning Commission finds as follows:
A. There are exceptional and extraordinary circumstances and conditions
applicable to the property or to the intended use that do not apply generally to the
other property or class of use in the same zone. The topographic nature and the
configuration of current development of the subject property are such that any
construction on the property, where grading would not be required, would trigger
additional disturbance. Due to the topography of the lot, the placement of the
residence in the rear of the lot and the long and curved driveway, there is no other
place to provide for additional parking on the lot. Currently, without the proposed
grading, the disturbed area exceeds the maximum permitted at 45.0%, therefore any
development outside the existing disturbed area requires additional grading and/or
disturbance.
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 would be denied to the property in question absent a variance. The lot is
developed with the residence and pool in the rear of the lot and there is no other area
beyond the residence and the pool for the construction of an area for guest parking.
The existing back up area from the garage is inadequate to allow for additional
parking. In order for the applicants to enjoy their property, the Variance to exceed the
maximum permitted disturbed area is necessary. The additional disturbance of the net
lot area that will result from grading for the parking for guests is minimal and will not
result in a structure, therefore keeping the openness of the lot and is in keeping with
City's goals to maintain rural character of the City. The overage is not significant and
the property owner should not be denied the privilege of additional parking on a
difficult lot because the topographic nature of the lot and configuration of the existing
residence makes it infeasible to comply strictly with Section 17.16.170.
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. Significant portions of the lot will be left
undeveloped so as to maintain open space on the property. The proposed project will
be constructed on a portion of the lot which is not intrusive to surrounding properties,
and it is not in the vicinity of the adjacent residence. The parking area will be screened
and landscaped with trees and shrubs from from the street so that the proposed
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construction 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.
D. The nature, condition, and development of adjacent uses, buildings, and
structures and the topography of the lot have been considered, and the construction of
the stable and corral will not adversely affect or be materially detrimental to the
adjacent uses, buildings, or structures because the proposed project will be
constructed on a portion of the lot which is not intrusive to surrounding properties,
will be screened and landscaped with trees and shrubs will be of sufficient distance
from nearby residences and the street so that the proposed construction 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. A minor increase in the overall percentage of disturbed area on the
lot will have no effect on the public welfare or on property or improvements in the
vicinity.
E. In granting the variance, the spirit and intent of the General Plan and the
Zoning Ordinance will be observed. The purpose of the Zoning Ordinance is to regulate
development in an orderly 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 overage requested is not substantial and does not undermine the spirit or
intent of the Zoning Ordinance.
F. The variance does not grant special privileges to the applicant. To the
contrary, absent a variance, the property owner would be deprived of the same rights
and privileges afforded to other property owners in the vicinity. Unique circumstances
applicable to the subject property make it infeasible for the property owner to comply
with Section 17.16.070. The minor overage requested will allow the property owner to
enjoy the same rights and privileges afforded to many other properties in the vicinity
and zone.
G. 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. Section 17.16.040C authorizes the Planning Commission to impose
a condition on a development that any future development on the lot shall require a Site
Plan Review. Such condition was placed on this property in 2009 when the applicant
requested a Variance to waive the stable and corral requirement. In addition a Site Plan
Review is required for the grading for the 1,820 square foot guest parking area in the
amount of 13 cubic yards of cut and 13 cubic yards of fill and to add 245 square feet to
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the residence, which if not for the restrictive condition, would be approved
administratively. With respect to the Site Plan Review application the Planning
Commission finds as follows:
A. The proposed development is compliant with all requirements of the
Zoning Ordinance except as approved herein by Variance, and is compatible with the
General Plan and surrounding uses because the proposed project is consistent with
goals and policies that require low profile, low -density residential development with
sufficient open space between surrounding structures and following strict grading
practices to preserve the community's natural terrain. The addition construction will
occur in an area previously graded and disturbed and under an existing roof, therefore
not causing greater structural coverage or massing. The grading for the parking area is
very minimal at total of 26 cubic yards of dirt that will be balanced on site.
B. The development plan substantially preserves the natural and
undeveloped state of the lot by minimizing building coverage because the project does
not add to building coverage.
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 development in the surrounding RA-S-1 similarly zoned
neighborhood. The addition is under an existing roof not adding to the mas and bulk of
the structure and the resulting residence would not cause the lot to be overbuilt. 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, has been previously
graded and disturbed (the addition) and is very minimal for the guest parking spaces
and is an extension of the existing driveway, and is of sufficient distance from nearby
residences that the proposed project will not impact the view or privacy of neighbors.
D. The development plan generally follows natural contours of the site to the
maximum extend practicable to accomplish a necessary short retaining wall in order to
support the guest parking.
E. Natural drainage courses will not be affected by the project. Very
minimal grading is proposed and therefore existing drainage channels are not
anticipated to be impacted. The project construction will not be located in a canyon or
on existing slopes that exceed 25%.
F. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because no change is
proposed to the existing driveway, which is in compliance with applicable
requirements.
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G. The project conforms to the requirements of the California Environmental
Quality Act because it is categorically exempt.
Section 9. Based upon the foregoing findings, the Planning Commission
hereby approves the Site Plan Review and Variances in Zoning Case No. 884 subject to
the following conditions:
A. The Site Plan and Variances approval 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 17.38.070(A) and 17.46.080
(A) of the Rolling Hills Municipal Code, or the approval granted is otherwise extended
pursuant to the requirements of those 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 a hearing
has been requested, it 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 this approval, or shown otherwise on an approved
plan.
D. The lot shall be developed and maintained in substantial conformance
with the site plan on file dated November 13, 2015, except as otherwise provided in
these conditions.
E. The existing driveway approach shall not be made wider, except that a
1,820 square foot guest parking area maybe developed adjacent to the driveway behind
the 50-foot front yard setback.
F. The guest parking area shall have a distinctly different surface material
than the driveway and may not be impervious nor may it consist of block or concrete
pavers.
G. Should improvements be made to the retaining walls along the existing
driveway, such retaining walls may not exceed 3' in height, or a Site Plan review for
walls higher than 3' would be required.
H. 26 cubic yards of cut and fill, total, may be graded for the parking area
and the pool equipment and be balanced on site.
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I. Prior to finaling this project, the area of the lot East of the guest parking
area, between the roadway easement and the parking, but not in the easement, shall be
landscaped with ground cover or similar plants to soften that portion of the lot and to
screen the guest parking from the street.
J. The structural lot coverage on the 42,176 square foot net lot shall not
exceed 4,564 square feet or 10.8%-with allowed deductions (20% permitted); and the
total lot coverage including the structures and paved areas shall not exceed 10,915
square feet or 26.0%, with allowed deductions, (35% permitted).
K. Disturbed area of the lot shall not exceed 51.4% or 21,675 square feet of
the net lot area, of which 45% exists.
L. Coverage on the existing 8,267 square foot residential building pad shall
not exceed 55.2%.
M. The Variance previously granted to waive the requirement for a set aside
or construction of a stable and corral is applicable to this proposed development and
its findings remain intact.
N. The pool equipment area shall be screen from neighbors and the street at
all times and shall be constructed utilizing the most advanced material to reduce noise
originating from the area.
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, and objectionable odors shall be required.
P. During and after construction, all parking shall take place on the project site
and, if necessary, any overflow parking may take place within nearby unimproved
roadway easements, but not to obstruct neighboring driveways or trails. During
construction, to maximum extend feasible, employees of the contractor shall car-pool
into the City.
Q. At all times 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.
R. 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 and septic tank facility.
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S. The property owners shall be required to conform to the City of Rolling
Hills Outdoor Lighting Ordinance.
T. If any landscaping is introduced for this project, the trees or shrubs shall
be .of a type that do not grow higher than the ridge line of the residence and shall be
maintained at such height at all times, so as not to impair neighbors' view. The
landscaping, if planted, shall include native drought -resistant vegetation and be
planted in an offset manner so that not to result in a hedge like screen. If landscaping
of 5,000 square foot area or greater is introduced the landscaping shall be subject to the
requirements of the City's Water Efficient Landscape Ordinance.
U. 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 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.
V. Rolling Hills Community Association review and approval of this project
is required.
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#FIR
E. It is the sole responsibility of the property owner and/or his/her contractor to
monitor the red flag warning conditions. Should a red flag warning be declared and if
work is to be conducted on the property, the contractor shall have readily available fire
distinguisher.
X. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills
Municipal Code, any modifications or further development on the property or this
project, which would constitute additional grading, height or structural
development shall, require the filing of a new application for approval by the
Planning Commission.
Y. Until the applicants execute an Affidavit of Acceptance of all conditions
of this approval, the approvals shall not be effective.
Z. All conditions of this approval, that apply, shall be complied with prior
to the issuance of building permits and these conditions shall be printed on the
approved plans.
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PASSED, APPROVED AND ADOPTED THIS 15th DAY OF DECEMBER 2015.
RED 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.
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS
I certify that the foregoing Resolution No. 2015-23 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE
PLAN REVIEW FOR AN ADDITION AND CONSTRUCTION OF
A POOL EQUIPMENT ENCLOSURE ON A PROPERTY WITH
RESTRICTED DEVELOPMENT CONDITION; GRADING FOR A
GUEST PARKING AREA AND VARIANCES TO LOCATE THE
EQUIPMENT ENCLOSURE IN THE FRONT YARD AREA OF
THE SITE, TO EXCEED THE MAXIMUM PERMITTED LOT
DISTURBANCE, AND TO LOCATE A PORTION OF A 3' HIGH
RETAINING WALL WITHIN THE SIDE YARD SETBACK AT 13
OUTRIDER ROAD, (LOT 94-A-EF), ROLLING HILLS, CA,
(HANG JA YOO).
was approved and adopted at a regular meeting of the Planning Commission on
December 15th, 2015 by the following roll call vote:
AYES: Commissioners Cardenas, Kirkpatrick, Gray, Smith and
Chairman Chelf.
NOES:
ABSENT:
ABSTAIN:
and in compliance with the laws of California was posted at the following:
Administrative Offices.
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CITY CLERK
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